Victoria, Newfoundland and Labrador
· adopted 2011-01-24
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TOWN OF VICTORIA
DEVELOPMENT REGULATIONS
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF VICTORIA DEVELOPMENT REGULATIONS 2010
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Victoria adopts the Town of Victoria Development Regulations 2010.
Adopted by the Town Council of Victoria on the 24th day of January 2011.
Signed and sealed this 7th day of March 2011.
Mayor:
/Y
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,4724:-<d.l,z::ri.µaAdz< ·
Art Burke
Clerk:
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Sharon Snooks
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Development Regulations have been prepared in
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF VICTORIA DEVELOPMENT REGULATIONS 2010
Under the authority of Section 16, Section 17 and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Victoria
a)
adopted the Town of Victoria Development Regulations 201 O on the 24'h day
of January 2011 .
b)
gave notice of the adoption of the Town of Victoria Development Regulations
2010 by advertiriement inserted on the 1'' day of February 2011 and the 81h
day of February 2011 in the Compass newspaper .
c)
set the 17'h day of February 2011 at 7:00 p.m. at the Town Hall, Victoria 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,
on the 7th day of March 2011 the Town Council of Victoria approves the Town of Victoria
Development Regulations 2010 as adopted .
SIGNED AND SEALED this 7th day of March 2011
Mayor:
Clerk:
TABLE OF CONTENTS - 1
APPLICATION. . . . . . . . . . . . . .................................... . Page 1
Page 1
Page 1
Page 1
1
2.
3.
Short Title ....... .
Interpretation.. . . . . . . . . . . . . . . . . . . . . . . ................ .
Commencement. ................................. .
4.
Development Regulations Under the Urban and Rural Planning Act 2000 -
"Ministerial Regulations". . . . . .
. . . . . . . . . . . . . . . . . . . . . . Page 1
5.
Municipal Code and Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
6.
Town .............................................. . Page 1
PART I - GENERAL REGULATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
7.
Compliance With Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
8.
Permit Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
9.
Permit to be Issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 2
10.
Permit Not to be Issued in Certain Cases. . . . . . . . . . . . . . . . . . . . Page 2
11.
Discretionary Powers of Town.. ... . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
12.
Variances by Town. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 3
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Service Levy. . . ..................................... .
Financial Guarantees by Developer.
Dedication of Land for Public Use ......................... .
Reinstatement of Land. . . . ............................ .
Form of Application ................................ .
Register of Application ............................... .
Deferment of Application ................................ .
Approval in Principle ............................. .
Development Permit. ............................. .
Reasons for Refusing Permit.
Notice of Application ................................ .
Right of Entry ..................................... .
Record of Violations ...... .
Page 3
Page 4
Page 4
Page 5
Page 5
Page 5
Page 5
Page 6
Page 6
Page 7
Page 8
Page 8
Page 8
TABLE OF CONTENTS· 2
26.
Stop Work Order and Prosecution. . . . . . . . . . . . . . . . . . . . . . . . . Page 8
27.
Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
PART II
GENERAL DEVELOPMENT STANDARDS .................... Page 10
28.
Access Ramps ....................................... Page 10
29.
Accesses and Service Streets.. . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10
30.
Accessory Buildings - Dwellings.. . . . . . . . . . . . . . . . . . . . . . . . . Page 1 O
31.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses
Page 12
32.
Accessory Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 12
33.
Advertisements and Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 13
34.
Advertisements Exempt from Control. . . . . . . . . . . . . . . . . . . . .
Page 15
35.
Advertisements -Temporary and/or Portable Signs ........... Page 16
36.
Advertisements and Signs near Highways .................. Page 17
37.
Advertisements Relating to Onsite Uses.. . . . . . . . . . . . . . . . . . . Page 17
38.
Advertisements Relating to Offsite Uses.. . . . . . . . . . . . . . . . . . . Page 17
39.
Agriculture.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 18
40.
Archaeological Resources and Heritage Sites and Areas ....... Page 18
41.
Bed and Breakfast, Boarding House.. . . . . . . . . . . . . .
Page 19
42.
Buffers - Non-Residential. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 19
43.
Building Line and Setback.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 19
44.
Buildings on a Lot. .................................... Page 19
45.
Campground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
46.
Child Care.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
47.
Comprehensive Development.. . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
48.
Decks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
49.
Discretionary Use Classes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
50.
Entrance and Window Wells.. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
51.
Family and Group Care Centres. . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
TABLE OF CONTENTS· 3
52.
Forestry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
53.
Height Exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
54.
Home Business.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 22
55.
Lot Area.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 22
56.
Lot Area and Size Exceptions.. . . . . . . . . . . . . . . . . . . . . . . . . . . Page 22
57.
Lot Frontage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 23
58.
Mineral Exploration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 23
59.
Mineral Working. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 23
60.
Non-Conforming Uses.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 26
61.
Offensive and Dangerous Uses. . . . . . . . . . . . . . . . . . . . . . . . . . Page 27
62.
Parks and Playgrounds and Conservation Uses.. . . . . . . . . . . . . Page 27
63.
Public Services and Public Utilities. . . . . . . . . . . . . . . . . . . . . . . . Page 27
64.
Road Frontage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 28
65.
Screening and Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 28
66.
Service Stations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 28
67.
Site Development and Subdivision Development.. . . . . . . . . . . . Page 28
68.
Site Development
Fill and Landscaping Permit Requirements.
Page 29
69.
Site Development - Quarry and Soil Removal. . . . . . . . . . . . . . . Page 29
70.
Site Development - Slope Greater than 15 Percent or 20 Percent
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Page 30
71
Street Construction Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30
72.
Subsidiary Apartments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30
73.
Subsidiary Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30
74.
Trail Corridors. . . . . ................................. . Page 31
75.
Unserviced Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32
76.
Unsubdivided Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32
77.
Waterways and Wetlands, Big Brook (Salmon Cove River). . . . . Page 32
78.
Windmills, Wind Turbines, Alternate Energy Sources.. . . . . . . . . Page 34
TABLE OF CONTENTS· 4
PART Ill - SUBDIVISION OF LAND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35
79.
Permit Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35
80.
Building Permits Required.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35
81.
Subdivision Subject to Zoning.. . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35
82.
Issue of Permit Subject to Considerations. . . . . . . . . . . . . . . . . Page 35
83.
Approval in Principle, Concept Plan and Final Plan. . . . . . . . . . . Page 36
84.
Developer to Pay Engineer's Fees and Charges. . . . . . . . . . . . . Page 36
85.
Payment of Service Levies and Other Charges . . . . . . . . . . . . . . Page 36
86.
Construction and Town Engineer Costs Guarantees. . . . . . . . . . Page 37
87.
Services to be Provided. . . . . . . . . . . . . . . . . . .
. . . . . . . . Page 37
88.
Building Lines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 37
89.
Land for Park Land or Other Public Use.. . . . . . . . . . . . . . . . . . . Page 37
90.
Structure in Street Reservation.. . . . . . . . . . . . . . . . . . . . . . . . . . Page 38
91 .
Subdivision Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 38
92.
Engineer to Design Works and Certify Construction Layout.. . . . Page 40
93.
Street Works May Be Deferred.. . . . . . . . . . . . . . . . . . . . . . . . . . Page 40
94.
Transfer of Streets and Utilities to Town.. . . . . . . . . . . . . . . . . . . Page 41
95.
Restriction on Sale of Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 41
96.
Grouping of Buildings and Landscaping. . . . . . . . . . . . . . . . . . . . Page 42
97.
Subdivision Policy and Agreement. . . . . . .
. . . . . . . . . . . . . Page 42
PART IV - USE ZONES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 43
98.
Use Zones.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 43
99.
Use Classes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 43
100.
Permitted Uses ....................................... Page 43
101.
Discretionary Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 43
102.
Uses Not Permitted - Prohibited Uses.. . . . . . . . . . . . . . . . . . . . . Page 44
SCHEDULE A - DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 45
TABLE OF CONTENTS - 5
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS.. . Page 56
SCHEDULE C- USE ZONE TABLES.''''''.''.''.' .. ''''.' .. '''''.' Page 62
RESIDENTIAL (RES) ZONE .. ' . ' ' ' ... ' ' ' ' ' ' ' .. ' ' ' ' ' ' . ' ' ' ' ' ' . . Page 63
MIXED DEVELOPMENT (MD) ZONE. . . . . . . . . . . . . . . . . . . . . . . . . . . Page 67
HERITAGE (HZ) ZONE. ' ... ' ' . ' ' ... ' ' ' ' ' ' ' ... ' ' . ' ' ... ' . ' ' . . . Page 70
OPEN SPACE RECREATION (OSR) ZONE ...................... Page 71
RURAL (RU) ZONE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 72
DESIGNATED FLOODWAY (OF) ZONE ........................ Page 74
HISTORIC FLOOD (HF) ZONE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 76
ENVIRONMENTAL PROTECTION (EP) ZONE. . . . . . . . . . . . . . . . . . . Page 78
PROTECTED PUBLIC WATER SUPPL y ZONE .. ' ' ... ' . ' ' ' ' . ' . ' ' ' Page 79
SCHEDULE D - PARKING AND OFFSTREET LOADING REQUIREMENTS.. Page 83
SCHEDULE E.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 88
Development in Shore Water Zones ............................ Page 89
Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 92
Flood Plain Management.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 95
MAPS: Land Use Zoning Maps 1 and 2.
TOWN OF VICTORIA MUNICIPAL PLAN
1.
Short Title
(DEVELOPMENT REGULATIONS)
APPLICATION
These Regulations may be cited as the Victoria Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings
which are commonly assigned to them in the context in which they are used
in the Regulations.
3.
Commencement
These Regulations come into effect throughout the Victoria 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.
4.
Development Regulations Under the Urban and Rural Planning Act 2000 -
"Ministerial Regulations"
The Ministerial Regulations enacted under Section 36 of the Act shall apply to
development within the Planning Area. Where there is conflict between these and
the Victoria Development Regulations, the Ministerial Regulations shall prevail. The
Ministerial Regulations are included with the Victoria Development Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code,
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 Victoria, shall,
under these Regulations apply to the entire Planning Area.
6.
Town
In these Regulations, "Town" means the Council of the Town of Victoria.
Town of Victoria
Development Regulations 2010
Page2
PARTI-GENERALREGULATIONS
PART I· GENERAL REGULATIONS
7.
Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance
with these Regulations.
8.
Permit 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 Town.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development within
the Planning Area that conforms to the requirements of these regulations.
10.
Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Town, 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 the Town and such cost shall attach to and upon the
property in respect of which it is imposed.
11.
Discretionary Powers of Town
(1)
In considering an application for a permit or for approval in principle to carry
out development, the Town 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
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, the Town 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.
Town of Victoria
Development Regulations 2010
Page3
PARTJ - GENERAL REGULATIONS
(2)
Except when it considers that a proposed use is similar to a permitted or
discretionary use and the proposed use is in accordance with the intent of
the Municipal Plan and the applicable zone under Schedule C, the exercise
of discretionary powers under this Regulation does not enable the Town to
permit the development of a use that is not set out as a permitted use or
discretionary use under Schedule C.
12.
Variances by Town
See Ministerial Development Regulations, Section 12.
(1)
Where an approval or a permit cannot be given by the Town because a
proposed development does not comply with development standards set out
in these Regulations, the Town may, in its discretion, vary the applicable
development standards to a maximum of 10%, if, in the Town'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 the public interest.
(2)
The Town shall not allow a variance from development standards set out in
these 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 greaterthan a 10% variance
even though the individual variances are separately not greater than 10%.
(3)
The Town shall not permit a variance from the development standards where
the proposed development would increase the non conformity of an existing
development.
(4)
Public Notice - When a variance is necessary under this Regulation, the
Town shall, at the expense of the applicant, give written notice to the
property owners in the immediate vicinity of the proposed variance.
13.
Service Levy
(1)
The Town 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 by the carrying out of public
works either on or off the site of the development.
Town of Victoria
Development Regulations 2010
Page4
PART I - GENERAL REGULATIONS
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Town of constructing or improving the public works referred
to in Regulation 13(1) that are necessary for the real property to be
developed in accordance with the standards required by the Town and for
uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
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)
The Town may require a service levy to be paid by the owner of the real
property;
a)
at the time the levy is imposed;
b)
at the time development of the real property commences;
c)
at the time development of the real property is completed; or,
d)
at such other time as the Town may decide.
14.
Financial Guarantees by Developer
(1)
The Town 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 engineering and other consultants'
fees, service levies, ensure site reinstatement, and to enforce the carrying
out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
a)
a cash deposit from the developer, to be held by the Town; or,
b)
a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer; or,
c)
a performance bond provided by an insurance company or a bank; or,
d)
an annual contribution to a sinking fund held by the Town.
15.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Part Ill (Subdivisions),
the Town may require the dedication of a percentage of the land area of any
Town of Victoria
Development Regulations 20 JO
Page5
PART I - GENERAL REGULATIONS
subdivision or other development for park land or other public use, and such land
shall be conveyed to the Town in accordance with the provisions of the Act.
Unless the Town decides otherwise, such land that is dedicated for park land or
other public use will not include land that the Town requires to be set aside for
stormwater management or environmental protection, whether or not that land is
located within the Environmental Protection Zone.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town may order the developer, the occupier of the site, or the owner or all of them
to reinstate the site, to remove all or any buildings or erections, to cover or fill all
wells or excavations, and to close all or any accesses, or to do any of these things
or all of them, as the case may be, and the developer, occupier or owner shall carry
out the order of the Town and shall put the site in a clean and sanitary condition to
the satisfaction of the Town.
17.
Form of Application
(1)
An application for a Development Permit or for Approval in Principle shall be
made only by the owner or by a person authorized by the owner to the Town
on such form as may be prescribed by the Town, and every application shall
include such plans, specifications and drawings as the Town may require,
and be accompanied by the permit fee required by the Town.
(2)
The Town shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 17(1) and a description of the
plans, specifications and drawings required to be provided with the
application.
18.
Register of Application
The Town shall keep a public register of all applications for development, and shall
enter therein the Town's decision upon each application and the result of any
appeal from that decision.
19.
Deferment of Application
(1)
The Town may, with the written agreement of the applicant, defer
consideration of an application.
Town of Victoria
Development Regulations 2010
Page6
PART! - GENERAL REGULATIONS
(2)
Applications properly submitted in accordance with these Regulations which
have not been determined by the Town and on which a decision has not
been communicated to the applicant within eight weeks of the receipt thereof
by the Town, and on which consideration has not been deferred in
accordance with Regulation 19(1 ), shall be deemed to be refused.
20.
Approval in Principle
(1)
The Town may grant Approval in Principle for a subdivision or any other
development if, after considering an application for Approval in Principle
made under these Regulations, it is satisfied that the proposed development
is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where Approval in Principle is granted under this Regulation, it shall be
subject to the subsequent approval by the Town and other relevant
authorities or agencies of such details as may be listed in the Approval in
Principle, which shall also specify that further application for approval of
these details shall be received not later than two years from the grant of
Approval in Principle.
(3)
The Town may attach such conditions as it deems fit to an Approval in
Principle in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations and any other
pertinent regulations or statutes.
(4)
An Approval in Principle or conditions attached thereto is subject to appeal
under the Act.
(5)
Notwithstanding an Approval in Principle, no work shall commence until a
Development Permit or other permit has been issued by the Town.
21.
Development Permit
(1)
A plan or drawing which has been approved by the Town and which bears
a mark and/or signature indicating such approval together with a permit shall
be deemed to be permission to develop land in accordance with these
Regulations but such permission shall not relieve the applicant from full
responsibility for obtaining permits or approvals under any other regulation
or statute prior to commencing the development; from having the work
carried out in accordance with these Regulations or any other regulations or
statutes; and from compliance with all conditions imposed thereunder.
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Development Regulations 20 IO
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PART I - GENERAL REGULATIONS
(2)
The Town may attach to a permit or to an Approval in Principle such
conditions as it deems fit in order to ensure that the proposed development
will be in accordance with the purposes and intent of these Regulations.
