Town of Inuvik Zoning Bylaw No. 2753/P+D/25

Inuvik, Northwest Territories · No. 2753/P · summary & facts

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1 TOWN OF INUVIK Zoning Bylaw Bylaw Number 2753/P+D/25 Source photo: Martin Male i Table of Contents ........................................................................................................................................................... 5 PART ONE: Introduction .................................................................................................................... 5 1.1 Title ..................................................................................................................................... 5 1.2 Purpose ............................................................................................................................... 5 1.3 Components of Bylaw .......................................................................................................... 5 1.4 Applicability ......................................................................................................................... 5 1.5 Effective Date ...................................................................................................................... 5 1.6 Repeal ................................................................................................................................ 6 1.7 Establishment of Zones ....................................................................................................... 6 1.8 Compliance with other legislation ........................................................................................ 7 1.9 Interpretation ....................................................................................................................... 7 1.10 Severability .......................................................................................................................... 8 1.11 List of Acronyms .................................................................................................................. 8 1.11.1 Cities Towns and Villages Act ...................CTV .......................................................... 8 ........................................................................................................................................................... 9 PART TWO: Roles and Responsibilities ............................................................................................... 9 2.1 Development Authority ........................................................................................................ 9 2.2 Role of Council .................................................................................................................... 9 2.3 Role of Development Officer ................................................................................................ 9 2.4 Development Appeal Board ............................................................................................... 10 2.5 Secretary Development Appeal Board ............................................................................... 11 ......................................................................................................................................................... 13 PART THREE: Compliance and Enforcement ....................................................................................... 13 3.1 General Provisions ............................................................................................................ 13 3.2 Right of Entry .................................................................................................................... 13 3.3 Offences ........................................................................................................................... 13 3.4 Violation Tickets ................................................................................................................ 14 3.5 Penalties ........................................................................................................................... 14 PART FOUR: Bylaw Amendment ....................................................................................................... 16 4.1 General Regulations Regarding Bylaw Amendments ......................................................... 16 4.2 Reviewing Bylaw Amendments .......................................................................................... 17 4.3 Amendment Process ......................................................................................................... 17 ii 4.4 Notification of Bylaw Amendment ...................................................................................... 18 PART FIVE: Development Process .................................................................................................... 20 5.1 Control of Development ..................................................................................................... 20 5.2 Development Permit Exemptions ....................................................................................... 20 5.3 Validity of Permits .............................................................................................................. 21 5.4 Expiry of Permits ............................................................................................................... 21 5.5 Resubmission Interval ....................................................................................................... 22 5.6 Non-Conforming Buildings and Uses ................................................................................. 22 5.7 Similar Uses ...................................................................................................................... 23 5.8 Application Requirements .................................................................................................. 23 5.9 Referrals ............................................................................................................................ 24 5.10 Variance Powers ............................................................................................................... 25 5.11 Conditions ......................................................................................................................... 26 5.12 Development Agreements ................................................................................................. 27 5.13 Decisions of Development Permit ...................................................................................... 27 5.14 Notification of Development Permit .................................................................................... 28 5.15 Suspending or Revoking a Development Permit ................................................................ 29 5.16 Amending a Development Permit ...................................................................................... 29 5.17 Appeal of Development Permit .......................................................................................... 29 PART SIX: General Provisions .......................................................................................................... 31 6.1 Grade, Soils and Drainage ................................................................................................ 31 6.2 Lot Servicing...................................................................................................................... 31 6.3 Moving Buildings (Relocation) ............................................................................................ 31 6.4 Projections......................................................................................................................... 32 6.5 Setbacks ........................................................................................................................... 33 6.6 Protection from Explosive Hazards .................................................................................... 35 6.7 Fire Protection and Access to Fire Hydrants ...................................................................... 35 6.8 Airport Vicinity Protection ................................................................................................... 35 6.9 Mixed Use Buildings .......................................................................................................... 36 6.10 Screening .......................................................................................................................... 36 6.11 Parking and Loading .......................................................................................................... 37 6.12 Waste ................................................................................................................................ 40 6.13 Water Usage and Protection .............................................................................................. 41 ......................................................................................................................................................... 42 PART SEVEN: Specific Use Regulations ............................................................................................. 42 7.1 Accessory Buildings or Structures...................................................................................... 42 iii 7.2 Fences .............................................................................................................................. 42 7.3 Carwash ............................................................................................................................ 42 7.4 Motel and Hotel ................................................................................................................. 43 7.5 Multiple Dwelling Developments ........................................................................................ 43 7.6 Manufactured Dwellings .................................................................................................... 43 7.7 Daycares ........................................................................................................................... 44 7.8 Assisted Living Facility....................................................................................................... 44 7.9 Caretaker Units ................................................................................................................. 44 7.10 Home Occupations ............................................................................................................ 44 7.11 Bed and Breakfast ............................................................................................................. 45 7.12 Scrap Yards ...................................................................................................................... 45 7.13 Secondary Suite ................................................................................................................ 45 7.14 Cannabis Retail ................................................................................................................. 46 7.15 Cannabis Production and Manufacturing Facility ................................................................ 46 7.16 Tiny Homes ....................................................................................................................... 47 7.17 Special Care Facilities ....................................................................................................... 47 7.18 Live-Work Suites ............................................................................................................... 48 7.19 Data Centres ..................................................................................................................... 48 PART EIGHT: Zoning Regulations ........................................................................................................ 49 8.1 Land Use Zones ................................................................................................................ 49 8.2 R1 - Low Density Residential ............................................................................................ 50 8.3 R2 - Medium Density Residential ...................................................................................... 52 8.4 CR - Country Residential .................................................................................................. 54 8.5 DT - Downtown Core ........................................................................................................ 56 8.6 HC - Highway Commercial ................................................................................................ 58 8.7 CU - Community Use ........................................................................................................ 60 8.8 I - Industrial ....................................................................................................................... 61 8.9 PO - Parks and Open Space ............................................................................................ 63 8.10 H - Hinterland ................................................................................................................... 64 8.11 A - Aerospace ................................................................................................................... 65 PART NINE: Signs ............................................................................................................................ 67 9.1 Development Permits for Signs ......................................................................................... 67 9.2 Signs Not Requiring a Development Permit ....................................................................... 68 9.3 General Sign Provisions .................................................................................................... 69 9.4 Sign Location Provisions ................................................................................................... 69 9.5 Fascia Sign........................................................................................................................ 69 9.6 Freestanding Sign ............................................................................................................. 70 iv 9.7 Canopy Sign ...................................................................................................................... 71 9.8 Monument Sign ................................................................................................................. 71 9.9 Projecting Sign .................................................................................................................. 71 PART TEN: Definitions ..................................................................................................................... 73 FORM 'A' ............................................................................................................................................. 87 FORM 'B': DEVELOPMENT PERMIT & NOTICE THEREOF ............................................................... 99 FORM 'C' ........................................................................................................................................... 100 FORM 'D1' ......................................................................................................................................... 101 FORM 'D2' ......................................................................................................................................... 102 FORM 'D3' ......................................................................................................................................... 103 FORM 'E' ........................................................................................................................................... 104 FORM 'F' ............................................................................................................................................ 105 5 PART ONE: Introduction 1.1 Title 1.1.1 This Bylaw is titled the Town of Inuvik Zoning Bylaw and is referenced as "Zoning Bylaw" in the text herein. 1.2 Purpose 1.2.1 The purpose of this Bylaw is to facilitate development within the Town of Inuvik in accordance with the Community Plan by regulating the development and use of land. 1.3 Components of Bylaw 1.3.1 The Zoning Bylaw includes: a. Schedule A, the Bylaw text; b. Schedule B, Planning & Zoning Bylaw Maps; and, c. Schedule C, Development Permit Application Forms. 1.4 Applicability 1.4.1 This Bylaw shall apply to all lands contained within the Town municipal boundary. 1.4.2 Development applications received and development permits issued before the date this Bylaw came into effect shall be processed in accordance with the Town of Inuvik Zoning Bylaw 2583/P+D/15. 1.4.3 Subdivision applications received and approved before the date this Bylaw came into effect shall be processed in accordance with the Town of Inuvik Zoning Bylaw 2583/P+D/15 1.4.4 The Town recognizes the legal authority of the Gwich'in Comprehensive Land Claim Agreement and the Inuvialuit Comprehensive Land Claim Agreement. As such, the Bylaw shall not infringe on Aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act 1982. 