Fort Smith, Northwest Territories
· adopted 2025-11-04
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Town of Fort Smith
ZONING BYLAW
Bylaw #1063 - MS Word Version November 5, 2025
Town of Fort Smith Zoning Bylaw #1063
Table of Contents
i
Table of Contents
1.0
Part One - General
1
1.1
Enactment
1
1.2
Bylaw Purpose
1
1.3
Applicability
1
1.4
Transition
1
1.5
Zones and Zoning Maps
1
1.6
Severability
3
2.0
Part Two - Definitions
4
2.1
Definition Conventions
4
3.0
Part Three - Roles and Responsibilities
25
3.1
Development Officer
25
3.2
Town Council
25
3.3
Development Appeal Board
26
3.4
Secretary of the Development Appeal Board
27
4.0
Part Four - Development Permit Process
28
4.1
Control of Development
28
4.2
Development Not Requiring a Development Permit
28
4.3
Non-Conforming Buildings and Uses
29
4.4
Similar Uses
30
4.5
Application for a Development Permit
30
4.6
Referrals
32
4.7
Decisions of Development Permit
32
4.8
Compliance
33
4.9
Variance Powers
34
4.10
Fees
34
4.11
Notification of Decision
34
4.12
Conditions
35
4.13
Development Agreements
37
4.14
Extension of Development Permit
37
4.15
Suspending or Revoking a Development Permit
38
4.16
Amending a Development Permit
39
Town of Fort Smith Zoning Bylaw #1063
Table of Contents
ii
5.0
Part Five - Appeals
41
5.1
Appeal Procedure
41
5.2
Public Hearing
42
5.3
Decision
43
6.0
Part Six - Enforcement and Administration
44
6.1
Contravention, Enforcement and Penalties
44
6.2
Right to Enter
45
6.3
Application to Amend Bylaw
46
6.4
Amending Bylaws
46
7.0
Part Seven - Development Standards
47
7.1
General Development Standards
47
7.2
Lot Servicing
47
7.3
Moving Buildings
48
7.4
Grade, Soils and Drainage
48
7.5
Airport Protection
49
7.6
Accessory Buildings
49
7.7
Mixed-Use Buildings
50
7.8
Corner Visibility Triangle
50
7.9
Fences
51
7.10
Landscaping
52
7.11
Screening
53
7.12
Sign Regulations
53
7.13
Parking Requirements
56
7.14
Off-Street Loading Spaces
58
7.15
Queuing Lanes and Spaces
58
7.16
Temporary Use
58
7.17
Fire Protection and Access to Fire Suppression Systems
59
7.18
Wildfire Hazard Protection and Mitigation
59
8.0
Part Eight - Specific Use Regulations
61
8.1
Bed and Breakfasts
61
8.2
Caretaker Units
61
8.3
Car Washing Establishments
62
8.4
Day Homes
62
8.5
Daycares
62
8.6
Home Occupations
63
Town of Fort Smith Zoning Bylaw #1063
Table of Contents
iii
8.7
Factory-Built Dwellings
64
8.8
Multiple Unit Dwellings
65
8.9
In-Home and Detached Secondary Suite Dwellings
65
8.10
Commercial Greenhouse
66
8.11
Storage of Soil or Fill
67
9.0
Part Nine - Zoning Regulations
68
9.1
Land Use Zones
68
9.2
R1 - Low-Density Residential
69
9.3
R2 - Medium-Density Residential
71
9.4
RC - Country Residential
74
9.5
TC - Town Centre
76
9.6
GC - General Commercial
79
9.7
IS - Institutional
82
9.8
ID - Industrial
84
9.9
AP- Airport
86
9.10
PO - Parks & Open Space
87
9.11
ES - Environmentally Sensitive Areas
88
9.12
SR- Salt River First Nation Development Lands
89
9.13
UR - Urban Reserve
90
Figures
Figure 1: Corner Visibility Triangle
51
Tables
Table 2-1 Definitions
5
Table 7-1: Landscaping Regulations
52
Table 7-2: Permitted Sign Projection to Area Ratio
56
Table 7-3 Required number of On-Site Parking Spaces
57
Table 9-1 Permitted and Discretionary Uses
69
Table 9-2 R1 Development Regulations
69
Table 9-3 Permitted and Discretionary Uses
71
Table 9-4 R2 Development Regulations
71
Table 9-5 Permitted and Discretionary Uses
74
Table 9-6 Development Regulations
74
Table 9-7 Permitted and Discretionary Uses
76
Town of Fort Smith Zoning Bylaw #1063
Table of Contents
iv
Table 9-8 TC Development Regulations
76
Table 9-9 Permitted and Discretionary Uses
79
Table 9-10 GC Development Regulations
80
Table 9-11 Permitted and Discretionary Uses
82
Table 9-12 IS Development Regulations
82
Table 9-13 Permitted and Discretionary Uses
84
Table 9-14 Development Regulations
84
Table 9-15 Permitted and Discretionary Uses
87
Table 9-16 Permitted and Discretionary Uses
88
Table 9-17 Permitted and Discretionary Uses
90
Appended Documents
B.
Zoning Bylaw Maps
Zoning Bylaw #1063
Part One - General
1
1.0
Part One - General
PURSUANT TO the regulations of the Community Planning and Development Act, S.N.W.T.
2001,c.22 (the "Act") and the Section 70.(1)(e) of the Cities, Towns, and Villages Act, the Council
of the Town of Fort Smith (Town), in meeting duly assembled, enacts as follows.
1.1
Enactment
1.1.1
This Bylaw may be cited as "The Fort Smith Zoning Bylaw".
1.1.2
Zoning Bylaw 936, as amended, is hereby rescinded.
1.1.3
This Bylaw comes into force and takes effect upon the date of its Third Reading.
Parts One to Nine of Schedule "A" inclusive, and Schedule "B" are deemed part of
this Bylaw.
1.2
Bylaw Purpose
The purpose of this Bylaw is to facilitate and regulate the Development and Use of land within
the Town of Fort Smith in a balanced and responsible manner in accordance with the
Community Plan and the Community Planning and Development Act.
1.3
Applicability
The provisions of this Bylaw apply to all land and buildings within the municipal boundary of the
Town of Fort Smith.
The Town acknowledges the Salt River First Nations, Northwest Territories Métis Nation and the
Tthebatthi Dënésułiné identify the land in and around the Town of Fort Smith as Traditional
Territory. Each has the inherent right to self-government. The Town respects this inherent right
and will continue to foster strong Indigenous-Municipal relationships within the community.
1.4
Transition
An application for a Development Permit, Subdivision, or amendment to the Zoning Bylaw
commenced prior to the effective date of this Bylaw shall be evaluated under the provisions of
Zoning Bylaw 936 as amended.
1.5
Zones and Zoning Maps
1.5.1
For the purpose of this Bylaw, the Town of Fort Smith is divided into Zones in the
manner indicated on the maps marked Zoning Map which are Schedule B of this
Bylaw and are as follows:
Zoning Bylaw #1063
Part One - General
2
R1
Low Density Residential
R2
Medium Density Residential
RC
Residential Country
TC
Town Centre
C
Commercial
IS
Institutional
ID
Industrial
AP
Airport
PO
Parks and Open Space
ES
Environmentally Sensitive Areas
SR
Salt River First Nation Development Lands
UR
Urban Reserve
1.5.2
All lands within the Town that are not indicated on the Zoning maps as having a
specific Zoning designation shall be designated in the UR- Urban Reserve Zone.
1.5.3
Where uncertainty exists as to the boundaries of Zones as shown on the Zoning
Map, the following requirements shall apply:
a)
where a boundary is shown as following a Street, lane or stream, it shall be
deemed to follow the centerline thereof;
b)
where a boundary is shown as approximately following the Town limits, it shall be
deemed to follow the Town limits;
c)
where a boundary is shown following the Indigenous lands, the federal survey will
be followed; and,
d)
where a boundary is shown as approximately following a Lot Line, it shall be
deemed to follow the Lot Line.
1.5.4
Where the application of the above rules does not determine the exact location of
the boundary of a Zone, Council shall, by resolution, fix the portion of the Zone
boundary in doubt or in dispute in a manner consistent with the provisions of this
Bylaw and with the degree of detail as to measurements and directions as the
circumstances may require.
Zoning Bylaw #1063
Part One - General
3
1.5.5
After Council has fixed the Zone boundary, the portion of the boundary so fixed shall
not be Altered except by an amendment of this Bylaw.
1.5.6
Council shall maintain a record of its decisions with respect to boundaries or
portions thereof fixed by it.
1.6
Severability
If any section, sentence, clause or phrase of this Bylaw is, for any reason, held to be invalid by
the decision of any court or competent jurisdiction, such decision shall not affect the validity of
the remaining portion of this Bylaw.
Zoning Bylaw #1063
Part Two - Definitions
4
2.0
Part Two - Definitions
2.1
Definition Conventions
For the purpose of this Bylaw, certain terms or words herein shall be interpreted or defined as
follows:
2.1.1
"Shall", "will" and "must" require mandatory compliance except where a Variance
has been granted pursuant to this Bylaw.
2.1.2
"Should" is not mandatory but is expected to be followed, but allows for Alternative
actions to be taken, or if the action is unreasonable or unable to be followed.
2.1.3
"May" is interpreted as optional.
2.1.4
Where a regulation involves two or more conditions, connected by a conjunction,
the following shall apply:
a)
"And" means all the connected items shall apply in combination; and,
b)
"Or" means that the connected items may apply singly or in combination.
2.1.5
Words, phrases, and terms not defined in this Bylaw may be given their definition in
the Government of the Northwest Territories Community Planning and Development
Act, or the National Building Code of Canada.
2.1.6
Words used in the singular shall also mean the plural and vice versa.
2.1.7
When in perceived conflict, written regulations take precedence over any diagram
or map.
2.1.8
The standard measurement system used within this Bylaw is metric. Any reference
to imperial measurement is approximate and for convenience only. In the case of
any discrepancy between the metric and imperial measurement, the metric
measurement shall prevail.
Zoning Bylaw #1063
Part Two - Definitions
5
Table 2-1 Definitions
Term
Meaning in this Bylaw
Accessory
A Use of a Building or Structure, that is incidental and subordinate
to the Principal Use or Building and located on the same Lot.
Includes stand-alone garages, sheds, and Shipping Containers (Sea
Cans).
Any Building or Structure Attached to the Principal Building is not
considered Accessory and is instead considered as part of the
Principal Building.
Teepees, wall tents, smokehouses and other structures that support
Traditional and Cultural Use and may be incidental to the Principal
Use or Building, are not considered Accessory Buildings or
Structures under this definition. They are considered Traditional
and Cultural Use as defined.
Act
The Consolidation of the Community Planning and Development Act
S.N.W.T. 2011, c. 22 as amended.
Accessory
Zoning Bylaw #1063
Part Two - Definitions
6
Term
Meaning in this Bylaw
Agriculture
The Use of the land for Agricultural purposes such as the raising of
crops, cultivation of land, application of fertilizers for Agricultural
purposes, operation of Agricultural machinery, raising of livestock,
and production of foods and animal products (such as fruit,
vegetables, eggs, milk, or honey). Agriculture is not a stand-alone
Permitted Use in this Bylaw, Permitted Uses include Greenhouse,
Commercial and Community Garden. All other Agriculture Uses are
regulated by other Town Bylaws.
May include Accessory Uses for the packing, treating, or storing of
produce. May include Retail sales related to the Principal Use.
Airport
The existing Fort Smith Airport. Includes any Use, Building,
Structures or equipment used in connection with the operation of
the Airport, including but not limited to taxiways, aircraft storage,
tie-down areas, hangers, and Open Spaces.
Alter
In reference to:
Building or part thereof: shall mean a change to the dimensions
or to change the type of construction of the exterior walls or
roof, or any other structural change.
Lot: Shall mean to change the width, depth, or area of any
required Yard, Landscaped Open Space or Parking Area, or to
change the location of any boundary of the Lot in respect to a
Street or private lane, whether such Alteration is made by
conveyance, or otherwise.
Altered and Alteration shall have corresponding meanings.
Amenity Space
A space designed for active or passive recreation on the same Lot as
the residential Building.
Appellant
A person who, pursuant to the Act, has served notice of appeal to
the Development Appeal Board.
Artisanal Studio
The use of a Building or Structure, or Accessory Building for the
production of arts, crafts, or other finished products.
Applicant
Any person or entity having a legal or equitable interest in property,
or an individual or entity acting as the authorized representative of
such person or entity, who has applied under the provisions of this
Bylaw for a permit for the Development of land.
Zoning Bylaw #1063
Part Two - Definitions
7
Term
Meaning in this Bylaw
Assisted Living Facility
A Use located in a Building or group of Buildings, operated for the
purpose of providing live-in accommodation to people. This includes
seniors housing, hospice, group homes, transitional housing, or
boarding homes. May include on-Site professional or medical
support for daily living.
Attached
A Building or Structure structurally connected to another Building or
Structure. May have a division wall or walls shared in common with
adjacent Building or Structures.
Balcony
A platform projecting from the walls of a Building surrounded by a
balustrade or barrier and which may be covered by a roof, and
which may be supported by columns.
Bed and Breakfast
A Use within a residential Dwelling for Temporary accommodations.
Berm
A level space, shelf, or raised barrier, made of compacted sand or
soil that is free of large debris and contoured to the satisfaction of
the Development Officer.
Board
The Town of Fort Smith's Development Appeal Board established
under this Bylaw.
Brewery and/or
Distillery
A Use licensed by the territory for the production and/or Retail sale
of alcoholic beverages and other sales related to the Principal Use.
May include tasting rooms, Eating, and Drinking Establishments,
indoor storage, packaging, bottling, canning, and shipping or Retail
sales related to the Principal Use.
Buffer
Anything which is visually and/or acoustically shelters, conceals or
protects and which is considered acceptable to the Development
Officer or Council.
A Buffer may include a Fence, hedge, Berm or bush.
Attached
Zoning Bylaw #1063
Part Two - Definitions
8
Term
Meaning in this Bylaw
Building
Any permanent or Temporary Structure, placed on, in, over, or
under land, used for the shelter, accommodation or enclosure of
persons, animals, materials, or equipment.
Bulk Fuel Storage
A Use of land, Building or Structure for the storage and distribution
of fuels, oils, propane and other petroleum gases where the storage
tank or tanks are above ground and the storage capacity exceeds,
22,730 litres of propane, or where the storage capacity exceeds
50,000 litres per tank and the aggregate capacity of all the tanks
exceeds 150,000 litres.
Campground
A Use for Temporary or seasonal accommodation of Recreational
Vehicles and tents. May include permanent Structures that support
the Campground including outdoor shelters, kitchen facilities, toilet
and shower facilities, or outdoor recreation facilities.
Cannabis Production
and Manufacturing
Facility
A Use federally licensed for the growing, production, testing,
destroying, storing, or distribution of cannabis.
Does not include the growing of cannabis by an individual for
personal use and consumption.
Car Wash
A Use for the cleaning of vehicles. May include Retail sales related to
the Principal Use.
Caretakers Unit
See Dwelling, Caretakers Unit
Cemetery
A Use for the entombment or interment of the deceased, and
Buildings or activities related to the Principal Use.
Community Garden
Land that is cultivated collectively by a group of community
members to raise food for their own consumption, donation or sale.
Community Plan
A set of policies and proposals adopted by Council for the orderly,
economical and convenient development and use of land within
Fort Smith.
Council
The Council of the Town of Fort Smith established by the Act.
Day Care
A Use for the provision, care, and supervision of children in
accordance with the NWT Day Care Act and Regulations. This Use is
not part of a public school, separate school, private school, or
children's Health Centre.
Day Home
The provision, care, and supervision of children in accordance with
the NWT Day Care Act and Regulations within a residence.
This Use is not part of a Day Care, public school, separate school,
private school, or children's Health Centre.
Zoning Bylaw #1063
Part Two - Definitions
9
Term
Meaning in this Bylaw
Deck or Patio
An uncovered Structure that is intended for use as an outdoor
space. Does not include a Balcony.
Density
The maximum number of Dwelling units Permitted by this Bylaw
based on Lot area.
Development
The carrying out of:
a)
any construction, including the placement or movement of a
Building;
b)
any excavation, or the deposit or movement of soil or other
materials that exceeds 75 cubic metres;
c)
other related operation,
d)
the product of Development, as defined in a), such as a Building,
Structure a developed Site; or,
e)
the making of any change in the Use or intensity of Use of any
land, Building or Structure.
The demolition or Structural Alteration to existing Building or
Structures is considered to be Development.
See Section 4.2 for a list of activities exempted from requiring
Development Permits.
Development
Agreement
A document specifying the manner in which the Town requires a
developer to carry out improvements on and off the Site proposed
for Development and may include but is not limited to, such items
as the installation of water/sewer service and provisions of Public
Roadways and other infrastructure pursuant to Section 20(1) of the
Act.
Development Appeal
Board
The Development Appeal Board established by Council in
accordance with Section 30 of the Act.
Zoning Bylaw #1063
Part Two - Definitions
10
Term
Meaning in this Bylaw
Development Officer
An official of the Municipality, appointed by Council by Bylaw,
responsible for administering this Bylaw.
Development Permit
A certificate or document Permitting a Development and includes a
plan or drawing or set of plans or drawings, specifications or other
documents upon which issuance of the Permit is based.
Director
the Director of the Government of the Northwest Territories being
charged with the administration of the Act.
Discontinued Use
A Use that has stopped due to abandonment, relocation, closure, or
any other reason as determined by the Development Officer in
accordance with this Bylaw.