(3)
Where the Town deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in writing
by the Town for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be
stated therein, and 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, excepl in the case of a permit for an advert-
isement, which may be renewed in accordance with Regulation 33 of these
Regulations.
(5)
The approval of any application and plans or drawings or the issue of a
permit shall not prevent the Town 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)
The Town may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the
permit was issued in error or was issued on the basis of incorrect
information.
(7)
No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Town.
(8)
There shall be kept available on the premises where any work, matter or
thing in 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.
(9)
A Development Permit or permit or conditions attached thereto is subject to
appeal.
22.
Reasons for Refusing Permit
The Town shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
Town of Victoria
Development Regulations 2010
23.
Notice of Application
Page8
PART 1- GENERAL REGULATIONS
When a change in nonconforming use is to be considered (see also Ministerial
Regulations), when the development proposed is listed as a discretionary use in
Schedule C or where elsewhere required under these Regulations the Town shall,
at the expense of the applicant, give notice of an application for a permit or for
approval in principle, by public advertisement in a newspaper circulating in the area
or by any other means deemed necessary.
When a variance is necessary under Regulation 12 (see also Ministerial
Regulations), the Town shall, at the expense of the applicant, give written notice to
the property owners in the immediate vicinity of the proposed variance.
24.
Right of Entry
The Town, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land
for the purpose of making surveys or examinations or obtaining information relative
to the carrying out of any development, construction, alteration, repair, or any other
works whatsoever which the Town is empowered to regulate.
25.
Record of Violations
Every inspector shall keep a record of any violation of these regulations which
comes to his knowledge and report that violation to the Town.
26.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, the Town may order that person to stop the development
or work connected therewith pending final adjudication in any prosecution
arising out of the development.
(2)
A person who does not comply with an order made under Regulation 26(1)
is guilty of an offence under the provisions of the Act.
27.
Appeals
(1)
See Ministerial Regulations - Sections 5 to 11.
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Development Regulations 201 IJ
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PART I - GENERAL REGULATIONS
(2)
Where an appeal lodged under Section 42 of the Urban and Rural Planning
Act has been successful, the fee paid by the appellant shall be reimbursed
by the Town.
Town of Victoria
Development Regulations 2010
Page JO
PART ll- GENERAL DEVA'LOPMENT STANDARDS
PART II - GENERAL DEVELOPMENT STANDARDS
28.
Access Ramps
An access ramp for a wheel chair, may, at the discretion of the Town after
consultation with abutting property owners, be erected in a minimum front, rear or
side yard if there is no alternative means of providing the access ramp and it does
not create a safety hazard or block sight lines.
29.
Accesses and Service Streets
(1)
Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town
may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
(2)
Any access to a Provincial Highway must be approved by the Department of
Transportation and Works.
(3)
No vehicular access shall be closer than 1 O metres to the street line of any
street intersection.
30.
Accessory Buildings - Dwellings
(1)
This Regulation only applies to accessory buildings associated with single,
double and row dwellings and apartment buildings.
(2)
Accessory buildings shall be clearly incidental and complementary to the use
of the principal buildings in character, use and size, and shall generally be
contained on the same lot as the principal building or buildings.
(3)
Building Line - The minimum building line (distance from the front lot line)
for an accessory building shall be as that set out in the Schedule C Use Zone
for principal and other buildings.
(4)
Side Yard Except for row and double dwellings where an accessory building
can be built to the side lot line, provided that the wall adjoining the side lot
line is of fire resistant construction, the minimum side yards (distance from
the side lot lines) are as follows:
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Development Regulations 2010
Page I I
PARTJJ - GENERAL DEVELOPMENT STANDARDS
a)
Accessory Building Does Not Exceed 4 Metres in Height -
the
minimum side yard is 1 metre;
b)
Accessory Building Exceeds 4 Metres in Height - the minimum side
yard is at least 2 metres, unless more is deemed necessary by the
Town in order to protect the amenities and/or privacy of neighbouring
properties;
c)
Minimum Side Yard Flanking Road (for a Corner Lot)-the accessory
building shall not be closer to a flanking road than that set out for the
dwelling under Schedule C.
(5)
Rear Yard
a)
Accessory Building Does Not Exceed 4 Metres in Height -
the
minimum rear yard (distance from the rear lot line) is 1 metre.
b)
Accessory Building Exceeds 4 Metres in Height- the minimum rear
yard shall be 2 metres, unless more is deemed necessary by the
Town in order to protect the amenities and/or privacy of neighbouring
properties.
(6)
Separation Distance from Principal Building - Accessory buildings shall
maintain a minimum separation distance of 3 metres from a principal
building, or the minimum required by the Building Code, whichever is the
greater.
(7)
Lot Coverage - The combined lot coverage of accessory buildings together
with principal and other buildings on a lot shall not exceed 33%.
(8)
Floor Area - No floor area requirements are set out for accessory buildings.
However, any accessory building exceeding 70 m2 in floor area may only be
approved at the discretion of the Town and after notice of the application has
been given in accordance with Regulation 23.
(9)
Height - The maximum height of an accessory building shall not exceed the
height of the principal building. However, any accessory building with a
height greater than 4 metres may only be approved at the discretion of the
Town and after notice of the application has been given in accordance with
Regulation 23.
Town of Victoria
Development Regula/ions 2010
Page 12
PART II - GENERAL DEVELOPMENT STANDARDS
31.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses
(1)
This Regulation sets out the requirements for accessory buildings for non-
dwelling uses. that is, uses not included under Regulation 30.
(2)
Accessory buildings shall be clearly incidental and complementary to the use
of the principal buildings in character, use and size, and shall be contained
on the same lot as the principal building or buildings.
(3)
Building Line - The minimum building line (distance from the front lot line)
for an accessory building shall be as that set out in the Schedule C Use Zone
for principal and other buildings.
(4)
Side Yard and Rear Yard and Flanking Road - the minimum side yard and
rear yard for an accessory building shall be 5 metres, and the accessory
building shall not be closer to a flanking road than that set out for the
principal building under Schedule C.
(5)
Separation Distance from Principal Building - Accessory buildings shall
maintain a minimum separation distance of 3 metres from a principal building
or the minimum required by the Building Code, whichever is the greater.
(6)
Lot Coverage - No lot coverage requirements are set out.
(7)
Floor Area -
No floor area requirements are set out.
(8)
Height- The maximum height of an accessory building shall not exceed the
height of the principal building.
32.
Accessory Uses
See also Schedule A
Definitions.
Subject to the other requirements of these Regulations, including those of Schedule
C, uses accessory to the permitted or discretionary use are allowed.
Subject to Schedule C, examples of accessory uses include, but are not limited to:
a)
facilities for the serving of food and alcoholic beverages in an arena or other
place of assembly, marina, or hotel (commercial - residential) and/or a gift or
souvenir shop in a museum, hotel or other establishment;
b)
a general garage attached to or forming part of a car-dealership or other
major retail-wholesale outlet;
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Development Regulations 2010
Page 13
PART 11- GENERAL DEVELOPMENT STANDARDS
c)
an office, convenience store and/or catering establishment in a campground;
d)
a marina, dock or wharf in a residential or other zone;
e)
an accessory dwelling (subsidiary dwelling) or accessory dwelling unit
(subsidiary apartment):
f)
a business carried out in a dwelling or residential accessory building by a
resident of the dwelling;
g)
a dwelling accessory to a non-residential permitted or discretionary use - for
example, a farm dwelling or a caretaker's dwelling;
h)
a structure such as a solar panel or small wind generator used primarily for
power supply to the development - provided that all required approvals are
obtained, and the use will not create a hazard or nuisance to nearby
properties.
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
33.
Advertisements and Signs
The terms "advertisement" and "sign" are interchangeable.
(1)
Permit Required
Unless specifically exempted, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained
from the Town, and, where necessary, from the Department of Government
Services.
(2)
Form of Application
Application for a permit to erect or display an advertisement shall be made
to the Town in accordance with Regulation 17.
(3)
Advertisements in Street Reservation
No advertisement shall be erected or displayed within, on or over any
highway or street reservation unless it is a premises sign (advertisement
relating to onsite uses) and where applicable, unless this sign has been
approved by the Town and the Department of Government Services and/or
the Department of Transportation and Works and/or such other department
as necessary.
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Development Regulations 2010
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PART II - GENERAL DEVELOPMENT STANDARDS
(4)
Permit Valid for Limited Period
a)
A permit shall be valid for a period of one year and failure by the
applicant to initiate construction before expiration of the first permit
year shall require reapplication to the Town.
b)
Where, upon expiration of the first permit year a person wants the
continued placement of that sign, that person shall apply to the Town
for a renewed permit.
c)
The Town may issue a renewed permit and that renewed permit shall
be valid for a period of three years, and this must subsequently be
renewed for further three year periods if the sign is to remain in place.
d)
A renewed permit shall not be issued until the Town is satisfied that
the sign has been maintained to its satisfaction and conforms to these
Regulations and the conditions attached to the permit.
(5)
Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Town may require
the removal of any advertisement which, in its opinion, is:
a)
hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition; or,
b)
detrimental to the amenities of the surrounding area.
(6)
Signs - Non-Conforming Uses
A permit may be used for the erection or display of advertisements on a
building or within the courtyard of a building or on a parcel of land, the use
of which is a non conforming use, provided that the advertisement does not
exceed the size and type of advertisement which could be permitted if the
development was in a Use Zone appropriate to its use, and subject to any
other conditions deemed appropriate by the Town.
(7)
Prohibition
A sign shall not be erected, posted or placed:
a)
where in the opinion of the Town, that sign would be hazardous to
road traffic by reason of its siting, illumination or structural condition;
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Development Regulations 20 I 0
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PART I1 - GbNERAL DEVELOPMENT STANDARDS
b)
where in the opinion of the Town that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
c)
where that sign is not maintained to the satisfaction of the Town;
d)
within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
e)
with the exception of premises advertisements, within 300 metres, or
a distance specified by the Department of Transportation and Works,
or the Town of the intersection of two or more highways and/or for
Town roads, or from the crossing of a public road;
f)
at a location that is objectionable to residents of the immediate area;
and
g)
on a sign erected by the Department of Transportation and Works.
(8)
Signs or Advertisements Not Specifically Covered
If for some reason an application is received for a sign or advertisement that
does not fall into one of the categories set out under these Regulations, then
subject to the other applicable requirements of these Regulations the Town
may approve, approve with conditions, or refuse to approve the sign or
advertisement.
34.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a)
a posting of a candidate in a federal, provincial or municipal election or a
regional school board election;
b)
a temporary sign relating to federal, provincial or municipal public works;
c)
a notice required by law to be posted;
d)
a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e)
a sign placed by a telephone, telegraph or electric power company to
indicate danger;
f)
a sign, not exceeding 0.5 m2 , advertising the sale or rental of a building or lot
upon which the sign is located;
g)
a flag, emblem or insignia of a nation, country or province;
h)
one temporary sign related to building construction located on a site on
which the work is being carried out;
i)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m2 in area;
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Development Regulations 20 IO
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PART fl - GENERAL DEVELOPMENT STANDARDS
j)
on an agricultural holding or farm, a notice board not exceeding 1.5 m2 in
area and relating to the operations being conducted on the land;
k)
on land used for forestry purposes, signs or notices not exceeding 1 m2 in
area and relating to forestry operations or the location of logging operations
conducted on the land;
I)
on land used for mining or quarrying operations, a notice board not
exceeding 1 m2 in area relating to the operation conducted on the land;
m)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m2 in area in connection with the practice of a business
carried on in the premises;
n)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board placed no closer than 3 metres from
a street line;
o)
on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters
not exceeding one-tenth of the height of that facade or 3 metres, whichever
is the lesser;
p)
on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot; and,
q)
a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching.
35.
Advertisements - Temporary and/or Portable Signs
A temporary and/or portable sign may be permitted in any zone for a period not
exceeding 30 consecutive days, provided the sign:
a)
does not exceed 4 m2 in area;
b)
does not create or aggravate a traffic hazard, such as by blocking a sight-
line;
c)
does not interfere with other lawful signs, including directional signs;
d)
is of a location, materials, design and colour in keeping with the character
and appearance of the area;
e)
if necessary, is approved by the Department of Government Services,
together with the Town.
The sign shall be immediately removed upon expiry of the permit.
A renewal permit for a temporary and/or portable sign may only be issued thirty
days after the expiry of the original permit.
Town of Victoria
Development Regulations 2010
Page 17
PART II - GENERAL DEVELOPMENT STANDARDS
36.
Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially maintained
route. These lines extend 400 metres from the highway centre lines, except that the
control area is reduced within the within Municipal Boundaries and built up areas of
incorporated communities to 100 metres from the centre line of a provincial
highway. Advertisements and signs falling within the designated control lines of any
highway must be referred to and approved or exempted by the Department of
Government Services and/or other department responsible for signage.
37.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement,
including premises signs, on any lot or site occupied by a use permitted or existing
as a legal non-conforming use in this use zone, shall be as follows:
a)
the size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Town, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area;
b)
unless it is a sign affixed to the wall or canopy of a building the
advertisement shall not exceed 5 square metres in area on any side.
38.
Advertisements Relating to Offslte Uses
The conditions to be applied to the erection or display of an advertisement on any
site, relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
a)
which advertisement shall not exceed 3 m2 in area;
b)
when the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature
of the distance or direction to the premises to which they relate;
c)
the location, siting and illumination of each advertisement shall be to the
satisfaction of the Town, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings and the
preservation of the amenities of the surrounding area.
Town of Victoria
Development Regulations 2010
39.
Agriculture and Livestock
Page 18
PART II - GENERAL DEVELOPMENT STANDARDS
(1)
Agricultural uses are regulated by the Town and the Provincial Government,
subject to the relevant policies and legislation. Agricultural uses shall be
approved by both the Agrifoods Development Branch of the Department of
Natural Resources and the Town, together with other appropriate agencies.
(2)
Except for infill development any residential development within 300 metres
of structure containing five or more animal units must be referred to the
Agrifoods Development Branch for a recommendation.
(3)
Any livestock structure (barn) containing five or more animal units must be
located at least 300 metres from a non-farm dwelling, unless otherwise
determined after referral to, and upon recommendation of, the Agrifoods
Development Branch. The erection of the structure shall be approved by the
Agrifoods Development Branch before a permit is issued by the Town.
(4)
Large livestock, such as horses and ponies, and smaller livestock, such as
ducks or chickens, whether or not these are viewed as pets, are classed as
livestock, an agricultural use.
40.
Archaeological Resources and Heritage Sites and Areas
(1)
If an archaeological site or historical artifacts are discovered during construc-
tion, development shall stop and the Provincial Archaeology Office of the
Department of Tourism, Culture and Recreation consulted. Development
shall not proceed until the Provincial Archaeology Office has evaluated the
site.
(2)
Before approval is granted for a major development, such as a subdivision,
or a new commercial or public building, the application shall be referred to
the Provincial Archaeology Office for investigation.
(3)
After proper notification and consultation, the Town may designate any
property or structure a heritage property or building and require that certain
conditions pertaining to appearance and upkeep be maintained.
(4)
The Town may designate an entire area containing archaeological and/or
heritage sites a heritage area under which certain conditions designed to
protect and best develop the resources are put into place.
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Development Regulations 2010
Page 19
PART II - GENERAL DEVELOPMENT STANDARDS
41.
Bed and Breakfast, Boarding House
Bed and breakfast and/or boarding house is subject to the following conditions:
a)
the proposed building has an exterior design which is sensitive to the
residential character of the surrounding area and respects the scale and
density of adjacent dwellings; and
b)
the development is landscaped in a manner compatible with the surrounding
residential area.
42.
Buffers - Non-Residential
Where any non-residential use abuts a residential use or area, the owner of the site
of the non-residential development may be required to provide a buffer strip
between any non-residential building or activity and the residential use. The buffer
shall include the provision of grass strips, hedges, trees or shrubs, or structural
barriers as may be required by the Town. and shall be maintained by the owner or
occupier to the satisfaction of the Town.
43.