1.5 Effective Date 1.5.1 This Bylaw comes into effect upon approval by Council. 6 Town of Inuvik Zoning Bylaw Introduction 1.6 Repeal 1.6.1 The Town of Inuvik Zoning Bylaw 2583/P+D/15 as amended is hereby repealed. 1.7 Establishment of Zones 1.7.1 The Zoning Maps are found in Schedule B of this Bylaw and form part of this Bylaw. 1.7.2 For the purposes of this Bylaw, the following zones are hereby established: a) R1 Low Density Residential b) R2 Medium Density Residential c) CR Country Residential d) DT Downtown Core e) HC Highway Commercial f) CU Community Use g) I Industrial h) PO Parks and Open Space i) H Hinterland j) A Aerodrome 1.7.3 Where uncertainty arises as to the precise location of the boundary of any zone, the following rules shall apply: a. A boundary which follows a street, right-of-way, lane, or stream shall be deemed to follow the centerline thereof; b. A boundary which approximately follows a Lot Line shall be deemed to follow the lot line; c. A boundary which approximately follows the municipal boundary shall be deemed to follow the municipal boundary; d. A boundary which approximately follows the shoreline of a creek, stream, or channel shall be deemed to follow the shoreline and moves with any change in such shoreline; and e. In circumstance not covered in Subsection 1.7.3, the location of the zone boundary shall be determined: i. by the dimensions set out on the Schedule B - Zoning Map; or, ii. by the measurement of and use of the scale shown on the Zoning Map. 7 Town of Inuvik Zoning Bylaw Introduction 1.8 Compliance with other legislation 1.8.1 A person applying for, or in possession of a valid development permit, is not relieved from the full responsibility for ascertaining, complying with or carrying out development in accordance with the: a. Government of the Northwest Territories Community Planning and Development Act; b. Most recent revision of the National Building Code of Canada; c. Most recent revision of the National Fire Code of Canada; d. Inuvik Airport Zoning Regulations (Aeronautics Act); e. Conditions of any caveat, covenant, easement, or other instrument affecting a building or land; f. Ongoing maintenance and upkeep of developments as regulated by the: i. Town of Inuvik 'Unsightly Land/Premises Bylaw'; and, ii. National Fire Code of Canada. g. Requirements of any other relevant federal, territorial, or municipal legislation. 1.9 Interpretation 1.9.1 For the purpose of this Bylaw: a. "shall", "will" and "must" require mandatory compliance except where a variance has been granted pursuant to this Bylaw. b. "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. c. "may" is interpreted as optional. d. Where a regulation involves two or more conditions, connected by a conjunction, the following shall apply: i. "and" means all the connected items shall apply in combination; and, ii. "or" means that the connected items may apply singly or in combination. e. 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. f. Other words shall be given their usual and customary meaning. 1.9.2 When in perceived conflict, written regulations take precedence over any diagram or map. 8 Town of Inuvik Zoning Bylaw Introduction 1.9.3 The standard measurement 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. 1.10 Severability 1.10.1 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. 1.10.2 1.11 List of Acronyms 1.11.1 Cities Towns and Villages Act ...................CTV Community Plan.....................................CP Development Officer ...............................DO Government of the Northwest Territories......GNWT Senior Administrative Officer.....................SAO Zoning By-law........................................ZBL 9 PART TWO: Roles and Responsibilities 2.1 Development Authority 2.1.1 The Development Authority is hereby established as a person authorized to exercise development powers and duties on behalf of the Town. 2.1.2 The Development Authority must consider the Town's statutory plans and Bylaws when considering a development permit application. 2.1.3 The Development Authority must comply with all federal, territorial, or municipal legislation, regulation, or Act. 2.1.4 The Development Authority shall be: a. Council, and/or, b. The Development Officer. 2.2 Role of Council 2.2.1 The function of Council with respect to this Bylaw shall be to: a. review and render decisions 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 render decisions on applications for development of a Discretionary Use, having regard for the regulations of this Bylaw and the provisions of the Community Plan; c. review and render decisions on applications for development of uses in such zones where Council is identified as the Development Authority; d. review and render decisions on applications for rezoning and/or other Bylaw amendments presented to it by the Development Officer; e. specify the length of time that a permit may remain in effect for a temporary Use; and, f. carry out other such duties as may be prescribed in this Bylaw. 2.3 Role of Development Officer 2.3.1 The office of the Development Officer is hereby established and shall be filled by a person appointed by resolution of Council established in accordance with the Act. The Development Officer is authorized to perform the duties specified in this Bylaw and has enforcement powers as specified by Council pursuant to the Act. 10 Town of Inuvik Zoning Bylaw Roles and Responsibilities 2.3.2 The Development Officer shall, using good faith and professional judgment: a. keep and maintain for the inspection of the public, a copy of this Bylaw and its amendments; b. keep a register of all development permit applications, and the decisions in relation to those applications; c. review and render decisions on development permit applications for: i. permitted uses; i. day homes; ii. home occupations; iii. secondary suites; and, iv. the development of signs. having regard for the regulations of this Bylaw and the provisions of the Community Plan; d. refer to Council, with recommendations, any development permit for which Council is the Development Authority or any development permit in which in the Development Officer's opinion should be decided by Council; e. provide a notice of decision on development permit applications in accordance with this Bylaw; and, f. carry out other such duties as may be prescribed in this Bylaw. 2.4 Development Appeal Board 2.4.1 The Development Appeal Board is hereby established in accordance with the Act. 2.4.2 The Development Appeal Board is authorized to perform the duties specified in this Bylaw and has enforcement powers as specified in this Bylaw and the Act. 2.4.3 The Development Appeal Board shall be composed of a: a. Chairperson; and, b. Four other members; appointed by resolution of Council. 2.4.4 The Development Appeal Board shall include at least one member of Council. 2.4.5 In accordance with the Act, no more than one Council member may be appointed to the Development Appeal Board. 2.4.6 In accordance with the Act, the Development Appeal Board shall not include employees of the Town of Inuvik. 2.4.7 The Development Appeal Board members shall be appointed concurrently for 3 years of office and shall not be dismissed except for just cause. 11 Town of Inuvik Zoning Bylaw Roles and Responsibilities 2.4.8 When retirement or resignation of a Development Appeal Board member results in a vacancy, the vacant position shall be filled by resolution of Council. 2.4.9 The Development Appeal Board must consider and issue decisions on appeals referred to the Board under the provisions of the Act having regard for the circumstances and merits of the case, Zoning Bylaw, Community Plan, and any Council approved plans or policies. 2.4.10 The Development Appeal Board shall hear the Development Officer and any other persons who may contribute to a full and proper hearing. 2.4.11 The Development Appeal Board shall meet within thirty days after an application for an appeal has been made. 2.4.12 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. 2.4.13 Only those members of the Development Appeal Board in attendance at a Board meeting shall vote on any matter then before the Board. 2.4.14 A decision of the Development Appeal Board made in quorum is deemed to be a decision of the whole Board. 2.4.15 The Development Appeal Board may confirm, revoke, or vary the decision under appeal, and it may impose any conditions or limitations as it sees fit. 2.4.16 The Chairperson of the Development Appeal Board shall sign all notices of decisions and any 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 the Development Appeal Board. 2.4.17 Where the Chairperson of the Development Appeal Board is absent, any document of the Board may be signed by any one Board member, and when so signed, shall have the like effect as though signed by the Chairperson. 2.4.18 A decision of the Development Appeal Board is final and binding on all parties, subject only to appeal under Division B of the Act. 2.5 Secretary Development Appeal Board 2.5.1 The office of the Secretary of the Development Appeal Board is hereby established and shall be filled by an employee of the Town of Inuvik, as appointed by Council, or the Senior Administrative Officer acting on behalf of Council. 2.5.2 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. 2.5.3 The Secretary shall, in accordance with the Act: 12 Town of Inuvik Zoning Bylaw Roles and Responsibilities 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 of a hearing to: i. the appellant in writing; ii. owners and lessees of land within 30.00 meters of the boundary of the land in request of which the appeal relates through registered mail; and, iii. the public through newspaper, Town website, and community notice boards; Two weeks prior to the hearing; 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 sixty days after the Appeal Board renders its decision, 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. 13 PART THREE: Compliance and Enforcement 3.1 General Provisions 3.1.1 Any person convicted of a breach of any of the provisions of this Bylaw shall be liable to a fine under the Act. 3.1.2 In Accordance with the Act, Council may authorize the Development Officer or another person to act to execute enforcement of this Bylaw including: a. inspect any land or building for a purpose; b. enforce the regulations of the Zoning Bylaw or development permit; or, c. apply to the court for an injunction or other Order to restrain a contravention. 3.2 Right of Entry 3.2.1 The Development Officer may, in accordance with the Act, a. enter any land or building at any reasonable time and carry out inspections; b. require anything to be produced to assist in the inspection; and, c. make copies of anything related to the inspection. 3.2.2 Notwithstanding Subsection 3.2.1, the Development Officer shall not enter the occupied portion of a dwelling without the consent of the occupier or the authority of a warrant. 3.2.3 The Development Officer shall, on request, display or produce identification showing that they are authorized to make the entry. 3.2.4 Where a person fails or refuses to comply with an order within the specified time, Council, or a person appointed by Council may, in accordance with the Act, enter upon the land or building and take any necessary action to carry out the order. 3.2.5 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 in the Act. 3.3 Offences 3.3.1 A person who a. commences a development without an approved development permit; b. fails to comply with the conditions of an approved development permit; 14 Town of Inuvik Zoning Bylaw Compliance and Enforcement c. fails to comply with any notice or order issued under this Bylaw; or, d. fails to comply with any decision of the Development Appeal Board; in accordance with this Bylaw is guilty of an office and is liable on summary conviction to a fine. Each day of violation shall constitute a separate offence. 3.4 Violation Tickets 3.4.1 A Development Officer who determines that a development, or a use of land or of a building, contravenes the regulations of the Zoning Bylaw or a development permit, may issue a written order to the owner of the land or building where the development or use is located, or to the person alleged to be responsible for the contravention. 3.4.2 Written orders shall: a. specify the contravention; b. direct the person to whom the order is issued to do one or more of the following: i. stop the development in whole or in part as specified in the order, ii. alter the development, iii. demolish, remove, or replace the development, iv. restore the land or building to the condition it was in immediately before the undertaking of the development, v. stop the use of the land or building in whole or in part as specified in the order, or, vi. take any other actions required by the order so that the development, the use of land, or the use of the building conforms with this Act, the regulations, a zoning bylaw, or a development permit. c. identify a time in which direction must be complied with; and, d. advise of the right of appeal. 3.4.3 The Development Officer or Council may require security in the form of a letter of credit, performance bond, or certified cheque to ensure the development is conducted and completed in compliance with any requirement of a development permit or development agreement. 3.5 Penalties 3.5.1 A person who contravenes this Bylaw and is 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: to a fine not exceeding $5,000 and, in addition, to a fine not exceeding 15 Town of Inuvik Zoning Bylaw Compliance and Enforcement $1,000 for every day the offence continues, or, i. to imprisonment for a term not exceeding six months in default of payment of the fine; ii. In accordance with the Act. 16 PART FOUR: Bylaw Amendment 4.1 General Regulations Regarding Bylaw Amendments 4.1.1 Proposed amendments to this Bylaw shall be processed in accordance with the Act. 4.1.2 Council may initiate an amendment to the Bylaw. 4.1.3 Administration may, at any time, present a request for Bylaw amendment to Council. 4.1.4 Any person may apply to have the Zoning Bylaw amended. 4.1.5 Any person applying to amend any part of this Bylaw shall apply in writing Town. 4.1.6 All applications for a Bylaw amendment shall be accompanied by: a. a complete application form; b. a signed statement by the applicant assuming responsibility for all costs incurred by the Town in processing the proposed amendment, whether it be enacted or not, including, but not limited to, all mapping, printing, reproduction, surveys, planning consultants reports and advertising costs; c. a written statement describing the: i. reasons for the application; ii. How the amendment aligns with approved statutory plans, non- statutory plans, and Council policies; and, iii. How the amendment aligns with statutory plans, non-statutory plans, and Council policies under preparation. d. An application fee as established by the Town. 4.1.7 The Development Authority may request additional information to evaluate the Bylaw amendment, including but not limited to: 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. a site plan of the proposed development; d. an engagement summary describing any public consultation; or, e. reports, drawings, plans, or technical studies required by the Development Authority to consider the application 17 Town of Inuvik Zoning Bylaw Bylaw Amendment 4.1.8 Where the Development Authority requires any technical study or assessment, all submitted documents are to be prepared by a qualified registered professional in their respective fields. All submitted documents shall include certification by the professional who prepared the document. 4.1.9 An application for a Bylaw amendment which has been rejected by Council within the previous 365 days shall not be accepted by the Town unless directed by Council through resolution. 4.2 Reviewing Bylaw Amendments 4.2.1 Upon receipt of an application for a Bylaw amendment, the Development Officer shall initiate or undertake an investigation and analysis of the potential impacts of amendment. The analysis shall, among other things, consider the following impact criteria: a. relationship to and compliance with the Community Plan; b. relationship to and compliance with authorized plans and schemes in c. preparation; d. compatibility with surrounding development in terms of land use function and scale of development; e. traffic impacts; f. relationship to, or potential impacts upon, services such as water and sewage systems, and other utilities and public facilities such as recreational facilities and schools; g. relationship to municipal land, right of way, or easement requirements; h. effect on the site's structural stability; i. necessity and appropriateness of the proposed amendment in view of the stated intentions of the applicant; and, j. documented concerns and opinions of area residents regarding the application. 