Discretionary Use
A Use which is considered on their individual merits and
circumstances by the Council and may be Permitted on a specific
Site within a Zone, provided that the use conforms to all regulations
of the particular Zone to which the use applies, and provided the
Council has given due consideration to adjoining land uses.
Dwelling Unit
A Use located in a Building or Structure, self-contained portion of a
Building, or suite of rooms for the use as a permanent or semi-
permanent residence and contains kitchen facilities, living, sleeping,
and sanitary facilities.
Dwelling, Caretakers
Unit
A Use for the accommodation of a person employed as a caretaker,
janitor, manager, watchman, security guard, or superintendent for
an Industrial or commercial Use operating on the Site.
The Caretaker Unit shall be incidental to the Primary Use.
Dwelling, In-home
Secondary Suite
A self-contained Dwelling Unit that is connected to a Dwelling Unit
that has its own entrance.
Includes but is not limited to basement suites or granny suites.
Dwelling, Detached
Secondary Suite
A self-contained Secondary Dwelling Unit located in a separate
Building or Structure on a Lot where the Principal Use is a Single
Detached Dwelling, Factory Built Dwelling, or Duplex Dwelling.
Includes but not limited to backyard suites, carriage homes, and tiny
homes.
Dwelling, Single
Detached
A detached Building or Structure consisting of one Dwelling Unit,
which is physically separate from any other residential building. It
may include a Factory Build Dwelling.
Zoning Bylaw #1063
Part Two - Definitions
11
Term
Meaning in this Bylaw
Dwelling, Duplex
A residential Building or Structure divided horizontally or vertically
into two separate Dwelling Units of approximately equal flooring are
and each of which has a separate entrance.
Dwelling, Factory Built
A modular home, or a panelized home with a single or duplex
dwelling unit built in a manufacturing plant and transported to its
point of installation.
All Factory Built Dwellings must meet the standards of the Canadian
Standards Association (CSA), as amended.
Does not include Recreational Vehicles.
Dwelling, Multiple Unit
A residential Building or Structure containing three or more Dwelling
Units separated by common walls, located on a single Lot with each
Dwelling Unit having an individual entrance.
May include townhouses, rowhouses, triplexes, fourplexes, and
apartment Buildings.
Dwelling, Tiny Home
A Single Detached Dwelling that is permanent, fixed to the ground,
non-motorized and less than 47.0 sq. m.
All Tiny Homes must meet the same building standards as other
Dwelling Units.
Establishment, Eating
and Drinking
A Use of a Building or Structure where food is prepared and sold to
the public. May include restaurants, cafés, pubs, bakery or take-out
windows and may be licensed by the Northwest Territories Liquor
Licensing Board.
Establishment,
Entertainment
A Use of a Building, Structure or Lot to provide entertainment in
return for a fee. May include arcades, bowling alleys, museums,
movie theatres, concert halls, dance and music theatres or other
Uses that are, at the discretion of the Development Officer, similar
in nature. Does not include casinos.
This Use may be licensed by the Northwest Territories Liquor
Licensing Board.
Zoning Bylaw #1063
Part Two - Definitions
12
Term
Meaning in this Bylaw
Establishment,
Personal Service
A Use where a personal services are provided. Includes barber
shops, beauty salons, laundry and dry-cleaning services, dressmaker
shops, shoe repair shops, tailor shops, photographic studios, or
other Similar Uses. May include Retail sales related to the Principal
Use.
Environmental
Assessment
A Site assessment conducted by a qualified professional following
Canadian Environmental Assessment Act (CEAA), to determine
potential contamination and mitigation.
Fence
An artificially constructed barrier secured to the ground, of any
material or combination of materials erected to enclose or screen
areas of land.
Fitness Studio
A Use that provides space, equipment, or instruction for personal
fitness or physical activity. May include Retail sales related to the
Principal Use.
Funeral Parlour
A Use that provides for the arrangement and holding of funerals, or
the preparation of the dead for burial or cremation.
Grade
The average of the elevations of all the natural or finished levels of
the ground adjoining all the walls of a Building.
Grade, Finished
The final elevation of the ground surface after Development.
Greenhouse,
Commercial
A Use containing one or more Buildings and/or Structures that are
used primarily for the growing of food or plants, either for
commercial or public use. Does not include Cannabis Production and
Manufacturing Facilities. May include Retail sales related to the
Principal Use.
A Greenhouse, under this definition is the Principal Use. If a
"Greenhouse" is not the Principal Use, then it is considered an
Accessory Use.
Gross Floor Area
The total floor area of a Building measured from the outside surface
of the exterior wall and includes all floors totally or partially above
Grade. Does not include areas used for parking of motor vehicles or
unenclosed porches and Decks.
Hard Surfaced
A durable, dust-free and all-weather surface such as asphalt,
concrete, paving stones, or another equivalent material approved by
the Development Officer and meeting applicable Town engineering
standards.
Zoning Bylaw #1063
Part Two - Definitions
13
Term
Meaning in this Bylaw
Hazardous Material,
Substance or
Dangerous Goods
Any of the following:
a)
explosives and pyrotechnics;
b)
gases (either compressed, deeply refrigerated, liquefied, or
dissolved under pressure);
c)
flammable and combustible liquids;
d)
Flammable solids (including substances liable to spontaneous
combustion and substances which, on contact with water, emit
flammable gases);
e)
oxidizing substances and organic peroxides;
f)
poisonous and infectious substances;
g)
Radioactive material;
h)
Medical or biological waste;
i)
Corrosives; and,
j)
Other substances of similar nature
Health Care Services
A Use that provides medical care and treatment to people, where
overnight accommodation is not provided. May include but is not
limited to clinics, doctor or dentist Offices, pharmacies, physical or
mental therapy services, naturopathic, or holistic services. May
include Retail sales related to the Principal Use.
Health Centre
A Use in one or more Buildings on a Site used to provide in-patient
and out-patient health care to the public. May include Health Care
Services.
Height
When used with reference to a Building or Structure, it is the
vertical distance between the average finished Grade and the
highest point of the roof. Does not include any device or feature not
structurally essential to the Building or Structure (chimney, antenna,
solar panel, etc.).
Highway
A Highway or proposed Highway that is described as a 'primary
Highway' by the Public Highways Act.
Height
Zoning Bylaw #1063
Part Two - Definitions
14
Term
Meaning in this Bylaw
Home Occupation
(Home-Based
Business)
A secondary Use of a Principal dwelling, and/or the use of an
Accessory Building on the same Lot as the Principal Dwelling, or a
combination thereof, by a permanent resident(s) of the Dwelling
Unit and limited off Site employee(s) to conduct a business activity
or occupation related to any trade, profession, or craft.
Home Occupation, Minor:
A Home Occupation that is lower impact than a Major Home-Based
Business. Minor Home-Based Businesses have no external impact on
adjacent residential Dwellings and do not require a 'storefront' or is
an occupation that does not require in-person visits from patrons.
Shall not have staff, parking, or visitors/patrons. Online Retail is
permitted. May also include businesses where there are no Retail
sales, consulting services and professional services where in-person
consulting is not required, cleaning services, photography, and
catering.
Home Occupation, Major:
A Home Occupation that is higher impact than a Minor Home
Occupation. Major Home Occupation typically require more
deliveries and patron visits than Minor Home-Based Business. May
include businesses with Accessory Retail, Personal Service
Businesses, consulting, or professional services where in-person
services are required.
May include businesses with Nuisance effects such as woodworkers,
auto-repair etc. Does not include wholesale storage or sales or a
Day Home.
Hotel and Motel
A Use for Temporary sleeping accommodation. May include Eating
and Drinking Establishment, meeting rooms, or event spaces.
Industrial, Heavy
An industrial Use where such operations have Impacts that would
make them incompatible in non-industrial Zones, or when the ID-
Industrial Zone is adjacent to a residential or commercial Zone, such
as emissions from the building odours, fumes, noise, cinder,
vibrations, heat, glare or electrical interference.
May include processing of raw or finished materials, production of
concrete or asphalt, storage of Hazardous Materials, Substances or
Dangerous Goods.
Zoning Bylaw #1063
Part Two - Definitions
15
Term
Meaning in this Bylaw
Industrial, Light
A Use of land, Building or Structure for the manufacturing,
processing, repairing, fabricating, or assembly of raw materials or
goods, warehousing or bulk storage and related Accessory Uses.
May include automotive repair, autobody repair, Greenhouse and
related activities, contracting, equipment storage sales and parts
supplies, contractors, industrial safety supplies and training.
Institution
A Use which provides public or private instruction, education, or
training. Includes but is not limited to public schools, private
schools, universities, or research Institutions. Includes Accessory
Uses related to the Principal Use.
Kennel
A space that provides accommodation for the boarding and/or
breeding of small animals. Includes activities associated with the
shelter and care of animals (e.g., grooming, training, and exercising).
May include Retail sales related to the Principal Use.
Landscaping
Natural or introduced vegetation, natural features, or introduced
elements to improve a Site. Does not include driveways, vehicle
parking pads, or areas dedicated for vehicle use.
Hard Landscaping:
Any non-vegetation element used to enhance a Lot. May include,
but is not limited to pavement, brick, paving stones, tile, shale,
sculptures, fountains, or rock.
Soft Landscaping:
Any vegetation used to enhance a Lot. May include, but is not
limited to grass, trees, shrubs, garden beds, or ground cover.
Loading Space
An area dedicated to the loading and unloading of a motor vehicle.
Lot Line
Front:
The property line separating a Lot from an abutting Public Roadway
other than a lane. In the case of a corner Lot, the front Lot Line is
the shorter of the property lines abutting a Public Roadway, other
than a lane.
Rear:
Either the property line of a Lot which is furthest from and opposite
the front Lot Line, or, where there is no such property line, the point
of intersection of any property lines other than a front Lot Line
which is furthest from and opposite the front Lot Line.
Zoning Bylaw #1063
Part Two - Definitions
16
Term
Meaning in this Bylaw
Side:
The property line of a Lot other than a Front Lot Line or Rear Lot
Line.
Lot
An area of land, the boundaries of which are shown on a plan
registered in a Land Titles Office, are described in the Certificate of
Title, or are the subject to other forms of interest in land under the
terms of the Territorial Lands Act and Regulations or the
Commissioner's Land Act and Regulations.
Formerly may have been referred to as a parcel.
Zoning Bylaw #1063
Part Two - Definitions
17
Term
Meaning in this Bylaw
Lot/Site Coverage
The portion of the total area of a Lot or Site which may be covered
by Buildings or Structures or non-permeable surfaces such as non-
permeable pavement.
Lot/Site Width
The average distance between the Side Lot Lines of a Lot or Site.
Mixed-Use Building or
Development
A Building or Development designed to accommodate a mix of Uses,
listed in a Zone, on one Lot. May include residential and commercial
Uses, where Permitted in a Zone.
Motel
See Hotel and Motel
Municipality
The corporation of the Town of Fort Smith.
Zoning Bylaw #1063
Part Two - Definitions
18
Term
Meaning in this Bylaw
Municipal Service
The activity, work or facility undertaken or provided for, on behalf of
the Town of Fort Smith.
Natural Resource
Development
The Development for the on-Site removal, extraction, and primary
processing of raw minerals found on or under a Site, or accessible
from the Site. Typical uses include gravel pits, quarries, sandpits,
clay pits, and stripping of topsoil. Does not include the processing of
raw materials transported to the Site.
Non-conforming
Building
A Building or structure that was lawfully constructed or lawfully
under construction at the date of this Bylaw coming into force, and
does not confirm to the requirements of this Bylaw.
Non-conforming Use
A Use of land or Building/Structure that was lawfully commence
before the coming into force of this Bylaw and does not conform to
the requirements of this Bylaw.
Nuisance
Anything that interferes with the Use or enjoyment of property,
endangers personal health or safety, or is offensive to the senses.
May include noise, smoke, ash, dust, toxic gases, glare, heat, or
obnoxious odours.
Office
A Building or part of a Building used or intended to be used in the
performance and transaction of business including administrative
and clerical activities as well as medical and professional Offices.
Open Space
Any portion of a Lot which is unoccupied by Buildings or Structures
above ground level and is open to the sky and may include
Landscaped areas.
Outdoor Storage
A Principal or Accessory Use for the storage of goods, merchandise,
or equipment outside of a Building or Structure on a Lot or portion
thereof, including such Uses as building-materials supply yards. This
definition shall not include the open storage of goods or equipment
incidental to a residential Use.
Park
A Use for passive and active forms of recreation by the public.
May include playgrounds, picnic areas, outdoor Open Spaces,
skateboard Parks, fields, outdoor skating rinks, baseball diamonds,
golf courses, Community Gardens, paths and trails, and other similar
facilities.
Parking Area or Lot
An open area of land, other than a Street or a Building, designed and
used for the parking of motor vehicles.
Parking Space
An Off-Street area available for the parking of one motor vehicle.
Zoning Bylaw #1063
Part Two - Definitions
19
Term
Meaning in this Bylaw
Permitted Use
Those Uses which are provided for in this Bylaw for which a
Development Permit shall be issued, with or without conditions, if
the proposed Development complies in all respects with this Bylaw.
Places of Worship
A Use for the purpose of religious or communal activities.
Principal Building
A Building which:
a)
occupies the major or central portion of a Lot;
b)
is the Principal Building on a Lot; and,
c)
constitutes by reason of its Use, the primary purpose for which
the Lot is used.
Principal Use
The Use which constitutes the primary purpose of the Site.
Public Assembly
A Use where the public can assemble, for education, instruction,
culture, or communal activities. May include municipal or
government services, libraries, museums, art galleries, Offices or
Accessory Buildings related to the Principal Use.
May include Offices related to the Principal Use, and Retail sales
related to the Principal Use.
Public Roadway
Any lane, service Road, Street (local or major), or Highway including
right of ways.
Principal Building
Zoning Bylaw #1063
Part Two - Definitions
20
Term
Meaning in this Bylaw
Public Utility
Any one or more of the following:
a)
systems for the distribution of gas, whether artificial or natural;
b)
Facilities for the storage, transmission, treatment, distribution,
or supply of potable water;
c)
facilities for the collection, treatment, movement, or disposal of
sanitary sewage;
d)
storm sewer drainage facilities;
e)
systems for electrical energy generation, transmission, and
distribution; and,
f)
systems for telephone and telecommunications, including
towers or satellite dishes.
May include Buildings or Structures in which the proprietor of the
Public Utility maintains or houses any equipment used in connection
with the Public Utility.
Recreational Facility
Any Building, Structure or specific area planned for, used for, or
related to recreational athletic, and leisure activities. It may include
Campgrounds, picnic areas, outdoor shelters, playground areas and
equipment, hiking trails, golf courses and associated Buildings,
fitness facilities, gyms, public assemblies, and meeting rooms. There
may also be Eating and Drinking Establishments, Offices, or
Accessory Buildings related to the Principal Use.
May include Retail sales related to the Principal Use.
Recreational Vehicle
Any portable accommodation providing Temporary living quarters
for recreational purpose in which all facilities are not necessarily
self-contained.
Recreational Vehicles are not considered Dwelling Units.
Reserve
A Lot or area of Land set aside for the Use of the Town or other
public authority.
Retail Store
A Use for the sale or rental of goods and services. May include
repair, or small-scale production of consumer goods and services.
Does not include Retail Cannabis or Retail Liquor.
Retail, Cannabis
A Use licensed by the Territory for the Retail sale of cannabis and
cannabis accessories for off-Site consumption.
Does not include the production of cannabis products.
Zoning Bylaw #1063
Part Two - Definitions
21
Term
Meaning in this Bylaw
Retail, Liquor
A Use licensed by the Northwest Territories Liquor Licensing Board
for the sale of alcoholic beverages for off-Site consumption.
Retail, Neighborhood
Convenience
A Use located in a Building or part of a Building used primarily for
the sale of grocery and confectionery items and incidentally for the
sale of other merchandise as is required to fulfill the day to day
needs of a surrounding residential area.
Does not include Retail Cannabis or Retail Liquor.
Screening
The total or partial concealment of an activity, Building or Structure
using a Fence, wall, Berm, or Soft Landscaping.
Secondary Suite
See Dwelling, Secondary Suite.
Service Station
A Use for selling gasoline, diesel, or other automotive fluids. May
include on-Site vehicle repairs, or traveler amenities such as Car
Wash, Retail, Eating and Drinking Establishments, washrooms or
shower facilities, or Retail sales associated with the Principal Use.
Setback
The distance that a Development, Building, Structure, or a specified
portion of the Building or Structure, must be located from a lot line.
Sewage Disposal Site
A Site which is licensed or approved for the Use as a disposal Site for
sewage by any regulating authority.
Shipping Container
(Sea Can)
A sea can or any other form of container that was or could be used
for transport of goods by means of rail, truck, or by sea. Shipping
Containers are typically rectangular in shape, are generally made of
metal and vary in dimensions.
Similar Use
A Development deemed by Council to be similar in nature to a
Permitted or Discretionary Use that is defined in the Bylaw. The
proposed Use is not currently provided for in the definitions section
of this Bylaw.
Sign
A Structure that may include words, letters, pictures, symbols, or
representation, used as an advertisement, announcement, or
direction. Without restricting the generality of the foregoing, a Sign
includes posters, notices, panels, and banners.
Sign Area
The total surface area of a Sign measured to the outside edge of the
frame or border of the Sign. In the case of a Sign composed of
individual letters or symbols, the Sign Area shall be calculated as the
area enclosing the letters or symbols. In the case of a multi-faced
Sign, up to two sides of the Sign shall be counted to the Sign Area.
Sign, Canopy
A Sign placed on a marquee or canopy.
Sign, Fascia
A Sign that is Attached to and parallel to an exterior Building wall.