Building Line and Setback
(1)
The Town, 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 tables in Schedule C of these Regulations.
(2)
The building line setback is measured from the front property line.
44.
Buildings on a Lot
See also Comprehensive Development.
(1)
More than one apartment building, double dwelling and/or row dwelling can
be allowed on a lot, provided that the requirements of Schedule C and other
parts of these regulations are satisfied. However, not more than one single
dwelllng can be permitted on a lot unless it is part of a comprehensive
development.
(2)
Other Use Classes Two or more buildings can be erected on a lot provided
that the yard and setback and other requirements of Schedule C and other
parts of these regulations are satisfied.
Town of Victoria
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PART ff - GENERAL DEVELOPMENT STANDARDS
Development Regulations 2010
45.
Campground
A plan of the campground shall be submitted in a format satisfactory to the Town,
showing and specifying the number and location of campsites and all facilities,
services, internal roads and measures for buffering and/or screening. The approved
plan, together with any other approvals and conditions shall form part of the permit.
46.
Child Care
Where allowed, a child care facility shall be compatible with the residential or other
area within which it is located. In a residential area there shall be no visible
indication that such a use is occurring, except for a small identification sign. The
approval of the department of Government Services is required before a permit for
a child care facility is issued by the Town.
47.
Comprehensive Development
48.
The Town may permit a large scale private or public comprehensive development
that except for land use and overall density does not meet the requirements of the
Development Regulations provided that:
a)
the Town is satisfied that eitherthe site conditions are such that the standard
requirements could not be met, or, the quality of the development would be
greater than could otherwise occur through the application of the standard
requirements;
b)
c)
d)
e)
f)
Decks
a comprehensive development plan of the property has been granted
Approval in Principle by the Town, along with other approvals before permits
are issued for development;
the comprehensive development itself has frontage on a publicly owned and
maintained road;
the development is compatible with adjacent development;
water supply and waste disposal services for the development are approved
by the Town, the Government Service Centre and other appropriate
agencies;
there are at least two developments within the comprehensive development
and the land area of the development is at least one hectare.
An open or partially enclosed deck attached to the dwelling shall not extend into the
minimum permissible front and side yards and flanking road setback and shall not
be closer to the rear lot line than 1 metre. A deck is not included in the calculation
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Development Regulations 20 IO
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PART II - GENERAL DEVELOPMENT STANDARDS
of lot coverage under Schedule C. Decks attached to non-dwelling buildings shall
not extend into the minimum rear yard for the use.
49.
Discretionary Use Classes
The discretionary use classes listed in Schedule C may be permitted at the
discretion of the Town provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
50.
Entrance and Window Wells
An entrance well or a window well is permitted in the minimum front, rear or side
yard under Schedule C provided it does not extend more than 0.3 metres above
grade.
51.
Family and Group Care Centres
Family group care centre use shall be permitted in any dwelling or apartment that
is adequate in size to accommodate the number of persons living in the group,
inclusive of staff, provided that in the opinion of the Town, the use of the dwelling
does not materially differ from, nor adversely affect, the amenities of the adjacent
residences, or the neighbourhood in which it is located. The Town may require
special access and safety features to be provided for the occupants before
occupancy is permitted.
52.
Forestry
Approvals for woodcutting or other forestry related activities must be obtained from
the provincial Department of Natural Resources - Forest Management Unit.
Before a permit is issued for development outside the built-up area of the Town
within a rural or environmental protection type of zone, the Town shall consult with
the Department of Natural Resources, Forest Management Unit to ensure that it
does not negatively affect any legal forestry activity or management.
53.
Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be
waived in the case of communications masts and antennae, flagpoles, water towers,
spires, belfries, chimneys and wind turbines and similar structures
but any such
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Development Regulations 2010
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PART ll - GENERAL DEVELOPMENT STANDARDS
waiver which results in an increase of more than 20 percent in the permitted height
of the structure shall only be authorized under the provisions of Regulation 11.
54.
Home Business
A Home Business may only be permitted as an accessory use (Regulation 32) in a
dwelling and/or accessory building provided that:
a)
the use is clearly a subsidiary or accessory use to the residential use and
does not detract from the residential character of the neighbourhood;
b)
no wholesale sales or storage of goods is carried out;
c)
any retail sales are incidental to the approved use;
d)
no repairs to vehicles or heavy equipment are carried out;
e)
activities associated with the use are not hazardous and do not cause
noticeable noise, odor, dust or fumes, or inconvenience and are not a
nuisance to the occupants of adjoining residents;
f)
the sign is consistent with residential character of the neighbourhood;
g)
public notification of the proposed use has been given in accordance with
Regulation 23;
h)
no change in the type, class or extent of the home business shall be
permitted except with the approval of the Town.
55.
LotArea
(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.
56.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any 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 the Town for the
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PART 11- GENERAL DEVELOPMENT STANDARDS
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.
57.
Lot Frontage
No residential or commercial building shall be erected unless the lot on which it is
situated fronts directly onto a publicly owned and maintained street or forms part of
a Comprehensive Development.
58.
Mineral Exploration
(1)
Subject to the other provisions of these Development Regulations, mineral
exploration which is not classed as development by virtue of appreciable soil
disturbance, construction of access roads, noise, odour and appearance can
be permitted anywhere in the Town, provided that adequate notification is
given to the Town.
(2)
Mineral exploration which is classed as development shall or may only be
permitted where it is set out as a permitted or discretionary use in a use zone
under Schedule C and provided that:
a)
adequate provision is made for buffering and/or other means of
reducing or eliminating the impacts of the exploration on other uses,
the environment and waterways and wetlands;
b)
where there is soil disturbance, the developer shall provide a site
restoration or landscaping surety and/or other satisfactory guarantees
of site restoration or landscaping to the Town.
(3)
No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the Departments
of Natural Resources, Government Services, and Environment and
Conservation, together with any other relevant Provincial agencies.
59.
Mineral Working
Mineral workings are subject to this Regulation, any other applicable regulations and
the approval of the Department of Natural Resources, Mineral Lands Division.
No residential development shall be permitted closer than 300 metres to a mineral
working unless the Town and the Department of Natural Resources- Mineral Lands
Town of Victoria
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PART II GENERAL DEVELOPMENT STANDARDS
Division -
are satisfied that such development will not adversely affect the
operations of the existing or proposed mineral working.
(1)
Separation from Adjacent Uses - Unless the Town 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:
a)
Existing or Proposed Residential Development
b)
c)
d)
e)
i)
ii)
where no blasting is involved
where blasting is involved
Any Other Existing or Proposed Development
Public Highway or street
Protected Road
Body of water or watercourse
300 metres
1000 metres
150 metres
50 metres
90 metres
50 metres
(2)
Screening - A mineral working shall be screened in the manner described
below where it is visible from a public street or highway, developed area, or
area likely to be developed during the life of the use.
a)
Where tree screens exist between the mineral working and adjacent
public highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip
of vegetation so that visibility of any part of the use from the surround-
ing uses or streets will be prevented. The tree screens must be
maintained by the owner or occupier of the use to retain 30 metres in
a forested appearance. Where vegetation dies or is removed from
the 30-metre strip, the Town may require new trees of a minimum
height of 1 metre be planted to fill in the areas affected to the satis-
faction of the Town or, at the discretion of the Town, condition (2) b)
must be undertaken.
b)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the mineral working
from adjacent uses (excepting forestry and agriculture), or adjacent
public highways and streets. The berms shall be landscaped to the
Town's satisfaction.
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PART fl - GENERAL DEVELOPMENT STANDARDS
c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(excepting forestry and agriculture), additional screening may not be
required.
d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required above, the Town may refuse to permit the use or associated
activity.
(3)
Fencing - The Town may require the mineral working site or excavated
areas 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.
(4)
Water Pollution -
No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
or watercourse. Any access road to a pit or quarry working which crosses a
brook or stream shall be bridged or culverted at the crossing in accordance
with the regulations of the Department of Environment and Conservation.
(5)
Water Ponding -
No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
or watercourse. Any access road to a pit or quarry working which crosses a
brook or stream shall be bridged or culverted at the crossing in accordance
with the acts and regulations of the Department of Environment and
Conservation.
(6)
Erosion Control
No mineral working shall be carried out in a manner so as
to cause erosion of erosion of adjacent land.
(7)
Site Maintenance - The mineral working shall be kept clean of refuse,
abandoned vehicles, and abandoned equipment and any derelict buildings.
(8)
Access Roads
During extended periods of shutdown, access roads to a
mineral working shall be ditched or barred to the satisfaction of the Town.
(9)
Stockpiling Cover Material -
All stumps, organic material and topsoil,
including the rusty coloured and iron stained layer, shall be stripped and
stockpiled at least 5 metres from active quarry or stockpile areas. The owner
or operator shall ensure that the quality of the topsoil is not affected by
dilution with other materials.
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PART//- GENERAL DEVELOPMENT STANDARDS
(10)
Operating Plant and Associated Processing and Manufacturing
a)
The Town may permit processing and manufacturing use associated
with mineral workings provided that, in the opinion of the Town, the
use does not create a nuisance nor is liable to become a nuisance or
offensive by the creation of noise or vibration, or by reason of the
emission of fumes, dust, dirt, objectionable odour, or by reason of
unsightly storage of materials.
b)
all permanent or temporary buildings, plants and structures
associated with processing and manufacturing will be located so as
not to interfere with the present or future extraction of aggregate
resources.
c)
the Town may specify a minimum separation distance between
operating plant or associated processing and manufacturing structure
or equipment and adjacent developed areas likely to be developed
during the life of the mineral working.
(11)
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° 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;
d)
the access road to the working shall be ditched or barred to the
satisfaction of the Town;
e)
if the mineral working contains reserves of material sufficient to
support further extraction operations, the Town may require the work
described above to be carried out only in areas of the site where
extraction has depleted aggregate reserves.
60.
Non-Conforming Uses
(1)
See Section 108 of the Urban and Rural Planning Act and Sections 14, 15,
and 16 of the Ministerial Regulations.
(2)
Discontinuance-Subject to Section 17 of the Development Regulations and
Section 108 (2) of the Urban and Rural Planning Act 2000:
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PART 11 GENERAL DEVELOPMENTSTANDAJWS
a)
a non-conforming use of land may be resumed within one year of its
discontinuance;
b)
for the purpose of this Regulation, discontinuance of a non-
conforming use begins when any one of the following conditions is
met:
(i)
the building or use of land is clearly vacated or the building is
demolished;
(ii)
the owner or tenant has ceased paying business occupancy
taxes for that use; and/or
(iii)
the owner or tenant has stated in writing that the use has
ceased.
61.
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 the Town and any other authority having
jurisdiction.
62.
Parks and Playgrounds and Conservation Uses
(1)
Parks and playgrounds are permitted in any zone, provided however, that
such parks and playgrounds are not located in areas which may be
hazardous to their use and are not operated for commercial purposes.
(2)
Nothing in these Regulations shall prevent conservation uses or the designa-
tion of conservation areas in any zone.
63.
Public Services and Public Utilities
Within any zone the Town can permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to
the proper operation of the public service or public utility. Such facilities are subject
to the approval of relevant provincial and federal departments and agencies.
The design and location of such public services and public utilities shall take into
consideration their impact on nearby land uses and persons, the environment and
Town of Victoria
Development Regulations 2010
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PART II GENERAL DEVELOPMENT STANDARDS
archaeological resources within the Town, along with other matters that the Town
may deem to be significant.
64.
Road Frontage
Unless otherwise set out in these Regulations, all use classes except non-building
uses and certain other uses such as agricultural and transportation uses and
seasonal residences must front onto an existing publicly owned and maintained
road or a subdivision road built in conformity with the standards in these
Regulations.
65.
Screening and Landscaping
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Town, the
landscaping or screening is desirable to preserve amenity, or protect the
environment.
66.
Service Stations
The following requirements shall apply to all proposed service stations:
a)
all gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side;
b)
pump islands shall be set back at least 4 metres from the front lot line;
c)
accesses shall not be less than 7 metres wide and shall be clearly marked,
and where a service station is located on a corner lot, the minimum distance
between an access and the intersection of street lines at the junction shall
be 10 metres and the lot line between entrances shall be clearly indicated.
d)
a service station may only be permitted on an arterial or collector road and
shall not abut a residential use.
67.
Site Development and Subdivision Development
(1)
The Town shall consider the suitability of the site in terms of steepness of
grades, soils and geology, and environmentally sensitive areas, including
waterways and wetlands, when reviewing a development application.
(2)
The Town shall ensure that the proposed development is not inappropriate
by reason of:
Town of Victoria
Development Regulations 2010
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PART fl- GENERAL DEVELOPMENTSTANDAIWS
a)
precipitating or contributing to pollution in the area; and/or
b)
causing erosion and/or sedimentation; and/or
c)
causing damage to nearby properties.
(3)
When a subdivision or any development is being approved a portion of the
development site may be set aside for drainage control and this may include
retention ponds, swales and similar facilities. See also Regulations 15 and
89.
(4)
The Town may require that a plan of an entire area be approved before a
subdivision or development occupying a portion of the area is approved.
68.
Site Development - Fill and Landscaping Permit Requirements
(1)
A permit shall not be required for ordinary landscaping of a property or the
creation of a garden and similar activity unless such activity is likely to affect
adjacent properties or a water body.
(2)
A permit shall be obtained from the Town before any filling-in or excavation
of land takes place. This permit may be the same as the one obtained for the
construction of a dwelling or other use.
69.
Site Development - Quarry and Soil Removal
(1)
If, as part of another development, quarry material is to be removed and sold
or otherwise disposed of, then a separate permit shall be obtained from the
Department of Natural Resources, Mineral Lands Division, for the removal
of quarry materials. A copy of the Town's permit must be forwarded to the
Mineral Lands Division.
(2)
A site development quarry under this section is permitted wherever the use
that this quarry is associated with is permitted.
(3)
A quarry permit issued under this section shall only be valid for a period of
one year or the term of the site development, whichever is the lesser.
However, if the Town feels that it is warranted, the permit may be renewed
for additional one-year periods up to a maximum of three years from the date
of the issuance of the first permit
(4)
When the work is completed, the area affected shall be suitably landscaped
and drained in accordance with a plan approved by the Town.
Town of Victoria
Development Regulations 2010
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PARTJJ - GENERAL DEVELOPMENT STANDARDS
(5)
If the site work is extensive, the Town may require the deposit of surety in
accordance with Regulation 14(3) that shall be returned to the developer
upon satisfactory completion of the work.
70.
Site Development - Slope Greater than 15 Percent or 20 Percent
(1)
Before approving development and/or subdivision of a site having a slope
greater than 15 percent up to 20 percent, the Town may require the
submission of a review of the development proposal by a certified planner,
engineer, landscape architect or similar professional. The review shall
evaluate the adequacy of site grading, drainage and landscaping and storm
water management and the potential of the development to cause erosion
onto and pollution of adjacent development and lands and bodies of water
receiving run-off from the site, and other similar matters.
(2)
No development shall be permitted on a slope greater 20 percent unless it
is a non-building use or public service or utility.
71.
Street Construction Standards
A new street may not be constructed except in accordance with the design and
specifications laid down by the Town.
72.
Subsidiary Apartments
Subsidiary apartments can be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be considered part of
the self-contained dwelling.
73.
Subsidiary Dwelling
See also Regulation 30 - Accessory Buildings - Dwellings.
A subsidiary dwelling is permitted in the rear yard of a single dwelling in a building
separate from the single dwelling, subject to the following requirements:
a)
the subsidiary dwelling is located in the rear yard of the single dwelling;
b)
fire and other safety issues are properly addressed in the location, access
and design of the subsidiary dwelling, and this may entail the provision of a
completely unobstructed side yard wide enough to provide access for
emergencies which is greater than the minimum side yard for single
dwellings in this zone;
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PART II - GENERAL DEVELOPMENT STANDARDS
c)
unless it is only used as a separate sleeping quarters, the subsidiary
dwelling shall be connected to municipal water and sewer services;
d)
the maximum floor area shall be 60 square metres;
e)
the minimum distance from the side and rear property boundaries is 3
metres, except that on a corner lot, the side yard shall be the same as that
set out for a single dwelling in Schedule C;
f)
maximum height is 6 metres;
g)
the lot coverage of all buildings on the lot does not exceed 33 percent.