4.2.2 Bylaw amendments for the rezoning of one or more parcels shall be analyzed based upon the full development potential of the uses and development regulations specified in the proposed zone, and not on the merits of any particular development proposal. 4.3 Amendment Process 4.3.1 In reviewing and processing Bylaw amendment applications, the Development Officer shall: a. examine the proposed amendment; b. prepare a written report on the proposed amendment; and, c. advise the applicant in writing that the Development Officer: 18 Town of Inuvik Zoning Bylaw Bylaw Amendment i. is prepared to recommend the amendment to the Council without further investigation; ii. is not prepared to recommend the amendment; iii. requires further investigation to make a recommendation; or, iv. is prepared to recommend an alternative amendment. 4.3.2 Upon receiving the direction of the Development Officer, the applicant shall advise the Development Officer if the applicant: a. wishes the proposed amendment to proceed to Council, or, b. does not wish to proceed to Council with the proposed amendment. 4.3.3 Where an applicant does not proceed to Council, the application is considered abandoned. 4.3.4 Where an applicant directs the Development Officer to proceed to Council, the Town may require the applicant pay advertising costs, and any other costs incurred by the Town prior to the amendment proceeding to Council. 4.3.5 Following receipt of any outstanding costs, the Development Officer shall submit the proposed amendment to Council for consideration including: a. the proposed amendment; b. a recommendation on the proposed amendment; and, c. results of the Development Officer's analysis of the Bylaw amendment; and any other relevant material. 4.3.6 In the case of Bylaw amendments initiated by Council, the Development Officer must consider the proposed amendment and submit the items described in Subsection 4.3.1 for Council consideration. 4.3.7 Council shall review applications for Bylaw amendment in accordance with the Act. 4.3.8 Notwithstanding any other provision of this Bylaw, in accordance with the Act, a public hearing is not required if the amendments are limited to the correction of errors and do not affect the substance of the Bylaw. 4.4 Notification of Bylaw Amendment 4.4.1 After giving a proposed Bylaw amendment first reading, and before giving it second reading, the Town shall, as per the Act, advertise a public hearing: a. in two separate issues of the local newspaper, describing the pending amendment; and, b. dispatch a notice by ordinary mail to: i. the applicant; ii. the owners of the land subject to the proposed rezoning amendment; and, iii. adjacent property owners. 19 4.4.2 The notice shall state: a. the purpose for the amendment; b. the place or places (one of which shall be the office of the municipality), where a copy of the proposed Bylaw amendment may be inspected by the public during office hours; and, c. the time and place at which Council will hold a public hearing on the amendment. 4.4.3 For standard duty of care, such notices shall normally also be placed on social media and paper copes fastened to the bulletin boards at the Post Office and Town Hall. 20 PART FIVE: Development Process 5.1 Control of Development 5.1.1 No development shall be undertaken within the municipality unless an application has been approved and a development permit has been issued. 5.1.2 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. 5.1.3 Excluding developments specifically exempted in Subsection 5.1.2, no development shall be undertaken, nor occupancy granted, use commenced, structure moved, or building erected or demolished without the necessary permits having been obtained pursuant to this Bylaw. 5.1.4 Where a judgment is required at the discretion of the Development Officer, the Senior Administrative Officer, or Council, consideration will be given to safety, benefits to the community, recognized professional best practices, and conformance to legislative standards. 5.2 Development Permit Exemptions 5.2.1 A development permit is not required for the following Developments provided that the proposed development complies with the applicable regulations of this Bylaw, do not require a variance, or is exempted by Territorial or Federal regulations: a. the completion and/or use of a building which is lawfully under construction at the date of approval of this Bylaw; b. the carrying out of works involving maintenance, repair, or interior renovations to any building, if such works do not: i. alter the use or intensity of the use; ii. increase the number of dwelling units; iii. increase any dimensions of the original building or structure; and, iv. do not include structural alterations. c. landscaping, provided that such work does not alter the existing grade or natural surface drainage patterns; 21 Town of Inuvik Zoning Bylaw Development Process d. construction or placement of construction trailers or temporary buildings, works, plant or machinery associated with construction operations for which a development permit which has been issued, for the period of those operations; e. the installation, maintenance and repair of public works, services and utilities carried out by or on behalf of the municipal authority; f. the construction or installation of an accessory building or structure that does not exceed 14.00 m² (150.7 sq ft) in area and is not more than 3.00 m (9.84 ft) in height; g. unenclosed decks or patios no higher than 0.60 m (1.97 ft) above grade; h. move a building or structure including manufactured homes smaller than 14.00 m² (150.7 sq ft) within, into or out of the Town of Inuvik; i. fences, gates or walls less than 1.00 m (3.28 ft) in height in front yards, and not exceeding 2.00 m (6.56 ft) in height in side and rear yards; j. solar panels where the solar panel is: i. affixed to a building; and, ii. complies with the National Building Code of Canada. k. signs as described in Section 9.0; and, l. Any of the following: i. Traditional and Cultural Activities; ii. Teepees and tents; iii. Firepits; iv. Fish smokehouses; and, v. Crosses and memorials. 5.3 Validity of Permits 5.3.1 When an application for a development permit has been approved by the Development Authority, the development permit shall not be valid unless and until any conditions of approval, other than those of a continuing nature, have been fulfilled. 5.3.2 No change in plans, use of site, or methods of construction shall be undertaken unless, and until, such change is approved in writing by the Development Officer. 5.4 Expiry of Permits 5.4.1 A development permit shall become void if the development has not commenced or been discontinued for a period of 365 days or has not been actively carried on for a period of 730 days. 22 Town of Inuvik Zoning Bylaw Development Process 5.4.2 A development, once begun, shall not be abandoned, or left for an extended period of time in what the Development Authority considers to be an unsightly or unsafe condition. 5.4.3 When a development permit becomes void, a new development permit application is required before a new development may proceed. In reviewing the development permit the Development Authority shall treat the application as if it were the first application and there shall be no obligation to approve such application. 5.5 Resubmission Interval 5.5.1 When an application is refused by the Development Authority or the Development Appeal Board, another application on the same site for the same use, shall not be accepted by the Development Authority for at least 180 days after the date of the previous refusal. 5.6 Non-Conforming Buildings and Uses 5.6.1 The Development Authority may permit a development in any zone on a lot which is substandard with respect to width, depth, or area, provided that: a. such lot was legally registered and existing at the date of commencement of this Bylaw; and, b. that the development is otherwise in accordance with the regulatory requirements of the zone. 5.6.2 When, at the time this Bylaw is adopted, a non-conforming use exists, the non-conforming use of land or building may be continued but if that use is discontinued for a period of 180 days or more, any future use of the land or building shall conform with the provisions of the Zoning Bylaw then in effect. 5.6.3 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. 5.6.4 A non-conforming use of part of a building may be extended throughout the building but the building shall not be enlarged or added to, and no structural alterations shall be made to it except: a. to make it a conforming building; or, b. for the routine maintenance of the building. 5.6.5 If a non-conforming building is damaged or destroyed such that more than 75.0% 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. 5.6.6 If there is change in ownership, tenancy or occupancy of lands or a building deemed to be non-conforming its status will not be changed. 23 Town of Inuvik Zoning Bylaw Development Process 5.7 Similar Uses 5.7.1 In situations where an application for development 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. 5.7.2 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. 5.7.3 Similar uses shall be subject to the same regulations as the use that they are similar to. 5.8 Application Requirements 5.8.1 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. 5.8.2 Where the applicant is other than the owner, the owner's written consent must be submitted with the application. 5.8.3 An application for development permit shall be made by submitting a completed application form to the Development Officer. 5.8.4 Every application for a development permit shall include: a. a completed application form; b. a statement of ownership of land and interest of the application; and, c. an application fee as determined in the Consolidated Rates and Fees Bylaw as amended. 5.8.5 At the discretion of the Development Authority, an application for a development permit may also require: 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. a detailed statement of the proposed use(s) for the property and buildings in question; d. a site plan showing the: i. legal description of the lot ii. the existing or proposed property lines and dimensions iii. setbacks and dimensions for front, rear and side yards iv. locations and dimensions of all existing buildings, structures or uses on the lot; v. any provisions for off-street loading and vehicle parking; i. access and exit points to the site; ii. provision for landscaping and drainage; and, 24 Town of Inuvik Zoning Bylaw Development Process iii. any other site features requested by the Development Authority. b. building floor plans including: i. proposed uses; ii. total gross floor area; and, iii. building dimensions. c. elevation drawings; d. photographs of the site; e. any other drawings that describe the development; f. the estimated commencement and completion dates; and g. the estimated cost of the project. 5.8.6 The Development Officer may require additional information to review and properly evaluate a proposed development including but not limited to: a. copies of any provincial, 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 Authority. 5.8.7 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. 5.9 Referrals 5.9.1 Prior to issuing a decision, the Development Authority may circulate a development permit application to any Town department, territorial, federal department or any other agency or body. 5.9.2 The Development Authority shall give consideration to any recommendations or comments received by referral agencies. 5.9.3 Any proposed development that may intrude into regulated aerodrome operational space shall be referred to Transport Canada. 5.9.4 Any proposed development that may interfere with or is proposed in proximity with archeological sites shall be referred to the Prince of Wales Northern Heritage Centre. 25 Town of Inuvik Zoning Bylaw Development Process 5.9.5 Development within the Dempster Highway right-of-way is subject to approval from the GNWT Department of Transportation. 5.9.6 Vehicular road access to and from the Dempster Highway is subject to the approval of the GNWT Department of Transportation. 5.10 Variance Powers 5.10.1 A variance shall only be considered by the Development Authority in cases of unnecessary hardship or practical difficulties unique to the use, character, or situation of land or a building, which are not generally common to other land in the same zone. 5.10.2 The Development Authority may approve an application for a development permit where the proposed development does not comply with the provisions of this Bylaw if, in the opinion of the Development Authority: a. the variance is minor; b. denial of the application would cause the applicant unnecessary hardship unique to the use or site; and, c. the variance does not exceed the variance powers of the Development Authority. 5.10.3 In considering a variance, the Development Authority shall consider: a. the impact of the variance on municipal infrastructure; b. the impact of the variance on adjacent properties; c. the impact of the variance in the neighbourhood; d. the general purpose of the appropriate zone; and, e. the policies of the Community Plan. 5.10.4 In considering a development permit application, the Development Officer's variance powers shall be limited where the variance is requested for: Projection Development Officer Variance Powers a) Minimum front yard setback 10% in all Zones b) Minimum side yard setback 25% in Zone R1 and R2 10% in all other Zones c) Minimum rear yard setback 25% in Zone R1 and R2 10% in all other Zones d) Fence height 0.1m in front yards 0.2 m in side and rear yards 5.10.5 Any variance greater than the allowances identified in Subsection 5.10.4 above, shall only be granted by Council. 5.10.6 Where a side or rear yard variance is requested adjacent to the utilidor, the Development Authority shall circulate the application to the Town of Inuvik Fire Chief and Director of Infrastructure for input prior to a decision. 26 Town of Inuvik Zoning Bylaw Development Process 5.11 Conditions 5.11.1 The Development Authority may impose, with respect to a permitted use, such conditions as are required to ensure complete compliance with this Bylaw. 5.11.2 The Development Authority 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. 5.11.3 A condition for a Discretionary Use may impose a time limit on the development or use. 5.11.4 The Development Authority may, as a condition of issuing a development permit, and with reason, require the applicant to: 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 an acceptable Fire Safety Plan has been submitted to the Office of the Fire Marshal, and to provide a copy of the Fire Safety Plan; c. provide evidence of site investigations by a qualified professional engineer to determine the suitability of the site for the intended development; d. provide evidence that a building including its foundations will be designed in accordance with the National Building Code of Canada; e. provide a traffic study completed by a qualified professional; f. provide an environmental assessment completed by a qualified professional to identify risks and mitigation measures relevant to the proposed development; g. provide evidence of compliance with any other relevant federal, territorial, or municipal legislation; or, h. 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 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; 27 Town of Inuvik Zoning Bylaw Development Process vi. construct, or pay for the construction of, off-street or other parking 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 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 any agreement entered into. 5.12 Development Agreements 5.12.1 As a condition of development permit approval, and where reasonable justification exists, the Development Authority may require that the applicant enter into a Development Agreement with the Town, which, in addition to other matters, may require the applicant: a. To construct or pay for the construction of any or all of: i. a road required to give access to the Development, ii. a 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. required landscaping of the site and any adjoining Site, or, vii. required Municipal Services easements to the Site; b. To 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. To 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. To enter into an agreement requiring subdivision or consolidation of lots. 5.12.2 To ensure compliance with a Development Agreement, the Town may register a caveat against the lot being developed, which shall be discharged upon the terms of the agreement being met. 5.13 Decisions of Development Permit 5.13.1 The Development Authority must make a decision on an application for a development permit within 40 days of the official receipt of the application. 5.13.2 The applicant may request confirmation in writing from the Development Officer that their application has been received. 