Zoning Bylaw #1063
Part Two - Definitions
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Term
Meaning in this Bylaw
Sign, Freestanding
A Sign that has independent supports fixed to the ground and is not
connected to any other Building or Structure.
Sign, Monument
A low-profile Sign that has independent supports fixed to the
ground and is not connected to any other Building or Structure.
Monument Signs typically advertise a business, residential Buildings,
or neighbourhoods.
Sign, Projecting
A Sign that projects outward from the exterior wall of a Building.
Site
A single Lot, or continuous group of Lots usually considered a unit
for the purpose of Development.
Soil and Fill
Topsoil, cobbles, boulders, sand, gravel, rock silt, clay, peat or any
other substance of which land is naturally composed, above bedrock
and does not include other material.
Street or Road
See Public Roadway.
Structure
Anything that is erected, built, or constructed of parts joined
together, or Attached to something that is in, on, over, or under
land. May include Buildings, walls, Fences, or any Sign.
Structural Alteration
Any change in or Alteration to a Structure involving a bearing wall,
column, beam, girder, floor or ceiling joists, roof rafters,
foundations, piles, retaining walls or similar components.
Subdivision
A land area subdivided by a registered plan, containing Lots for
freehold or leasehold tenure.
Temporary Use
A Development or Use characterized by a seasonal or short-term
nature, of which the duration shall not exceed the time period and
conditions specified in an approved Development Permit. The
foundation or footing of any Building or Structure shall be removed
when the designated time period, activity or Use for which the
Temporary Structure has ceased.
Temporary Use does not include Temporary car shelters or Shipping
Containers.
Traditional and
Cultural Use
Any activity or Use, including Temporary Use, likely to happen within
the urban area of the Town of Fort Smith that supports Traditional
and Cultural Use and activities. May include gatherings, cultural
activities or events, teepees, wall tents, smokehouses and/or other
Structures that support Traditional and Cultural activities.
Zoning Bylaw #1063
Part Two - Definitions
23
Term
Meaning in this Bylaw
Use
When used as a noun, means the purpose for which any land,
Building, Structure of premises, or part or combination thereof, is
arranged, designed or intended to be used and "Uses" shall have
corresponding meaning.
When used as a verb, or "to use" shall have corresponding meaning.
Variance
An Alteration or change to a standard prescribed by this Bylaw that
is authorized by the Development Officer, Council or the
Development Appeal Board.
Veterinary Clinic
A Use for the purposes of the consultation, diagnosis, and treatment
of household pets, but shall not include long-term boarding facilities
for animals.
Waste Disposal Site
A place where ashes, garbage, refuse, domestic waste, industrial
waste, or municipal refuse is disposed of or dumped.
Does not include Sewage Disposal Site or facility for the treatment
of sewage.
Workcamp
The Temporary accommodation of workers and consisting of at least
one bathroom and not fewer than two (2) habitable rooms
providing therein living, dining, kitchen and sleeping
accommodation in appropriate individual or combination rooms.
Yard (see also Lot Line)
A part of a Lot upon or over which no Structure is erected.
Front Yard:
Means a Yard extending across the full width of a Lot from the Front
Lot Line of the Lot to the front wall of the Principal Building situated
on the Lot.
Side Yard:
Means a Yard extending from the front wall of the Principal Building
situated on a Lot to the rear wall of the Principal Building and lying
between the Side Lot Line of the Lot and the side wall of the
Principal Building.
Zoning Bylaw #1063
Part Two - Definitions
24
Term
Meaning in this Bylaw
Rear Yard:
Means a Yard extending across the full width of a Lot from the rear
wall to the Principal Building situated on the Lot to the Rear Lot Line
of the Lot.
Zone
An area designated for a specific set of land uses and rules which are
outlined in this Bylaw.
Zoning Bylaw #1063
Part Three - Roles and Responsibilities
25
3.0
Part Three - Roles and Responsibilities
3.1
Development Officer
3.1.1
The office of the Development Officer is hereby established and shall be filled by a
person appointed by Council established in accordance with Section 52 of the Act.
3.1.2
The Development Officer is authorized to perform the duties specified in Part Three
of this Bylaw and has enforcement powers as specified by Council pursuant to
Sections 52 through 56 of the Act.
3.1.3
The Development Officer shall:
a)
receive and process all Development Permit applications;
b)
keep and maintain for the inspection of the public during all reasonable hours, a
copy of this Bylaw obtainable by the public at reasonable charge;
c)
keep a register of all applications for Development, including the decision thereon
and the reasons therefore;
d)
make decisions on all Development Permit applications and all applications
requesting a Variance pursuant to Section 4.9 of this Bylaw;
e)
refer all requests to Council for decisions for those Uses listed as Discretionary
Uses in the Zone, and all requests for a Variance pursuant to Section 4.9 of this
Bylaw;
f)
approve or refuse, pursuant to the Act and this Bylaw, all Development Permit
applications and state the terms and conditions as authorized by this Bylaw; and
g)
post a notice for all Development Permit applications and state terms and
conditions as authorized by this Bylaw.
3.1.4
The Development Officer is hereby declared to be an official of the Municipality and
an authorized officer or servant of Council.
3.2
Town Council
3.2.1
The function of Council with respect to this Bylaw shall be to:
a)
review and make a decision on Development applications presented to it by the
Development Officer, having regard for the regulations of the Community Plan and
this Bylaw;
b)
review and make a decision on applications for the Development of a
Discretionary Use in a Zone and all requests for a Variance pursuant to Section 4.9
of this Bylaw, having regard for the regulations of this Bylaw and the provisions of
the Community Plan;
Zoning Bylaw #1063
Part Three - Roles and Responsibilities
26
c)
review and render decisions on applications for rezoning and/or other Bylaw
amendments presented by the Development Officer;
d)
specify the length of time that a permit may remain in effect for a Term of Use;
and,
e)
carry out other duties as prescribed in this Bylaw.
3.3
Development Appeal Board
3.3.1
A Development Appeal Board is hereby established and must consider and
determine such appeals as may be referred to it under the provisions of the Act.
3.3.2
The Development Appeal Board shall discharge such duties that are given to it in this
Bylaw or amendment thereof.
3.3.3
The Development Appeal Board may meet as frequently as necessary but shall meet
within 30 days after an application for an appeal has been made to it.
3.3.4
The Development Appeal Board shall:
a)
be composed of a Chairperson and at least two but no more than four other
members to be appointed concurrently for three years of office by resolution of
Council, and who shall not be dismissed except for just cause;
b)
include no more than one Council member; and
c)
not include employees of the Town.
3.3.5
When the retirement or resignation of a Development Appeal Board member results
in a vacancy, the vacant position shall be filled by resolution of the Council.
3.3.6
The Chairperson of the Development Appeal Board shall sign all notices of decisions
and other documents on behalf of the Board, relative to any jurisdiction or power of
the Board, and any documents so signed shall be deemed to be signed on behalf of,
and with the approval of, the Development Appeal Board.
3.3.7
Where the Chairperson of the Development Appeal Board is absent or disabled, any
document of the Board may be signed by any one member, and when so signed
shall have the like effect as though signed by the Chairperson.
3.3.8
Three members of the Development Appeal Board constitute a quorum for the
making of all decisions and for doing any action required or permitted to be done by
the Board.
3.3.9
Only those members of the Development Appeal Board in attendance at a Board
meeting shall vote on any matter then before the Board.
Zoning Bylaw #1063
Part Three - Roles and Responsibilities
27
3.3.10
The decision of the majority of the members of the Development Appeal Board
present at a meeting duly convened is deemed to be the decision of the whole
Board.
3.4
Secretary of the Development Appeal Board
3.4.1
The office of the Secretary of the Development Appeal Board is hereby established
and shall be filled by an employee of the Town of Fort Smith, as appointed by
Council, or the Senior Administrative Officer acting on behalf of Council.
3.4.2
The secretary to the Development Appeal Board shall not be a member of the
Development Appeal Board nor will the Secretary be the Development Officer.
3.4.3
The Secretary shall, in accordance with the Act:
a)
keep available for public inspection all relevant documents and materials
respecting an appeal under the Act, including the application for the Development
Permit, its refusal, and the decision;
b)
receive and administer all applications for appeal;
c)
notify all members of the Development Appeal Board of the arrangements for the
holding of each hearing and other meetings of the Board;
d)
Provide notice two weeks prior to the hearing to:
i
the Appellant, in writing;
ii
owners and lessees of land within 30.0 metres of the boundary of the land in
which the appeal relates through registered mail; and,
iii
the public through online social media platforms, the Town website, and
community notice boards.
e)
prepare and maintain a file of written minutes of all meetings of the Development
Appeal Board;
f)
serve the Appellant and all affected parties a notice of the decision of the Board
and the reasons therefore;
g)
notify Council of the decisions of the Board;
h)
within 60 days after the date of the hearing, issue a written decision with reasons,
and provide a copy to the Applicant, Appellant, and other parties to the appeal;
and,
i)
carry out such other administrative duties as the Development Appeal Board may
specify.
Zoning Bylaw #1063
Part Four - Development Permit Process
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4.0
Part Four - Development Permit Process
4.1
Control of Development
4.1.1
Development Permits support the regulation and control of the land Use and
Development of land and Buildings in the Town, in accordance with this Bylaw.
4.1.2
For the purpose of this Bylaw, the Municipality is divided into Zones in the manner
indicated on the maps as Schedule B.
4.1.3
In each Zone shown on the Zoning Maps, Permitted or Discretionary Uses of land
and buildings are specified in Section 9 of this Bylaw.
4.1.4
Nothing in this Bylaw, Development Permit approval, or other approval issued under
this Bylaw or under the Act, shall be construed as authorization for the carrying out
of any activity that is regulated through other Municipal Bylaws, or Territorial or
Federal legislation.
4.2
Development Not Requiring a Development Permit
A Development Permit is not required for the following Developments, provided that the
proposed Development complies with the applicable regulations of this Bylaw:
4.2.1
The completion and/or Use of a Building which is lawfully under construction at the
date of approval of this Bylaw, provided that the Building is completed in accordance
with the terms of the Permit granted by the Development Officer and subject to the
conditions to which that Permit was granted;
4.2.2
The Use of any such Building as is referred to in Section 4.2.1 for the purpose for
which construction was commenced.
4.2.3
The carrying out of works involving maintenance, repair, or interior renovations to
any Building, if such works do not:
a)
Alter the Use or intensity of the Use such as;
i
Residential Use to Commercial Use;
ii
Commercial to Industrial Use;
iii
Institutional Use to Mixed Use; or
iv
any change to the Principal uses
b)
increase any dimensions of the original Building or Structure; and,
c)
do not include Structural Alterations.
4.2.4
The Development and/or movement of any Building less than 10.0 square metres in
area and 3.0 metres in Height.
Zoning Bylaw #1063
Part Four - Development Permit Process
29
4.2.5
Landscaping, provided that such work does not Alter the existing Grade or natural
surface drainage patterns.
4.2.6
Construction or placement of a Temporary Building, for the sole purpose of which is
incidental to the erection or Alteration of a building, for which a Development
Permit has been issued under this Bylaw.
4.2.7
Construction or placement of Structures for the purpose of Traditional or Cultural
Use, providing that the Structure is 1.0 metre from a lot line, a minimum of 3.0
metres from any other Building, including the Principal Building on Site, and follows
the Fort Smith Wildfire Protection Plan.
4.2.8
The installation, maintenance and repair of public works, services and utilities
carried out by or on behalf of Federal, Territorial and Municipal public authorities on
land that is publicly owned or controlled.
4.2.9
Development on Airport Lands, as those lands are regulated by the Fort Smith
Airport Zoning Regulations SOR/81-567.
4.2.10
Signs that do not require a Development Permit as per Section 7.12.
4.3
Non-Conforming Buildings and Uses
4.3.1
A Non-conforming Use may be continued but if that use is discontinued for more
than one year, any future use of the land or Building shall conform with the
provisions of the Zoning Bylaw then in effect.
4.3.2
A Non-conforming Use of part of a building may be extended throughout the
building.
4.3.3
A Non-conforming Use of part of a Lot shall not be extended or transferred in whole
or in part to any other part of the Lot, and no additional Buildings shall be erected
upon the Lot while the Non-Conforming Use continues.
4.3.4
A Non-conforming Building may continue to be used, but the Building shall not be
structurally Altered unless the Alterations will conform with this Bylaw or are to
rebuild or repair the building for public safety or to preserve its value.
4.3.5
If a Non-conforming Building is damaged or destroyed such that more than 75 % of
the most recently assessed value of the Building above its foundation is affected, the
Building shall not be repaired or rebuilt except in accordance with the Zoning Bylaw.
4.3.6
If there is a change in ownership, tenancy or occupancy of lands or a Building is
deemed to be Non-conforming, its status will not be changed.
Zoning Bylaw #1063
Part Four - Development Permit Process
30
4.4
Similar Uses
4.4.1
In situations where an application for a Development Permit does not align with any
of the uses described in this Bylaw, Council may determine that the Use is Similar to
another Use defined in this Bylaw.
4.4.2
Similar Uses shall only be allowed in a Zone where the proposed Use is similar to the
listed permitted or Discretionary Use in that Zone.
4.4.3
Similar Uses shall be subject to the same regulations as the Use for which they are
similar.
4.5
Application for a Development Permit
4.5.1
An application for a Development Permit may only be made by a person with a legal,
equitable estate, or interest in the property sought to be developed by a person duly
authorized.
4.5.2
Where the Applicant is other than the owner, the owner's written consent must be
submitted with the application.
4.5.3
An application for a Development Permit shall be made by submitting a completed
application form to the Development Officer and shall be accompanied by:
a)
a Site plan showing the:
i
legal description of the Lot;
ii
existing or proposed property lines and dimensions;
iii
Setbacks and dimensions for Front, Rear and Side Yards;
iv
elevation (height) of proposed Development;
v
locations and dimensions of all existing Buildings, Structures or uses on the
Lot;
vi
any provisions for Off-street Loading and vehicle Parking Spaces;
vii access and exit points to the Site;
viii provisions for Landscaping and drainage; and,
ix
any other Site features requested by the Development Officer.
b)
a statement of Uses;
c)
a statement of ownership of land and interest in the application;
d)
the estimated commencement and completion dates; and,
e)
the estimated cost of the project or contract price;
4.5.4
At the discretion of the Development Officer, an application for a Development
Permit may also require:
Zoning Bylaw #1063
Part Four - Development Permit Process
31
a)
a recent copy of the Certificate of Title (within 30 days of the application
submission date) indicating ownership and other interests;
b)
current copies (within 30 days of the application submission date) of any
restrictive covenants, caveats, or easements;
c)
photographs of the Site;
d)
professional engineer standard building floor plans, including:
i
total Gross Floor Area;
ii
building dimensions; and,
e)
any other drawings that describe the Development;
4.5.5
The Development Officer may require additional information because of the nature
and magnitude of a proposed Development or use or the characteristics of the Site
proposed for Development. This may include a Phase I Environmental Site
Assessment, carried out by a qualified professional according to the standards
established under Canadian Standards Association Z768 as revised from time to
time.
4.5.6
The Development Officer may require additional information to review and properly
evaluate a proposed Development, because of the size, complexity, location or
potential environmental or community impacts. Additional information may include
but is not limited to:
a)
copies of any Territorial and/or Federal approvals, licenses, or permits;
b)
environmental impact assessment;
c)
fire safety plan;
d)
grading plan;
e)
lighting plan;
f)
parking study;
g)
plot plan;
h)
remediation plan;
i)
risk assessment;
j)
Site servicing plan;
k)
traffic impact assessment; or,
l)
any other information deemed necessary by the Development Officer.
4.5.7
Where the Development of land involves a Subdivision survey and mapping of land,
written evidence that the Subdivision has been approved in accordance with the Act
shall be required as part of an application for a Development Permit.
4.5.8
The application shall not be considered complete until all the requirements
described in this Section have been submitted to the satisfaction of the
Development Officer.
Zoning Bylaw #1063
Part Four - Development Permit Process
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4.6
Referrals
4.6.1
Prior to issuing a decision, the Development Officer may circulate a Development
Permit application to any Town, Territorial, or Federal department, or any other
agency or body, including the Indigenous Governments and Authorities in Fort Smith
where, due to scale, location or potential environmental, infrastructure, or heritage
impacts, additional technical review is advisable to ensure compliance with
applicable legislation and plans.
4.6.2
The Development Officer shall consider any recommendations or comments
received by referral agencies.
4.6.3
Any proposed Development that may have an effect on Airport or aerodrome
operations shall be referred to the specific Airport Commission or Authority,
Transport Canada, and NavCanada.
4.6.4
Any proposed Development application may be circulated to the Fire Chief, Fire
Marshal or other person having jurisdiction to review a Development Permit and
identify compliance with the National Fire Code.
4.6.5
Development within Highway #5 right-of-way is subject to approval from the GNWT
Department of Transportation.
4.6.6
Vehicular Road access to and from Highway #5 is subject to approval of the GNWT
Department of Transportation.
4.7
Decisions of Development Permit
4.7.1
The Development Officer shall:
a)
receive, consider, and issue decisions on applications for a Development Permit
for uses listed in Part Nine of this Bylaw which constitute Permitted Uses in a Zone
and comply with the minimum standards for that Zone;
b)
receive and refer with their recommendations to Council (acting as the
Development Officer) for its consideration and decision, applications for a
Development Permit for Uses listed in Part Nine of this Bylaw which constitute
Discretionary Uses; and,
c)
receive and refer to Council (acting as the Development Officer), at their
discretion, any application which, in their opinion, should be decided by the
Council.