74.
Trail Corridors
(1)
As a condition of an Approval in Principle or Development Permit the Town
can require that a trail or transportation corridor be deeded to the Town or
a non-profit group approved by the Town.
(2)
Wherever space and terrain characteristics allow, the appearance and use
of existing and new trails will be protected by natural buffers to separate the
trail from other forms of development, hazardous areas, and areas subject
to erosion such as the banks of rivers and streams.
(3)
The minimum width of a trail corridor, including the buffer area, will be 30
metres or approximately 15 metres on either side of the centre line of the
trail. However, the width of a trail corridor can be reduced where the area
adjacent the trail is already developed, or, where the Town deems that the
corridor can be narrower due to space limitations, site conditions, ownership,
or other pertinent factors.
(4)
For a trail to be eligible for protection it must be delineated on the Land Use
Zoning Maps, approved as a designated trail corridor by resolution of
Council, and/or included as a part of a subdivision or development plan that
is approved by the Town.
(5)
The proposed designation of any new trail corridor by the Town shall be
advertised and an opportunity provided for public input before the trail is
designated and approved by the Town.
(6)
Within a trail corridor only accessory recreational uses, conservation, public
services and utilities, streets and recreational open space shall be allowed.
Also, access to properties may be allowed.
Town of V'fctoria
Development Regulations 2010
75.
Unserviced Development
Page 32
PART ll- GENERAL DEVELOPMENT STANDARDS
Development lacking one or both of municipal water and sewer services shall be
approved by the Department of Government Services and/or other appropriate
agencies before a permit is issued by the Town.
76.
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is
reserved to satisfy the yard and other allowances called for in the Use Zone in
which it is located and the allowances shall be retained when the adjacent land is
developed.
77.
Waterways and Wetlands, Big Brook (Salmon Cove River)
(1)
Development within waterways and wetlands is subject to this Regulation
and all relevant provincial and federal policies and statutes, including
Department of Environment and Conservation Policy Directives W.R. 97-1,
Development in Shorewater Zones and 97-2, Development in Wetlands.
Where there is a conflict between the Policy Directives and this Regulation,
the more restrictive standards shall apply.
(2)
The minimum width of a buffer along a waterway or wetland shall be 15
metres from the highwater mark, or 1 in 100 year flood zone or boundary of
the Designated Floodway Zone, of the stream, river, pond or other body of
water or wetland.
(3)
If the toe of an embankment with an average slope of 30% or more lies
within 15 m of the highwater mark, or 1 in 100 year flood zone of the
waterway, then the buffer shall be measured from the top of the
embankment.
(4)
Subject to the approval of the Department of Environment and Conservation
and the Town, the only uses that can be permitted in the buffer area of a
waterway are roads, driveways, public services and utilities, recreational
open space and trails and uses requiring direct access to a body of water,
such as wharves and docks and other marine related uses.
(5)
Development, and this includes placing fill or other materials, within a
waterway and the buffer area of a waterway is subject to the approval of the
Town, the Provincial Government, and where necessary, the Government of
Canada.
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Development Regulations 2010
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PART II - GENERAL DEVELOPMENT STANDARDS
(6)
The Town or the Provincial Government may subject development within the
buffer area of a watercourse to an environmental review, and may approve.
approve subject to conditions, or refuse such development. The matter of
adequate and usable legal public access to the waterway shall be a
consideration in the review of an application for a structure within a buffer
and/or waterway.
(7)
Any development within a body of water or involving the alteration of a body
of water must be approved by or exempted by the Department of
Environment and Conservation for Crown Lands and referrals, Coast Guard
Canada of the Department of Fisheries and Oceans - Navigable Waters Act,
Fish Habitat Division of the Department of Fisheries and Oceans and/or, the
Water Resources Division of the Department of Environment and
Conservation before a permit is issued by the Town.
Development within a buffer is subject to the approval of the Water
Resources Management Division of the Department of Environment and
Conservation, Department of Fisheries and Oceans Canada and where
applicable, the Government Service Centre of the Department of
Government Services.
(8)
Big Brook (Salmon Cove River) - Any activity that has the potential to affect
fish habitat, and any development within 100 metres of the Big Brook shall
be forwarded to Fisheries and Oceans Canada for review.
(9)
Wetlands can only be developed in such a way as to minimize damage and
impacts on the hydrology and environment of the area.
( 10)
Any development within a wetland or the buffer of a wetland shall require the
approval of the Minister of Environment and Conservation as well as the
Town whether or not that wetland is zoned Environmental Protection under
the Development Regulations.
(11)
If a waterway or wetland is deemed to be minor, wherever possible such
waterways and wetlands shall remain undeveloped and protected by a
buffer. If a site is to be developed, alternatives to covering over or eliminating
such waterways and wetlands shall be explored, including relocation of the
waterway or wetland and/or redesign of the development.
a)
A minor waterway is defined as being a drainage course, an
intermittent stream which does not carry significant storm flows and/or
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Development Regulations 2010
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PART lf - GENERAL DEVELOPMENT STANDARDS
a stream which is not a fish habitat.
b)
A minor wetland is defined as a wetland less than 5,000 metres in
area not associated with a waterway and not deemed have a role in
water management, wildlife habitat or the conservation of an
environmentally sensitive area.
78.
Windmills, Wind Turbines, Alternate Energy Sources
Wind mills, wind turbines, wind farms and other energy forms, including solar based
and small hydro generating facilities
"Utilities" in Schedule B - and associated
facilities and services are subject to the conditions set out below.
Utilities are subject to the approval of relevant provincial and federal departments
and agencies and public utilities, including the Mines and Energy Division of the
Department of Natural Resources, and Transport Canada. The design and location
of such utilities shall take into consideration their impact on nearby land uses and
persons, the environment and archaeological resources within the Town, along with
other matters that the Town may deem to be significant. Wind mills utilities within
the built-up areas are limited to single wind mills or wind turbines designed to serve
particular properties.
To prevent damage to persons and properties due to the failure of a windmill or any
of its components or the shedding of ice, the Town shall ensure that there is
adequate separation distance between the windmill and nearby structures and
properties.
Unless specifically exempted by the relevant agencies, the design, construction and
location of a utility shall be certified by a professional engineer who has consulted
with the required agencies.
Town of Victoria
Development Regulations 2010
Page 35
PART JJJ - SUBDIVISION OF LAND
PART Ill - SUBDIVISION OF LAND
79.
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from the Town.
80.
Building Permits Required
Notwithstanding the approval of a subdivision by the Town, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until
the developer has complied with all the provisions of these Regulations with respect
to the development of the subdivision.
81.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Land Zoning Maps.
82.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, 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, the Town
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:
I)
community facilities:
m)
energy conservation;
n)
such other matters as may affect the proposed development
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PART 111 - SUBDIVISION OF LAND
83.
Approval in Principle, Concept Plan and Final Plan
(1)
Where there is a larger subdivision of land and/or subdivision of land
entailing the construction of new roads, the Town must grant Approval in
Principle (Part I, Regulation 20) for a concept plan and the arrangements for
construction guarantees before the developer can proceed to the preparation
of construction (final) drawings and a permit is issued for the subdivision.
(2)
The concept plan shall contain the following:
a)
a legal survey of the land included within the subdivision;
b)
a detailed description of the types and standards of development and
services proposed for the subdivision;
c)
the layout of roads, lots, open spaces and other pertinent features of
the development;
d)
the phasing of the development;
e)
the estimated cost of the works in the development by phase as
certified by a professional engineer and verified by the Town's
Engineer.
Upon approval of the Concept Plan the Final Plan (construction drawings and final
lot and road layout, costings for the design and construction of works, etc.) shall be
prepared and approved by the Town and other relevant agencies before
construction is allowed to proceed.
84.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials
and labour for the construction and installation of all works calculated in accordance
with the Schedule of Fees recommended by Professional Engineers and
Geoscientists Newfoundland and Labrador and in effect at the time the work is
carried out.
85.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has
been reached forthe payment of all fees levied by the Town for connection to public
services, public utilities and streets deemed necessary for the proper development
of the subdivision, and all service levies and other charges imposed under these
Regulations.
Town of Victoria
Development Regulations 20 JO
Page 37
PART III - SUBDIVISION OF LAND
86.
Construction and Town Engineer Costs Guarantees
Construction Guarantees - The developer shall deposit with the Town a cash
equivalent surety before the commencement of any phase of the development
sufficient to cover:
a)
the estimated cost of the Town's Engineer for supervision and inspections,
etc. before the commencement of each phase of the development;
b)
40% of the cost of the completion of any phase of the development - which
shall be returned to the developer with accrued interest upon satisfactory
completion (full completion of roads and services, etc. to the Town's
specifications as certified by the Town's Engineer of the phase.
87.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town 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.
88.
Building Lines
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
89.
Land for Park Land or Other Public Use
(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 park land or other public
use, provided that:
a)
where land is subdivided for any purpose other than residential use,
the Town shall determine the percentage of land to be dedicated;
b)
if, in the opinion of the Town, no public open space is required, the
land may be used for such other public use as the Town 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 Town but in
any case, the Town shall not accept land which, in its opinion is
incapable of development for any purpose;
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PART III - SUBDIVISION OF LAND
d)
the Town 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 the Town in accordance with this Regulation shall
be reserved by the Town for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2)
Land dedicated for park land or other public use in accordance with this
Regulation shall be conveyed to the Town and may be sold or leased by the
Town 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 develop-
ment of any other land for the purposes of park land or other public use.
(3)
The Town 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 the Town, constitute the requirement of land for park land
or other public use under Clause (1) of this Regulation.
(4)
Any land that is zoned or otherwise set aside for environmental protection,
storm water management, public services and utilities or similar purposes
shall be in addition to the requirement of land for park land or other public
use under Clause (1) of this Regulation unless otherwise determined by the
Town.
90.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall
receive the prior approval of the Town which shall be satisfied on the question of
safe construction and relationship to the adjoining buildings and other structures
within the street reservation.
91.
Subdivision Design Standards
(1)
The standard for the design and construction of all work related to
Subdivision development shall be the Government of Newfoundland and
Labrador Municipal Water, Sewer, and Roads Specifications.
(2)
Except as otherwise adopted by the Town, no permit shall be issued for the
development of a subdivision under these Regulations unless the design of
the subdivision conforms to the standards below.
Town of-Victoria
Development Regulations 2010
Page 39
PART Ill - SUBDIVISION OF LAND
a)
The finished grade of streets shall not exceed 1 O percent.
b)
Every cul de sac shall be provided with a turning circle of a diameter
of not less than 30 m.
c)
The maximum length of any cul de sac shall be 300 metres. Where
a road loops back to itself, such as in a P loop, the distance is
measured to the start of the loop. See also clause d).
d)
After review by the Town's Fire Chief, the length of a cul de sac may
be extended beyond 300 metres, prov"1ded that the Town is satisfied
that this will not create additional fire or other hazard risks or unduly
increase maintenance costs.
e)
No cul de sac shall be located so as to appear to terminate a collector
street.
f)
New subdivisions shall have street connections with an existing street
or streets.
g)
All street intersections shall be constructed within 5 ° of a right angle
and this alignment shall be maintained for 30 m from the intersection.
h)
No street intersection shall be closer than 60 m to any other street
intersect"lon.
i)
No more than four streets shall join at any street intersection.
j)
Streets in residential subdivisions shall be conform to the following
minimum standards:
i)
ii)
iii)
Arterial Street
Reservation (minimum)
Pavement Width (minimum)
Walkways
Collector Street
Reservation (minimum)
Pavement Width (minimum)
Walkways
Local Street
Reservation (minimum)
30 metres
15 metres
See clause k)
15 metres
9 metres
See clause k)
15 metres
Town (J/' Victoria
Development Regulations 2010
Page40
PART !ll -SUBDJVJSION OF LAND
Pavement Width (minimum)
Walkways
7 metres
See clause k).
k)
Walkways - clearly identified adequate pedestrian and/or bicycle
access shall be provided along all roads.
I)
The Town may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
m)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
n)
Where there is potential for additional development, a road reserve
of 15 metres shall be provided along the entire length of a cul de sac.
92.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications 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 the Town 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 the Town, be incorporated in the plan
of subdivision.
(2)
Upon approval by the Town 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 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 the Town to
service the said area.
93.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town before approval of his
application, an amount estimated by the Engineer as reasonably sufficient to cover
the cost of construction and installation of the works. In the later stage of the work
of development, the Town shall call for tenders for the work of construction and
Town of Victoria
Development Regulations 2010
Page 41
PART III - SUBDIVISION OF LAND
installation of the works, and the amount so deposited by the developer shall be
applied towards payment of the contract cost. If the contract cost exceeds the
deposit, the developer shall pay to the Town the amount of the excess. If the
contract price is less than the deposit, the Town shall refund the amount by which
the deposit exceeds the contract price. Any amount so deposited with the Town by
the developer shall be placed in a separate savings account in a bank and all
interest earned thereon shall be credited to the developer.
94.
Transfer of Streets and Utilities to Town
(1)
The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, and
clear of all liens and encumbrances:
a)
all lands in the area proposed to be developed or subdivided which
are approved and designated by the Town for public uses as streets,
or other 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 the Town.
(2)
Before the Town 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 his
satisfaction with their installation.
(3)
The Town 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 the Town.
95.
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 the Town 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.
Town of Victoria
Development Regulations 2010
96.
Grouping of Buildings and Landscaping
Page 42
PART Ill - SUBDIVISION OF LAND
(1)
Each plan of subdivision shall make provision for the grouping of building
types and for landscaping in order to enhance the visual aspects of the
completed development and to make the most use of existing topography
and vegetation.
(2)
Building groupings, once approved by the Town, shall not be changed
without written application to and subsequent approval of the Town.
97.
Subdivision Policy and Agreement
The Town may adopt a Subdivision Policy which enables the Town to establish
detailed procedures and standards for subdivision development, and furthermore
specify the requirements for subdivision agreements.
A Subdivision Agreement may be made a requirement for a subdivision
development, and this agreement between the Town and the Developer may set out
in detail the rights and obligations of the Developer and the Town.
Town of Victoria
Development Regulations 2010
98.
Use Zones
PART IV· USE ZONES
Page 43
PART JV - USE ZONES
(1)
For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of
these Regulations.
(2)
Subject to Regulation 98(3), the permitted use classes, discretionary use
classes, standards, requirements and conditions applicable to each Use
Zone are set out in the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are
not set out in the Use Zone Tables in Schedule C, the Town may in its
discretion, determine the standards, requirements and conditions which shall
apply.
99.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables
in Schedule C shall be determined by the Town in accordance with the classification
and examples set out in Schedule B.
100.
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in Schedule C shall be permitted by the
Town in that Use Zone.
101.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes
set out in the appropriate Use Zone Table in Schedule C may be permitted in that
Use Zone if the Town 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 the
Town has given notice of the application in accordance with Regulation 23 and has
considered any objections or representations which may have been received on the
matter.
Town of Victoria
Development Regulations 2010
102. Uses Not Permitted - Prohibited Uses
Page44
PART IV- USE ZONES
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes
set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted
in that Use Zone and are deemed to be prohibited uses.
Town of' Victoria
Development Regulations 2010
SCHEDULE A
DEFINITIONS
Page45
SCHEDULE A DEF!NJTJONS
A definition marked with an asterix is also included in the Urban and Rural Planning
Act and/or in the Ministerial Development Regulations. Where there is a conflict, the
Act or Ministerial Development Regulations prevail.
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 which 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, vegetables storage cellars, shelters for
domestic pets, or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
in the case of industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the 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 indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part
for the purposes of advertisement, announcement or direction; excluding such things
employed wholly as a memorial, or functional advertisement of Councils, or other local
authorities, public utilities and public transport undertakers, and including any boarding or
similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, 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, osier 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. "Agricultural" shall be construed accordingly.