28 Town of Inuvik Zoning Bylaw Development Process 5.13.3 The Development Authority, and applicant, through an agreement verbally or in writing, may extend the timeframe to issue a decision on a development permit. This would normally occur in situations where additional information is found to be required, as per Section 5.8; or where a variance needs to be approved, as per Section 5.9; or where referrals to an outside agency are awaiting a response, as per section 5.10; negotiations for a Development Agreement are underway, as per Section 5.12. 5.13.4 An application is deemed to be refused if a decision of the Development Authority has not been made within forty days of the official final receipt of the application and no extension has been agreed to. 5.13.5 A development permit does not come into effect until 15 days after the date of decision is publicized. Any development proceeded with prior to the expiry of this period is done solely at the risk of the applicant. Permitted Use 5.13.6 The Development Authority 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. 5.13.7 If a development permit application for a permitted use does not conform to all provisions of this Bylaw, the Development Authority may: a. grant a variance to approve the application, with or without conditions; or, b. refuse the application stating reasons. Discretionary Use 5.13.8 In issuing a decision for a development permit for a discretionary use, with or without a variance, Council as the Development Authority may: a. approve the application, with or without conditions; or, b. refuse the application stating reasons. 5.14 Notification of Development Permit 5.14.1 When a development permit has been approved, the Development Officer shall, as soon as possible: a. post a notice of decision on the lot for which the application has been made; and, b. post a notice of the decision in the municipal office, and any other public location the Development Officer deems necessary. 29 Town of Inuvik Zoning Bylaw Development Process 5.15 Suspending or Revoking a Development Permit 5.15.1 The Development Authority 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; or, d. the owner requests cancellation of the development permit in writing. 5.15.2 Written notice stating that the development permit has been canceled, 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 development. 5.15.3 Written notice shall state: a. the grounds for the cancelation, suspension, or modification; b. the conditions that must be met for a suspended development permit to be reinstated, including appeal. 5.16 Amending a Development Permit 5.16.1 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 may request an amendment to the approved development permit. 5.16.2 At the discretion of the Development Authority, applications for amendments to approved development permits may require updated or new submissions. 5.16.3 In considering proposed amendments to an approved development permit, the Development Authority shall consider: a. if the application complies with this Bylaw; and, b. if the amendment is directly related to the uses and conditions of the effective development permit. 5.16.4 Any changes to an approved development permit that require a new variance or a change in use require a new development permit application. 5.17 Appeal of Development Permit 5.17.1 A person claiming to be affected by a decision of the Development Authority made under this Bylaw may appeal to the Development Appeal Board by serving written notice using Form D1 of appeal within: 30 Town of Inuvik Zoning Bylaw Development Process a. 14 days after the applicant has received notice of decision or posted at the Municipal Office; or, b. a further time, not exceeding an additional 46 calendar days, that the Chairperson of the Development Appeal Board considers appropriate for "just cause". 31 PART SIX: General Provisions 6.1 Grade, Soils and Drainage 6.1.1 Lot grades shall be established with a minimum 2.0% gradient, to the satisfaction of the Development Authority. 6.1.2 All lot drainage shall meet the satisfaction of the Development Authority. 6.1.3 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 Authority. 6.2 Lot Servicing 6.2.1 All new development permit applications must demonstrate, to the satisfaction of the Development Authority, adequate: a. water supply and distribution; 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. 6.3 Moving Buildings (Relocation) 6.3.1 A development permit shall be required for moving (relocating) buildings. 6.3.2 No person shall move a building or structure including manufactured dwelling larger than 14.00 m² (150.70 sq ft) within, into or out of the municipality without an approved development permit. 6.3.3 The Development Authority 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 the building or structure is to be moved. 6.3.4 The Development Authority may refuse to issue a permit for the moving of a building or structure if the building or structure is in a decrepit or significantly unsightly condition, or issue a condition that the building must be renovated to a certain standard by a certain date. 6.3.5 The Development Authority may, as a condition of a development permit, require certain renovations and alterations so that the building will conform 32 Town of Inuvik Zoning Bylaw General Provisions 6.3.6 with the requirements of the Zoning Bylaw or other bylaws, the National Building Code of Canada, and any other territorial or federal legislation. 6.3.7 The Development Authority may require the applicant or owner to provide a security to ensure that the move be completed within a time period specified as a condition of approval. 6.4 Projections 6.4.1 No portion of a building shall project onto, over, or into any required yard setback except in accordance with the following: Projection Front Yard Setback Side Yard Setback Rear Yard Setback a. Decks, patios, eaves, shade projections, stairs and landings, chimneys, and sills 0.61 meters (2.0 feet) 0.46 meters (1.5 feet) 0.46 meters (1.5 feet) b. Bay or oriel windows 0.61 meters (2.0 feet) 0.61 meters (2.0 feet) 0.61 meters (2.0 feet) c. Balconies 1.88 meters (6.2 feet) 0.61 meters (2.0 feet) 1.88 meters (6.2 feet) 6.4.2 Notwithstanding Subsection 6.4.1, no projections of any kind are permitted within 3.00 m (9.84 ft) of the centerline of the utilidor, in accordance with the Town of Inuvik Water and Sewer Administration Management and Operations Bylaw. 33 Town of Inuvik Zoning Bylaw General Provisions 6.5 Setbacks General Setback Regulations 6.5.1 In accordance with the Town of Inuvik Water and Sewer Administration, Management and Operations Bylaw, all buildings and structures shall be setback 3.00 m (9.84 ft) from the centerline of the utilidor. Setbacks From Power Transmission Lines 6.5.2 All buildings, signs, bridges, light standards, antennas, or other structures shall be setback from overhead power transmission lines in accordance with the following: Overhead Equipment or Conductor Separation Distance Horizontal Vertical a. 0-750 V Insulation 300 mm 300 mm b. Greater than 750 V Insulation 1.0 m 3.0 m c. 0-22 KV (bare, exposed, or non-rated insulation) 3.0 m 5.0 m d. Greater than 22 KV (bare, exposed, or non-rated insulation) 3.0 m plus 10 mm per KV in excess of 22 KV 5.0 m plus 10 mm per KV in excess of 22 KV Setbacks from Bodies of Water and Shorelines 6.5.3 Permanent buildings and development, other than marinas, public access, marine transportation facility, and public utilities, shall be set back a minimum of 30.0 m (98.43 ft) from the bank of the Mackenzie River. For all other waterbodies, the setback shall be at least 5.0 meters, but the Town of Inuvik may require up to 15.0m with cause. Setbacks from Pipelines 6.5.4 No dwelling unit or other habitable building shall be located within 15.5 m (50.85 ft) of the centerline of a pipeline carrying highly pressurized gas or volatile liquid, or pipeline right of way, whichever is closest. 34 Town of Inuvik Zoning Bylaw General Provisions Setbacks from Archaeological Sites 6.5.5 The Development Authority may require permanent buildings and development be setback from archaeological sites. 6.5.6 The Development Authority shall establish a setback based on the proposed development and recommendations from the Prince of Wales Northern Heritage Centre. 6.5.7 If, upon after commencement of a permitted development, a heritage resource is discovered, work must cease immediately and the discovery be referred to the relevant territorial authority. Corner Visibility Triangle 6.5.8 Fences, vegetation, buildings, signs, or structures shall not exceed a height of 1.00 m (3.28 ft) within the corner visibility triangle. 6.5.9 The corner visibility triangle shall be measured where two roads meet at a right angle to form a triangle with two equal sides 7.50 m (24.61 ft) in length. 35 Town of Inuvik Zoning Bylaw General Provisions 6.6 Protection from Explosive Hazards 6.6.1 The location of a liquefied petroleum gas storage tank or container with a water capacity exceeding 9,100 litres (L) shall be setback 120.00 m (393.70 ft) from lots zoned residential, commercial, or institutional. 6.6.2 The location of liquefied petroleum gas storage tank or container with a water capacity of less than 9,100 L shall be located in accordance with Territorial Acts and Regulations. 6.6.3 The location of flammable substances and/or storage tanks shall be located in accordance with Territorial Acts and Regulations. 6.6.4 The provision of certified true evidence of such approval and its provision shall be provided to the Development Officer as a condition of permit. 6.7 Fire Protection and Access to Fire Hydrants 6.7.1 Access to fire hydrants and the utilidor system must be maintained for direct public access. 6.7.2 Notwithstanding Subsection 6.7.1, alternative access and fire protection methods may be provided subject to the satisfaction of the Development Authority with input from the Town's Fire Chief. 6.7.3 All development shall comply with the requirements of the Water and Sewer Utility Administration, Management and Operations Bylaw. 6.8 Airport Vicinity Protection 6.8.1 The Development Authority shall require any development permit application that may have an effect on airport operations be referred to the Airport Commission or Authority, Transport Canada and NavCanada in accordance with Section 5.9. 6.8.2 No development within the vicinity of the airport or aerodrome shall be allowed that conflicts with airport or aerodrome safety, including: a. uses that generate smoke, ash, or steam; b. building or structure height; c. electronic interference with aviation communication and guidance equipment; or, d. any other element that conflicts with airport or aerodrome safety; to the satisfaction of the Development Authority. 6.8.3 Any development within the vicinity of the airport shall be subject to the policies, regulations and standards established by the Department of Transportation, Arctic Airports Division, Government of the Northwest Territories and the Inuvik Airport Zoning Regulations pursuant to Section 6 of the Aeronautics Act, and as may be amended. 36 Town of Inuvik Zoning Bylaw General Provisions 6.9 Mixed Use Buildings 6.9.1 A mixed-use building may be occupied by a combination of 1 or more uses listed in a zone, at the discretion of the Development Authority. 6.9.2 Each use within a mixed-use building shall be considered a separate use. 6.9.3 Dwelling units in a mixed-use building must be located above or behind the non-residential use(s). 6.9.4 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. 6.9.5 Notwithstanding Subsection 6.9.4, mixed-use buildings that consist of hotels or motels and dwelling units may have dwelling units located on a separate floor from the hotel or motel use with access from a private or public elevator or stairwell. 6.10 Screening 6.10.1 A non-residential parcel that shares a boundary line with a residential parcel shall provide screening, to the satisfaction of the Development Authority. 6.10.2 Screening requirements may be met through: a. fencing; b. berms; c. landscaping; or, d. a combination thereof; to the satisfaction of the Development Authority. 6.10.3 All outdoor storage areas shall be screened to the satisfaction of the Development Authority. 37 Town of Inuvik Zoning Bylaw General Provisions 6.11 Parking and Loading General Parking Requirements 6.11.1 Adequate access to, and egress from, individual parking spaces is to be provided at all times by means of unobstructed maneuvering aisles and emergency access to the satisfaction of the Development Authority. 6.11.2 All parking and loading areas shall be in a location acceptable to the Development Authority. 6.11.3 All parking and loading areas shall be wholly provided for on the same lot as the building to be served unless otherwise approved by the Development Authority. 6.11.4 All parking and loading areas shall: a. be graded; b. be adequately lit; c. minimize disruption to the continuity of the pedestrian system of sidewalks and on-site pedestrian spaces; and, d. include curb cuts; to the satisfaction of the Development Authority 6.11.5 Parking areas for non-residential uses that share a boundary line with a residential parcel shall be screened to the satisfaction of the Development Authority. 6.11.6 Parking stalls and parking areas shall comply with the following minimum dimensions: Stall Width (a) Parking Angle (b) Depth of Space Perpendicular to Maneuvering Aisle (c) Width of Space Parallel to Maneuvering Aisle (d) Width of Maneuvering Aisle (e) 2.7 m 0° 2.7 m 7.0 m 3.6 m 2.6 m 45° 5.2 m 3.7 m 3.6 m 2.6 m 60° 5.6 m 3.0 m 5.5 m 2.6 m 90° 5.5 m 2.6 m 7.0 m 38 Town of Inuvik Zoning Bylaw General Provisions 6.11.7 Notwithstanding Subsection 6.11.6, if a parking stall is adjacent to a permanent structure including but not limited to buildings or pillars, the parking stall shall have a minimum width of 3.00 m (9.84 feet). 39 Town of Inuvik Zoning Bylaw General Provisions 6.11.8 The number of on-site parking stalls required for residential uses shall conform to the following minimum requirements, unless otherwise stated in this Bylaw: Use Minimum Number of Parking Stalls Required a. Single-Detached Dwelling Two parking stalls per dwelling unit b. Duplex Dwelling Two parking stalls per dwelling unit c. Secondary Suite One (in addition to the parking stalls required for the single-detached dwelling) d. Bed and Breakfast One per rented guest room e. Home Occupation At the discretion of the Development Authority f. All other Uses At the discretion of the Development Authority 6.11.9 Where a development includes more than one type of use, the required number of spaces shall be the sum of the requirements for each of the uses. 6.11.10 Where a building is enlarged, altered or its use is intensified, additional parking may be required at the discretion of the Development Authority. Barrier-free Parking 6.11.11 Barrier-free parking spaces shall be provided in accordance with the requirements of the National Building Code of Canada. 6.11.12 Barrier-free spaces should be located in close proximity to the building entrances. 6.11.13 Barrier-free parking spaces shall comply with the following minimum dimensions: a. 4.00 m (13.12 ft) in width. b. All other dimensions shall comply with the requirements of Subsection 6.11.6. Loading Requirements 6.11.14 To provide adequate space for loading and unloading, loading stalls shall comply with the following minimum dimensions: a. 3.00 m (9.84 feet) in width; b. 7.50 m (24.60 feet) in length; and, c. 4.30 m (14.11 feet) of height clearance. 40 Town of Inuvik Zoning Bylaw General Provisions 6.11.15 Loading stalls shall be designed so that the loading stalls: a. can be properly maintained; b. have vehicular access to, and exit from, a street or lane either directly or by a clearly defined traffic aisle; and, c. do not obstruct the street or sidewalk; to the satisfaction of the Development Authority. 6.11.16 The number of on-site loading spaces required shall conform to the following requirements, unless otherwise stated in this Bylaw: Minimum Number of Loading Stalls Required a. All Uses One loading space for each loading door b. Each building containing 15 or more dwelling units One loading space 6.11.17 Notwithstanding Subsection 6.11.16, additional loading stalls may be required at the discretion of the Development Authority. Queuing Lanes and Spaces 6.11.18 Queuing Lanes shall only be considered in the Highway Commercial Zone. 6.11.19 Queuing lanes shall be designed to allow adequate access and for the safe and orderly operation of motor vehicles to the satisfaction of the Development Authority. 6.11.20 Queuing spaces must not interfere with pedestrian crossings, vehicle parking, or access to a site. 6.11.21 Queuing spaces shall comply with the following minimum dimensions: a. 3.00 m (9.84 feet) in width; and, b. 6.40 m (30.0 feet) in length. 6.11.22 Queueing lanes that share a boundary with a residential parcel shall be screened to the satisfaction of the Development Authority. 