4.7.2
The Development Officer must make a decision on an application for a Development
Permit within 40 days of the official receipt of the application.
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4.7.3
The Applicant may request confirmation in writing from the Development Officer
that their application has been received.
4.7.4
The Development Officer, and Applicant, through an agreement in writing, may
extend the timeframe to issue a decision on a Development Permit.
4.7.5
An application is deemed to be refused if a decision of the Development Officer has
not been made within 40 days of the official final receipt of the application and no
extension has been agreed to.
4.7.6
To allow for time for appeal (Part Five) a Development Permit does not come into
effect until 15 days after the date a decision is publicized. Any Development
proceeded with by the Applicant prior to the expiry of this period is done solely at
the risk of the Applicant.
4.7.7
The Development Officer must approve a Development Permit application for a
Permitted Use that conforms to the provisions of this Bylaw, with or without
conditions as provided for in this Bylaw.
4.7.8
If a Development Permit application for a Permitted Use does not conform to all
provisions of this Bylaw, the Development Officer may:
a)
Grant a Variance to approve the application, with or without conditions; or,
b)
Refuse the application, stating reasons.
4.7.9
In issuing a decision for a Development Permit for a Discretionary Use, with or
without a Variance, the Council may:
a)
Approve the application, with or without conditions; or,
b)
Refuse the application, stating reasons.
4.8
Compliance
4.8.1
An Applicant is responsible for ascertaining and complying with the requirements of
assessments, covenants, agreements, the most current Municipal Bylaws, as
amended from time to time or Territorial and Federal statutes and regulations. This
includes:
a)
Community Planning and Development Act
b)
National Building Code of Canada
c)
National Fire Code of Canada
d)
Northern Infrastructure Standardization Initiatives (NISI) Standards
Zoning Bylaw #1063
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34
i
Building in Permafrost
ii
Dealing with Extreme Weather
iii
Community Systems: From Start to Finish
e)
Fort Smith Airport Zoning Regulations SOR/81-567
4.8.2
The Development Officer may refuse a Development permit if the proposed use or
development or the condition of the Site does not comply with an easement,
covenant, Municipal Bylaw, or Territorial and Federal statutes or regulations.
4.9
Variance Powers
4.9.1
Council may approve an application for a Permitted Use or a Discretionary Use
notwithstanding that the proposed Use does not comply with the provisions of this
Bylaw, if the non-compliance is minor and where, in the opinion of Council, denial of
the application for a Development Permit would cause the Applicant unnecessary
hardship peculiar to the use. Council can approve such Variances if they do not:
a)
unduly interfere with the amenities of the neighbourhood; or
b)
detract from the Use, enjoyment or value of neighbouring parcels of land.
4.9.2
Subject to Section 4.9.1, the Development Officer may grant the following Variances
for Buildings and Structures:
a)
Front Yard - not more than 0.3 metres;
b)
Side Yard - not more than 0.15 metres, provided that the combined width of both
Side Yards is not below the aggregate of the minimum dimensions required for
both Yards, in which case no Variance shall be granted; and
c)
Rear Yard - not more than 0.3 metres.
4.9.3
In the case of Height of Fences, the Development Officer may grant the following
Variances for Fences:
a)
residential Zones - not more than 0.3 metres; and
b)
all other Zones - not more than 0.6 metres.
4.10
Fees
Each application for a Development Permit shall be accompanied by a fee as determined in the
current Consolidated Rates and Fees Bylaw, as amended or its successors.
4.11
Notification of Decision
4.11.1
The notice of decision shall include:
a)
decision made by the Development Officer;
b)
date on which the decision was made;
c)
applicable Development appeal body;
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Part Four - Development Permit Process
35
d)
deadline for appeal; and,
e)
any conditions.
4.11.2
When a Development Permit has been approved, the Development Officer shall, as
soon as possible:
a)
provide a notice of decision to the Applicant;
b)
post a notice of decision on the Site for which the application has been made; and
c)
post a notice of the decision on the Town's website, stating the location of the Site
for which the application has been made and the Use approved for the Lot.
4.11.3
When an application for a Development Permit is refused, the notice of decision
shall include the reasons for refusal.
4.11.4
When the Development Officer refuses an application for a Development Permit,
the Development Officer shall, as soon as possible:
a)
Provide a notice of decision in writing to the Applicant; and,
b)
Post a notice of the decision on the Town's website, and any other public location
the Development Officer deems necessary.
4.11.5
In accordance with Section 14(2) of the Act the Development Officer must give notice
of the application for Development Permits for a Discretionary Use to owners and
lessees within 30 metres of the property's boundary.
4.12
Conditions
4.12.1
A Development Permit is valid for a period of two years from its date of issue.
4.12.2
Notwithstanding Section 4.12.1, if the Development authorized by a Development
Permit is not commenced within 12 months from the date of its issue, the Permit is
deemed to be void.
4.12.3
The Development Officer may impose, with respect to a Permitted Use, such
conditions as are required to ensure complete compliance with this Bylaw.
4.12.4
Council shall, with respect to a Discretionary Use, impose such conditions as deemed
appropriate to ensure complete compliance with the regulations of this Bylaw and
the provisions of the Community Plan.
4.12.5
A condition for a Discretionary Use may impose a time limit on the Development or
Use.
4.12.6
The Development Officer may, as a condition of issuing a Development Permit,
require the Applicant to:
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36
a)
make satisfactory arrangements for the supply of water, electric power, sewer
service, vehicular and pedestrian access, or any of them, including payment of the
costs of installation or constructing any such utility or facility by the Applicant;
b)
provide evidence that design documents have been submitted and reviewed by
the Office of the Fire Marshal of the NWT for all Development other than Single
Dwelling Units and Accessory Uses.
c)
provide evidence that a Fire Safety Plan, prepared in accordance with Section 7.17
(Fire Protection and Access to Fire Suppression Systems) and Section 7.18 (Wildfire
Hazard Protection and Mitigation), has been submitted to the Office of the Fire
Marshal, and to provide a copy of the Fire Safety Plan;
d)
provide evidence of Site investigations by a qualified professional engineer to
determine the suitability of the Site for the intended Development;
e)
provide evidence that a Building, including its foundations, will be designed in
accordance with the National Building Code of Canada and, if applicable, the NISI
Standards;
f)
provide a traffic study completed by a qualified professional;
g)
provide an Environmental Assessment completed by a qualified professional to
identify risks and mitigation measures relevant to the proposed Development;
h)
provide evidence of compliance with any other relevant Municipal Bylaws,
Federal, or Territorial legislation; or
i)
enter into an agreement or an interim agreement (which shall be attached to and
form part of such Development Permit) to do any or all of the following:
i
prior to occupancy, provide proof that inspections have been carried out and
the Development is found to be ready for occupancy by authorities or utility
providers;
ii
construct, or pay for the construction of, a Public Roadway required to give
access to the Development;
iii
construct, or pay for the construction of, a pedestrian walkway;
iv
specify the location and number of vehicular and pedestrian access points to
Sites from Public Roadways;
v
install, or pay for the installation of, utilities that are necessary to serve the
Development;
vi
construct, or pay for the construction of, Off-Street or other Parking Spaces
and facilities, or loading and unloading facilities;
vii repair or reinstate, or to pay for the repair or reinstatement to original
condition, any infrastructure, Street furniture, curbing, sidewalk, boulevard,
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Part Four - Development Permit Process
37
Landscaping and tree planting which may be damaged, destroyed, or
otherwise harmed by Development or building operations upon the Site; or,
viii register a caveat against the title of any agreement entered into.
4.13
Development Agreements
4.13.1
As a condition of Development Permit approval, the Development Officer may
require that the Applicant enter into a Development Agreement with the Town,
which, in addition to other matters, may require the Applicant:
a)
construct or pay for the construction of any or all of:
i
Road required to give Access to the Development;
ii
pedestrian walkway system to serve the Development or to give Access to an
adjacent Development;
iii
required water, sewer, and power supply;
iv
bear-proof waste bins;
v
required Off-Street Parking and loading facilities;
vi
Street lighting;
vii required Landscaping of the Site and any adjoining Site; or,
viii required Municipal Services easements to the Site.
b)
repair or reinstate, to original condition, any Street furniture, curbing, sidewalk,
boulevard, Landscaping, or trees which may be damaged, destroyed or otherwise
harmed by Development or building operations on a Lot;
c)
provide an irrevocable letter of credit, or other form of security acceptable to the
Development Officer, with a clause specifying automatic term renewal or other
form of security acceptable to the Development Officer, to guarantee
performance of the conditions of a Development Permit or Development
Agreement; and,
d)
enter into an agreement requiring Subdivision or consolidation of Lots.
4.13.2
To ensure compliance with a Development Agreement, the Town may register a
Development Agreement as a caveat against the Lot being developed, which shall be
discharged upon the terms of the agreement being met.
4.14
Extension of Development Permit
4.14.1
Where a Development cannot be completed in the timeline required under the
Development Permit, the Applicant may make a request for extension to the
Development Officer in writing stating reasons for extensions.
4.14.2
The Development Officer may extend a Development Permit at their discretion,
having regard for:
Zoning Bylaw #1063
Part Four - Development Permit Process
38
a)
weather impacts on construction timelines;
b)
other unforeseen impacts on construction timelines;
c)
Applicant's intent to complete the Development; and,
d)
any other factor where, in the opinion of the Development Officer, that has or will
impact the ability for the Applicant to complete the Development.
4.14.3
Extensions granted by the Development Officer shall be for a maximum of 6 months
and may require an additional review fee calculated at 50% of the original
application fee for each request. The number of requests granted and the review
fee will be at the discretion of the Development Officer.
4.14.4
Where a Development cannot be completed in the timeline provided by the
extension, the Development Permit shall be considered to have lapsed and the
Development Officer shall require a new Development Permit application for any
subsequent Development on the Site.
4.14.5
If a Development has started, but not completed in the timeline provided, and no
extension request has been made, the Development Permit will be considered to be
in contravention, and the Development Officer may issue a written order as per
Section 57 (2) of the Act and Section 6.1 of this Bylaw.
4.15
Suspending or Revoking a Development Permit
4.15.1
The Development Officer may cancel, suspend, or modify an approved Development
Permit by written notice to the holder of the Development Permit when:
a)
the Development application contained a misrepresentation;
b)
facts concerning the Development Permit application, or the Development, were
not disclosed at the time the application was considered;
c)
the Development Permit was issued in error;
d)
the Development does not match what was approved in the Development Permit
or,
e)
the owner requests cancellation of the Development Permit in writing.
4.15.2
Written notice stating that the Development Permit has been cancelled, suspended,
or modified shall be sent by registered mail to the owner and/or occupant of the
property affected, and to any contractor engaged in the Development.
4.15.3
Written notice shall state:
a)
the grounds for the cancellation, suspension, or modification; and,
b)
the conditions that must be met for a suspended Development Permit to be
reinstated, including appeal.
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39
4.16
Amending a Development Permit
4.16.1
Where an amendment to a Development Permit application is required as a result of
a change in the proposed Development, the Applicant may request an amendment
to a Development Permit currently under review by the Development Officer.
4.16.2
Requests for revised Development Permits may require an additional review fee
calculated at 50% of the original application fee, at the Discretion of the
Development Officer.
4.16.3
In considering Requests for revised Development Permits, the Development Officer
shall consider the
a)
scope of any changes;
b)
design changes of the proposed Building;
c)
location of the proposed Building; and,
d)
any changed Uses.
4.16.4
Where changes to Developments are considered significant enough to require a
complete re-review of the Development Permit, the Development Officer may
require a new Development Permit to be applied for, including a full or partial
application fee, at the Discretion of the Development Officer.
4.16.5
Where an amendment to an approved Development Permit is required as a result of
a change in the proposed Development, the person whose name the Development
Permit was issued in, or the landowner, may request an amendment to the
approved Development Permit.
4.16.6
At the discretion of the Development Officer, applications for amendments to
approved Development Permits may require updated or new submissions, including
a new fee.
4.16.7
In considering proposed amendments to an approved Development Permit, the
Development Officer shall consider:
a)
if the amendment complies with all applicable regulations of this Bylaw;
b)
the amendment complies with all applicable Municipal Bylaws, and Territorial or
Federal regulations; and,
c)
the amendment is directly related to the Uses and conditions of the effective
Development Permit.
4.16.8
Any changes to an approved Development Permit that require a new Variance or a
Change in Use require a new Development Permit application.
Zoning Bylaw #1063
Part Four - Development Permit Process
40
4.16.9
Where a Development does not follow an approved Development Permit and the
person whose name the Development Permit was issued in, or the landowner, does
not request an amendment to the approved Development Permit, the Development
will be in contravention according to Section 6.1.1 of this Bylaw.
Zoning Bylaw #1063
Part Five - Appeals
41
5.0
Part Five - Appeals
5.1
Appeal Procedure
5.1.1
An appeal may be made to the Development Appeal Board by any person affected
by an order or decision, where a Development Officer:
a)
refuses or fails to issue a Development Permit to a person within 40 days of
receipt of the application;
b)
issues a Development Permit with or without conditions; or,
c)
issues an order under Section 57 of the Act.
5.1.2
In accordance with Section 62(1) of the Act, a person other than an Applicant for a
Development Permit may only appeal to the Development Appeal Board in respect
of an approval of an application for a Development Permit on the grounds that the
person is adversely affected and:
a)
there was a misapplication of a Zoning Bylaw in the approval of the application.
b)
the proposed Development contravenes the Bylaw, the Community Plan, or an
Area Development Plan;
c)
the Development Permit relates to the Use of land or a Building that had been
Permitted at the discretion of a Development Officer;
d)
the application for the Development Permit had been approved on the basis that
the specific use of land or the Building was similar in character and purpose to
another use that was included in a Zoning Bylaw for that Zone;
e)
the application for the Development Permit had been approved under
circumstances where the proposed Development did not fully conform with the
Zoning Bylaw; or,
f)
the Development Permit relates to a Non-Conforming Building or Non-Conforming
Use.
5.1.3
An appeal shall be made by serving a written notice of appeal to the Secretary of the
Development Appeal Board within 14 days after the day the application for the
Development Permit is approved, or the order of the Development Officer is served
in person, pursuant to Sections 62 and 63 of the Act.
5.1.4
The notice of appeal must:
a)
state the reason(s) for appeal;
b)
summarize the supporting facts for each reason for appeal;
c)
indicate the relief sought; and,
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42
d)
provide the necessary fee as determined in the current Consolidated Rates and
Fees Bylaw, as amended or its successors.
5.1.5
Where an appeal is made, a Development Permit that has been granted shall not
come into effect until the appeal has been determined, and the permit may be
affirmed, modified, or nullified.
5.2
Public Hearing
5.2.1
Within 30 days of receipt of a notice of appeal, the Board shall hold a public hearing
respecting the appeal.
5.2.2
The Development Appeal Board shall give at least five days' notice in writing of the
public hearing to:
a)
the Appellant;
b)
the Development Officer or Council from whose order, decision or Development
Permit the appeal is made;
c)
owners or lessees of land within 30 metres of the boundary of the land in respect
of which the appeal relates;
d)
any other person who, in the opinion of the Development Appeal Board, is
affected by the order, decision, or permit; and,
e)
any such other persons as the Development Appeal Board specifies.
5.2.3
The Development Appeal Board shall make available for public inspection before the
commencement of the public hearing all relevant documents and materials
respecting the appeal, including:
a)
the application for the Development Permit, its disposition (approval, refusal,
approval with conditions), and the appeal thereof; or,
b)
the order of the Development Officer, as the case may be.
5.2.4
At the public hearing referred to in Section 5.2.1, the Development Appeal Board
shall hear:
a)
the Appellant or any person acting on his behalf;
b)
the Development Officer, from whose order, decision or Development Permit the
appeal is made, or a person is designated to act on behalf of the Development
Officer;
c)
any other person who was served with notice of the hearing and who wishes to be
heard or a person acting on their behalf; and,
d)
any other person who claims to be affected by the order, decision or permit and
that the Development Appeal Board agrees to hear or a person acting on their
behalf.
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43
5.3
Decision
5.3.1
The Development Appeal Board shall give its decision in writing to the Appellant
together with reasons for the decision within 60 days of the conclusion of the
hearing. No decision shall be incompatible with the Community Plan.
5.3.2
A decision made under this part of the Bylaw is final and binding on all parties and all
persons, subject only to an appeal upon a question of jurisdiction or law pursuant to
Sections 69 and 70 of the Act.
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Part Six - Enforcement and Administration
44
6.0
Part Six - Enforcement and Administration
6.1
Contravention, Enforcement and Penalties
6.1.1
Where a Development or Use of land, Buildings or Structure is not in accordance
with this Bylaw a Development Officer may, by written notice either served
personally or sent by registered mail to the owner and/or occupant of the property
affected, and to any contractor engaged in the work, require the removal,
demolition or Alteration of the Structure, the filling in of the excavation, the
restoration of the contours and natural features of the site, or the cessation of the
work or the use to which the land or Structure is being put, as the case may be.
6.1.2
The notice referred to in Section 6.1.1 shall state:
a)
the grounds on which the removal, demolition, Alteration, filling in, or cessation of
work and use is required; and
b)
that the requirements of the notice be met not more than sixty (60) days from the
date of the serving or sending of the notice.
6.1.3
Where the owner, occupant or contractor engaged in work on the property to
whom the notice is given pursuant to Section 6.1.2 fails to comply with the
requirements of the notice, Council by its official may enter upon the property and
carry out or effect such removal, demolition, Alteration, filling in or cessation of use
as the notice requires to be done or effected, and may recover the expense thereof
from the owner by action.