Town of Victoria
Development Regulations 2010
Page46
SCHEDULE A - DEFIN1110NS
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling.
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.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on
the Zoning Map.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for
paid temporary accommodation for up to sixteen (16) overnight guests that may include
a dining room for the use of overnight guests and their invitees. The establishment must
be registered with and receive a rating from Canada Select and also must be approved by
the Provincial Department of Tourism, Culture and Recreation as a Bed and Breakfast
operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
Town of Victoria
Page 47
SCHEDULE A DEFINITIONS
Development Regulations 2010
BUILDING* means
(i)
a structure, erection, alteration or improvement placed on, overor 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 (ii).
BUILDING HEIGHT* means the vertical distance, measured in metres,
from the
established grade to:
and
(i)
the highest point of the roof surface of a flat roof
Flat Roof
(ii)
the deck line of a mansard roof
MansQrd Roof
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel
roof,
101vn o,f ~'ictoria
Development Regulations 2010
Gable Roof
Simple Hip Roof
Page48
SCHEDULE A DEFINITIONS
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a 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 building may be placed.
Town of Victoria
Development Regulations 2010
Page 49
SCHEDULE A - DEFINITIONS
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets and which is designated as a collector street in the Municipal Plan, or on the Zoning
Map.
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 Day Nurseries Act, but does not include a school as
defined by the Schools Act.
DEVELOPMENT* means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or
the intensity of use of any land, buildings, or premises and without limiting the generality
of the foregoing, shall specifically include:
(i)
the making of an access onto a highway, road or way;
(ii)
the erection of an advertisement or sign;
(iii)
construction of a building;
(iv)
parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation,
for any period of time;
and shall exclude:
(v)
the carrying out of works for the maintenance, improvement or other
alteration or any 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)
the carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land
within the boundaries of the road reservation;
(vii)
the carrying out by any local authority or statutory undertakers of any works
for the purpose of inspecting, repairing or renewing any sewers, mains,
pipes, cables or other apparatus, including the breaking open of any street
or other land for that purpose; and
(viii)
use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
Town of Victoria
Development Regulations 20 lO
Page50
SCHEDULE A - DEFINITIONS
DEVELOPMENT REGULATIONS* means regulations made under sections 34 to 38 (of
the Act).
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.
DOUBLE DWELLING 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 UNIT means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
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 any artificial embankment or entrenchment.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group Homes",
"Halfway House", and "Foster Home''.
FLANKING ROAD means a road running along the side of a lot located at the intersection
of two streets - that is, a corner lot.
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.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front
wall of the main building on the lot.
Town of Victoria
Development Regulations 2010
Page 51
SCHEDULE A - DEFINITIONS
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall
be construed accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent characteristics,
constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by
at least one of the residents of the dwelling to conduct a gainful occupation or business
activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town or
by any federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
a)
are involuntarily detained, or detained for penal or correctional purposes, or
whose liberty is restricted, or;
b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
LAND* includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the 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.
LOCAL STREET means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street or arterial street in the Municipal Plan, or
on the Zoning Map.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
Town of Victoria
Development Regulations 20 /0
Page 52
SCHEDULE A - DEF1NJTIONS
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 buildings on the 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.
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, with or without a club house and catering
facilities. It can also include a fishing stage or shed associated with a dock or wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
takes the form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
a)
which complies with space standards substantially equal to those laid down
in the Canadian Code for Residential Construction and is in accordance with
the construction standards laid down and all other applicable Provincial and
Municipal Codes and;
b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and
subsequently supported on its own wheels, jacks, posts or piers, or on
a permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for such
mobile home unit to be suitable for year round term occupancy.
MOBILE HOME PARK means a mobile home development under single or joint
ownership, cared for and controlled by a mobile home park operator where individual
Town of Victoria
Development Regulations 2010
Page53
SCHEDULE A - DEFINITIONS
mobile home lots are rented or leased with or without mobile home units placed on them
and where ownership and responsibility for the maintenance and development of site
facilities including underground services, access roads, communal areas, snowclearing and
garbage collection, or any of them, are the responsibility of the mobile home park
management, and where the mobile home development is classified as a mobile home
park by the Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or parcels
of land for the purpose of locating thereon mobile home units under either freehold or
leasehold tenure and where the maintenance of streets and services is the responsibility
of a municipality or public authority, and where the mobile home development is classified
as a mobile home subdivision by the Town.
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.
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.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PROHIBITED USE* means a use that is not listed within the permitted use classes set out
in the use zone tables of an authority's development regulations.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of
the main building on the lot.
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.
ROW DWELLING means a dwelling containing three or more dwelling units at ground level
in one building, each unit separated vertically from the others.
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.
Town of Victoria
Development Regulations 2010
Page54
SCHEDULE A - DEFINITIONS
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.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
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 of retail services but does not include an establishment wherein the
primary purpose is the serving of meals or refreshments, an amusement use, a general
garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum of
5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side lot line and the nearest side
wall of a building on the lot. See also Building Line and Yard.
SIGN* 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.
STREET* means a street, road or 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.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership, into
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
Town of Victoria
Development Regulations 2010
Page 55
SCHEDULE A - DEFINITIONS
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TAVERN: includes a nightclub and means a building licensed or licensable under the
Liquor Control Act wherein meals and food may be served for consumption on the
premises and in which entertainment may be provided.
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.
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.
WETLAND means an area which is saturated by surface or ground water sufficient to
support, and which under normal circumstances supports a prevalence of vegetation
typically adapted for life in the saturated soil conditions, and includes swamps, marshes,
bogs, fens and similar areas.
YARD means an open uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically permitted elsewhere in
these Regulations.
ZONING MAP* means the map or maps attached to and forming part of the Regulations.
Town of Victoria
Development Regulations 2010
Page56
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
Protection
Police and Fire Stations
ASS EMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential}
ASS EMBLY USES
Place of Worship
Churches and similar places
of worship, Church Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars, Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games Arcades,
Pinball Parlours, Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
Town of Victoria
Development Regulations 20 IO
Page 57
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and Fair-
grounds, Exhibition
Grounds, Drive-in Theatres
ASSEMBLY USES
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
INSTITUTIONAL
Penal and Correctional
Jails, Penitentiaries, Police
USES
Detention
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals (with
detention quarters),
Reformatories
INSTITUTIONAL
Medical Treatment and Special
Children's Homes,
USES
Care
Convalescent Homes
Homes for Aged, Hospitals,
Infirmaries
RESIDENTIAL
Single Dwelling
Single Detached Dwellings,
USES
Family & Group Homes
RESIDENTIAL
Double Dwelling
Semi-detached Dwelling,
USES
Duplex Dwellings, Family &
Group Homes
RESIDENTIAL
Row Dwelling
Row Houses, Town Houses,
USES
Family & Group Homes
RESIDENTIAL
Apartment Building
Apartments, Family & Group
USES
Homes
Town of Victoria
Development Regulations 20 I()
Page 58
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLE
RESIDENTIAL
Collective Residential
Residential Colleges &
Schools, University &
College Halls of Residence,
Convents & Monasteries,
Nurses and Hospital
Residences
RESIDENTIAL
Boarding House Residential
Boarding Houses, Lodging
and/or Bed and Breakfast
Houses, Bed and Breakfast
RESIDENTIAL
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL
Mobile Homes
Mobile Homes
BUSINESS &
Office
Offices (including
PERSONAL
Government Offices), Banks
SERVICE
BUSINESS &
Medical and Professional
Medical Offices and
PERSONAL
Consulting Rooms,
SERVICE
Dental Offices & Surgeries,
Legal Offices & Similar
Professional Offices
BUSINESS &
Personal Service
Barbers, Hairdressers,
PERSONAL
Beauty Parlours, Small
SERVICE
Appliance Repairs
BUSINESS &
General Service
Self-service Laundries, Dry
PERSONAL
Cleaners (not using
SERVICE
flammable or explosive
substances), Small Tool and
Appliance Rentals, Travel
Agents
Town of Victoria
Development Regulations 2010
Page 59
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
BUSINESS &
Communications
Radio Stations, Telephone
PERSONAL
Exchanges
SERVICE
BUSINESS &
Police Station
Police Stations without
PERSONAL
detention quarters
SERVICE
BUSINESS &
Taxi Stand
Taxi Stands
PERSONAL
SERVICE
BUSINESS &
Take-out Food Service
Take-out Food Service
PERSONAL
SERVICE
BUSINESS &
Veterinary
Veterinary Surgeries
PERSONAL
SERVICE
MERCANTILE
Shopping Centre
Shopping Centres
MERCANTILE
Shop
Retail Shops and Stores and
Showrooms, Department
Stores
MERCANTILE
Indoor Market
Market Halls, Auction Halls
MERCANTILE
Outdoor Market
Market Grounds, Animal
Markets, Produce and Fruit
Stands, Fish Stalls
MERCANTILE
Convenience Store
Confectionary Stores,
Corner Stores, Gift Shops,
Specialty Shops
Toi-vn of Victoria
Development Regulations 2010
Page 60
SCHEDULE B CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
INDUSTRIAL
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants, Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish,
and Rubber Factories, Spray
Painting
INDUSTRIAL
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
INDUSTRIAL
Service Station
Gasoline Service Stations,
Gas Bars
INDUSTRIAL
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING
Forestry
Tree Nurseries, Silviculture
NON-BUILDING
Mineral Exploration
Mineral Exploration
NON-BUILDING
Mineral Working
Quarries, Pits
NON-BUILDING
Mining
Mining, Oil Wells
Town of Victoria
Development Regulations 2010
Page 61
SCHEDULt:: B - CLASSJF/CA TION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
NON-BUILDING
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds, Recreational
Trails
NON-BUILDING
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic Sites,
Steep Slopes, Wildlife
Sanctuaries
NON-BUILDING
Cemetery
Cemeteries, Graveyards
NON-BUILDING
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill,
Incinerators, Transfer Site
NON-BUILDING
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING
Antenna
TV, Radio and
USES
Communications
Transmitting and Receiving
Masts and Antennae
NON-BUILDING
Utilities
Wind Mills and other energy
sources, related facilities
NON-BUILDING
Transportation
Airfields, Harbours, Boat
House, Fishing Stage,
Marinas
Town of Victoria
Page 62
SCHEDULEC
Development Regulations 2010
NOTE:
SCHEDULE C
USE ZONE TABLES
This schedule contains tables showing the use classes which may be
permitted or which may be treated as discretionary use classes for the pur-
pose of these Regulations. The tables also indicate the required standards
of development and may also include conditions affecting some or all of the
use classes.
The schedule contains tables for the following Use Zones:
Residential (RES)
Mixed Development (MD)
Heritage (HZ)
Open Space Recreation (OSR)
Rural (RU)
Designated Floodway (DF)
Historic Flood Zone (HF)
Environmental Protection (EP)
Protected Public Water Supply (PPWS)
Town of Victoria
Development Regulations 2010
Page 63
SCHEDULE C - RES ZONE
USE ZONE TABLE
RESIDENTIAL (RES) ZONE
Municipal Services - Permitted Use Classes (see Regulation 100):
Conservation, Recreational Open Space, Single Dwelling.
Unserviced and Semi-Serviced Development -
Permitted Use Classes (see
Regulation 100):
Conservation, Mobile Homes, Recreational Open Space, Single Dwelling.
Municipal Services
Discretionary Use Classes (see Regulations 23 and 101 ):
Agriculture, Antenna, Apartment Building, Bed and Breakfast, Boarding House,
Cemetery, Child Care, Cultural and Civic, Double Dwelling, Educational, Forestry,
Medical Treatment and Special Care, Mobile Home, Place of Worship
Unserviced and Semi-Serviced Development -
Discretionary Use Classes (see
Regulations 23 and 101 ):
Agriculture, Antenna, Child Care.
Dwellings
Apartment Building - Bedrooms
Requirements -
Single
Double
Row
1
2
3
4+
Municipal
&
Services
Mobile
Home-
*
Lot Area ( m2) -
450
390*
350*
200*
250*
280*
300*
minimum
(avg.)
Floor Area ( m2)
80**
80*
65*
40*
50*
60*
70*
-minimum
Frontage (m)
15
26
12*
36
minimum
(avg.)
Town of Victoria
Development Regulations 2010
Building Line
6
6
8
Setback ( m) -
minimum
Sideyard Width
1
1
1
(m) - minimum
Sideyard Width -
6
6
8
Flanking Road
(m) - minimum
Rearyard Depth
9
9
9
(m) - minimum
Lot Coverage -
33
33
33
all buildings
combined(%) -
minimum
Height (m)-
8
8
10
maximum
* Per Dwelling Unit
** There is no minimum floor area for a mobile home
Page 64
SCHEDULE C- RES ZONE
8
5
8
14
33
10
CONDITIONS FOR THE RESIDENTIAL ZONE
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, Ill and IV
and Schedules A,
B and D, must be considered when reviewing an application for
development and/or a subdivision.
1.
Municipal Services
All development in this Zone shall be connected to municipal water and sewer
services unless otherwise approved by the Town in which instance Conditions 2, 3,
4 and 5 shall apply and the approval of the Department of Government Services is
required.
2.
Development Standards
Lot area (minimum) ............................ see Conditions 3, 4 and 5
Frontage (minimum) ............................ see Conditions 3, 4 and 5
Building Line Setback (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 m
Side Yard Width (minimum) ....................................... 5 m
Side Yard Width Flanking Road (minimum) . . . . . . . . . . . . . . . . . . . . . . . . .
m
Town of Victoria
Development Regulations 2010
Page 65
SCHEDULE C - RES ZONE
Rear Yard Depth (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 m
Lot Coverage (maximum -
all buildings combined) ................... 33%
3.
Lot Area and Frontage - Unserviced Development
Where the development lacks municipal water and sewer services (unserviced) the
minimum lot size is as determined by the Department of Government Services or
1860 m'. whichever is greater.
The minimum lot frontage shall be as determined by the Department of Government
of Services or 30 metres minimum, whichever is greater.
4.
Lot Area and Frontage - Semi-serviced Development
For semi-serviced building lots (lots where water or sewage disposal services will
be provided off-site), a minimum lot size of 1,400 m2 is required. A minimum
frontage of 23 metres is required throughout the entire area in which the absorption
field (distribution box to end of absorption trenches) is to be installed. The area must
be sufficient to accommodate the septic system while maintaining separation
distances and have sufficient space for the installation of a replacement system.
5.
Infilling Adjustment - Lot Area and Frontage- Unserviced and Semi-serviced
Development
Where unserviced or semi-serviced land is surrounded by development which
prohibits expansion and where approval cannot be awarded because the proposed
lot size does not comply with the minimum lot size and width requirements, the
requirements to literal conformity may be adjusted if:
a)
the adjustment amounts to no more than a twenty percent (20%) reduction
in the requirements:
b)
the adjustment is not contrary to the general intent and purpose of the policy
and procedure as set out in the Private Sewage Disposal and Water Supply
Standards;
c)
the application of the adjustment would not interfere with the maintenance
of required distance separations and sewage system dimensions;
d)
the application of the adjustment would not undermine the quality of adjacent
property or pose a hazard to human health;
Town of Victoria
Development Regulations 2010
Page 66
SCHEDULE C- RES ZONE
e)
the application of the adjustment is related to the specific property and is not
general to land within the area:
f)
the particular practical difficulties for the owner or developer are
distinguishable from a mere inconvenience or desire to acquire monetary
gain.
6.
Commercial and Public, Agriculture and Other Non-Residential Development
Commercial, industrial, public, institutional and other non-residential development
shall be designed and located in such a way as to be compatible with residential
development in the general vicinity of the development in accordance with the
requirements established by the Town. Agriculture is limited to greenhouses and the
growing of plants.
7.
Home Business Accessory Use
Subject to Regulations 32 and 54 Home Business Accessory Use may only be
permitted at the discretion of the Town.
8.
Subsidiary Apartment
See Regulations 32 and 72.
9.