6.12 Waste 6.12.1 All developments shall provide containers for the purpose of depositing waste, debris, and recyclable materials to the satisfaction of the Development Authority. 6.12.2 Areas storing waste and recycling containers shall be screened from public view to the satisfaction of the Development Authority. 6.12.3 In accordance with Section 5.12, the Development Authority may require as a condition of development permit approval that the applicant enter into a 41 Town of Inuvik Zoning Bylaw General Provisions Development Agreement with the Town to pay for any necessary bear-proof waste bins. 6.13 Water Usage and Protection 6.13.1 Development permit applications for the following uses shall describe anticipated water needs and water source: a. agriculture; b. brewery and distillery; c. cannabis production and manufacturing facility; d. carwash; e. greenhouse; and, f. any other uses at the discretion of the Development Authority. 6.13.2 The Development Authority shall only approve applications described in Subsection 6.13.1 that provide acceptable water to the use to the satisfaction of the Development Authority. 6.13.3 Where there is a potential for air or water pollution resulting from a particular use, the application for a development permit may be referred by the Development Authority to the appropriate Government Agency for study and recommendation. The Development Authority shall give due regard to recommendations in dealing with the application. 6.13.4 No development which might endanger or impair the quality of water, including within watershed reserves, shall be allowed unless adequate protections are proposed, to the satisfaction of the Development Authority. 6.13.5 All development shall comply with the setback requirements from bodies of water described in Section 6.5.3. 42 PART SEVEN: Specific Use Regulations 7.1 Accessory Buildings or Structures 7.1.1 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 a separate accessory building or structure. 7.1.2 Accessory buildings or structures are subject to the same yard setback requirements required for a principal building in that zone. 7.1.3 No accessory building shall be used for human habitation unless granted approval through a development permit for a secondary suite. 7.1.4 Accessory buildings shall be located a minimum of 3.00 m (9.84 feet) from the principal building or another accessory building on the same parcel. 7.1.5 Sea containers kept on a lot more than 30 calendar days shall be considered an accessory building and require a development permit. These shall be installed in a sightly manner. 7.2 Fences 7.2.1 Fence height shall be measured from grade. 7.2.2 Fence height for all parcels, including corner parcels, shall not exceed: a. 1.00 m (3.28 ft) in front yards; and, b. 2.00 m (6.56 ft) in side and rear yards. 7.2.3 On corner lots, fence height shall comply with the regulations of Subsections 6.5.5 and 6.5.6. In accordance with the Town of Inuvik Water and Sewer Administration, Management and Operations Bylaw, fences shall not obstruct access to the Town of Inuvik fire hydrants or utilidor. 7.3 Carwash 7.3.1 Development permit applications for carwashes shall describe anticipated water needs and water source. 7.3.2 Water or wastewater shall not be allowed to drain off the site. 7.3.3 Water or wastewater associated with the use shall be retained and disposed of in a manner satisfactory to the Development Authority. 7.3.4 The Development Authority shall only approve applications for carwashes that provide and dispose of water to their satisfaction. 43 Town of Inuvik Zoning Bylaw Specific Use Regulations 7.4 Motel and Hotel 7.4.1 In situations where the Motel or Hotel is located in multiple buildings, a minimum of 3.70 m (12.14 ft) of separation shall be provided between each unit and any other building on the site. 7.4.2 Dwelling units located within motels and hotels shall be considered a mixed- use building and comply with the requirements of Section 6.9. 7.5 Multiple Dwelling Developments 7.5.1 For all residential developments containing three or more dwelling units, the following must be provided to the satisfaction of the Development Authority: a. access for fire department vehicles and other emergency vehicles; b. pedestrian access within the site and joining to public sidewalks; c. an enclosed waste storage area; and, d. indoor, outdoor or a combination of indoor and outdoor amenity space calculated at a minimum of 5.0 m² (53.8 sq ft) per dwelling unit. 7.5.2 All costs associated with the development of the outdoor recreation space shall be the responsibility of the developer. 7.6 Manufactured Dwellings 7.6.1 Manufactured dwellings shall be placed on permanent foundations and footings that comply with the requirements of the National Building Code of Canada. 7.6.2 Manufactured dwellings shall have a foundation or skirting that allows adequate ventilation to maintain permafrost, and matches the exterior appearance of the manufactured dwelling to the satisfaction of the Development Authority. 7.6.3 Additions to a manufactured dwelling shall require a foundation or skirting equivalent to that of the existing manufactured dwelling. 7.6.4 As a condition of development permit approval, the Development Authority may require that the hitch and wheels of any manufactured dwelling be removed within 60 days of the placement of the manufactured dwelling. 7.6.5 Permanent additions such as patios, porches, garages, or other structural additions: a. are considered to be part of the manufactured dwelling and require a development permit prior to construction; b. may not exceed 50 percent of the manufactured dwelling unit area, or 50 percent of the lot area. 44 Town of Inuvik Zoning Bylaw Specific Use Regulations 7.7 Daycares 7.7.1 All daycares shall: a. conform to the GNWT Child Day Care Act and Child Day Care Standards and Regulations or as amended, b. not be the principal use of a building within a residential zone; and, c. provide screening; to the satisfaction of the Development Authority. 7.8 Assisted Living Facility 7.8.1 The maximum number of units within an assisted living facility shall be established by the Development Authority and shall be based upon the nature of the facility. 7.9 Caretaker Units 7.9.1 Caretaker units shall be designed as one dwelling unit either stand-alone or incorporated within a building utilized by the principal use. 7.9.2 Caretaker units shall have a separate access from the principal use. 7.9.3 Only one caretaker unit shall be permitted per parcel. 7.9.4 Occupancy of the caretaker unit shall be conditional to the active commercial or industrial principal use on the parcel. 7.9.5 A caretaker's unit shall not exceed 100.00 m² (1,076.39 ft²) in floor area. Anything larger requires Council approval. 7.10 Home Occupations 7.10.1 A home occupation shall be accessory to the principal residential use. 7.10.2 A home occupation may be located in a dwelling unit or accessory building, including a detached garage. 7.10.3 A home occupation must be operated and occupied by a resident of the dwelling unit. 7.10.4 A home occupation shall not: a. create excessive noise; b. interfere with radio or television reception to adjacent properties; c. have outdoor storage; d. generate pedestrian traffic, vehicular traffic, or parking in excess of that which is characteristic of the zone within which it is located; e. exceed three employees; and, 45 Town of Inuvik Zoning Bylaw Specific Use Regulations f. exceed six customers at any one time. 7.10.5 Motor vehicles and trailers associated with a home occupation may be stored on outdoor parking spaces. 7.10.6 Signage associated with a home occupation shall not exceed an area of 0.30 m² (3.23 sq ft). 7.10.7 Home occupations shall be required to obtain a business license in accordance with the Town of Inuvik Business Licence Bylaw. 7.11 Bed and Breakfast 7.11.1 A bed and breakfast shall: a. be accessory to the principal residential use; b. be operated and occupied by a resident of the dwelling unit; c. only be allowed in a single-detached dwelling; and, d. be limited to a maximum of four rental guest rooms. 7.11.2 A bed and breakfast may have one non-resident employee working onsite. 7.11.3 Cooking facilities in a bed and breakfast are not allowed in rented guest rooms. 7.11.4 The Development Authority may refer development permit applications to the Town of Inuvik Fire Department. 7.11.5 Where applicable, Bed and Breakfast using accessory buildings shall be compatible with existing servicing infrastructure, with only one set of water/sewer connections per lot. 7.12 Scrap Yards 7.12.1 Scrap yards shall not be allowed within 30.00 m (98.43 ft) of naturally occurring seasonal or permanent sources of water including but not limited to lakes, rivers, streams, ponds, and creeks. 7.12.2 Scrap yards shall be setback from residential parcels by 400.0 m (1,312.34 ft). 7.12.3 Scrap yards shall be screened to the satisfaction of the Development Authority. 7.12.4 Scrap yards may include secure access gates. 7.13 Secondary Suite 7.13.1 One secondary suite is allowed per parcel. 7.13.2 Secondary suites shall only be allowed on parcels for single-detached dwellings. 46 Town of Inuvik Zoning Bylaw Specific Use Regulations 7.13.3 A secondary suite located within a principal dwelling shall not exceed a maximum of 50.00% of the gross floor area of the principal building Secondary Suites within Accessory Buildings 7.13.4 A secondary suite may be located within or above an accessory building. 7.13.5 A secondary suite located within an accessory building shall have: a. a permanent foundation or pilings that complies with the requirements of the National Building Code of Canada; and, b. a foundation or skirting that allows adequate ventilation to maintain permafrost, and matches the exterior appearance of the principal building; to the satisfaction of the Development Authority. 7.13.6 A secondary suite located within an accessory building shall have a maximum. a. gross floor area of 100.00 m² (1,076.39 sq ft), and, b. building height of 6.50 m (21.33 ft). 7.13.7 A secondary suite located within an accessory building should resemble the principal building in character and appearance through the use of similar materials, colors, and appearance. 7.13.8 Windows in a secondary suite within an accessory building should be designed and oriented to minimize overlook onto adjacent properties. 7.14 Cannabis Retail 7.14.1 If the territorial license for cannabis retail is revoked or the license expires, the development permit issued for the cannabis retail shall automatically terminate. 7.15 Cannabis Production and Manufacturing Facility 7.15.1 The applicant must provide, as a condition of a development permit for a cannabis production and manufacturing facility, a copy of the current license for all activities associated with cannabis production as issued by Health Canada. 7.15.2 A cannabis production and manufacturing facility shall not be located within 75.00 m (246.06 ft) of a residential zone, the Community Use Zone, measured from the building containing the use closest to the nearest boundary line of a parcel within that zone. 7.15.3 A cannabis production and manufacturing facility must include equipment designed to remove odours from the air discharged from the facility as part of a ventilation system to the satisfaction of the Development Authority. 47 Town of Inuvik Zoning Bylaw Specific Use Regulations 7.15.4 A cannabis production and manufacturing facility shall be developed and operated in a manner where all the operations are fully contained within the building including all loading stalls and docks, and waste containers and waste material. 7.15.5 Outdoor storage shall not be allowed for cannabis production and manufacturing facility. 7.15.6 If the federal license for a cannabis production and manufacturing facility is revoked or the license expires, the development permit issued for the cannabis production and manufacturing facility shall automatically terminate. 7.16 Tiny Homes 7.16.1 A tiny home shall be placed on a permanent foundation as per the National Building Code. 7.16.2 A tiny home community should have units oriented to front the public street where possible. If it is unfeasible for a unit to front the street, building façade facing the street shall include a minimum of two of the following architectural features: a. primary building entrance; b. front decks; c. variation in façade depth so as to avoid the creation of large featureless walls; or d. variation in siding and trim material and/or colour. 7.16.3 A tiny home community shall have: a maximum lot coverage of 40%, a maximum building height of 10.0 m. 7.16.4 A minimum building separation of 6 m is required on at least two sides of each residential building. A minimum 2.5 m building separation is required on all other sides of each residential building 7.17 Special Care Facilities 7.17.1 A Special Care Residence or Facility shall comply with the following regulations: a) the maximum number of residents shall be established by Council and shall be based upon the nature of the special care residence or special care facility and/or the nature of the zone in which it is located; b) a special care residence or special care facility shall not generate pedestrian traffic, vehicular traffic, or parking in excess of that which is characteristic of the zone in which it is located; and 48 Town of Inuvik Zoning Bylaw Specific Use Regulations c) a special care residence or special care facility will be subject to all development regulations of that zone in which it is located. 7.17.2 Each application to develop a Special Care Residence or Facility shall be accompanied by a report of a Professional Planner or document approved by the Development Officer, indicating that a detailed planning analysis of the proposed development has been carried out. 7.18 Live-Work Suites 7.18.1 Live-work suites are permitted as a secondary use in designated residential and mixed-use zones, combining one dwelling unit with a low-impact commercial use (e.g., office, studio, small retail). 7.18.2 The commercial component shall not exceed 40% of the total floor area and must be subordinate to the residential use, with separate entrances for each. 7.19 Data Centres 7.19.1 Where district energy or heating systems exist or are planned, integration with such systems is encouraged. 7.19.2 Cooling systems must not discharge heat, noise, or water vapour in a manner that negatively affects adjacent uses. 49 PART EIGHT: Zoning Regulations 8.1 Land Use Zones 8.1.1 Land Use Zones boundaries are shown on Appendix A - Land Use Map. 8.1.2 Land Use Zones boundaries that approximately follow a parcel boundary shall be deemed to follow that parcel boundary. 8.1.3 Where a Land Use Zone boundary cannot be reasonably determined, Council shall determine the exact location of the boundary. 8.1.4 The Land Use Map may be amended or replaced by Bylaw from time to time. 8.1.5 The purpose statement in each Land Use Zone states the intent of the zone. 8.1.6 The Development Authority shall not allow the use of land, or a building 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 5.7. 8.1.7 The provisions that are outlined in Section 6.0 and Section 7.0 apply to all zones here within. 50 Town of Inuvik Zoning Bylaw Zoning Regulations 8.2 R1 - Low Density Residential Purpose: To allow for low-density residential uses, parks and recreation, and other neighbourhood-scale uses for residents. Table 8.2-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Assisted Living Facility Accessory Use Dwelling, Bed and Breakfast Duplex Day Care Facility Dwelling, Day Home Dwelling, Secondary Suite Dwelling, Manufactured Dwelling, Single-Detached Park Multi-Unit Dwelling, Public Utility Mixed-Use Building Health Care Service Home Occupation Personal Service Establishment Place of Worship Retail, Neighbourhood Convenience Tiny Home 51 Town of Inuvik Zoning Bylaw Zoning Regulations Development Regulations 8.2.1 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Low-Density Residential (R1) Zone. Table 8.2-2 Development Regulations Single-Detached Dwelling Manufactured Dwelling Duplex Dwelling All Other Uses a. Minimum Lot Area 350 m² 575 m² 350 m² b. Maximum Lot Coverage 50% for principal buildings; 62% for all buildings 50.0% c. Minimum Front Yard Setback 5.0 m d. Minimum Rear Yard Setback 3.0 m e. Minimum Side Yard Setback 1.5 m for all parcels; 4.6 for Corner lots; and 3.0 m from a utilidor f. Maximum Building Height 10.5 m 5.0 m 10.5 m At the discretion of the Development Authority 8.2.2 In the case of multiple unit buildings, the side yard requirement along the common wall is waived 52 Town of Inuvik Zoning Bylaw Zoning Regulations 8.3 R2 - Medium Density Residential Purpose: To allow for medium density residential uses, parks and recreation, and other neighbourhood-scale uses for residents. Table 8.3-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Assisted Living Facility Accessory Use Bed and Breakfast Dwelling, Duplex Day Care Facility Dwelling, Multi-Unit Day Home Dwelling, Secondary Suite Dwelling, Manufactured Public Utility Dwelling, Single-Detached Dwelling, Mixed-Use Building Health Care Service Home Occupation Park Personal Service Establishment Place of Worship Retail, Neighbourhood Convenience Special Care Facility Tiny Home Tiny Home Community Development Regulations 8.3.1 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Medium Density Residential (R2) Zone. 53 Town of Inuvik Zoning Bylaw Zoning Regulations Table 8.3-2 Development Regulations Single- Manufactured Duplex Multi-Unit All Other Detached Dwelling Dwelling Dwelling and Uses Dwelling Mixed-Use Buildings a. Minimum Lot Area 350 m² 575 m² 800 m² 350 m² b. Maximum Lot Coverage 50% for principal buildings; and, 62% for all buildings 35% for all buildings At the discretion of the Development Authority c. Minimum Front Yard Setback 5.0 m d. Minimum Rear Yard Setback 3.0 m e. Minimum Side Yard Setback 1.5 m for all parcels; 4.6 for Corner lots; and, 3.0 m from a utilidor 3.0 m for all parcels; 4.6 for Corner lots; and, 3.0 m from a utilidor f. Maximum Building Height 10.5 m 5.0 m 10.5 m 12.0 m 8.3.2 In the case of multiple unit buildings, the side yard requirement along the common wall is waived. 