6.1.4
The expense referred to in Section 6.1.3 until paid by the owner is a charge and lien
upon the property in respect of which the notice was given.
6.1.5
A Development Permit may be reinstated by the Development Officer where a
notice has been served if the permittee gives a guarantee accompanied by a bond or
certified cheque to assure the Development Officer that the breach will be remedied
in such time as the Development Officer may prescribe.
6.1.6
A corporation or person who commences a Development and fails to obtain a
Development Permit; or comply with a condition of a Development Permit granted
under this Bylaw, is guilty of an offence under Section 77 of the Act and will be liable
on summary conviction:
a)
in the case of a corporation, to a fine not exceeding $100,000 and to a further fine
not exceeding $5,000 each day or part of a day during which the offence
continues; and
b)
in the case of an individual:
Zoning Bylaw #1063
Part Six - Enforcement and Administration
45
i
to a fine not exceeding $5,000 and, in addition, to a fine not exceeding
$1,000 for every day the offence continues
ii
to imprisonment for a term of not exceeding six months in default of
payment of the fine.
c)
in default of payment of a fine under subsection (a), to imprisonment for a term
not exceeding six months.
6.1.7
When a person is convicted under the Act of having undertaken or Permitted a
Development that contravenes any Bylaw or Development Permit, the Council may
file a notification of the illegal Development against the title to the affected land in
the Land Titles Office.
6.1.8
The conviction of a person under this section does not restrict further prosecution
under this section for the continued neglect or failure on the part of the person to
comply with the Zoning Bylaw, Development Permit, or Subdivision Approval.
6.1.9
Council may exercise its powers for the purposes of enforcing this Bylaw and/or may
authorize the Development Officer to act on behalf of Council, pursuant to Sections
54 through 58 of the Act.
6.1.10
Council, if informed of the contravention of this Bylaw, or on its own initiative
without such information, may authorize that action be taken to enforce this Bylaw.
Such action may include an application to the Court for an Injunction or other Order
to restrain the contravention.
6.2
Right to Enter
6.2.1
Where a person fails or refuses to comply with an order directed to him/her within
the specified time, Council or a person appointed by Council may, in accordance
with Sections 54 through 56 of the Act, enter upon the land or building and take any
necessary action to carry out the order.
6.2.2
Where Council, or a person appointed by Council, carries out an order, Council shall
recover any costs incurred in carrying out the order from the owner. Any expenses,
until paid by the owner, are a charge and lien upon the property in respect of which
the notice was given.
6.2.3
Where a person fails or refuses to comply with an order to permit entry upon the
land or building, they shall be guilty of an offence as defined under Section 56 of the
Act and be liable to a fine or to imprisonment.
6.2.4
A Development Officer or other authorized officer may also enter any land or
building to inspect compliance with the Zoning By-law, in accordance with Section 54
of the Act.
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46
6.3
Application to Amend Bylaw
6.3.1
A person may apply to have this Bylaw amended by applying in writing, furnishing
reasons in support of the application and paying the fee required under the current
Consolidated Rates and Fees Bylaw as amended or its successors.
6.3.2
Council may at any time initiate an amendment to this Bylaw by directing the
Development Officer to initiate an application.
6.3.3
All applications for amendment to the Zoning Bylaw shall be made in writing to
Council on the approved form and accompanied by the following, namely:
a)
a certificate of title of the land affected or other documents satisfactory to the
Development Officer indicating the Applicant's interest in the said land;
b)
all drawings required to be submitted shall be drawn on standard drafting material
to the satisfaction of the Development Officer and shall be fully dimensioned,
accurately figured, explicit and complete; and,
6.4
Amending Bylaws
All amendments to this Bylaw shall be made by Council by Bylaw and in conformance with
Sections 13, 15, and 17 of the Act.
Zoning Bylaw #1063
Part Seven - Development Standards
47
7.0
Part Seven - Development Standards
7.1
General Development Standards
7.1.1
With the approval of the Council, Development may be Permitted in any Zone on a
lot which is substandard in terms of width, depth or area, provided that such a lot
was legally registered and existing at the time of final adoption of this Bylaw, and
provided the Development meets all other requirements of this Bylaw regarding the
Zone.
7.1.2
All Development must meet the requirements of the most recent editions of the
National Building Code, the NISI Standards if applicable, the National Fire Code, the
Territorial Fire Prevention Act, the Territorial Fire Marshal's Technical Bulletins, and
any engineering standards set by the Town.
7.1.3
All Factory Built Dwellings Shall have Canadian Standards Association (CSA)
Certification and be installed in accordance with CSA Standards.
7.1.4
Where in any Zone a Lot has more than one frontage, the Front Yard requirements
for that Zone shall apply to only one front lot line, which may be at the discretion of
the Development Officer or Council.
7.1.5
Unless otherwise specifically provided for in this Bylaw, no more than one (1) Single
Dwelling Unit is Permitted on a single Lot in any Zone.
7.1.6
The following features may project into a required Yard:
a)
verandas, porches, eaves, bay windows, chimneys constructed of non-combustible
material, sills, balconies, together with any other architectural features which, in
the opinion of the Development Officer, are of a similar character, provided such
projections do not exceed 0.5 metres, unless otherwise approved by the
Development Officer;
b)
unenclosed steps, without a roof, and fire-escapes;
c)
an open terrace or patio at grade in any Yard in a residential Zone; and
d)
any Loading Space required under this Bylaw.
7.1.7
The location of any access onto a lot shall be approved before installation to the
satisfaction of the Development Officer to ensure proper drainage is maintained.
7.2
Lot Servicing
7.2.1
All new Development Permit applications must demonstrate, to the satisfaction of
the Development Officer, adequate:
a)
water supply and distribution;
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b)
electricity connections and services;
c)
sanitary sewer collection and disposal;
d)
Street access; and,
e)
any other services and facilities, including the payment of costs for installing any
such service or facility.
7.2.2
Water and Sewer services shall be provided in accordance with the current Water
and Sewer Bylaw as amended or its successors.
7.3
Moving Buildings
A Development Permit shall be required for moving Buildings in accordance with Section 4.5.
7.3.1
No person shall move a Building or Structure, including Factory Built Dwelling, larger
than 10.0 square metres (150 square feet) within, into or out of the Town without an
approved Development Permit.
7.3.2
The Development Officer may refuse to issue a Permit for the moving of a Building
or Structure if the Building or Structure would fail to conform to the requirements of
the Zone in which it is proposed to be moved.
7.3.3
The Development Officer may, as a condition of a Development Permit, require
certain renovations and Alterations so that the Building will conform with the
requirements of this Bylaw and any other Municipal Bylaws, Territorial or Federal
legislation.
7.3.4
The Development Officer may require the Applicant or owner to provide a security
to ensure that the move is completed within a specified time period.
7.3.5
Any outdoor lighting for any Development shall be located and arranged so that no
direct rays of light are directed onto any adjoining properties or interfere with any
traffic control devices.
7.4
Grade, Soils and Drainage
7.4.1
The finished Lot Grades shall slope negatively away from the Structure, generally
equivalent to a minimum of 2% where practical, to direct surface water away from
the foundation.
7.4.2
All Lot drainage shall meet the satisfaction of the Development Officer.
7.4.3
No Development shall be Permitted unless the surface and subsoil of the land allows
for proper drainage and the stability of the Buildings and Structures to be built can
be assured, to the satisfaction of the Development Officer.
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7.5
Airport Protection
No Development shall be allowed that jeopardizes the safety or diminishes the current
operation and status of the Airport, by reason of smoke, ash, steam, height, or electronic
interference with aviation communication and guidance equipment. All Development shall be
subject to the policies, regulations, and standards established by the Department of
Transportation, Arctic Airports Division, Government of the Northwest Territories, and Transport
Canada Regulations.
7.6
Accessory Buildings
7.6.1
Where any Building or Structure on a Site is Attached to a Principal Building in any
way, it shall be deemed to be part of the Principal Building and not an Accessory
Building.
7.6.2
Side and Rear Yard provisions for Accessory Buildings are reduced to not less than
1.0 metres, providing that overhanging eaves shall not be less than 0.6 metres from
any Lot Line and the Accessory Structure shall not be in front of the Principal
Building.
7.6.3
Accessory Buildings are to be sited a minimum of 3.0 metres from any other
Building, including the Principal Building on Site, provided there is not a greater
separation distance specified in the National Building Code of Canada.
7.6.4
The exterior building materials of the proposed Accessory Building must meet the
standards of the National Building Code and the National Fire Code.
7.6.5
Site coverage of all Accessory Buildings shall not exceed 12% of the Site Area.
7.6.6
The overall height of an Accessory Building measured to the peak of the roof shall
not exceed 10.0 metres or the height of the Principal Building, whichever is less.
7.6.7
With the exception of Caretaker Units, no Accessory Building shall be used for
human habitation.
7.6.8
Shipping Containers (SeaCans) will be Permitted as an Accessory Building in Zones,
but with restrictions as follows:
a)
a maximum of one (1) Shipping Container (SeaCans) no larger than 2.35 metres x
6.0 square metres (20 ft Container), and it must be located in the Rear Yard in Lot
Zoned R1- Low Density Residential, or R2- Medium Density Residential;
b)
a maximum of two (2) Shipping Containers (SeaCans) no larger than 2.35 meters x
12.0 metres (20 ft Container). The Shipping Containers must be located in the Rear
Yard in Lot Zoned RC -Country Residential, and shall not be stacked;
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c)
a maximum of three (3) Shipping Container (SeaCans) no larger than 2.35 metres x
12.0 metres (40 ft container) on Lots Zoned GC- General Commercial or ID-
Industrial. The Shipping Containers shall not be stacked;
d)
containers must be maintained in accordance with current Town bylaws as
amended or its successors.
7.6.9
Shipping Containers (SeaCans) do not require a Development Permit in the IN-
Industrial Zone.
7.6.10
Shipping Containers (SeaCans) are not Permitted in the TC-Town Centre Zone.
7.7
Mixed-Use Buildings
7.7.1
A Mixed-Use Building may be occupied by a combination of one (1) or more Uses
listed in a Zone, at the discretion of the Development Officer.
7.7.2
Each Use within a Mixed-Use Building shall be considered a separate Use.
7.7.3
Dwelling Units in a Mixed-Use Building must be located above or behind the non-
residential Use(s).
7.7.4
Each individual Dwelling Unit in a Mixed-Use Building shall have an entrance
separate from the non-residential Use(s), with each Dwelling Unit having indirect
(such as via a hallway) or direct access.
7.7.5
Notwithstanding Section 7.7.4, Mixed-Use Buildings that consist of Hotels or Motels
and Multiple-Dwelling Units may have Dwelling Units located on a separate floor
from the Use with access from a private or public elevator or stairwell.
7.8
Corner Visibility Triangle
7.8.1
Fences, vegetation, Buildings, Signs, or Structures shall not exceed a Height of
1.0 metre within the corner visibility triangle.
7.8.2
The corner visibility triangle shall be measured where two Roads meet, typically at a
right angle to form a triangle with two equal sides 7.5 metres in length.
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Figure 1: Corner Visibility Triangle
7.9
Fences
7.9.1
All Fences must be constructed on or within the legal boundaries of the property for
which it is being constructed.
7.9.2
All Fences must be:
a)
stable;
b)
vertical;
c)
made of materials of good quality that can withstand the weather, considering the
northern climate;
d)
suitable for the purpose; and
e)
constructed and supported in a manner corresponding with the design of the
entire Fence.
7.9.3
No Fence, or other Screening in a Residential Zone shall be:
a)
higher than 2.0 metres on the Side and Rear Yards to be measured as the average
elevation from the ground to the top of the Fence; or,
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b)
higher than 1.0 metre in the Front Yards.
7.9.4
No Fence or other Screening shall be more than 1.0 metre high within 7.5 metres of
the intersection of Streets measured at the Lot Line.
7.9.5
No Fence or other Screening will be:
a)
wholly or partially constructed of barbed wire or any other sharp material;
b)
made of readily degradable plastics such as tarps, snow Fence or other similar
material; and
c)
contains a device for projecting an electric current. This does not apply to the CR-
Country Residential Zone.
7.9.6
Fences must be maintained in accordance with the current Unsightly Lands Bylaw as
amended or its successors.
7.10
Landscaping
7.10.1
Landscaping may consist of hard or soft Landscaping or a combination of both.
7.10.2
As a condition of the Development Permit, and to the satisfaction of the
Development Officer, all Landscaping and planting must be carried out (weather
permitting) within eighteen months of occupancy or commencement of operation of
the proposed Development.
7.10.3
Areas dedicated as Landscaping cannot be used for vehicle parking.
7.10.4
At the discretion of the Development Officer, an area of a Site may be left in its
natural state and considered as Landscaping, if it is of the opinion of the
Development Officer that the natural state of the Site would enhance the
Development and is in line with FireSmart principles.
Table 7-1: Landscaping Regulations
Zones
Landscaped Area (minimum)
R1- Low-
Density
Residential
a)
A minimum of 100% of the minimum Front Yard areas shall be
Landscaped.
b)
Required Landscape areas must be covered with either seed/sod, paving
stones, walkways or other Landscaping materials.
c)
Retention and preservation of existing deciduous vegetation is
encouraged.
d)
Landscape areas must follow current FireSmart principles.
R2- Medium-
Density
Residential
a)
A minimum of 100% of the residual area shall be Landscaped.
b)
Required Landscape areas must be covered with either seed/sod, paving
stones, walkways or other Landscaping materials.
Zoning Bylaw #1063
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Zones
Landscaped Area (minimum)
c)
Retention and preservation of existing deciduous vegetation is
encouraged.
d)
Landscape areas must follow current FireSmart principles.
RC- Country
Residential
a)
Retention and preservation of existing deciduous vegetation is
encouraged.
b)
Landscape Areas must follow current FireSmart principles.
TC- Town
Centre
a)
A minimum of 10% of the residual area should be Landscaped.
b)
Where the required Landscaping is not viable on the proposed Site, the
placement of potted plants, public art, specialty lighting or other items
that can be located facing Public Roadways may be considered.
c)
Landscape Areas must follow current FireSmart principles.
IS-
Institutional
a)
100% of the residual area shall be Landscaped with surface coverage,
which could be grass/sod, or other natural deciduous vegetation.
b)
Landscape Areas must follow current FireSmart principles.
ID- Industrial
a)
Buffering of the Front Yard and any Side or Rear Yards that face a Public
Roadway is required.
b)
Retention of existing natural deciduous vegetation is encouraged.
c)
The Site Area must follow current FireSmart principles.
7.11
Screening
7.11.1
A non-residential Lot that shares a boundary line with a residential Lot shall provide
Screening to the satisfaction of the Development Officer.
7.11.2
Screening requirements may be met through:
a)
Fencing;
b)
Berms;
c)
deciduous trees
d)
hedges or other Landscaping; or,
e)
A combination thereof, to the satisfaction of the Development Officer.
7.12
Sign Regulations
7.12.1
Application for a Development Permit for all signs exceeding 0.4 square meters in
area shall be made to the Development Officer. The application shall be:
a)
on the Form provided by the Development Officer; and
b)
supported by two copies of drawings drawn to scale, showing the location of the
sign, the overall dimensions of the sign, the size of the letters or letter, the
amount of projection from the face of the building, the height of the sign above
Zoning Bylaw #1063
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54
average ground level at the face of the building, and the manner of illuminating
the sign, including any form of animated or intermittent lights.
7.12.2
No person shall erect or place a sign differing from the sign for which a Development
Permit has been issued.
7.12.3
No sign shall be Permitted in a public right-of-way.
7.12.4
No sign shall be erected so as to obstruct free and clear vision of vehicular traffic or
at any location where it may interfere with, or be confused with, any authorized
traffic sign, signal or device.
7.12.5
All signs must be maintained in a satisfactory manner, or notice will be served to
perform the necessary repairs or remove the sign(s) within 30 days.
7.12.6
Posters and free-standing portable signs relating specifically to a pending election
are exempt, provided that such posters shall be removed within fourteen days after
the election.
7.12.7
Free-standing portable signs not related to a pending election are exempt, provided
that:
a)
any sign shall be placed wholly within the property lines;
b)
the overall height shall not be greater than 2.0 metres above ground level; and
c)
the maximum area of the sign shall not exceed 1.0 square metres.
7.12.8
Free-standing signs shall only be Permitted in TC- Town Centre, GC-General
Commercial, IS-Institutional, and ID- Industrial Zones. All free-standing signs shall be
erected so that:
a)
no part of the sign, excluding that portion which is used for support and which is
free of advertising, shall be less than 3.0 metres, nor more than 5.0 metres above
ground or sidewalk Grade;
b)
no part of the sign shall project beyond the property line;
c)
the area of the sign shall not exceed a maximum of 8.0 square metres, excluding
the support, provided that it is free of advertising;
d)
there shall not be more than one free-standing sign for each business.
7.12.9
Billboards are prohibited.
7.12.10
Fascia signs shall only be Permitted in TC- Town Centre, GC-General Commercial, IS-
Institutional, and ID- Industrial Zones. All fascia signs shall be erected so that they:
a)
do not project more than 0.3 metres above the top of the vertical face of the wall
to which they are Attached; and
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b)
do not exceed in area the equivalent of 25% of the surface area of the wall on
which it is Attached.
7.12.11
On commercial and industrial buildings, which are Non-conforming uses in areas
Zoned residential, fascia signs shall be considered by the Development Officer
according to the merits of the individual application.
7.12.12
On neighbourhood convenience stores in areas Zoned residential, fascia signs shall
be considered by the Development Officer according to the merits of the individual
application.