Subsidiary Dwelling
See Regulations 32 and 73.
Town qf Victoria
Development Regulations 2010
Page 67
SCHEDULE C- MD ZONE
USE ZONE TABLE
MIXED DEVELOPMENT (MD) ZONE
ZONE TITLE
MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES - (see Regulation 100)
Apartment Building, Bed and Breakfast and Boarding House, Child Care, Conservation,
Double Dwelling, Recreational Open Space, Row Dwelling, Single Dwelling
DISCRETIONARY USE CLASSES (see Regulations 23 and 101)
Agriculture, Antenna, Campground, Catering, Cemetery, Club and Lodge, Collective
Residential, Commercial-Residential (eg. hotel, motel, inn), Communications,
Convenience Store, Cultural and Civic, Educational, Fire Station, General Assembly.
General Service, Indoor Assembly, Light Industry, Medical and Professional, Medical
Treatment and Special Care, Mineral Exploration, Mobile Home, Office, Outdoor
Assembly, Passenger Assembly, Personal Services, Place of Worship, Police Station,
Service Station Shoo. Take-out Food Service. Taxi Stand and Transoortation
CONDITIONS FOR THE MIXED DEVELOPMENT ZONE
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, Ill and IV
and Schedules A,
B and D must be considered when reviewing an application for
development and/or a subdivision.
1.
Municipal Services
All development in this Zone shall be connected to municipal water and sewer
services unless otherwise approved by the Town in which instance the requirements
of the Residential Zone, Conditions 1, 2, 3 and 4 shall apply and the approval of the
Department of Government Services is required.
2.
Development Standards - Residential Uses
Residential Development, including Subsidiary Apartments and Dwellings shall
comply with the requirements of the Residential Zone.
3.
Development Standards - Non-Residential Uses
Lot area (minimum) ........................... as determined by the Town
Frontage (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . as determined by the Town
Town of Victoria
Development Regulations 20 I 0
Page 68
SCHEDULE C- MD ZONE
Building Line Setback (minimum) ..................................... .
8 m or as required by the Department of Transportation and Works, whichever is
greater
Side Yard Width (minimum) ....................................... 5 m
Side Yard Width Flanking Road (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . 8 m
Rear Yard Depth (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
Building Height (maximum) ...................................... 10 m
4.
Commercial, Public, Agriculture and Other Non-Residential Development
(1)
Commercial, industrial, public, institutional and other non-residential
development shall be designed and located in such a way as to be
compatible with residential development in the general vicinity of the
development.
(2)
Areas which are exclusively residential in character shall be particularly
restricted as to the types of non-residential uses permitted. In general only
accessory uses to a residential use, along with recreational open space and
public utilities and services can be permitted in such areas.
(3)
Catering - the Catering Use Class shall be limited to restaurants or similar
facilities and shall not include bars, lounges and taverns.
(4)
Agriculture is limited to greenhouses and the growing of plants.
5.
Home Business Accessory Use
Subject to Regulations 32 and 54 Home Business Accessory Use may only be
permitted at the discretion of the Town.
6.
Outdoor Storage
The Town may permit open storage of materials, goods and machinery associated
with a permitted use provided the open storage is not located in front of the building
and the storage area is fenced or otherwise screened from view.
Scrap, scrapped vehicles, machinery parts, oil drums and tanks and so forth shall
not be allowed in outdoor storage areas.
7.
Subsidiary Apartment
See Regulations 32 and 72.
Town of Victoria
Development Regulations 20 I 0
8.
Subsidiary Dwelling
See Regulations 32 and 73.
Page 69
SCHEDULE C- MD ZONE
Town of Victoria
Development Regulations 2010
ZONE TITLE
USE ZONE TABLE
HERITAGE (HZ) ZONE
HERITAGE (HZ)
PERMITTED USE CLASSES - (see Regulation 100)
Page 70
SCHEDULE C - HZ ZONE
Agriculture, Antenna, Campground, Catering, Club and Lodge, Conservation, Cultural
and Civic, Indoor Assembly, Indoor Market, Office, Outdoor Assembly, Outdoor Market,
Office, Recreational Open Space, Shop, Single Dwelling and Theatre.
CONDITIONS FOR THE HERITAGE ZONE
1.
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, Ill
and IV and Schedules A,
B and D must be considered when reviewing an
application for development and/or a subdivision.
2.
Development in this zone shall only be permitted if it is related to the heritage or
culture of the Town and/or if it is part of a development that will enhance tourism in
the Town and is compatible with the nearby heritage related uses.
3.
The development standards are as determined by the Town.
Town of Victoria
Development Regulations 2010
USE ZONE TABLE
Page 71
SCHEDULE C - OSR ZONE
OPEN SPACE RECREATION (OSR) ZONE
ZONE TITLE
OPEN SPACE RECREATION IOSRl
PERMITTED USE CLASSES - (see Regulation 100)
Conservation, Recreational Open Space.
DISCRETIONARY USE CLASSES (see Regulations 23 and 101)
Antenna, General Assembly, Indoor Assembly, Outdoor Assembly.
CONDITIONS FOR THE OPEN SPACE RECREATION ZONE
1.
Including the standards contained in this part, Regulations 1 to 6 and Parts I, 11, Ill
and IV and Schedules A,
B and D must be considered when reviewing an
application for development and/or a subdivision.
2.
The development standards are as determined by the Town.
Town of Vicloria
Development Regulations 2010
ZONE TITLE
USE ZONE TABLE
RURAL (RU) ZONE
Rural IRUl
PERMITTED USE CLASSES - (see Regulation 100)
Page 72
SCHEDULE C- RU ZONE
Agriculture, Conservation, Forestry, Mineral Exploration, Recreational Open Space.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 101)
Animal, Antenna, Campground, Cemetery, General Industry, Light Industry, Mineral
Working, Outdoor Market, Scrap Yard, Seasonal Dwelling, Single Dwelling,
Transportation and Utilities.
CONDITIONS FOR THE RURAL ZONE
Regulations 1to6 and Parts I, II, Ill and IV and Schedules A, Band D must be considered
when reviewing an application for development and/or a subdivision.
1.
General Development Standards
The minimum lot area, frontage and front, rear and side yards shall be as
determined by the Town, subject to the approvals of the Agrifoods Development
Branch and the Forest Resources and Mineral Lands Divisions of the Department
of Natural Resources along with the Government Service Centre. Applications shall
also be referred to other departments and agencies as required.
2.
Other Conditions
(1)
General Industry
a)
General industry shall be restricted to the maintenance and repair of
equipment, processing and storage related to agriculture, forestry or
mineral working uses.
b)
Unless the Town is satisfied that the general industry use will not
create a nuisance and will not adversely affect the amenity of the
surrounding area, the Town shall require the provision of buffering by
the developer to the satisfaction of the Town.
Town of Victoria
Development Regulations 2010
(2)
Scrap Yard
Page 73
SCHEDULE C-RU ZONE
A scrap yard may only be permitted subject to the following conditions:
a)
it does not abut a residential zone or development or open
watercourse or wetland or area proposed for such development;
b)
a screen fence satisfactory to the Town of at least 1.8 metres height
is erected around area used for open storage;
c)
where an existing scrap yard is located within or adjacent a
commercial, residential or institutional area or development, there is
no outdoor storage;
d)
the scrap yard will not create a nuisance or affect the amenities of
nearby uses;
e)
the scrap yard is located at least fifty (50) metres away from a
waterbody or water course.
(3)
Single Dwelling
A single dwelling may only be permitted as an accessory use to a permitted
use. A dwelling is subject to the approval of the Department of Natural
Resources and the Government Service Centre before a permit is issued by
the Town.
(4)
Seasonal Dwelling
A seasonal dwelling may only be permitted at the discretion of the Town
subject to the approval of the Government Service Centre and the
Department of Natural Resources, and provided that the Town is satisfied
that the development will not require the provision of municipal services.
The Town may permit a seasonal residence which does not have frontage
on a public road.
Town of Victoria
Development Regulations 2010
USE ZONE TABLES
Page 74
SCHEDULE C - DF ZONE
DESIGNATED FLOODWAY IDFl ZONE
1'.0NE TITLE
DESIGNATED FLOODWAY (DF)
0ERMITTED USE CLASSES - (see Regulation 100)
Conservation, Structures Related to the Use of Water Resources, Hydraulic Structures.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 101)
Antenna, Recreational Open Space, Transportation (see Condition 5).
CONDITIONS - DESIGNATED FLOODWAY ZONE
1.
Approval of the Minister of Environment and Conservation, Schedule E
Any development within this Zone is subject to the written approval of the Minister
of Environment and Conservation under the Water Resources Act.
See also Schedule E.
2.
Hydraulic Structures
Hydraulic structures are class of structures which includes most hydraulic structures
such as dams, bridges, causeways, dykes, canals etc, are by their own needs and
characteristics constructed in buffer zones and flood plains. However, every effort
must be made to ensure that such structures do not adversely affect the capability
of the body of water to convey flow. In the case of dams, new areas of flooding and
the impact of that flooding must be fully assessed by the proponent.
3.
Structures
A structure in this Zone can only be permitted where:
(a)
the ground floor elevation of the structure is higher than the 1 in 100 year
flood level;
(b)
the structure will not interfere with the flow of water or displace water such
that it creates a worse flooding situation for other properties;
(c)
the structure and the associated utilities have been designed and
constructed in accordance with the approved flood proofing guidelines of the
Department of Environment and Conservation and entrances and exits from
Town of Victoria
Development Regulations 20 I 0
Page 75
SCHEDULE C - DF ZONE
the building can be safely used without hindrance in the event of a flood:
(d)
the proposed use of the facility and site will not involve any storage of
pollutants such as fuels, chemicals, pesticides etc.
Additional conditions may be set out for specific projects and included in a permit
issued under section 48 of the Water Resources Act.
4.
Additions and Modifications to Existing Development
Additions, modifications, enhancements and improvements to existing structures
where there is an increase in the floor area within this Zone, will be assessed for its
impacts on the flood plain before a permit is issued.
5.
Development in the Buffer of the Designated Floodway
Unless otherwise permitted by the Minister of Environment and Conservation and
the Town within 15 metres of a Designated Floodway or a Floodway Fringe as
shown on the Land Use Zoning Maps, the only uses that can be permitted are trails
and accessory uses and minor structures related to marine activities (transportation
use class).
Town ()f Victoria
Development Regulations 2010
ZONE TITLE:
USE ZONE TABLE
HISTORIC FLOOD (HF) ZONE
HISTORIC FLOOD (HF)
PERMITTED USE CLASSES· (see Regulation 100)
Page 76
SCHEDULE C ···HF ZONE
4.ntenna, Conservation, Double Dwelling, Mobile Home, Recreational Open Spaces, Single
Dwelling and Structures Related to the Use of Water Resources, Hydraulic Structures.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 101)
~ransportation.
CONDITIONS - HISTORIC FLOOD ZONE
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, Ill, IV and
Schedules A, Band D must be considered when reviewing an application for development
and/or a subdivision.
1.
Approval of the Minister of Environment and Conservation, Schedule E
Any development within this Zone is subject to the written approval of the Minister
of Environment and Conservation under the Water Resources Act.
See also Schedule E.
2.
Hydraulic Structures
Hydraulic structures are class of structures which includes most hydraulic structures
such as dams, bridges, causeways, dykes, canals etc, are by their own needs and
characteristics constructed in buffer zones and flood plains. However, every effort
must be made to ensure that such structures do not adversely affect the capability
of the body of water to convey flow. In the case of dams, new areas of flooding and
the impact of that flooding must be fully assessed by the proponent.
3.
Structures in the Historic Flood Zone
A structure this Zone can only be permitted where:
a)
the ground floor elevation of the structure is higher than the 1 in 100 year
flood level;
Town of Victoria
Development Regulations 2010
Page 77
SCHEDULE C -- HF ZONE
b)
the structure will not interfere with the flow of water or displace water such
that it creates a worse flooding situation for other properties:
c)
the structure and the associated utilities have been designed and
constructed in accordance with the approved flood proofing guidelines of the
Department of Environment and Conservation and entrances and exits from
the building can be safely used without hindrance in the event of a flood;
d)
the proposed use of the facility and site will not involve any storage of
pollutants such as fuels, chemicals, pesticides etc.
Additional conditions may be set out for specific projects and included in a permit
issued under section 48 of the Water Resources Act.
4.
Additions and Modifications to Existing Development
Additions, modifications, enhancements and improvements to existing structures
where there is an increase in the floor area within this Zone, will be assessed for its
impacts on the flood plain before a permit is issued.
5.
Development Standards - Municipal Water Supply and Sewage Disposal
See Residential Zone.
Town of Victoria
Development Regulations 2010
Page 78
SCHEDULE C - EP ZONE
USE ZONE TABLE
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE
ENVIRONMENTAL PROTECTION
PERMITTED USE CLASSES - (see Regulation 100)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 23 and 101)
Agriculture, Recreational Open Space, Transportation (see Condition 4)
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION ZONE
1.
Minister of Environment and Conservation
All development in this zone is subject to the approval of the Minister of
Environment and Conservation before a permit is issued by the Town.
2.
Parts I, II, Ill and IV and Schedules A, B, and D of the Development
Regulations
Including the standards contained in this part, Regulations 1 to 6 and Parts I, 11, 111,
and IV and Schedules A,
B and D must be considered when reviewing an
application for development and/or a subdivision.
3.
Non-conservation Uses
Non-conservation uses may only be permitted if there are no reasonable
alternatives and if the impacts on the environment are kept to a minimum.
4.
Transportation
Transportation uses are limited to minor structures related to marine activities such
as wharves and docks.
Town of Victoria
Development Regulations 2010
USE ZONE TABLE
Page 79
SCHEDULE C - PPWS ZONE
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE
ZONE TITLE:
PROTECTED PUBLIC WATER SUPPLY
PERMITTED USE CLASSES - (see Regulation 100)
See Conditions.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 101)
See Conditions.
CONDITIONS FOR THE PROTECTED PUBLIC WATER SUPPLY ZONE
1.
General Conditions and Referrals
In addition to any other approvals or requirements by the Town, all development in
this zone shall be subject to the approval of the Minister of Environment and
Conservation.
Conditions 1, 2, 3, 4, and 5 are based upon Department of Environment and
Conservation Policy Directive W.R. 95-01 - Water Resources Division as modified.
(1)
Existing resource development and other activities will be allowed to continue
unless it is established that these are impairing water quality or have
potential to impair water quality.
(2)
The Minister of Environment and Conservation may require proponents of
existing activities, which have potential to impair water quality, to obtain
his/her approval.
(3)
No development shall be carried out in a designated area except in
accordance with this policy.
(4)
No person shall carry out any development in a designated area without
obtaining prior approval in writing from the Minister.
2.
Activities Not Permitted in a Designated Area
Although they may be associated with any one of the Permitted or Discretionary
Uses under any one of the Zone overlays, the following activities shall not be
permitted in the Protected Water Supply:
Town of Victoria
Development Regulations 2010
Page 80
SCHEDULE C-PPWS ZONE
a)
placing, depositing or discharging or permitting the placing, depositing or
discharging into a body of water any sewage, refuse, chemicals, municipal
and industrial wastes or any other material which impairs or has potential to
impair water quality;
b)
using an intake, pond, lake or specified buffer zones for any activity
detrimental to water quality, and not permitted in the Environment Act;
c)
using ice covered water body for transporting logs or wood, riding
skidoos/motor vehicles/all terrain vehicles, leading of animals, or any other
activity, including littering, which impairs or has potential to impair water
quality;
d)
using or operating existing facilities in such a manner that impairs or has
potential to impair water quality;
e)
storage and disposal of pesticides and manure, application of manure and
chemicals in specified buffer zones, extensive land clearing, and peat land
drainage without adequate treatment.
f)
application of herbicides in the right-of-way, and use of chemically treated
utility poles and other related structures; and,
g)
any other storage or disposal facilities that the Minister of Environment and
Conservation considers environmentally unacceptable.
3.