8.3.3 The density of multi-unit dwellings and mixed-use buildings shall not exceed 60 units per hectare. 54 Town of Inuvik Zoning Bylaw Zoning Regulations 8.4 CR - Country Residential Purpose: To allow for single-detached dwellings and compatible development in a rural setting with a limited level of services. Table 8.15-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Bed and Breakfast Accessory Use Day Home Dwelling, Cottage Dwelling, Caretaker Unit Dwelling, Secondary Suite Dwelling, Manufactured Dwelling, Single-Detached Float Plane Base Park Greenhouse Utility Facility Home Occupation Industrial, Light Marina (Not Permitted on Shell Lake) Personal Service Establishment Retail, Neighbourhood Convenience Marina Marine Transportation Facility Office Development Regulations 8.4.1 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Country Residential (CR) Zone. 8.4.2 When the town is unsure if a development conforms to the Shell Lake Aerodrome it may submit the development to Transport Canada for their review.In accordance with Section 6.5, permanent buildings and development, other than marinas, public access, and public utilities, shall be set back a minimum of 10.00 m (33 ft) from the bank of Shell Lake. 55 Town of Inuvik Zoning Bylaw Zoning Regulations Table 8.15-2 Development Regulations Development Regulations a. Minimum Lot Area 0.15 hectares b. Maximum Lot Area 2.0 Hectares c. Maximum Lot Coverage 25.0% for principal buildings 30.0% for all buildings d. Minimum Front Yard Setback 15.0 m for all buildings e. Minimum Rear Yard Setback 15.0 m for principal buildings 1.0 m for accessory buildings f. Minimum Side Yard Setback 10.0 m for principal buildings; 1.0 m for accessory buildings g. Maximum Building Height 10.0 m for all buildings 56 Town of Inuvik Zoning Bylaw Zoning Regulations 8.5 DT - Downtown Core Purpose: To allow for a mix of commercial uses and residential dwellings within the center of town. Allows for mixed use businesses that service residents and visitors. Table 8.4-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Assisted Living Facility Accessory Use Bed and Breakfast Day Care Facility Brewery and Distillery Eating and Drinking Establishment Day Home Entertainment Establishment Dwelling, Single-Detached (Approved prior to third reading of this Bylaw) Health Care Service Dwelling, Manufactured Home (Approved prior to third reading of this Bylaw) Hotel/MotelLive-Work Suite Dwelling, Multiple Unit Office Funeral Parlour Park Greenhouse Personal Service Establishment Home Occupation Public Utility Recreation Facility Place of Worship Retail, Cannabis Retail Store Retail, Liquor Convenience Special Care Facility Scientific Research and Development Facility Tiny Home Community Development Regulations 8.5.1 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Downtown Core (DT) Zone. 57 Town of Inuvik Zoning Bylaw Zoning Regulations Table 8.4-2 Development Regulations Development Regulations a. Minimum Lot Area 278 m² b. Minimum Lot Depth 30.0 m c. Minimum Lot Width 7.5 m d. Maximum Lot Coverage At the Discretion of the Development Authority e. Minimum Front Yard Setback 0.0 m f. Minimum Rear Yard Setback 6.0 m g. Minimum Side Yard Setback 2.5 m for all parcels; and, 3.0 m from a utilidor and adjacent to a residential Zone h. Maximum Building Height 13.0 m 8.5.2 Off-street parking shall be located along the sides of the building or behind the building not between the primary business and the frontage and the street. 8.5.3 In the case of multiple unit buildings, the side yard requirement along the common wall is waived. 8.5.4 Landscaped screening shall be provided between any yard adjacent to a roadway to the satisfaction of the Development Authority. 8.5.5 All outdoor storage areas shall be screened from view through the use of buildings, landscape features, fences, or a combination thereof to the satisfaction of the Development Authority. 58 Town of Inuvik Zoning Bylaw Zoning Regulations 8.6 HC - Highway Commercial Purpose: To allow for commercial and industrial uses that require larger areas of land and direct or indirect access to the Airport Road or other unserviced areas such as Shell Lake Table 8.6-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Agriculture Accessory Use Assisted Living Facility Automotive Sales and Service Bulk Fuel Depot Brewery and Distillery Campground Car Wash Funeral Parlour Eating and Drinking Establishment Greenhouse Hotel/Motel Health Care Service Office Industrial, Light Park Place of Worship Personal Service Establishment Retail, Cannabis Utility Facility Retail, Liquor Retail Store Veterinary Clinic Service Station Workcamp Development Regulations 8.6.1 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Highway Commercial (HC) Zone. 59 Town of Inuvik Zoning Bylaw Zoning Regulations Table 8.6-2 Development Regulations Development Regulations a. Minimum Lot Area At the discretion of the Development Authority b. Maximum Lot Coverage 30.0% for principal buildings; and, 35.0% for all buildings c. Minimum Front Yard Setback 15.0 m for all buildings d. Minimum Rear Yard Setback 7.0 m for principal buildings; and, 1.0 m for accessory buildings e. Minimum Side Yard Setback 6.0 m for principal buildings; and, 1.0 m for accessory buildings f. Maximum Building Height 12.0 m for all buildings 8.6.2 Accessory buildings shall not be located within the front yard setback. 8.6.3 In the case of multiple unit buildings, the side yard requirement along the common wall is waived. 8.6.4 Where adjacent to the Airport Road, new development shall provide a service roadway of not less than 15.00 m (49.21 ft.) in width adjacent and parallel to the highway, to municipal standards. 8.6.5 Landscaped screening shall be provided between any yard adjacent to a highway or roadway to the satisfaction of the Development Authority. 8.6.6 All outdoor storage areas shall be screened from view through the use of buildings, landscape features, fences, or a combination thereof to the satisfaction of the Development Authority. 8.6.7 Prior to a decision on a development permit application, the Development Authority may refer the application to the GNWT Department of Transportation in accordance with Section 5.9. 8.6.8 When the town is unsure if a development conforms to the Shell Lake Aerodrome it may submit the development to Transport Canada for their review. 8.6.9 In accordance with Section 6.5, permanent buildings and development, other than marinas, public access, and public utilities, shall be set back a minimum of 10.00 m (33 ft) from the bank of Shell Lake. 60 Town of Inuvik Zoning Bylaw Zoning Regulations 8.7 CU - Community Use Purpose: To allow for publicly and privately owned facilities of institutional purposes or community benefit. Table 8.7-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Assisted Living Facility Accessory Use Dwelling, Mixed Use Building Cemetery Entertainment Establishment Day Care Facility Float Plane Base Eating and Drinking Establishment Fitness Studio Funeral Parlour Greenhouse Health Care Service Marina Hospital Institution Public Roadways Office Retail Store Park Retail, Neighbourhood Convenience Public Assembly Special Care Facility Recreation Facility Utility Facility Place of Worship Development Regulations 8.7.1 Council shall be the Development Authority for all uses in this zone. 8.7.2 All development regulations shall be determined on a case-by-case basis by the Development Authority. 8.7.3 When the town is unsure if a development conforms to the Shell Lake Aerodrome it may submit the development to Transport Canada for their review. 8.7.4 In accordance with Section 6.5, permanent buildings and development, other than marinas, public access, and public utilities, shall be set back a minimum of 10.00 m (33 ft) from the bank of Shell Lake. 61 Town of Inuvik Zoning Bylaw Zoning Regulations 8.8 I - Industrial Purpose: To allow for industrial uses that may generate negative impacts as a result of activities on site. Table 8.8-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Agriculture Accessory Use Automotive Sales and Service Industrial, Light Bakery Kennel Brewery and Distillery Utility Facility Bulk Fuel Depot Veterinary Clinic Cannabis Production and Manufacturing Car Wash Dwelling, Caretaker Unit Greenhouse Gun Range / Shooting Range Industrial, Heavy Marina Marine Transportation Facility Office Park Quarry Retail Store Scientific Research and Development Facility Scrap Yard Service Station Solid Waste Disposal Site Workcamp 62 Town of Inuvik Zoning Bylaw Zoning Regulations Development Regulations 8.8.1 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Industrial (IN) Zone. Table 8.8-2 Development Regulations Development Regulations a. Minimum Lot Area At the discretion of the Development Authority b. Maximum Lot Coverage 60% for all buildings c. Minimum Front Yard Setback 6.0 m d. Minimum Rear Yard Setback 5.0 m for all properties except 7.5 m for parcels adjacent to a residential zone e. Minimum Side Yard Setback 4.5 m f. Maximum Building Height 10.0 m 8.8.2 Outdoor storage must be screened, to the satisfaction of the Development Authority. 8.8.3 In the case of multiple unit buildings, the side yard requirement along the common wall is waived. 63 Town of Inuvik Zoning Bylaw Zoning Regulations 8.9 PO - Parks and Open Space Purpose: To allow for specific areas of land for active and passive recreational uses. Table 8.9-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Campground Accessory Use Cemetery Park Greenhouse Recreation Facility Marina Traditional and Cultural Activities Utility Facility Development Regulations 8.9.1 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Parks and Open Space (PO) Zone. Table 8.9-2 Development Regulations Development Regulations a. Minimum Lot Area At the discretion of the Development Authority b. Maximum Lot Coverage 60% for all buildings c. Minimum Front Yard Setback 6.0 m d. Minimum Rear Yard Setback 5.0 m for all properties except 7.5 m for parcels adjacent to a residential zone e. Minimum Side Yard Setback 4.5 m f. Maximum Building Height 10.0 m 8.9.2 Council shall be the Development Authority for all uses in this zone. 64 Town of Inuvik Zoning Bylaw Zoning Regulations 8.10 H - Hinterland Purpose: To protect those natural areas outside the built-up area of Inuvik. Uses in this Zone shall typically be limited to resource extraction, cultural activities, passive recreation, and temporary uses. Table 8.12-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Accessory Use Agriculture Public Utility Bulk Fuel Depot Traditional and Cultural Activities Dwelling, Cottage Accessory Building Accessory Use Gun Range / Shooting Range Kennel Marina Marine Transportation Facility Natural Resource Development Park Public Roadway Public Utility Quarry Scrap Yard Solid Waste Disposal Site Workcamp Development Regulations 8.10.1 Council shall be the Development Authority for all uses in this zone. 8.10.2 No subdivision or development other than for the above uses shall proceed without amending the Community Plan and land use concept. 8.10.3 All development regulations shall be determined on a case-by-case basis by the Development Authority. 8.10.4 The Development Authority may refer any application in proximity to the Airport or Aerodrome to the Airport Commission or Authority, Transport Canada, and NavCanada for input for consideration. 8.10.5 The Development Authority may refer any application to the Prince of Wales Northern Heritage Centre for input and information related to development in proximity to archeological sites. 65 Town of Inuvik Zoning Bylaw Zoning Regulations 8.11 A - Aerospace Purposes: 1. Recognize the jurisdiction of the Government of the Northwest Territories and the Government of Canada over public airport lands forming part of the Inuvik Airport as designated in the Commissioners' Public Airport Lands Regulations. 2. To allow for industrial uses that the installation and operation of equipment used for scientific research, technology, or communications that do not produce any negative impacts or require specific setbacks. Table 8.17-1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Aerodrome Accessory Use Bulk Fuel Depot Airport Car Wash Industrial Light Data Centre Utility Facility Dwelling, Caretaker Unit Satellite Facility Eating and Drinking Establishment Scientific Research and Development Facility Greenhouse Traditional and Cultural Activities Industrial, Heavy Kennel Marina (Not on Shell Lake) Natural Resource Development Office Park Public Roadway Quarry Service Station Solid Waste Disposal Site Workcamp 66 Town of Inuvik Zoning Bylaw Zoning Regulations Development Regulations 8.11.1 All uses and developments on those Commissioner's public airport lands shall be subject only to the approval of the Government of the Northwest Territories. For greater certainty, nothing in this Bylaw shall apply to the use or development of those Commissioner's public airport lands. 8.11.2 The Development Authority, if requested, may provide input respecting any proposed development on Commissioner's public airport lands. 8.11.3 The Development Authority shall refer any application to the Airport Commission or Authority, Transport Canada, and NavCanada for input for consideration. 67 PART NINE: Signs 9.1 Development Permits for Signs 9.1.1 All signs shall require a development permit unless otherwise specified under this Bylaw. 9.1.2 The Development Authority for development permits for signs shall be the Development Officer, unless in the opinion of the Development Officer the application should be referred to Council for a decision. 9.1.3 An application for a development permit for a sign shall be made to the Development Authority in writing in the form prescribed by the Development Authority. 9.1.4 At the Discretion of the Development Authority, signage may be reviewed as part of the same development permit application for a new building or use. 9.1.5 An application for a development permit for a sign shall include: a. a completed application form signed by the registered owner of the subject property, and the applicant or the applicant's agents; b. an application fee as established by the Town; c. a recent copy of the Certificate of Title (within 30 days of the application submission date) indicating ownership and other interests; and, d. current copies (within 30 days of the application submission date) of any restrictive covenants, caveats, or easements. 9.1.6 At the discretion of the Development Authority, an application for a development permit for a sign may also require: a. site plan showing the sign location; b. drawing(s) showing the following sign elements: i. dimensions including sign height and width; ii. total sign area; and, iii. elevation of sign measured from grade. c. building elevations identifying the following: i. sign location on the building frontage; and, ii. dimensions of the building frontage. d. details of any support or details on how a sign will be installed; e. details of any lighting or sign illumination; and, 68 Town of Inuvik Zoning Bylaw Signs f. any other information or documentation the Development Authority may deem necessary to review the sign development permit application. 