7.12.13
Marquee and canopy signs shall be considered as fascia signs according to the
provisions of Section 6.6(11), provided that:
a)
no portion of the sign shall project below the bottom edge, or more than 0.5
metres above the top edge, of the marquee or canopy; and
b)
a sign not exceeding 0.3 metres by 1.2 metres in outside dimensions may be
suspended below a marquee or canopy, provided no part of the sign shall be
closer than 2.4 metres to the ground or sidewalk.
7.12.14
Roof signs shall be considered as fascia signs according to the provisions of Section
6.6(11), where the following conditions are met:
a)
no additional supporting wires or stays shall be Attached to the roof; and
b)
no portion of a sign shall project more than 0.5 metres above the roof.
7.12.15
Projecting signs shall only be Permitted in the TC- Town Centre and GC- General
Commercial Zones. Projecting signs do not require a Development Permit, but shall
be erected so that:
a)
no part of the sign shall be less than 3.0 metres above the ground or sidewalk
Grade;
b)
no part of the sign shall project more than 0.5 metres above the top of the vertical
face of the wall to which it is Attached;
c)
the space between the sign and supporting Structure shall not be more than 0.6
metres;
d)
there shall be only one projecting sign for each business; and
e)
the Permitted area of the sign shall be related to the amount of projection from
the face of the building, as follows:
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Part Seven - Development Standards
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Table 7-2: Permitted Sign Projection to Area Ratio
Amount of Projection
Maximum Area of Sign
1.8 m
3.3 sq. m
1.5 m
4.5 sq. m
1.2 m
5.6 sq. m
.09 m or less
7.0 sq. m
7.13
Parking Requirements
7.13.1
An Off-Street Parking Area:
a)
shall not be located within 1.0 metre of a lot line common to the lot and to a
Street;
b)
shall be constructed so that access to and from each stall is to be provided at all
times by means of a driveway or maneuvering aisles designed to the satisfaction
of the Development Officer;
c)
may be provided on land other than the property being developed, in accordance
with Section 18(2) of Act; and,
d)
may be provided in whole or in part off-Site.
7.13.2
Every Off-Street Parking Space and its access in the Institutional, and the Town
Centre Zones must be Hard Surfaced if the access is from a Street or lane that is
Hard Surfaced. If the access Street or lane is not Hard Surfaced, the Parking Area
must be surfaced with a gravel mixture in accordance with applicable Town
engineering standards.
7.13.3
The minimum dimensions of a Parking Space shall be 2.6 metres by 5.5 metres.
7.13.4
Each Parking Area shall be so graded and drained as to direct all storm water runoff
in accordance with a drainage plan for the Site.
7.13.5
It is the sole responsibility of property owners to construct and maintain Road access
between their property line and the travelled portion of the Street right-of-way, to
the satisfaction of the Development Officer.
7.13.6
The minimum number of Off-Street Parking Spaces required for each building class
shall be as shown in the table below, with the following clarifications:
a)
in the case of a use not specifically mentioned, the required number of Off-Street
Parking Spaces shall be the same as for a Similar Use as determined by Council.
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For a Mixed-Use Development, the required number of spaces shall be the sum of
the requirements for each use.
b)
where the calculation of Parking Spaces for the Development results in a fractional
requirement, the total requirement shall be rounded up to the next whole
number.
Table 7-3 Required number of On-Site Parking Spaces
Use
Minimum Number of On-Site Parking Stalls
Required
Single Detached and Duplex Dwelling
1.0 per Dwelling Unit
Factory-Built Dwellings
1.0 per Dwelling Unit
Secondary Suite Dwelling
1.0 in addition to the Parking Space required for
the Principal Dwelling Unit
Multiple Unit Dwelling
1.0 per Dwelling Unit
Caretakers Unit Dwelling
1.0 per Dwelling Unit
Bed and Breakfast
1.0 per each rentable guest room
Retail, Store, Cannabis, Liquor,
Neighbourhood Convenience,
the greater of 3.0 spaces or 1.0 per 35.0 m sq.m of
Gross Floor Area
Fitness Studio, Personal services
Establishment, Offices,
the greater of 3.0 spaces or 1.0 per 35.0 m sq.m of
Gross Floor Area
Establishment, Eating and Drinking,
Establishment, Entertainment
the greater of 3.0 spaces or 1.0 per 35.0 m sq.m of
Gross Floor Area
Brewery and/or Distillery
the greater of 3.0 spaces or 1.0 per 35.0 m sq.m of
Gross Floor Area
Hotels and Motels
1.0 per sleeping unit
Day Cares
the greater of 3.0 spaces or 1.0 per 35.0 m sq.m of
Gross Floor Area
Places of Worship, Public Assembly,
Recreation Facility, Funeral Parlour
the greater of 3.0 spaces or 1.0 per 35.0 m sq.m of
Gross Floor Area
Manufacturing Facility, Cannabis
Production, Outdoor Storage Area,
Public Utility,
1.0 per building on Site
Commercial Greenhouse
the greater of 3.0 spaces or 1.0 per 35.0 m sq.m of
Gross Floor Area
Institution
3.0 per classroom
Health Centre, Assisted Living Facilities,
Veterinary Clinic
the greater of 3.0 spaces or 1.0 per 35.0 m sq.m of
Gross Floor Area
Zoning Bylaw #1063
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7.14
Off-Street Loading Spaces
7.14.1
Unless otherwise allowed by Council, all uses except residential buildings with less
than 15 Dwelling Units shall have at least one Off-Street loading and unloading Space
with a minimum of one space for each loading door.
7.14.2
A Development shall:
a)
Provide vehicular access to and exit from a Street or lane such that no backing or
turning movements of vehicles going to or from the Site cause interference with
traffic in the abutting Streets or lanes.
7.14.3
Loading Spaces shall comply with the following minimum dimensions:
a)
3.0 metres in width;
b)
7.6 metres in length; and,
c)
4.3 metres in Height.
7.15
Queuing Lanes and Spaces
7.15.1
Uses with drive-through facilities shall provide at least five queuing spaces on-Site.
7.15.2
Queuing spaces shall comply with the following minimum dimensions:
a)
3.0 metres in width; and,
b)
6.4 metres in length.
7.15.3
Queuing lanes associated with a drive-through Use that borders a residential Lot
shall be Screened to the satisfaction of the Development Officer.
7.15.4
Queuing lanes must not interfere with pedestrian crossings, vehicle parking, or
access to the Site.
7.16
Temporary Use
Temporary Uses include those activities where there is a Temporary Use or the placement of a
Building or Structure, including tents.
7.16.1
Temporary Use activities shall be developed and conducted in accordance with the
following standards:
a)
no new permanent Building, Structure or Development shall be Permitted in
conjunction with the activities;
b)
all Buildings, Structures or Development put in place for the Temporary Use shall
be removed immediately following the end of the activity, completion of the
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approved time period, or revocation of a Development Permit, whichever occurs
first;
c)
all Temporary Uses require a Development Permit, unless they do not require a
Development Permit as per Section 4.2 of this Bylaw.
7.16.2
No Temporary Use, Building or Structure shall occur for a maximum period longer
than eight (8) months, unless at the discretion of the Development Officer.
7.16.3
If the Temporary Use, Building or Structure lasts longer than eight (8) months, the
Temporary Use must be a Permitted or Discretionary Use in the Zone where the
Temporary Use is located.
7.16.4
Temporary Use, Buildings or Structures shall not cause permanent damage or Alter
natural vegetation or features.
7.16.5
The Development Officer may:
a)
attach any condition deemed necessary to ensure that the Temporary Use is
removed, and the Lot restored to its pre-activity condition;
b)
require a Development Agreement and a security deposit to cover the cost of
restoring the Lot if the Temporary Use is not properly removed;
c)
revoke a Development Permit issued for a Temporary Use at any time if it is
deemed that the activity is detrimental to the area or Town at large; and
d)
adjust the time period for a Temporary Use if circumstances warrant an
adjustment.
7.16.6
A Temporary Use does not include a Temporary Use if circumstances warrant an
adjustment.
7.17
Fire Protection and Access to Fire Suppression Systems
7.17.1
Access and fire protection methods should be provided, subject to the satisfaction
of the Development Officer with input from the Town's Fire Chief, for new
Development that is not connected to the Town's fire suppression system (hydrant
system).
7.18
Wildfire Hazard Protection and Mitigation
7.18.1
All Development occurring in the Town of Fort Smith shall comply with the Fort
Smith Community Wildfire Protection Plan or its successor, and shall incorporate
current FireSmart principles, including:
a)
skirting will be used to enclose any areas under a Building, Structure or Deck with
less than 2.0 metres clearance to the ground;
b)
fire-resistant siding materials to be used for all exterior wall finishes;
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c)
all roofing materials shall have a U.L.C. Class C fire rating;
d)
1.5 metres fuel-free Zone around all Buildings and Structures;
e)
defensible space for a minimum 10.0 metres or to the Lot boundary; and,
f)
a minimum clearance of 3.0 metres from combustible vegetation and materials
shall be provided around all propane storage tanks.
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8.0
Part Eight - Specific Use Regulations
8.1
Bed and Breakfasts
8.1.1
Applications for a Bed and Breakfast shall, in addition to the requirements of Section
4.5 of this Bylaw, include a:
a)
Floor plan showing the bedroom configurations and bathroom locations;
b)
Site plan showing any provisions for vehicle Parking Spaces;
c)
Site plan showing the location of any Signage; and,
d)
evidence that the design documents have been submitted and reviewed by the
Office of the Fire Marshal of the Northwest Territories.
8.1.2
A Bed and Breakfast shall only be allowed in a Dwelling Unit.
8.1.3
A Bed and Breakfast shall allow for no more than five (5) guest rooms.
8.1.4
Bathroom access by guests shall be direct, convenient, and not involve passing
through any other private rooms.
8.1.5
Specific Bed and Breakfast parking regulations include:
a)
additional guest Parking Spaces must be accommodated on Site;
b)
parking is prohibited in the Front Yard Setback area;
c)
parking shall not impede pedestrian access or Public Roadways; and,
d)
Parking Areas shall be surfaced with a dust-free material and maintained in good
condition.
8.1.6
Temporary shelters such, including but not limited to tents, Recreational Vehicles
and portable sleeping cabins, shall not be Permitted for use as guest
accommodation in conjunction with a Bed and Breakfast operation.
8.2
Caretaker Units
8.2.1
Caretaker Units shall be designed as one Dwelling Unit, either stand-alone or
incorporated within a Building utilized for a non-residential Principal Use.
8.2.2
Caretaker Units shall have a separate access from the Principal Use.
8.2.3
Only one (1) Caretaker Unit shall be Permitted per Lot.
8.2.4
Occupancy of a Caretaker Unit is restricted to persons whose primary role is to
provide on-Site supervision or maintenance of a property whose Principal Use is for
commercial or industrial activities.
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8.2.5
Occupancy of the Caretaker Unit shall be conditional to the active commercial or
industrial Principal Use on the Lot.
8.3
Car Washing Establishments
8.3.1
Development Permit applications for carwashes shall describe anticipated water
needs and the water source.
8.3.2
Water or wastewater associated with the Use shall not be allowed to drain off the
Site.
8.3.3
Water or wastewater associated with the Use shall be retained and disposed of in a
manner satisfactory to the Development Officer.
8.3.4
The Development Officer shall only approve applications for Carwashes that provide
and dispose of water to the satisfaction of the Development Officer.
8.4
Day Homes
8.4.1
Applications for a Day Home shall, in addition to the requirements of Section 4.5
a)
Floor plan showing the floor area allocated for the Day Home Use;
b)
Site plan showing any provisions for vehicle Parking Spaces;
c)
Site plan showing the location of any Signage; and,
d)
Evidence that the design documents have been submitted and reviewed by the
Office of the Fire Marshal of the Northwest Territories.
8.4.2
All Day Homes shall:
a)
Conform to the GNWT Child Day Care Act and Child Day Care Standards and
Regulations, including the number of children allowed; and,
b)
Provide a valid Day License issued by the Territorial government
8.4.3
A Day Home shall not be the Principal Use of a Building within a residential Zone.
8.4.4
A Day Home may have up to two (2) non-resident employees working on-Site.
8.5
Daycares
8.5.1
Applications for a Daycare shall, in addition to the requirements of Section 4.5,
include a:
a)
floor plan showing the bedroom configurations and bathroom locations;
b)
Site plan showing any provisions for vehicle Parking Spaces;
c)
Site plan showing the location of any Signage; and,
d)
evidence that the design documents have been submitted and reviewed by the
Office of the Fire Marshal of the Northwest Territories.
Zoning Bylaw #1063
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8.5.2
All Daycares shall:
a)
conform to the GNWT Child Day Care Act and Child Day Care Standards and
Regulations, including the number of children allowed; and,
b)
Provide a valid Day License issued by the Territorial government.
8.6
Home Occupations
8.6.1
Home Occupations require a business licence issued by the Town and are subject to
all conditions included in the current Business Licencing Bylaw amended or its
successors.
8.6.2
All Home Occupations must comply with applicable Municipal Bylaws and Territorial
or Federal legislation and regulations.
8.6.3
The Development Officer, at their discretion, may bring an application for a
Development Permit for a Home Occupation to Council for approval.
8.6.4
A Home Occupation may be located in a Dwelling Unit or Accessory Building,
including a shed or garage.
8.6.5
A Home Occupation shall be an Accessory Use to the residential use of the Dwelling.
8.6.6
A Home Occupation, Minor must be operated and occupied by a resident of the
Principal Dwelling Unit.
8.6.7
A Home Occupation, Major must be operated and occupied by a resident of the
Principal Dwelling Unit, and not more than two (2) adults that reside elsewhere shall
be Permitted to work in the Home Occupation.
8.6.8
The Floor Area and plans designated for a Home Occupation may be required with
the submission of the Development Permit application.
8.6.9
When a Development Permit is issued for a Home Occupation, the Development
Permit is valid only for the address stated on the application and is not transferable
to a new address; no more than two (2) Home Occupations may be allowed in a
given residence.
8.6.10
The Development Officer may impose conditions relating to the hours and days of
operation.
The Home Occupation may be carried out only for the period of time the property is
occupied by the application for such Permitted Uses.
8.6.11
A Home Occupation shall not:
a)
create Nuisances that negatively impact neighbouring properties; or,
Zoning Bylaw #1063
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b)
generate excessive pedestrian or vehicular traffic which is uncharacteristic of the
neighbourhood.
8.6.12
A Home Occupation may have up to one vehicle associated with the business parked
on-Site.
8.6.13
Vehicles associated with the Home Occupation (those with a Gross Vehicle Weight
Rating of 5,500 kg or more) cannot be parked on-Site for any longer than is
necessary to load or unload the vehicle.
8.6.14
A Home Occupation is not Permitted to have dedicated on-Street Parking.
8.6.15
Any Accessory Building or Structure used as on-Site storage associated with the
Home Occupation is limited to one (1) and can be no larger than 5.5 metres x 2.6
metres in size.
8.6.16
All activities associated with the Home Occupation must be contained within a
Building. No outdoor business activity is Permitted.
8.6.17
No commercial equipment or materials associated with the Home Occupation can
be stored outdoors in the R1- Low Density Residential and R2-Medium Density
Residential Zones.
8.6.18
Industrial vehicles, equipment and materials associated with the Home Occupation
are prohibited in the R1- Low Density Residential and R2-Medium Density Residential
Zones.
8.6.19
The Development Authority maintains the discretion to refuse a Development
Permit application for a Home Occupation if the Development Authority determines
the proposed Use would unduly impact neighbouring properties.
8.6.20
Development Permits issued for Home Occupations shall be revocable at any time
by the Council, if in their opinion, the use is or has become detrimental to the
neighbourhood.
8.7
Factory-Built Dwellings
8.7.1
Factory-Built Dwellings shall be placed on permanent foundations and footings that
comply with the requirements of the National Building Code of Canada.
8.7.2
All Factory-Built Dwellings Units shall conform to the current National Building Code
and Shall be Canadian Standards Association certified.
8.7.3
Factory-Built Dwellings shall have skirting that allows adequate ventilation and
matches the exterior appearance of the Factory-Built Dwellings to the satisfaction of
the Development Officer.
Zoning Bylaw #1063
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65
8.7.4
The floor area of Porches and additions shall be proportionate to the floor area of
the Factory-Built Dwelling, and these additions shall not exceed 100% of the Factory-
Built Dwelling's floor area.
8.7.5
Additions to a Factory-Built Dwelling shall require a foundation, skirting, roofing and
siding equivalent to that of the existing Factory-Built Dwelling.
8.8
Multiple Unit Dwellings
8.8.1
All Multiple Unit Dwellings shall have provisions for:
a)
Open Space or Parks;
b)
Enclosed recreation areas;
c)
Access for emergency vehicles;
d)
Enclosed garbage and recycling storage; and,
e)
Shared laundry facilities where not provided within individual units.
8.8.2
To the satisfaction of the Development Officer:
a)
Multiple Unit Dwellings shall provide outdoor Amenity Space provided as Open
Space or Park. Outdoor Amenity Space may be included in the Landscaping
calculation for the Site.
b)
a minimum of 10% of the Site Area for all Multiple Unit Dwellings shall be
Landscaped.
c)
a Multiple Unit Dwelling shall provide Screening of any outdoor Amenity Space,
Parking Areas, and the Site, to the satisfaction of the Development Officer.
8.9
In-Home and Detached Secondary Suite Dwellings
8.9.1
An In-Home Secondary Suite Dwelling is fully contained within a Single Detached,
Factory-Built Single Detached, or Duplex Dwelling Unit.
8.9.2
A Detached Secondary Suite Dwelling is fully contained within an Accessory building
on the same Lot.