Activities Regulated in a Designated Area
Subject to the other provisions of these Regulations, in this zone no person shall
undertake any of the following activities without obtaining prior written approval from
the Minister of Environment and Conservation and a permit from the Town:
a)
expansion and upgrading of the existing activities, operations or facilities;
b)
land clearing or drainage, construction of access roads, servicing of lands for
subsequent use, or extension and upgrading of existing buildings or facilities;
c)
installation of storm or sanitary sewer pipelines, pipelines for transmission of
water for hydroelectric generation, agriculture uses, or any other purposes;
d)
construction of roads, bridges, culverts, and other stream crossings, and
installation of power and telecommunication transmission lines;
e)
modification to intake structures, pump house, reservoir; and
Town of Victoria
Development Regulations 2010
Page81
SCHEDULE C- PPWS ZONE
f)
any other development or activity which, in the opinion of the Minister of
Environment and Conservation, has caused impairment or has potential to
impair water quality.
4.
Approval Process
(1)
The proponent shall submit a detailed development plan along with maps,
drawings and specifications and other information as required by the Town
and the Minister of Environment and Conservation for approval.
(2)
The Minister of Environment and Conservation may, on the recommendation
of his/her officials, issue a certificate of approval for the proposed
development on such terms and conditions as the Minister considers
necessary to protect waler quality.
(3)
The proponent shall obtain separate approvals from the Minister and
Conservation for all permanent or temporary stream crossings or for
alteration to bodies of water that may be necessary to carry out the approved
development.
(4)
The proponent shall also obtain licences, permits or approvals under other
Acts and Regulations, including the Development Regulations as required
prior to commencing the approved work.
(5)
The proponent of the approved development shall notify the Town by
providing a copy of the approval issued under this policy before commencing
the work.
(6)
The proponent shall maintain adequate liaison and consultation with the
person or authority responsible for the operation and maintenance of the
waterworks during the implementation and operation of the approved work.
(7)
The Minister of Environment and Conservation may require the inspection
of the approved development from time to time by his/her officials to ensure
that the development is carried out in an environmentally acceptable manner
and the proponent is complying with the terms and conditions of the
approval.
(8)
The Minister of Environment and Conservation may require a proponent to
monitor water quality according to a monitoring program approved by the
Minister in order to evaluate the impact of the approved development on
public water supply.
Town of Victoria
Development Regulations 2010
5.
Buffer Zones
Page82
SCHEDULE C PPWS ZONE
The proponents shall provide the following widths of buffer zones along and around
water bodies from the high water mark in a designated area:
Water Body
Width of Buffer Zones
Intake pond or lake
a minimum of 150 metres
River intake
a minimum of 150 metres for a distance
of one kilometre upstream and 100
metres downstream
Main river channel
a minimum of 75 metres
Major tributaries, lakes or ponds
a minimum of 50 metres
Other water bodies
a minimum of 30 metres
No development activity shall be permitted in buffer zones except those that are
intended to promote vegetation.
6.
Forestry
Approvals for woodcutting or other forestry related activities within this zone must
be obtained from the provincial Department of Natural Resources - Forest
Management Unit.
Town of Victoria
Development Regulations 2010
Page83
SCHEDULED -PARKING
SCHEDULED
PARKING AND OFFSTREET LOADING REQUIREMENTS
1.
General
(1)
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 on-street parking of vehicles associated with that building,
structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use
of occupancy shall conform to the standards set out in this Schedule.
(3)
Each parking space, except in the case of single or double-family dwellings,
shall be made accessible by means of a hard surfaced right-of-way at least
3 min width. Parking required in a residential zone shall be provided on the
same lot as the dwelling or dwellings. Parking space for apartments shall be
provided in the rear yard where possible. In a non-residential zone, parking
spaces shall be provided within the limits of the zone in which the use is
situated and not more than 200 m distant from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of
single or double dwellings, be arranged so that it is not necessary for any
vehicle to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted, with parking perpendicular to the curb the minimum
dimensions shall be as follows:
a)
b)
c)
d)
e)
parking stall width -
parking stall length or depth -
aisle width, parking stalls across from each other -
aisle width, other obstruction
driveway width
2.75 metres
5.80 metres
7.30 metres
7.30 metres
7.00 metres.
Where the parking stall is horizontal to the curb, the minimum length of the
stall shall be 7.00 metres, and the minimum aisle width (if applicable) shall
be at least 4 metres, more if deemed necessary by the Town.
For any other parking lot configuration, the requirements shall as be as
specified by the Town, but in no instance shall the requirements be less than
that specified for perpendicular parking spaces.
Town (!{Victoria
Development Regulations 2010
Page84
SCHEDULED-PARKING
(6)
Other requirements for parking areas are as follows:
a)
the parking area shall be constructed and maintained to the
specifications of the Town:
b)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development:
c)
a structure, not more than 3 m in height and more than 5 m2 in area
may be erected in the parking area for the use of attendants in the
area;
d)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be located or
maintained on a parking area;
e)
no part of any off-street parking area shall be closer than 1.5 m to the
front lot line in any zone;
f)
access to parking areas in non-residential zones shall not be by way
of residential zones;
g)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least 1 m in height shall be erected and
maintained along all lot lines:
h)
where, in the opinion of the Town, strict application of the above
parking requirements is impractical or undesirable, the Town may as
a condition of a permit require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking
area, and the full amount of the levy charged shall be used by the
Town for the provision and upkeep of alternative parking facilities
within the general vicinity of the development.
2.
Offstreet Parking Spaces
The offstreet parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
In case of developments including uses in more than one class, these standards
shall be regarded as cumulative.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided
in developments where required, such as uses within the education, passenger
assembly, child care, medical treatment and special care, commercial-residential
and take-out food service classes.
Town of Victoria
Development Regulations 20 I 0
CLASS
Theatre
Cultural and Civic
General Assembly
Educational
Place of Worship
Passenger Assembly
Club and Lodge
Catering
Funeral Home
Child Care
Amusement
Indoor Assembly
Outdoor Assembly
Campground
Penal and Correctional
Detention
Medical Treatment and
Special Care
Page 85
SCHEDULE D-PARKJNG
MINIMUM OFF-STREET PARKING REQUIREMENT
One space for every 5 seats.
One space for every 50 square metres of gross floor
areas.
One space for every 10 square metres of gross floor
area.
Schools - 2 spaces for every class-room.
Further education - 1 space for every 5 persons using
the facilities (students, faculty and staff).
One space for every 5 seats.
As specified by the Town
One space for every 3 persons that may be
accommodated at one time.
One space for every 3 customers that may be
accommodated at one time .
. One space for every 10 square metres of gross floor
area.
One space for every 20 square metres of gross floor
area
One space for every 1 O square metres of gross floor
area.
One space for every 10 spectators that may be
accommodated at one time.
As specified by the Town.
As specified by the Town.
As specified by the Town
One space per 20 m' of suite or ward area.
Town of Victoria
Development Regulations 20 I 0
CLASS
Single Dwelling
Double Dwelling
Row Dwelling
Apartment Building
Collective Residential
Page86
SCHEDULED-PARKING
MINIMUM OFF-STREET PARKING REQUIREMENT
Two spaces for every dwelling unit.
Two spaces for every dwelling unit.
Two spaces for every dwelling unit.
Three spaces for every two dwelling units.
As specified by the Town.
Boarding House Residential
As specified by the Town.
and/or Bed and Breakfast
Commercial Residential
Seasonal Residential
Mobile Homes
Office
Medical and Professional
Personal Service
General Service
Communications
Police Station
Taxi Stand
Take-out Food Service
Veterinary
Shopping Centre
Shop
Indoor Market
Outdoor Market
Convenience Store
One space for every guest room.
One space per dwelling unit.
Two spaces for every dwelling unit.
One space for every 20 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
As specified by the Town.
As specified by the Town.
As specified by the Town.
One space for every 20 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
One space for every 15 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
As specified by the Town.
As specified by the Town.
One space for every 20 m2 of gross floor area.
Town of Victoria
Page 87
Development Regulations 2010
SCHEDULED-PARKING
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Hazardous Industry
As specified by the Town, but not less than one space
per 100 m2 of gross floor area or 1 O parking spaces,
whichever is greater.
General Industry
As specified by the Town, but not less than one space
per 100 m2 of gross floor area or 1 O parking spaces,
whichever is greater.
Service Station
One space for every 20 m2 of gross floor area.
Light Industry
As specified by the Town, but not less than one space
per 50 m2 of gross floor area or 5 parking spaces,
whichever is greater.
Agriculture
Not specified.
Forestry
Not specified.
Mineral Working
Not specified.
Mining
Not specified.
Recreational Open Space
Not specified.
Conservation
Not specified.
Cemetery
Not specified.
Scrap Yard
Not specified.
Solid Waste
Not specified.
Animal
Not specified.
Antenna
Not specified.
Transportation
As determined by the Town, taking into consideration
associated uses.
Marina
As determined by the Town, taking into consideration
associated uses.
Town of Victoria
Development Regulations 2010
SCHEDULE E
Page88
SCHEDULE E - POLICY DIRECTIVES
DEPARTMENT OF ENVIRONMENT AND CONSERVATION
POLICY DIRECTIVES 97·1, 97·2 AND 96·1
DEVELOPMENT IN SHOREWATER AREAS AND WETLANDS AND FLOOD PLAINS
NOTE: Schedule E sets out the applicable policy directives under the Water Resources Act
concerning development in and near bodies of water- watetways and wetlands and flood
plains - as described in Part II and Schedule C (Designated Floodway and Historic Flood
Zones) of the Development Regulations. These directives were obtained from the
Government of Newfoundland and Labrador Department of Environment and Conservation
Website and may be amended or changed without notice. The Flood Plain Policy under
Policy Directive 96-1 which is relevant to the Historic Flood Zone is "Floodway Fringe".
Town of Victoria
Development Regulations 20 I 0
Page 89
SCHEDULE E - POLICY DIREC11VES
POLICY DIRECTIVE 97·1
Development in Shore Water Zones
1.0 INTRODUCTION
The shore water zone is the interface between land and water, and includes the land along
the edge of an ocean, or a fresh water body. The shore water zone owes its unique
ecological attributes to the area encompassing both the land draining into the water body
and the water body itself. Unplanned and imprudent development on shore water zones,
including infilling and waste disposal, may have detrimental effects on water quality, water
quantity, and on terrestrial and aquatic life and habitat. Human impacts on salt water shore
zones, caused by, for example, untreated sewage disposal, surface runoff from urban and
industrial sites, etc., has led to closures of bays to aquaculture and shellfish harvesting.
The economic impacts of environmental damage of fresh water shore zones include loss
of recreational opportunities, depreciation of land values, etc. Shore water zones are also
areas that are subject to flooding, with possible adverse impacts on life and property along
the zones.
2.0 OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the Water
Resources Act, SNL 2002 cW-4.01, for all development activities in and affecting shore
water zones. The objective of the policy is to permit developments of shore water zones
such that potential economic losses and impacts on water quantity, water quality, and
terrestrial and aquatic habitats and life are minimized.
3.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act'? sections 30, 48 and 64
4.0 DEFINITIONS
Body of Water -
Shore Water Zone -
(Statutory definition from the Act) "body of water" means a
surface or subterranean source of fresh or salt water within
the jurisdiction of the province, whether that source usually
contains liquid or frozen water or not, and includes water
above the bed of the sea that is within the jurisdiction of the
province, a river, stream, brook, creek, watercourse, lake,
pond, spring, lagoon, ravine, gully, canal, wetland and other
flowing or standing water and the land occupied by that
body of water
"Shore Water Zone" means the land that is intermittently
occupied by water as a result of the naturally fluctuating
surface water level in a body of water which can be either
Town of Victoria
Development Regulations 2010
Development -
5.0 POLICIES
Page 90
SCHEDULE E - POLICY DIRECTIVES
a fresh or salt water body and, in either case, the low water
mark and high water mark of the water body defining the
edges of the shore water zone.
"Development" means the carrying out of an activity or
operation which
includes construction of wharves,
moorings, jetties, other docking facilities,
marinas,
boathouses, etc., mechanical disturbance of the land,
infilling, drainage, dredging, channelization, erosion control
works, and removal of vegetation on shore water zones for
social or economic benefits, or any change in the use or the
intensity of use of any shore water zone.
5.1 High Water Level of a Water Body
The high water level of a water body is taken to be the 1:100 year return period water level.
For a fresh water body, this level includes water levels caused strictly by storm runoff or
hydraulic effects of ice or both. In marine s'ituations, the level must include maximum
waves, wind setup, storm surge, and ultimate mean sea levels under current global climatic
forecasts for a 1:100 year design.
5.2 Developments Not Permitted
5.2. 1 Infilling, drainage, dredging, channelization, or removal of surface or underwater
vegetation on or along shore water zones which could aggravate flooding problems will not
be permitted.
5.2.2 Infilling, drainage, dredging, channelization, or removal of surface or underwater
vegetation on or along shore water zones which have unmitigable adverse water quality
impacts on the shore water zones will not be permitted.
5.2.3 Infilling, drainage, dredging, channelization, or removal of surface or underwater
vegetation on or along shore water zones which have significant impacts on water
circulation patterns within the shore water zones or on sediment deposition or accretion or
removal rates along the shore water zones will not be permitted.
5.2.4 Placing, depositing or discharging into shore water zones of any raw sewage, refuse,
municipal and industrial wastes, fuel or fuel containers, pesticides, herbicides or other
chemicals or their containers, or any other material which impairs or has the potential to
impair the water quality of the shore water zones will not be permitted.
5.2.5 Construction of extensive paved surfaces along a shore water zone which changes
the intrinsic character of the shore water zone will not be permitted.
Town of Victoria
Development Regulations 2010
Page 91
SCHEDULE E -POL/CY DIRECTIVES
5.3 Developments Requiring Written Permission
The following developments on or along shore water zones will be permitted subject to the
prior written permission of the Minister of Environment and Conservation (the "Minister")
in accordance with the Act:
5.3.1 Limited removal of surface vegetation cover for the construction of marinas,
boathouses, jetties, wharves, moorings, and other docking facilities.
5.3.2 Construction of marinas, boathouses, jetties, wharves, moorings and other docking
facilities which would require only minor disturbances to water circulation patterns within
the shore water zone and which have limited impacts on sediment deposition or accretion
rates along the shore water zone.
5.3.3 Extension and upgrading of existing buildings, structures and facilities within shore
water zone areas.
5.3.4 Development related to recreational activities including the setting up of camp
grounds, permanent and semi-permanent facilities, etc., along shore water zones.
5.4 Implementation of Mitigative Measures
All developments which are permitted within shore water zones and which could result in
potentially adverse changes to water quantity or water quality of the shore water zone will
require the implementation of mitigative measures to be specified in the terms and
conditions for the environmental approval.
5.5 Restoration Measures
The terms and conditions of the environmental approval will specify the restoration
measures to be implemented upon cessation of activities or abandonment of facilities on
shore water zones.
Town of Victoria
Page 92
SCHEDULE E - POLICY DIRECTIVES
Development Regulations 20 I 0
1.0
2.0
3.0
INTRODUCTION
POLICY DIRECTIVE 97·2
Wetlands
Wetlands, which include bogs, fens, marsh, swamps, and shallow water, collect and
store runoff, moderate and attenuate downstream flood flows, reduce downstream
flooding and erosion, clean and purify water, recharge groundwater zones, and
provide unique habitat for plants and animals. The wetlands of Newfoundland and
Labrador are increasingly being altered from their natural state to support alternative
land uses such as agriculture, urbanization, industrial development, and recreation.
Unplanned and imprudent development of wetlands, including drainage, infilling,
and channelization, have detrimental effects on the wetlands' and downstream
water quality and water quantity, and on terrestrial and aquatic habitat, life, flora and
fauna. The potential consequences of impacts on water resources include structural
damage to bridges and culverts from increased flood flows; river bed erosion
causing siltation; and detrimental impacts on fish resources, drinking water quality
and recreational uses of water bodies.