9.2 Signs Not Requiring a Development Permit 9.2.1 The following signs do not require a development permit provided that the sign otherwise complies with the provisions of this Bylaw: a. a sign located within a building; b. a sign posted or exhibited in or on an operating motor vehicle if the vehicle is not parked (temporarily or permanently) for the sole purpose of displaying the sign; c. a statutory or official notice of a function of the Town of Inuvik; d. traffic and directional signs; e. the erection of campaign signs for federal, territorial, municipal, or school board elections on private properties for no more than 30 days, or such other time as regulated under territorial or federal legislation provided that: i. such signs are removed within 10 days of the election date; ii. the consent of the property owner or occupant is obtained; iii. such signs do not obstruct or impair vision or traffic; iv. such signs are not attached to utility poles; and, v. such signs indicate the name and address of the sponsor and the person responsible for removal. f. a sign that is posted or exhibited solely for the identification of the land or building on which it is displayed (e.g., signs for professional, corporate or trade name plates identifying the occupants), if the sign: i. does not exceed 1.00 m² (10.76 sq ft) in size; and ii. is posted only at each entrance from which access from a public roadway to the building is provided. g. a sign that is posted for the sale, lease, or rental of land of a building if the sign: i. is not capable of being illuminated; ii. is 4.00 m² (43.06 sq ft) or less in size; and, iii. is posted only on each side of the building or land facing a different public roadway. h. murals; and, i. temporary signs on private property for no more than 30 days. 69 Town of Inuvik Zoning Bylaw Signs 9.3 General Sign Provisions 9.3.1 A structure used to hold or support a sign is considered part of the sign. 9.3.2 Where a sign is double sided, sign area shall be calculated for one side only. 9.3.3 A sign shall be well maintained and kept in a condition satisfactory to the Development Authority. 9.3.4 No sign shall be of such size or design or placed in such a way as to, in the opinion of the Development Authority, be a traffic hazard, interfere with any traffic control device, obstruct the vision of vehicular traffic, or otherwise impede traffic or pedestrian movements at any time. 9.3.5 A sign shall be safely and securely attached to a building, structure or to the ground using methods of support to the satisfaction of the Development Authority. 9.3.6 A sign shall not be attached to the utilidor, a fence, pole, tree, or any object in a road or publicly owned parcel. 9.3.7 A sign shall be for on-site advertising unless approved by the Development Authority. 9.3.8 Where exterior lighting is incorporated into a sign, lighting shall be oriented downward and designed to illuminate the sign area only. 9.3.9 A sign shall not be allowed in any road or publicly owned parcel without an approved Encroachment Agreement. 9.3.10 A sign shall not include words generally considered to be insultive or of a threatening or demeaning nature. 9.4 Sign Location Provisions 9.4.1 When a sign is located on a corner parcel, the sign shall comply with the regulations of Section 6.5. 9.4.2 In addition to the setback requirements described in this section, signs shall comply with the setback requirements of the Zone they are located within. 9.4.3 Signs must be located no further than 30.00 m (98.43 ft.) from the principal building. 9.5 Fascia Sign Location 9.5.1 A fascia sign may be located in any zone. 9.5.2 A fascia sign shall be located on a building frontage. 9.5.3 A fascia sign shall have a minimum clearance of 1.50 m (4.92 ft) when measured from grade to the bottom of the sign structure. 70 Town of Inuvik Zoning Bylaw Signs Size 9.5.4 The total area of a fascia sign shall not exceed 20.00% of the building face which the sign is located on to a maximum area of 35.00 m² (376.74 sq ft). 9.5.5 A fascia sign shall not project more than 0.50 m past the wall to which it is attached. Quantity 9.5.6 Only one fascia sign will be permitted for each business within the development. 9.6 Freestanding Sign 9.6.1 A freestanding sign may rotate at no more than 6 revolutions per minute. Location 9.6.2 A freestanding sign may only be located within the following zones: a. DT - Downtown Core b. HC - Highway Commercial c. CU - Community Use d. I - Industrial e. H - Hinterland f. A - Aerospace 9.6.3 A freestanding sign shall not project within 0.60 m (1.96 ft.) of the property line, or within 2.00 m (6.56 ft.) of overhead utility lines. Size 9.6.4 A freestanding sign shall not exceed a height of 9.10 m (29.86 ft.) measured from grade. 9.6.5 A freestanding sign shall have a maximum sign area of 8.00 m² (86.11 sq ft) Quantity 9.6.6 One freestanding sign is permitted per building frontage. 9.6.7 Multiple freestanding signs must be located 90.00 m (295.27 ft.) apart from one another. 71 Town of Inuvik Zoning Bylaw Signs 9.7 Canopy Sign Location 9.7.1 A canopy sign may be located in any zone. 9.7.2 A canopy sign shall be located on a building frontage. 9.7.3 A canopy sign shall not project more than 2.00 m (6.56 ft.) over a sidewalk. 9.7.4 A canopy sign shall have a minimum clearance of 3.00 m (9.84 ft) between the bottom of the Canopy and grade or walkway. Size 9.7.5 The total area of a canopy sign shall not exceed 20% of the building face which the sign is located on to a maximum area of 35.00 m² (376.74 sq ft). Quantity 9.7.6 The number of canopy signs allowed on a building frontage shall be at the discretion of the Development Authority. 9.8 Monument Sign Location 9.8.1 A monument sign may be located in any zone. 9.8.2 A monument sign shall not project within 0.60 m (1.97 ft.) of the property line. Size 9.8.3 A monument sign shall not exceed 2.00 m² (21.53 sq ft). 9.8.4 A monument sign shall not exceed 3.50 m (11.48 sq ft) in height. Quantity 9.8.5 Two monument signs are allowed per lot. 9.9 Projecting Sign Location 9.9.1 A projecting sign may be located in any zone. 9.9.2 A projecting sign shall be placed at right angles to the building face, except when located at the corner of the building, at which time the projecting sign shall be placed at equal angles to the building faces. 9.9.3 A projecting sign shall not extend more than 2.00 m (6.56 ft) above the parapet of a building. 72 Town of Inuvik Zoning Bylaw Signs 9.9.4 A projecting sign shall not extend more than 2.00 m (6.56 ft) from the face of a building. 9.9.5 A projecting sign shall have a minimum clearance of 3.00 m (9.84 ft) above grade or walkway. Size 9.9.6 The maximum area for a projecting sign shall be 2.00 m² (21.52 sq ft). Quantity 9.9.7 Two projecting signs are allowed for each building frontage. 9.9.8 Where there are multiple businesses sharing a building frontage, one projecting sign is allowed for each business. 73 PART TEN: Definitions Term Meaning in this Bylaw Accessory Building or Structure Means a subordinate building or structure on the same lot as the main building or subordinate to part of the main building and used exclusively for accessory use. Includes sea containers that are kept on a property more than 30 calendar days. Includes sheds, detached garages, and stand-alone solar panels. Accessory Use Means a use that is incidental and subordinate to the principal use on the same site. Act Means the Consolidation of the Community Planning and Development Act S.N.W.T. 2011, c. 22 as amended. Aerodrome An aerodrome is any area of land, water (including frozen surfaces), or other supporting surface used, designed, prepared, equipped, or set apart for the arrival, departure, movement, or servicing of aircraft, including associated buildings, installations, and equipment. In Canada, aerodromes encompass both certified (airports) and non-certified sites, with registered aerodromes listed in the Canada Flight Supplement (CFS) or Water Aerodrome Supplement (WAS). The term is defined under the Aeronautics Act and regulated by the Canadian Aviation Regulations (CARs). Agriculture Means the use of the land for agricultural purposes such as the raising of crops and livestock. May include accessory uses for packing, treating, or storing produce. Airport Means the existing Mike Zubko Airport and buildings and uses. Includes any use, building, 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. Amenity Space Means a space designed for active or passive recreation on the same parcel as the residential building. 74 Term Meaning in this Bylaw Appellant Means a person who, pursuant to the Act, has served notice of appeal to the Development Appeal Board. Applicant Means any person having a legal or equitable interest in property or a person acting as the authorized representative of such person who has applied under the provisions of this Bylaw for a permit for the development of land. Assisted Living Facility Means a building or group of buildings, operated for the purpose of providing live-in accommodation to people. May require onsite varying professional or medical support for daily living. May include seniors housing, hospice, group homes, transitional housing, or boarding homes. Automobile Sales and Service Means a use for the commercial sale, servicing, and storage of automobiles. This may include accessory retail sales for vehicle accessories but does not include a public car wash. Bakery Means a building for producing, mixing, compounding, or baking bread, biscuits, cakes, or other baked products and may include an accessory retail store which sells goods manufactured on the premises. Balcony Means a platform attached to and projecting above the first floor of a building for use as an outdoor amenity space. Bed and Breakfast Establishments Means a home occupation providing temporary accommodation for guests. Board Means a Development Appeal Board established under this Bylaw. Brewery and Distillery Means a use licensed by the territory for the production and 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. Building Means anything constructed or placed on, in, over, or under land, whether temporary or permanent, used or built for the shelter, accommodation or enclosure of persons, animals, materials, or equipment. Bulk Fuel Depot Means lands buildings and structures for the bulk storage and distribution of petroleum products. May include keylock for retail sales. Does not include automotive gas bars or service stations. 75 Term Meaning in this Bylaw Cannabis Production and Manufacturing Facility Means 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 Means a use for the cleaning of vehicles. May include retail sale related to the principal use. Cemetery Means a use for the entombment or interment of the deceased, and buildings or activities related to the principal use. Community Plan Means the Community Plan of the Town of Inuvik. Council Means the Council of the municipal corporation of the Town of Inuvik established by the Act. Data Centre Means a facility used for the centralized storage, processing, management, and dissemination of data and digital information. This use typically includes computer servers, network and telecommunications equipment, cooling and ventilation systems, power supply infrastructure, and security systems. A data centre may also include limited office space for technical staff, but does not include general office use, call centres, or public-facing services. Day Care Facility Means a use for the provision, care, and supervision of children in accordance with the NWT Day Care Act and Regulations. The facility may be part of a public school, separate school, private school, or children's health centre. Day Home Means a use for the provision, care, and supervision of children in accordance with the NWT Day Care Act and Regulations within a residence. This use shall not be part of a public school, separate school, private school, or children's health centre. Deck or Patio Means an uncovered structure that is intended for use as an outdoor space. Does not include a balcony. Decrepit Building A building that exhibits significant and observable deficiencies in structural integrity or maintenance, including but not limited to cracked or broken windows, damaged or missing doors or door frames, extensive peeling or flaking paint, deteriorating siding or eaves, roof damage, or other visible signs of neglect that may pose safety, health, or aesthetic concerns to the community. 76 Term Meaning in this Bylaw Development Means 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; or, c. other related operations. The product of development, such as a building or a developed site, or; The making of any change in the use or intensity of use of any land or building. The demolition or structural alteration to existing buildings or structures is considered to be development. Development Officer Means an official of the municipality responsible for administering this Bylaw. Development Permit Means, in accordance with the Act, a document authorizing a development issued pursuant to this Bylaw. Discretionary Use Means a use provided for in this Bylaw for which a development permit may only be issued at the discretion of Council. This requires one resolution at a scheduled Council meeting. Dwelling Unit Means a building or portion of a building intended for permanent or semi- permanent residence and contains kitchen facilities, living, sleeping, and sanitary facilities. Dwelling, Caretaker Unit A dwelling unit located on the same site as a principal use, intended for occupancy by a person responsible for the security, maintenance, or day-to-day operation of the property or facility. Dwelling, Cottage Means a dwelling unit with limited services meant for recreational habitation, and not intended for year-round living. May be built on-site or be Modular. Dwelling, Duplex Means a residential building containing two dwelling units sharing a common wall either side-by-side or one above the other, each unit having individual exterior entrances. May be built on-site or be Modular. Dwelling, Manufactured Means a prefabricated dwelling unit or manufacture building arriving site ready on wheels and chassis for occupancy. A manufactured dwelling may be supported on a permanent foundation. All manufactured dwellings must meet the standards of the Canadian Standards Association (CSA), as amended. Does not include stick-built or modular construction. Does not include recreational vehicles. Dwelling, Mixed-Use Building See Mixed-Use Building. May be built on-site or be Modular. 77 Term Meaning in this Bylaw Dwelling, Multiple Unit Means a building containing three or more dwelling units separated by common walls, located on a single parcel with each dwelling unit having an individual exterior entrance. May include townhouses, rowhouses, triplexes and fourplexes. May be built on-site or be Modular. Dwelling, Secondary Suite Means a self-contained dwelling unit located on the same parcel as a single- detached dwelling either connected to the single-detached dwelling or standalone. Includes but not limited to basement suites, backyard suites, carriage homes, granny suites, and tiny homes. May be built on-site or be Modular. Dwelling, Single- Detached Means a residential building containing one dwelling unit, not including a manufactured home or tiny home. May be built on-site or be Modular. Eating and Drinking Establishment Means a use where food is prepared and sold to the general public. Includes Bakery. May include a restaurant, café, or pubs or take-out windows. This use may be licensed by the Northwest Territories Liquor Licensing Board. Entertainment Establishment Means the use of land used to provide entertainment. May include arcades, bowling alleys, museums, movie theatres, concert halls or dance and music theatres. Does not include casinos. This use may be licensed by the Northwest Territories Liquor Licensing Board. Fence Means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Fitness Studio Means a use that provides space, equipment or instruction provided for people to pursue personal fitness or physical activity that may include the incidental retail sale of products relating to the service provided. Float Plane Base Float Plane Base means a facility, whether on land or water, used for the landing, docking, storage, servicing, or departure of aircraft equipped with floats or hulls designed for water landings. It may include associated infrastructure such as docks, ramps, fuel storage and dispensing, hangars, maintenance sheds, and passenger waiting or ticketing areas. This use does not include commercial marinas or airports intended for wheeled aircraft Funeral Parlour Means a use that provides for the arrangement and holding of funerals, or the preparation of the dead for burial or cremation. Grade Means the average level of elevation at the finished ground surface at the corners of a site or at the foundation, as determined by the Development Authority. 