8.9.3
Only one (1) In-Home or Detached Secondary Suit Dwelling is Permitted per Site.
8.9.4
The external appearance and residential character of the Principal Dwelling in which
the In-Home Secondary Suite Dwelling is located shall be maintained.
8.9.5
Detached Secondary Suites shall be Accessory and complementary to the Principal
Dwelling and will not be located in the Front Yard of a Lot.
8.9.6
Detached Secondary Suites shall adhere to the Accessory Building Yard Setbacks.
8.9.7
Access to the Secondary Suite will be the same as the Principal Building.
8.9.8
Parking requirements must comply with Section 7.13.6 of this Bylaw.
Zoning Bylaw #1063
Part Eight - Specific Use Regulations
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8.9.9
A Secondary Suite shall not include a Bed and Breakfast or Day Home.
8.9.10
Development standards for Lots containing suites include:
a)
the Accessory Buildings shall be similar and complementary to other Buildings on
surrounding Lots;
b)
In-home Secondary Suite Dwelling units must have direct access to the outdoors
and at least one window for emergency escape during a fire;
c)
all Secondary Suite Dwellings shall be serviced with water and sewer services in
accordance with the current Water and Sewer Bylaw as amended or its successor.
8.10
Commercial Greenhouse
8.10.1
Commercial Greenhouses require a business licence issued by the Town and are
subject to all conditions included in the current Business Licencing Bylaw amended
or its successors.
8.10.2
All Commercial Greenhouses must comply with applicable Municipal Bylaws and
Territorial or Federal legislation and regulations.
8.10.3
Commercial Greenhouses shall conform to the current National Building Code of
Canada.
8.10.4
In addition to the requirements in Section 4.5 of this Bylaw a Development Permit
applications for a Commercial Greenhouse shall include a Site plan that shows the
following:
a)
Fencing/Screening
b)
location and method for the collection of any wastewater as a result of the activity
drain as a result from the anticipated water needs and water source;
c)
on-Site sales area (if applicable); and,
d)
Outdoor Storage and irrigation equipment.
8.10.5
The Development Officer may also require:
a)
a lighting plan to mitigate the impact of artificial lighting on adjacent properties;
b)
a plan to connect to Municipal water and sewer services and estimated water
usage for the operation; and,
c)
adequate loading and unloading areas shall be provided on-Site to accommodate
the delivery and transportation of vehicles
8.10.6
An approved drainage plan is required to prevent contamination related to the
effluent of waste.
8.10.7
Commercial Greenhouses shall not generate odour, waste, or visual impact beyond
what the general characteristics of the Zone in which it is developed.
Zoning Bylaw #1063
Part Eight - Specific Use Regulations
67
8.11
Storage of Soil or Fill
8.11.1
The storage of Soil or Fill for the purpose of commercial sale is only Permitted in the
GC- General Commercial and ID- Industrial Zone.
8.11.2
In all other Zones, the storage of Soil or Fill is only Permitted as an Accessory Use to
support a specific approved Development. Once the Development is complete,
excessive Soil or Fill should be removed.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
68
9.0
Part Nine - Zoning Regulations
9.1
Land Use Zones
9.1.1
Land Use Zones boundaries are shown on the Land Use Map (Schedule B).
9.1.2
The Land Use Map may be amended or replaced by Bylaw from time to time.
9.1.3
The Development Officer shall not allow the Use of land, or a Building/Structure not
listed as a Permitted Use or Discretionary Use in the Zones in which it is situated
unless it is established as a Similar Use, in accordance with Section 4.4
Zoning Bylaw #1063
Part Nine - Zoning Regulations
69
9.2
R1 - Low-Density Residential
Table 9-1 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Buildings and Uses
Assisted Living Facility
Community Garden
Bed and Breakfast
Dwelling, Duplex
Day Care
Dwelling, Factory-Built
Day Home
Dwelling, Secondary Suite
Dwelling, Multiple Unit
Dwelling, Single Detached
Places of Worship
Home Occupation, Minor
Retail, Neighbourhood Convenience
Park
Similar Use
Public Utility
Temporary Use
Traditional and Cultural Use
Table 9-2 R1 Development Regulations
R1 Regulations
Single Detached
Dwelling
Factory-Built
Dwelling
Duplex Dwelling
Minimum Lot Width
15 m
11 m
15 m (7.5 subdivided)
Maximum Lot Coverage
Total Maximum Lot
Coverage
40% for all
Buildings and
Structures
5% for non-
permeable surfaces
40 % for Buildings
and Structures
5% for non-
permeable
surfaces
55% Buildings and
Structures
5% for non-
permeable or gravel
surfaces
Maximum Lot Coverage
- Accessory Building
12% of the
maximum Lot
coverage
12% of the
maximum Lot
coverage
12% of the maximum
Lot coverage
Minimum Setbacks
Principal Building Front
Yard
6.0 m
6.0 m
6.0 m
Principal Building Side
Yard
1.5 m
1.5m
1.5m
Principal Building Side
Yard (Corner Lot)
4.6 m Side Yard
facing Road
4.6 m Side Yard
facing Road
4.6 m Side Yard facing
Road
Principal Building
Side Yard Factory-Build
Dwelling Entrance Side
2.0 m
Zoning Bylaw #1063
Part Nine - Zoning Regulations
70
R1 Regulations
Single Detached
Dwelling
Factory-Built
Dwelling
Duplex Dwelling
Principal Building Rear
Yard
4.0 m
3.0 m
4.0 m
Accessory Building - Lot
Line, All Lot Line
1.0 m
1.0 m
1.0 m
Accessory Building
Corner, All Lot Line
2.0 m
2.0 m
2.0 m
Accessory Building -
Principal Building
3.0 m
3.0 m
3.0 m
Maximum Building Height
Principal Building Height
10.5 m
5.0 m
10.5 m
Accessory Building
10.5m
5.0 m
10.5 m
9.2.1
Development Regulations
a)
In the case of Duplex Dwelling Units, Side Yard requirements along the common
wall are waived.
b)
Only side-by-side Duplex Dwellings are Permitted in the R1 - Low Density
Residential Zone.
c)
Porches and additions to a manufactured home shall be considered as part of the
main building, and the external finish of a porch or addition shall match the
existing finish on the mobile home.
d)
Accessory Structures shall be developed in accordance with Section 7.6
9.2.2
Other Regulations
a)
All Development shall meet the requirements of Part Seven of this Bylaw.
b)
All Development shall meet the requirements of Part Eight of this Bylaw.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
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9.3
R2 - Medium-Density Residential
Table 9-3 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Buildings and Uses
Artisanal Studio
Community Garden
Assisted Living Facility
Dwelling, Duplex
Bed and Breakfast
Dwelling, Factory Built
Day Care
Dwelling, Multiple Unit
Day Home
Dwelling, Secondary Suite
Family Care Facility
Dwelling, Single Detached
Health Care Services
Home Occupation, Minor
Places of Worship
Park
Retail, Neighbourhood Convenience
Public Utility
Similar Use
Traditional and Cultural Facilities
Temporary Use
Table 9-4 R2 Development Regulations
R2 Regulations
Single
Detached
Dwelling
Single
Detached
Factory-Built
Dwelling
Duplex
Dwelling
Multiple Unit
Dwelling
Minimum Lot Width
15.0 m
11.0 m
15 m (7.5 m
subdivided)
15 m (7.5 m
subdivided)
Maximum Lot Coverage
Total Maximum Lot
Coverage
40% for all
Buildings and
Structures
5% for non-
permeable
surfaces
40 % for
Buildings and
Structures
5% for non-
permeable
surfaces
55% Buildings
and Structures
5% for non-
permeable
surfaces
55% Buildings
and Structures
5% for non-
permeable or
gravel surfaces
Maximum Lot
Coverage -
Accessory Building
12% of the
maximum Lot
coverage
12% of the
maximum Lot
coverage
12% of the
maximum Lot
coverage
12% of the
maximum Lot
coverage
Minimum Setbacks
Principal Building
Front Yard
6.0 m
6.0 m
6.0 m
6.0 m
Principal Building
Side Yard
1.5 m
1.5m
1.5m
3.0m
Zoning Bylaw #1063
Part Nine - Zoning Regulations
72
R2 Regulations
Single
Detached
Dwelling
Single
Detached
Factory-Built
Dwelling
Duplex
Dwelling
Multiple Unit
Dwelling
Principal Building
Side Yard (Corner
Lot)
4.6 m Side
Yard facing
Road
4.6 m Side Yard
facing Road
4.6 m Side Yard
facing Road
4.6 m Side Yard
Facing Road
Principal Building
Side Yard Factory-
Build Dwelling
Entrance Side
2.0 m
Principal Building
Rear Yard
4.0 m
4.0 m
4.0 m
4.0 m
Accessory Building -
Lot Line, All Lot Line
1.0 m
1.0 m
1.0 m
1.0 m
Accessory Building
Corner, All Lot Line
2.0 m
2.0 m
2.0 m
2.0 m
Accessory Building -
Principal Building
3.0 m
3.0 m
3.0 m
3.0 m
Maximum Building Height
Principal Building
Height
10.5 m
10.5 m
10.5 m
12.0 m
Accessory Building
Height
10.5 m
10.5 m
10.5 m
10.5 m
9.3.1
Development Regulations
a)
Duplex Dwellings are Permitted as side-by-side units or stacked on top of each
other.
b)
In the case of Duplex Dwellings or Multiple Unit Dwellings, the Side Yard
requirement along the common wall is waived.
c)
Porches and additions to a manufactured home shall be considered as part of the
main building, and the external finish of a porch or addition shall match the
existing finish on the mobile home.
d)
Accessory Structures shall be developed in accordance with Section 7.6.
e)
A Site plan will be appended to the application for any Multiple Unit Dwellings
that, once approved, shall be deemed conditions of approval and shall indicate:
Zoning Bylaw #1063
Part Nine - Zoning Regulations
73
i
provision for Playgrounds and Open Spaces;
ii
provisions for Amenity Space;
iii
access for emergency vehicles;
iv
provision of access to enclosed garage storage;
v
provision for laundry facilities;
vi
Landscaping and Fencing;
vii Screening for Dwelling Units in and adjacent to the Development; and
viii Orientation of buildings and general appearance of the project.
f)
Fences and Screening shall meet the requirements of Part Seven and:
i
In the case of Duplex or Multi Unit Dwellings in residential areas, a Fence or
Screen not less than 1.5 metres in Height and not more than 2.0 metres in
Height shall be provided along the side property lines, and each unit's rear
outdoor area to the satisfaction of the Development Officer.
9.3.2
Other Regulations
a)
All Development shall meet the requirements of Part Seven of this Bylaw.
b)
All Development shall meet the requirements of Part Eight of this Bylaw.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
74
9.4
RC - Country Residential
Table 9-5 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Buildings and Uses
Accessory, Light Industrial
Artisanal Studio
Accessory, Commercial
Bed and Breakfast
Campground
Community Garden
Day Home
Dwelling, Single Detached
Dwelling, Caretakers Unit
Dwelling, Secondary Suite
Dwelling, Factory-Built
Greenhouse, Commercial
Home Occupation, Major
Home Occupation, Minor
Establishment, Personal Service
Park
Kennel
Public Utility
Outdoor Storage
Traditional and Cultural Use
Similar Use
Temporary Use
Veterinary Clinic
Table 9-6 Development Regulations
RC Regulations
All uses
Minimum Lot Area
1.2 ha
Minimum Lot Width
45.0 m
Minimum Front Yard Setback
15.0 m
Minimum Side Yard Setback
6.0 m
Minimum Rear Yard Setback
15.0 m
Maximum Building Height
12.0 m
9.4.1
Development Regulations
a)
When considering applications for Commercial Accessory Uses in the Zone,
Council may require conditions of approval related to:
i
the scale of Development proposed in relation to Permitted Uses;
ii
visual barriers, including Fencing and Landscaping;
iii
Signage; and
iv
lighting.
b)
Agriculture Uses must comply with the Town's current Domestic Animal, Unsightly
and Noise Control Bylaws as amended or its successors. All other applicable Bylaws
related to the specific activities also apply.
c)
Sanitary facilities shall meet the standards provided by the Public Health Act and
Regulations.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
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d)
Sites shall be maintained in accordance with FireSmart principles as per Section
7.18 of this Bylaw.
e)
Any flammable liquid Storage must comply with the Flammable Liquid Bulk
Storage Regulations under the Canadian Environmental Protection Act and the
Guideline for the General Management of Hazardous Waste in the NWT, under
the Environmental Protection Act.
Other Regulations
f)
All Development shall meet the requirements of Part Seven of this Bylaw.
g)
All Development shall meet the requirements of Part Eight of this Bylaw.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
76
9.5
TC - Town Centre
Table 9-7 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Buildings and Uses
Assisted Living Facility
Artisanal Studio
Bed and Breakfast in existing Dwelling Units
Community Garden
Brewery and/or Distillery
Day Care
Cemetery
Dwelling, Multiple Unit
Day Home
Establishment, Eating and Drinking
Dwelling, Caretakes Unit
Establishment, Entertainment
Dwelling, Secondary Suite in existing Single
Detached Dwellings
Establishment, Personal Service
Dwelling, Single
Fitness Studio
Funeral Parlour
Home Occupation, Minor
Health Care Services
Mixed-Use Building or Development
Health Care Centre
Office
Hotel and Motel
Park
Recreational Facility
Places of Worship
Similar Use
Public Assembly
Temporary Use
Public Utility
Veterinary Clinic
Retail Store
Retail, Cannabis
Retail, Liquor
Retail, Neighborhood Convenience
Traditional and Cultural Use
Table 9-8 TC Development Regulations
TC Development
Regulations
Multi -Unit Dwelling
Hotels and Motels
All Other Uses
Minimum Lot Width
15.0 m (7.5 m
subdivided)
30.0 m
7.5 m
Maximum Lot Coverage
Total Maximum Lot
Coverage
55% Buildings and
Structures
50% Buildings and
Structures
60% Buildings and
Structures
Zoning Bylaw #1063
Part Nine - Zoning Regulations
77
TC Development
Regulations
Multi -Unit Dwelling
Hotels and Motels
All Other Uses
5% for non-permeable
and gravel surfaces
Maximum Lot Coverage
- Accessory Building
12% of the maximum
Lot coverage
12% of the
maximum Lot
Coverage
12% of the
maximum Lot
Coverage
Minimum Setbacks
Principal Building Front
Yard
6.0 m
3.0m
3.0 m
Principal Building Side
Yard
3.0m
0 .0 m
0.0 m
Principal Building Side
Yard (Corner Lot)
4.6 m Side Yard Facing
Road
0.0 m
0.0 m
Principal Building Rear
Yard
4.0 m
3.0 m
3.0 m
Accessory Building - Lot
Line, All Lot Line
1.0 m
0.0 m
1.0 m
Accessory Building
Corner, All Lot Line
2.0 m
0.0m
0.0 m
Accessory Building -
Principal Building
3.0 m
3.0 m
3.0 m
Maximum Building Height
Principal Building Height
12.0 m
12.0 m
12.0 m
Accessory Building
Height
10.5 m
10.5 m
10.5 m
9.5.1
Development Regulations
a)
No Side Yards are required except where the Site is abutting a residential Zone
and not separated from the Zone by a Roadway or Utility Lot, in which case there
shall be a 3.0 m side yard.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
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b)
Off-Street Parking shall be located along the side(s) of the Building or behind the
Building, not between the primary Business frontage and the Street.
c)
Retail Stores shall not include Buildings or Yards used for the sale or storage of
new or used motor vehicles, or lumber or building supplies.
d)
Where Retail Stores or groups of shops are to be built on one (1) Site,
requirements shall be determined by the Council, who shall deal with the overall
scheme, taking into account buildings, access, Parking Spaces and specific
commercial Uses.
e)
In the case of Multiple Unit Buildings, the Side Yard requirement along the
common wall is waived.
f)
All Dwelling Units within Mixed-Use Buildings shall have separate entrances either
from a shared hallway or with direct access from the exterior of the Building.
g)
Outdoor Storage shall not be Permitted as an Accessory Use in this Zone.
h)
An Artisanal Workshop will be Permitted as an Accessory to a Retail Store,
provided that:
i
the Artisanal Workshop is not located at the front of the Retail Store;
ii
the floor area of the Artisanal Workshop is not greater than 370.0 sq. m.; and
iii
the manufacture or the treatments of the products in the Artisanal
Workshop are essential to the Retail business conducted on the premises.
9.5.2
Design Regulations
a)
All Development shall follow any approved Town Centre specific plans.
b)
Doors and windows shall cover at least 10% of each ground floor wall along Street
frontages.
9.5.3
Fencing and Screening Regulation
a)
A non-residential Lot that shares a boundary line with a residential Zone shall
provide Screening to the satisfaction of the Development Officer.
b)
Off-Street Parking Areas shall be screened, to the satisfaction of the Development
Officer.
c)
Fences must meet the requirements of Section 7.9 of this Bylaw and:
i
Commercial Buildings abutting residential Zones must be screened by a
Fence or Buffer of not less than 2.0 metres in Height.