The problem facing wetland management is that the ecological and socio-economic
benefits of these ecosystems are usually not directly measurable and in many
instances are not recognized until it is too late. The extensive nature of wetlands,
peatlands in particular, in this province means that there is room for more
developments to occur to meet social and economic needs, as long as hydrologic
and environmental impacts are minimized.
OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the
Water Resources Act, SNL 2002 cW-4.011, for all development activities in and
affecting wetlands. The objective of the policy is to permit developments in
wetlands, which do not adversely affect the water quantity, water quality, hydrologic
characteristics or functions, and terrestrial and aquatic habitats of the wetlands.
LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act'? sections 30, 48 and 64
4,0
DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water" means a
surface or subterranean source of fresh or salt water within
the jurisdiction of the province, whether that source usually
Town of Victoria
Page 93
SCHEDULE E ···POLICY DIRECTIVES
Development Regulations 2010
5.0
5.1
contains liquid or frozen water or not, and includes water
above the bed of the sea that is within the jurisdiction of the
province, a river, stream, brook, creek, watercourse, lake,
pond, spring, lagoon, ravine, gully, canal, wetland and other
flowing or standing water and the land occupied by that
body of water.
Wetland -
(Statutory definition from the Act) "wetland" means land
that has the water table at, near or above the land surface
and includes bogs, fens, marshes, swamps and other
shallow open water areas
Wetland development_ "Wetland development" means the carrying out of an
activity or operation which includes the construction of
ditches, mechanical disturbance of the ground, alteration of
normal water level fluctuations, infilling, drainage, dredging,
channelization, and removal of vegetation cover and/or
organic matter on a wetland for social or economic benefits,
or the making of any change in the use or the intensity of
use
of any wetland
which
affects its
hydrologic
characteristics or functions
POLICIES
Developments Not Permitted
5.1.1 Infilling, drainage, dredging, channelization, removal of vegetation cover or
removal of soil or organic cover of wetlands which could aggravate flooding
problems or have unmitigable adverse water quality or water quantity or
hydrologic impacts will not be permitted.
5_ 1 _2 Developments of wetlands which are located within the recharge zones of
domestic, municipal or private groundwater wells will not be permitted.
5.1.3 Placing, depositing or discharging any raw sewage, refuse, municipal and
industrial wastes, fuel or fuel containers, pesticides, herbicides or other
chemicals or their containers, or any other material which impairs or has the
potential to impair the water quality of wetlands will not be permitted.
5.2
Developments Requiring Written Permission
The following developments affecting wetlands will be permitted subject to the prior
written permission of the Minister of Environment and Conservation (the "Minister")
in accordance with the Act:
Town of Victoria
Page 94
5.2.1 Removal of the surface vegetation cover of wetlands for extraction of peat,
or for preparing the area for agricultural or forestry activities.
5.2.2 Construction of ditches, tile fields and other types of flow conveyances to
drain wetlands for extraction of peat, or for preparing the area for agricultural
or forestry operations.
5.2.3 Removal of the topsoil or organic cover of wetlands for use as horticultural
or fuel peat, or for preparing the area for agricultural or forestry activities.
5.2.4 Infilling, dredging, or any other disturbance of wetlands for the construction
of permanent or temporary roads, bridges, culverts, trails, power and
telecommunication transmission lines, pipelines, etc., through wetlands
which would necessitate only minor disturbances to the vegetation and
organic cover, the flow drainage pattern of the area and ground slope.
5.2.5 Infilling, dredging or other disturbance of wetlands for the construction of
residential, commercial, industrial and institutional facilities or extension and
upgrading of existing buildings and facilities within wetland areas.
5.2.6 Development related to recreational activities including the setting up of
campgrounds, permanent and semi-permanent facilities, etc., on wetland
areas.
Construction of flow control structures to alter the normal water level
5.2.7
fluctuations of wetlands for the purposes of enhancing the quality or quantity
of fish and other wildlife habitat.
5.3
Implementation of Mitigative Measures
5.4
All uses and developments of wetlands resulting in potentially adverse changes to
water quantity or water quality or hydrologic characteristics or functions of the
wetlands will require the implementation of mitigative measures to be specified in
the terms and conditions for the environmental approval.
Restoration Measures
The terms and conditions of the environmental approval will specify the restoration
measures to be implemented upon cessation of activities or abandonment of
facilities on wetland areas.
Town ol Victoria
Development Regulations 2010
1.0 INTRODUCTION
Page 95
SCHEDULE E - POLICY DIRECTIVES
POLICY DIRECTIVE 96-1
Flood Plain Management
Land use within flood plains involves trade offs between flood risk and development.
Flood risk takes the form of danger to health and safety, financial costs associated
with property damage and degradation of water resources and the environment.
Some factors associated with flood risk such as flow velocity, upstream inundation,
erosion potential or environmental impacts may be severe. Consequently, new land
development should therefore be restricted or prohibited. However, where
conditions are not as severe, some types of development and land use may occur
safely provided certain terms and conditions apply.
2.0 OBJECTIVES
-to prevent loss of human life and avoid personal hardships,
- to minimize flood damage to properties and the environment,
- to restrict activities which would degrade water resources,
- to maintain the natural capability of waterways to convey flood flows,
-to minimize disruption of transportation, social and business activity, and,
-to minimize costs to the taxpayers of Newfoundland and Labrador.
The unwise development of land in flood plains has historically taken place in many
areas of the province probably due to a natural tendency for settlers to utilize land
that is near bodies of water. Unfortunately, the potential for flooding is often
recognized only after it is too late. The basic operating premise of this policy is that
these problems will not materialize if development takes place in a manner that
does not place it at any risk of flooding.
The policy will address Crown land, developed land and undeveloped land. Where
lands that are subject to periodic flooding are still directly owned by the Crown,
those lands will not be transferred to private developers. However, where land is
already alienated, it is necessary to determine the risk of flooding and to discourage
potential development by planning, zoning regulations and by removing any
economic advantages or subsidies that would otherwise encourage such
development. Finally, where development has already taken place or cannot be
avoided, policy is intended to minimize potential flood damage by ensuring that
flood proofing measures are implemented and that the development does not
further exacerbate the flooding problem by impeding flows or by unduly constricting
the flow channel.
Town of Vicloria
Development Regulations 2010
3.0 BACKGROUND
Page 96
SCHEDULE E - POLICY DIRECTIVES
Canada · Newfoundland Flood Damage Reduction Program
Under the Canada - Newfoundland Flood Damage Reduction Program. both
governments agreed that public funds would not be used or provided for
development projects in flood risk areas. To identify these areas, hydrotechnical
studies were carried out for 37 communities in the province. Without exception, the
main recommendation in each study was that the implementation of proper flood
plain management policies would minimize flood risk.
4.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act'} sections 30, 32, 33, 34, 35,
48, 64 and 90, the Lands Act SNL 1991 CHAPTER 36 Section 7.
Town of Victoria
Development Regulations 2010
Page 97
SCHEDULE E- POLICY DIRECTIVES
5.0 DEFINITIONS
Statutory definition from the Act) "body of water" means a surface or subterranean
~ource of fresh or salt water within the jurisdiction of the province, whether that source
µsually contains liquid or frozen water or not, and includes water above the bed of the
3ody of Water
Sea that is within the jurisdiction of the province, a river, stream, brook, creek,
t.vatercourse, lake, pond, spring, lagoon, ravine, gully, canal, wetland and other flowing
pr standing water and the land usually or at any time occupied by that body of water;
~n area adjacent to a lake, river, seashore etc. which is inundated or covered with
ttvater on average at least once in 100 years. Note that a flood plain is considered to
load Plain
be an integral part of a body of water as defined above because it includes "the land
µsually or at a time occupied by that body of water" and "whether that source usu all)
~ontains water or not
11
-
... specific flood plain in a community for which a hydrotechnlcal study has determined
he extent of flooding and for which flood risk maps are available. The designation is
Jesignated Area
n accordance with the Canada - Newfoundland Flood Damage Reduction Program
it'>greements.
he portion of a flood plain where the most frequent flooding occurs and where the
loodway
low of water is fastest. This area is determined on the basis of the 1in20 year return
>eriod flood.
he portion of a flood plain where less frequent flooding occurs and where the flow o
loodway Fringe
Nater is considered to be tranquil. This area is where flooding occurs up to 1 in 100
.1ears on average
n area where flooding is known or has some probability to occur due to unique or
Jther Flood Risk Area Jnusual circumstances such as areas subject to shoreline recession, areas
:lownstream of dams or areas adjacent to watercourses potentially prone to ice jams.
zone of land that is in its natural state and that is intended to separate developed
areas from bodies of water to provide basic protection of water resources. This zone
11ay coincide with a Crown land reservation of a shoreline as prescribed by Section
3uffer Zone
'(1) of the Lands Act. In the absence of specific setback requirements (depending on
he activity) the buffer is taken to be 15 metres measured from the high water mark
Nhich in turn ls understood to be the 1 in 100 year high water mark.
6.0 POLICIES
6.01 Development Requires Written Approval
Development in a designated flood risk area, development in a flood plain and any
development in the buffer zone shall be subject to the prior written approval of the
Minister of Environment and Conservation (the "Minister") in accordance with the
Act.
6.02 Project Categories
In general it is the policy of the Department of Environment and Conservation ("the
Department") that flood plains and the buffer zones be preserved and left in their
natural state. Recognizing that this is an ideal that would hinder significant benefits
that could be derived from certain development in a flood plain and outweigh all risk
Town of Victoria
Development Regulations 2010
Page 98
SCHEDULE E - POLICY DIRECTIVES
of loss, damage or peril, this policy for flood plain management views any
application to avail of land in flood risk areas in decreasing order of preference.
These preferences are referred to hereafter as project categories.
Temporary alterations in a buffer zone, a designated floodway fringe, a
flood plain, a designated floodway and lastly, the body of water itself.
Non-structural uses such as open space recreation, pasture, and wildlife
habitat enhancement.
Structures related to use of water resources such as wharves, slipways,
boathouses, pumping stations, storm or sewerage discharges.
Minor structural or other projects where only soil disturbance is involved
such as constructed trails, pipelines, transmissions lines, roads, etc.,
assuming there will be no change in the grade of the land.
Other structures not used primarily for residential, commercial, industrial
or institutional purposes where there will be a change in grade but not a
building.
Industrial uses related to the marine shipping or fishing industries.
Other industrial and commercial development.
Institutional developments such as hospitals, senior citizens homes, homes
for special care or schools where flooding could pose a significant threat
should evacuation become necessary.
Residential and other institutional development.
6.03 Hydraulic Structures
A special class of structures which includes most hydraulic structures such as dams,
bridges, causeways, dykes, canals etc., are by their own needs and characteristics
constructed in buffer zones and flood plains and consequently, no preference can
be assigned. However, such structures are the subject of the Act and every effort
must be made to ensure that such structures do not adversely affect the capability
of the body of water to convey flow. In the case of dams, new areas of flooding and
the impact of that flooding must be fully assessed by the proponent.
6.04 Project Classifications
Table 1 below indicates whether not project categories are permitted in each of the
defined flood plains.
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Table 1 ·Projects in Flood Risk Areas
Where Flood Plains are Designated
All
Category
Flood Plains
Floodway Fringe
Floodway
(1:100 year Zone)
(1 :20 year Zone)
Permitted
Temporary alterations
Permitted
Permitted
Permitted
Non-structural uses
Permitted
Permitted
Strucrtire~ related to
Permitted
use o wa er
Permitted
Permitted
resources
Permitted
Minor structural or
Permitted
Permitted
with conditions-
other projects
with conditions-
Other structures not
Permitted
used primarily for
Permitted
Permitted
with conditions-
residential
with conditions*
with conditions*
Industrial Uses related
Permitted
to shipping (marine
Permitted
Permitted
with conditions~
onlv\
with conditions"
with conditions*
Permitted
Other industrial and
Not Permitted
Not Permitted
with conditions-
commercial
Not Permitted
Institutional
Not Permitted
Not Permitted
Permitted
Residential and other
Not Permitted
institutional
Not Permitted
with conditions*
Permitted
Hydraulic Structures
Permitted
Permitted
*~See Section 6.05 for special terms and conditions related to necessary flood proofing measures.
Note: All permits contain standard terms and conditions.
6.05 Projects Permitted Where Flood Plains Are Designated
In Table 1 where projects may be permitted with conditions, the following conditions
will apply:
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i the ground floor elevation of the structure is higher than the 1 in 100 year
flood level, and,
ii the structure will not interfere with the flow of water or displace water such
that it creates a worse flooding situation for other properties, and,
iii the structure and the associated utilities must be designed and constructed
in accordance with the approved flood proofing guidelines of the Department
and entrances and exits from the building can be safely used without
hindrance in the event of a flood, and,
iv the proposed use of the facility and site will not involve any storage of
pollutants such as fuels, chemicals, pesticides etc.
v additional conditions which may be appropriate for specific projects and
included in a permit issued under Section 48 of the Act
6.06 Additions and Modifications to Existing Development
Additions, modifications, enhancements and improvements to existing structures
where there is an increase in the floor area within the flood plain, will be assessed
for suitability in the same way as the project category as a whole_
6.07 Use of Flood Risk Mapping in Municipal Plans
Where flood risk mapping has been prepared for a community (or any city, town or
area) the information in the flood risk maps must be incorporated in the Municipal
Plan (if one exists) and the flood risk areas must be zoned so as to permit only
those project categories specified by this policy. In the absence of official flood risk
mapping, communities will be encouraged to determine flood risk areas in
accordance with this Department's standard hydrotechnical methods for delineating
flood risk zones and to zone those lands in accordance with this policy. Failing this,
communities will be encouraged to at least make provisions in planning documents
for minimum setbacks from watercourses to provide some margin of safety and to
recognize potential flood susceptibility.
6.08 Eligibility for Flood Disaster Assistance
Any vulnerable development placed in a buffer zone or designated flood risk area
after the designation and not in conformance with this policy or without approval as
required by this policy, would not be eligible for flood disaster compensation if such
a program of compensation were to become available through government This
policy provision does not apply to any development lawfully established in a flood
plain prior to designation.
Town of Victoria
Development Regulations 20 I 0
6.09 Use of Flood Disaster Compensation
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In the event that compensation by government is awarded to flood victims, it will be
the policy of this Department to encourage victims to apply the compensation
towards relocating rather than replacing or repairing damaged property in situ. If it
is deemed acceptable by this Department to repair or replace damaged property in
flood risk areas, then it will be required that the compensation be used firstly for
appropriate flood proofing measures.
6.10 Encouraging Purchase of Flood Insurance
Persons living or carrying out business in flood risk areas are encouraged to
purchase flood insurance, carry out flood proofing measures and have an
emergency plan available.
6.11 Flood Control Projects
Proposals for flood control measures such as construction of dykes, river diversions,
retaining walls or flood control dams will only be considered where the alternative
with the highest benefiUcost ratio is recommended. Alternatives considered may
also include possible compensation for flood victims or the cost of relocating the
inhabitants of the flood risk areas or maintaining the status quo.
6.12 Role of Water Resources Management Division
The Water Resources Management Division of this Department will continue as the
lead agency with respect to flood plain management. This role will include but is not
limited to:
i Evaluating all applications for approval under section 48 of the Act and
making the appropriate recommendations in accordance with this policy.
ii Carrying out hydrotechnical studies, flood risk analyses and mapping to the
extent possible with limited funds provided.
iii Continuing to monitor areas of flood risk such as Badger and Steady Brook
to providing flood warning and flood status reports.
iv Providing to the public, information, data, maps, guidelines for flood
proofing and other materials that will be useful in reducing flood damage.
v Providing technical expertise and assisting Emergency Measures Division
of the Department of Municipal and Provincial Affairs in the event of a flood
emergency.
vi Continue with the ability to forecast flooding using computer models and
real time data.
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Development Regulations 2010
6.13 Offences
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A municipal authority or person that unlawfully alters a body of water by carrying out
any development in a designated flood risk area, a flood plain or any buffer zone
without written approval from the minister, thereby violates section 48 of the Act and
commits an offence contrary to section 90 of the Act.