9.5.4
Other Regulations
a)
All Development shall meet the requirements of Part Seven of this Bylaw.
b)
All Development shall meet the requirements of Part Eight of this Bylaw.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
79
9.6
GC - General Commercial
Table 9-9 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Buildings and Uses
Assisted Living Facility
Accessory, Dwelling, Single Unit
Campground
Artisanal Workshop
Cemetery
Brewery and/or Distillery
Dwelling, Caretakers Unit
Community Garden
Dwelling, Multiple Unit
Car Wash
Funeral Parlour
Day Care
Health Care Services
Establishment, Eating and Drinking
Health Care Centre
Establishment, Entertainment
Hotel or Motel
Establishment, Personal Service
Institution
Fitness Studio
Industrial, Light
Office
Outdoor Storage
Greenhouse, Commercial
Public Assembly
Mixed-Use Development
Recreational Facility
Park
Similar Use
Places of Worship
Temporary Use
Public Utility
Workcamp
Retail Store
Retail, Cannabis
Retail, Liquor
Retail, Neighbourhood Convenience
Service Station
Traditional and Cultural Use
Veterinary Clinic
Zoning Bylaw #1063
Part Nine - Zoning Regulations
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Table 9-10 GC Development Regulations
GC Regulation
Commercial/Institutional
Mixed Use
Minimum Lot Width
30.0 m
30.0 m
Maximum Lot Coverage
Total Maximum Lot
Coverage
40% total coverage
40% total coverage
Minimum Setbacks
Principal Building
Front Yard
6.0 m
6.0 m
Principal Building
Front Yard on Highway
#5
8.0 m
8.0 m
Principal Building Side
Yard
3.0 m
3.0 m
Principal Building Side
Yard Flanking Street
4.6 m
4.6 m
Principal Building Rear
Yard
3.0 m
3.0 m
Accessory Building -
Lot Line, All Lot Line
1.0 m
1.0 m
Accessory Building -
Principal Building
3.0 m
3.0 m
Maximum Building Height
Principal Building
Height
12 m
12 m
Accessory Building
Height
12 m
12 m
Zoning Bylaw #1063
Part Nine - Zoning Regulations
81
9.6.1
Development Regulations
a)
No Development may occur that is or will become obnoxious by way of noise,
odour, dust or fumes.
9.6.2
Screening and Landscaping Regulations
a)
Development located adjacent to a Residential must provide Landscape and/or
Screening, to the satisfaction of the Development Officer.
b)
Sites facing Highway # 5, King Street, or Portage Avenue, shall maintain the
existing vegetation in accordance with FireSmart principles as per Section 7.18 of
this Bylaw.
c)
Off-Street Parking Areas shall be screened, to the satisfaction of the Development
Officer.
d)
Commercial Greenhouses must provide adequate Screening to reduce Nuisances
to adjacent properties as per Section 8.10 of this Bylaw.
e)
Garbage containers and Outdoor Storage shall be screened and accessible for
convenient pickup.
f)
All Outdoor Storage, freightage or trucking yards shall be enclosed or completely
Screened by Buildings, Berms, Fences, vegetation or other methods to the
satisfaction of the Development Officer.
9.6.3
Use Regulations
a)
Any Caretakers Suite shall be incorporated into the Principal Building and shall not
exceed 80.0 sq m in floor area, except for a Hotel or Motel where the floor area of
the Caretakers Suite may be determined by the Development Officer.
b)
Residential Dwellings shall be Accessory to the Principal Use.
c)
Service Stations with drive-through services shall provide adequate queuing lanes
in accordance with Section 7.15 of this Bylaw.
9.6.4
Other Regulations
a)
All Development shall meet the requirements of Part Seven of this Bylaw.
b)
All Development shall meet the requirements of Part Eight of this Bylaw.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
82
9.7
IS - Institutional
Table 9-11 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Buildings and Uses
Assisted Living Facility
Community Garden
Brewery and/or Distillery
Day Care
Cemetery
Establishment, Drinking and Eating
Dwelling, Caretakers Unit
Institution
Dwelling, Multi-Unit
Office
Establishment, Entertainment
Park
Fitness Studio
Places of Worship
Funeral Parlour
Public Assembly
Health Care Services
Recreational Facility
Health Centre
Retail, Neighbourhood Convenience
Hotel or Motel
Traditional and Cultural Use
Retail, Store
Similar Use
Temporary Use
Table 9-12 IS Development Regulations
IS Regulations
Institutional
Commercial
Minimum Lot Width
Subject to Development Officer Approval
Maximum Lot Coverage
Total Maximum Lot Coverage
50%
50%
Minimum Setbacks
Principal Building Front Yard
Subject to Development Officer Approval
Principal Building Side Yard
Principal Building Rear Yard
Accessory Building - Principal
Building
3.0 m
3.0 m
Maximum Building Height
Principal Building Height
12.0 m
12.0 m
Accessory Building
10.5 m
10.5 m
Zoning Bylaw #1063
Part Nine - Zoning Regulations
83
9.7.1
Development Regulations
a)
The Site Plan, the relationship between Buildings, Structures and Open Space, and
vehicle Access to the site shall be subject to the approval of the Development
Officer.
b)
Pedestrian and other modes of active transportation linkages from the Principal
Building to the public sidewalks and Fort Smith trail network are required.
9.7.2
All Other Regulations
a)
All Development shall meet the requirements of Part Seven of this Bylaw.
b)
All Development shall meet the requirements of Part Eight of this Bylaw.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
84
9.8
ID - Industrial
Table 9-13 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Buildings and Uses
Brewery and/or Distillery
Accessory, Office
Bulk Fuel Storage
Accessory, Retail Store
Cannabis Production and Manufacturing
Facility
Community Garden
Car Wash
Industrial, Light
Dwelling, Caretakers Unit
Industrial, Heavy
Greenhouse, Commercial
Public Utility
Kennel
Storage, Soils and Fill
Outdoor Storage
Traditional and Cultural Use
Park
Service Station
Sewage Disposal Site
Solid Waste Site
Similar Use
Temporary Use
Veterinary Clinic
Workcamp
Table 9-14 Development Regulations
In Regulations
Light Industrial
Heavy industrial
Minimum Lot Width
30.0 m
At the discretion of the
Development Officer
Minimum Setbacks
Principal Building Front Yard
6.0 m
6.0 m
Principal Building Front Yard
on Highway #5
8.0 m
8.0 m
Principal Building Side Yard
3.0 m
7.0m
Principal Building Side Yard
Flanking Street
4.6 m
7.0 m
Principal Building Rear Yard
3.0 m
7.0 m
Accessory Building - Lot Line,
All Lot Line
1.0 m
3.0 m
Accessory Building - Principal
Building
3.0 m
3.0 m
Maximum Building Height
Principal Building Height
12.0 m
12.0 m
Accessory Building
10.5 m
10.5 m
Zoning Bylaw #1063
Part Nine - Zoning Regulations
85
9.8.1
Development Regulations
a)
In the case of Multiple Unit Buildings, the Side Yard requirement along the
common wall is waived.
b)
Heavy Industrial Uses on Industrial Zoned Lots, as shown on Schedule B - Zoning
Bylaw Maps are not Permitted. The Lots include:
i
Plan 14, Lots 10, 18
ii
Plan 620, Lots 182-1, 187-2
iii
Plan 1397 Lots 1032, 1034, 1035, 1048, 1049, 1050,1051, 1052, 1053, 1054,
1055, 1056, 1057, 1058, 1059, 1060,1061, 1062, 1066, 1074,1075
iv
Plan 1566, Lots 1103,1104,1105, 1106,1107,1108
v
Plan 1929, Lots 1445, 1446,
vi
Plan 2799, Lots 1562, 1563
vii Plan 4390, Lots 1818,
c)
Storage of Hazardous Materials, Substances or Dangerous Goods must be located
at least 450 m from any residential Zone.
9.8.2
Screening and Landscaping Regulations
a)
All Development shall provide Screening, to the satisfaction of the Development
Officer.
b)
All vehicle gates shall be set back 6.4 m from the property line to the satisfaction
of the Development Officer.
9.8.3
Use Regulations
a)
Any Caretakers Suite shall be incorporated into the Principal Building and shall not
exceed 80.0 square metres in floor area.
b)
No Accessory Residential use is Permitted, beyond Caretaker Units for Heavy
Industrial Uses.
9.8.4
All other Regulations
a)
All Development shall meet the requirements of Part Seven of this Bylaw.
b)
All Development shall meet the requirements of Part Eight of this Bylaw.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
86
9.9
AP- Airport
In recognition of the jurisdiction and authority of the Government of the Northwest Territories
and the Government of Canada over Commissioner's public Airport lands forming part of the
Fort Smith Airport, as designated in the Commissioner's Public Airport Lands Regulations and
Federal lands within the Airport Zoning District all uses and Development on those
Commissioner's public Airport lands and Federal lands shall be subject only to the approval of
the Government of the Northwest Territories or the Government of Canada, as appropriate.
For greater certainty, nothing in this Bylaw shall apply to the Use or Development of those
Commissioner's public Airport lands and Federal lands within the Airport Zone. However,
Council or the Development Officer will request that authorities provide notification and offer an
opportunity to review any proposed Development on Commissioner's public Airport lands or
Federal land within the Airport District.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
87
9.10
PO - Parks & Open Space
Table 9-15 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Buildings and Structures
Cemetery
Campground
Recreational Facility
Community Garden
Public Assembly
Park
Similar Use
Public Utility
Temporary Use
Traditional and Cultural Use
9.10.1
Development Regulations
a)
All Site requirements are subject to approval for Permitted Uses at the discretion
of the Development Officer.
b)
All Site requirements are subject to approval for Discretionary Uses at the
discretion of the Council.
9.10.2
All other Regulations
a)
All Development shall meet the requirements of Part Seven of this Bylaw.
b)
All Development shall meet the requirements of Part Eight of this Bylaw.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
88
9.11
ES - Environmentally Sensitive Areas
Table 9-16 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Buildings and Uses for Parks
Traditional and Cultural Use
Parks
Similar Use
Public Utility
Temporary Use
9.11.1
Development Regulations
a)
Accessory Buildings/Structures and Uses for a Park are only Permitted on the
portion of Plan 11, Lots 51 and 52 that is on the southwest side of Marine Drive.
b)
Council may require the submission of an Environmental Impact Statement for any
proposed Development in this Zone as part of a Development Permit application.
c)
Recreation infrastructure such as viewing platforms, walking trails, picnic areas or
boat ramps is Permitted in the ES Zone.
d)
Any Use involving human habitation or occupancy is not Permitted.
9.11.2
All other Regulations
a)
All Development shall meet the requirements of Part Seven of this Bylaw.
b)
All Development shall meet the requirements of Part Eight of this Bylaw.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
89
9.12
SR- Salt River First Nation Development Lands
9.12.1
Salt River First Nation Development Lands are Federal Lands that are reserved lands
for the Salt River First Nations. The Salt River First Nations is responsible for
regulating the Use and Development of land in this Zone.
9.12.2
Development in this Zone may include joint Municipal Services Agreements with the
Town for responsibilities, expectations, and entitlements of each party; designed to
benefit both parties and improve the relationship for mutual advantage.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
90
9.13
UR - Urban Reserve
Table 9-17 Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Community Gardens
Temporary Use
Public Utility
Traditional and Cultural Use
9.13.1
Development Regulations
a)
All approved Uses are interim Uses only, and an agreement outlining the
conditions and duration of the Use must be approved by the Development Officer
or Council.
b)
Permanent Development in the UR- Urban Reserve Zone will require a Community
Plan and Zoning Bylaw Amendment before it can be Permitted.
c)
Interim Land Withdrawals on Commissioner's Land inside the Town's municipal
boundary are included in the UR- Urban Reserve Zone. These lands are identified
on the Land Use Concept Maps included as Schedule B in the Fort Smith
Community Plan, as amended and arose from an agreement between the
Northwest Territories Metis Nation (NWTMN) and the Government of the
Northwest Territories. Interim-land withdrawal protects the land interest while
NWTMN continue to negotiate their land claim with the Federal and Territorial
Governments. Until the interim land withdrawals are removed, no Development
is allowed.
Zoning Bylaw #1063
Part Nine - Zoning Regulations
91
Schedule B
B.
Zoning Bylaw Maps
Zoning Designation
R1 - Low Density
Residential
R2 - Medium Density
Residential
RC - Residential Country
TC - Town Centre
C - Commercial
IS - Institutional
ID - Industrial
AP - Airport
PO - Parks and Open Space
ES - Environmentally
Sensitive Areas
SR - Salt River First Nation
Development Lands
UR - Urban Reserve
Heavy Industrial Activities
Not Permitted
Base Data
Municipal Boundary
Highway
Road
Winter Road
Territorial Boundary
Water
Surveyed Parcel
0
1,000
2,000
500
m
²
MAP CREATED BY:
MAP CHECKED BY:
MAP PROJECTION:
LK
MK
NAD 1983 UTM Zone 12N
Zoning By-Law
Figure 1
FILE LOCATION: K:\2024\247407\Product\Client\ZoningByLaw_202504\zbl_zprx\zbl_zprx.aprx; LAYOUT: 247407_ZBL_F1_Concept_landscape
Town of Fort Smith
Zoning By-Law -
Overview
MAP DRAWING INFORMATION:
DATA PROVIDED BY GNWT,
Town of Fort Smith,
Esri, USGS, FEMA, Esri, USGS
NWT
Alberta
NWT
Alberta
Slave River
PO
ES
UR
TC
AP
UR
SR
PO
PO
ID
RC
UR
UR
UR
IS
IS
C
R2
PO
R2
SR
ID
R1
R2
PROJECT:
24-7407
DATE:
2025-09-19
Scale 1:63,000
STATUS: Final
Zoning Designation
R1 - Low Density
Residential
R2 - Medium Density
Residential
RC - Residential Country
TC - Town Centre
C - Commercial
IS - Institutional
ID - Industrial
AP - Airport
PO - Parks and Open Space
ES - Environmentally
Sensitive Areas
SR - Salt River First Nation
Development Lands
UR - Urban Reserve
Heavy Industrial Activities
Not Permitted
Base Data
Municipal Boundary
Surveyed Parcel
Water
Territorial Boundary
Highway
Road
Winter Road
0
280
560
140
m
²
MAP CREATED BY:
MAP CHECKED BY:
MAP PROJECTION:
LK
MK
NAD 1983 UTM Zone 12N
Zoning By-Law
Figure 2
FILE LOCATION: K:\2024\247407\Product\Client\ZoningByLaw_202504\zbl_zprx\zbl_zprx.aprx; LAYOUT: 247407_ZBL_F2-4_Concept_landscape
Town of Fort Smith
Zoning By-Law -
Town Site
MAP DRAWING INFORMATION:
DATA PROVIDED BY GNWT,
Town of Fort Smith,
Esri, USGS, FEMA, Esri, USGS
NWT
Alberta
Slave River
PO
ES
UR
TC
PO
IS
UR
PO
PO
ID
ID
ID
IS
IS
IS
C
C
C
UR
R1
R1
R2
R2
ID
R1
R1
R2
R2
PO
R1
PROJECT:
24-7407
DATE:
2025-09-19
Scale 1:14,750
Alberta
NWT
Bell Rock
Airport
Town Site
Key Map
STATUS: Final
Zoning Designation
R1 - Low Density
Residential
R2 - Medium Density
Residential
RC - Residential Country
TC - Town Centre
C - Commercial
IS - Institutional
ID - Industrial
AP - Airport
PO - Parks and Open Space
ES - Environmentally
Sensitive Areas
SR - Salt River First Nation
Development Lands
UR - Urban Reserve
Heavy Industrial Activities
Not Permitted
Base Data
Municipal Boundary
Surveyed Parcel
Water
Territorial Boundary
Highway
Road
Winter Road
0
540
1,080
270
m
²
MAP CREATED BY:
MAP CHECKED BY:
MAP PROJECTION:
LK
MK
NAD 1983 UTM Zone 12N
Zoning By-Law
Figure 3
FILE LOCATION: K:\2024\247407\Product\Client\ZoningByLaw_202504\zbl_zprx\zbl_zprx.aprx; LAYOUT: 247407_ZBL_F2-4_Concept_landscape
Town of Fort Smith
Zoning By-Law -
Airport
MAP DRAWING INFORMATION:
DATA PROVIDED BY GNWT,
Town of Fort Smith,
Esri, USGS, FEMA, Esri, USGS
NWT
Alberta
Slave River
ES
TC
AP
UR
ID
SR
PO
ID
UR
UR
ID
IS
IS
C
R2
ID
PO
R2
SR
ID
R1
PROJECT:
24-7407
DATE:
2025-09-19
Scale 1:28,700
Alberta
NWT
Bell Rock
Airport
Town Site
Key Map
STATUS: Final
Zoning Designation
R1 - Low Density
Residential
R2 - Medium Density
Residential
RC - Residential Country
TC - Town Centre
C - Commercial
IS - Institutional
ID - Industrial
AP - Airport
PO - Parks and Open Space
ES - Environmentally
Sensitive Areas
SR - Salt River First Nation
Development Lands
UR - Urban Reserve
Heavy Industrial Activities
Not Permitted
Base Data
Municipal Boundary
Surveyed Parcel
Water
Territorial Boundary
Highway
Road
Winter Road
0
440
880
220
m
²
MAP CREATED BY:
MAP CHECKED BY:
MAP PROJECTION:
LK
MK
NAD 1983 UTM Zone 12N
Zoning By-Law
Figure 4
FILE LOCATION: K:\2024\247407\Product\Client\ZoningByLaw_202504\zbl_zprx\zbl_zprx.aprx; LAYOUT: 247407_ZBL_F2-4_Concept_landscape
Town of Fort Smith
Zoning By-Law -
Bell Rock
MAP DRAWING INFORMATION:
DATA PROVIDED BY GNWT,
Town of Fort Smith,
Esri, USGS, FEMA, Esri, USGS
Slave River
ES
PO
PO
RC
UR
UR
PROJECT:
24-7407
DATE:
2025-09-19
Scale 1:22,950
Alberta
NWT
Bell Rock
Airport
Town Site
Key Map
STATUS: Final