78 Term Meaning in this Bylaw Greenhouse Means one or more buildings and structures that are used primarily for the growing of food either for commercial or public use. Does not include cannabis production and manufacturing facility. Gross Floor Area Means 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. Gun Range / Shooting Range A facility, whether indoor or outdoor, designed and operated for the safe discharge of firearms for the purposes of target shooting, training, competition, or recreational use. A gun range may include firing lines, targets, berms, bullet traps, and associated safety features. This use may be operated by a private individual, commercial entity, or a gun club, and may include accessory buildings such as clubhouses, classrooms, or storage areas. Health Care Services Means 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. Height Means the vertical distance measured from the grade of a building or structure to the highest point of the building or structure. Does not include any device or feature not structurally essential to the building or structure. Highway Means a highway or proposed highway that is described as a highway by the Public Highways Act. Home Occupation Means any occupation, trade, profession, or craft carried out by the occupant of a residential building which is incidental and subordinate to the residential use and which does not change the character thereof. Hospital Means 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 comprehensive health centres and full-service hospitals and care residences. May include health care services. Hotel/Motel Means a use for providing temporary sleeping accommodation in guest rooms or suites. May include an eating and drinking establishment, meeting rooms, event spaces. 79 Term Meaning in this Bylaw Industrial Heavy Means a use or development of land for the purposes of manufacturing, processing, warehousing, stockpiling or storage and may generate off-site negative impacts. May include offices related to the principal use. Does not include cannabis production facility. Industrial Light Means a use or development of land for the purpose of processing, warehousing, repairing, distribution or storage of goods and materials and where minimal negative impacts are generated. May include offices related to the principal use. Does not include cannabis production facility. Institution Means a use which provides public or private instruction, education, or training. Includes but is not limited to public school, private school, university, and research institution. Kennel Means 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). Live-Work Suite A live-work suite is a self-contained unit that integrates a residential dwelling with a space designated for low-impact commercial or professional activities, such as an office, studio, or small retail operation, within the same structure. It is designed to allow occupants to reside and conduct business in a single unit, fostering entrepreneurship and housing flexibility, while remaining subordinate to the residential use. The suite cannot be legally separated into distinct residential and commercial properties through subdivision or condominium conversion. Loading Space Means an area dedicated to the loading and unloading of a motor vehicle. Lot Coverage Means the portion of the total area of a lot or site which may be covered by buildings or structures. Does not include unenclosed decks or patios. Lot Line Front: Means the property line separating a lot from an abutting public roadway other than a lane. In the case of a corner lot, the front line is the shorter of the property lines abutting a public roadway, other than a lane. Rear: Means 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. Side: Means the property line of a lot other than a front lot line or rear lot line. Lot Width Means the average distance between the side lot lines of a lot or parcel. 80 Term Meaning in this Bylaw Lot, Site, or Parcel Means 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. Marina Means a facility, building and/or structure with onshore and offshore components that accommodate a combination of over-water uses and land uses by providing anchoring, mooring, launching, and parking areas. Marine Transportation Facility A facility used for the docking, loading, unloading, storage, and servicing of vessels engaged in commercial, industrial, or passenger transportation over water. This may include ferry terminals, shipping docks, marinas, boat repair and maintenance facilities, cargo handling areas, and associated infrastructure such as fueling stations, administrative offices, and parking areas. This definition excludes private residential docks and recreational boating facilities unless otherwise specified. Mixed-Use Building Means a building designed to accommodate a mix of uses, listed in a zone, on one parcel. Modular Means a building on a permanent foundation constructed in whole or in part in a factory, and then transported to site. Upon completion, visually similar to a 'stick- built' or building constructed on site. Manufactured Means a building constructed in whole or in part in a factory, and then transported to site. Upon completion, visually presents as a 'trailer'. Municipality Means the corporation of the Town of Inuvik. Natural Resource Development Means 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, sandpits, clay pits, oil and gas wells, coal mining, and stripping of topsoil. Natural resource development does not include the processing of raw materials transported to the site. Non-Conforming Building Means a building that: on the day preceding the day a zoning bylaw affecting it, or the land on which it is or will be situated, takes effect, a. has been lawfully constructed or is lawfully under construction; or, b. is not yet under construction but has been authorized by a development permit; and on the day the zoning bylaw takes effect does not, or when constructed will not, conform with it; As defined by the Act. 81 Term Meaning in this Bylaw Non-Conforming Use Means a lawful specific use being made of land or of a building, or intended to be made of land or of a building lawfully under construction, or a building not yet under construction that has been authorized by a development permit, a. on the day preceding the day a zoning bylaw affecting the land or the building, or the land on which the building is or will be situated, takes effect, and b. that on the day the zoning bylaw takes effect does not, or in the case of a building under construction or not yet under construction will not, conform with it; As defined by the Act. 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 for conducting business, professional, administrative, or clerical activities. This may include but is not limited to professional services (such as legal, accounting, engineering, or consulting firms), corporate headquarters, government offices, and other administrative functions. This definition excludes medical clinics, retail sales, and industrial uses unless otherwise specified. Outdoor Storage Means any area associated with a business for storing goods, materials, or equipment outside of a building. Park Means a site for use by the public for both passive and active forms of recreation. May include playgrounds, picnic areas, outdoor open spaces, spray parks, skateboard parks, fields, outdoor skating rinks, baseball diamonds, disc golf, community gardens, paths and trails, sports fields, and other similar facilities. Parking Area or Lot Means an open area of land, other than a street or a building, designed and used for the parking of motor vehicles. Parking Space Means an off-street area available for the parking of one motor vehicle. Permanent Means a period greater than 90 days. Permitted Use Means a use of land or building 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. Personal Service Establishment Means an establishment wherein a personal service is provided. Includes barber shop, beauty salon, laundry and dry cleaning, dressmaker shop, shoe repair shop, tailor shop, photographic studio, or other similar uses. 82 Term Meaning in this Bylaw Places of Worship Means a use for the purpose of religious or communal activities. Principal Building Means a building which: a. occupies the major portion of a site; b. is the main building among one or more buildings on a site; or, c. constitutes the primary use for which the site is used. Principal Use Means a use which constitutes the primary purpose of the site. Public Assembly Means a use where the public can assemble, for education, instruction, culture, or communal activity. May include but is not limited to municipal or government services, libraries, museums, youth centres, and art galleries. May include offices or accessory buildings related to the principal use. Public Roadway Means any lane, service road, street or highway including right of ways. Quarry A site where consolidated or unconsolidated earth materials, including rock, stone, sand, gravel, clay, or similar substances, are extracted from the ground for commercial, industrial, or construction purposes. A quarry may involve drilling, blasting, crushing, screening, washing, or processing of materials on-site. This definition excludes excavations incidental to building construction, agricultural operations, or site grading associated with approved development. Recreation Facility Means a building used for recreation, athletic, and leisure activities. May include golf course and associated buildings, fitness facility, gym, public assembly, meeting rooms. May include eating and drinking establishments, offices, or accessory buildings related to the principal use. Retail Store Means as use for the sale, rental, repair, or small-scale production of consumer goods and services, or the retail sales and services related to the care and appearance of a person. Does not include Retail Cannabis or Retail Liquor store. Retail, Cannabis Means a use licensed by the Territory for the retail sale of cannabis and cannabis accessories for offsite consumption. Does not include the production of cannabis products. Retail, Liquor Means a use licensed by the Northwest Territories Liquor Licensing Board for the sale of alcoholic beverages for offsite consumption. 83 Term Meaning in this Bylaw Retail, Neighbourhood Convenience Means a use that allows for the retail sales of merchandise that sells household goods, food, or other goods for the inhabitants of a residential zone to meet their day-to-day needs. Does not include Cannabis Store. Satellite Facility Means an area that is dedicated to television or radio telecommunications transmitting or receiving antenna equipment. Scientific Research and Development Facility Means the use of a building, or part of a building for scientific or technical work including research and development, quality control, testing, teaching or analysis. May include supporting uses including laboratory stores and any offices attached or adjacent to the laboratory. Scrap Yard Means a place where discarded or salvaged materials are bought, sold, exchanged, stored, based, cleaned, packed, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for use of salvaged house wrecking and structural steel materials and equipment, but excluding pawn shops and establishments for the sale, purchase, or storage of used cars in operable condition. Screening Means anything which visually and/or acoustically shelters, conceals, or protects. Screening may include but is not limited to a fence, wall, trees, hedge, berm, or bush. Service Station Means a use for selling gasoline, diesel, or other automotive fluids. May include traveller amenities such as Car Wash, Retail, Eating and Drinking Establishments, washrooms or shower facilities, or retail sales associated with the principal use. Sign Means a structure that may include words, letters, pictures, symbols, or representation, used as an advertisement, announcement, or direction. Sign Area Means 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 Means a sign placed on a marquee or canopy. Sign, Fascia Means a sign that is attached to and parallel to an exterior building wall. 84 Term Meaning in this Bylaw Sign, Freestanding Means a sign that has independent supports fixed to the ground, and is not connected to any other building or structure. Sign, Monument Means 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 Means a sign that projects outward from the exterior wall of a building. Solid Waste Disposal Site Means any property where refuse of a non-hazardous type is deposited, stored, and sorted. May include treatment of contaminated soil. Special Care Facility Means a building that receives persons primarily for the purpose of providing temporary care, guidance, or other activities for a continuous purpose usually not exceeding 24 hours. Does not include a Day Care Facility, Day Home, or a Special Care Residence. Structural Alteration Means 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. Structure Means anything that is erected, built, or constructed of parts joined together with a fixed location on the ground, or attached to something having a fixed location in or on the ground and shall include walls, fences or any sign. Temporary Means a period of 90 days or less. Tiny Home A detached, self-contained dwelling unit designed for permanent year-round occupancy that is typically less than 37 square metres (400 square feet) in floor area, excluding lofts. A tiny home may be built on a permanent foundation or a trailer chassis with the ability to be relocated. A tiny home on wheels must meet CSA Z240 or CSA Z241 standards or an equivalent certification as required by the municipality. Tiny Home Community A site where more than one tiny home is located. Traditional and Cultural Activities Means any activity that are executed by residents and visitors which reflect the traditional and cultural needs of Indigenous peoples. Such activities include but are not limited to boating, hunting, trapping, fishing, food, and resource gathering, and cultural events. Includes temporary structures associated with the traditional and cultural activity. 85 Utility Facility Means any one or more of the following types of facilities: gas distribution, whether artificial or natural; water storage, transmission, treatment, distribution, or supply; sewage collection, treatment, movement, or disposal; storm sewer drainage; electrical energy generation, transmission, and distribution; and, telephone and telecommunications, including towers or satellite dishes. Veterinary Clinic Means a use for the purposes of the consultation, diagnosis, and treatment of household pets, but shall not include long-term board facilities for animals. Workcamp Means a use for the temporary accommodation of up to 25 workers and consisting of at least one bathroom and not fewer than 2 habitable rooms providing therein living, dining, kitchen and sleeping accommodation in appropriate individual or combination rooms. Yard Means a part of a parcel upon or over which no building or structure is permitted except in accordance with this Bylaw. Front Yard means a yard extending across the full width of a parcel from the front lot line of the parcel to the front wall of the principal building situated on the parcel; Side Yard means a yard extending from the front wall of the principal building situated on a parcel to the rear wall of the principal building and lying between the side lot line of the parcel and the side wall of the principal building; and, Rear Yard means a yard extending across the full width of a parcel from the rear wall to the principal building situated on the parcel to the rear lot line of the parcel Zone Means the category of use of land, buildings, structure, or activities permitted by this Bylaw. 86 Schedule C Development Permit Application Forms O TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 FORM 'A' Permit Fee. $ APPLICATION FOR A DEVELOPMENT PERMIT Applicant Information (Please Print): Owner Information (if different than applicant): Property Information: PROPOSED DEVELOPMENT(S): Check all applicable development(s) and submit the completed, corresponding checklist of supporting information with your application. 1. LAND DEVELOPMENT 2. CONSTRUCTION 3. EXCAVATION 4. ACCESSORY USE 5. PORCHES AND DECKS 6. FENCE 7. RELOCATION 8. DEMOLITION 9. SIGN 10. HOME OCCUPATION 11. VARIANCE I hereby make application under the provisions of the Zoning By-law (#2583/P+D/15) for a Development Permit in accordance with the supporting information submitted herewith and which form part of this application. SIGNATURE: Applicant's Signature Date Owner's Signature (if different than applicant) Date Name: Interest (if not owner): Telephone: Email: Mailing Address: Registered Owner's Name: Telephone: Email: Mailing Address: If the applicant is not the registered owner of the property, please submit a letter from the registered owner granting you permission to use the property for the intended use. Address of Property to be Developed: Zoning: Lot# Block# Plan# or Certificate of Title: Lot Width: metres Type of Lot (check one): Existing Use(s) of Property: Lot Depth: metres Street Facing Corner Interior Lot Area: square metres ther Proposed Use(s) of Property : Estimated Cost of Project: $ TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 SUPPORTING INFORMATION Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application LAND DEVELOPMENT Site Plan showing: development location surrounding roads proposed servicing (utilidor access, power, gas) proposed site grading and drainage plan(s) proposed culvert locations and sizes (culvert sizes and locations may be specified by the Town as a condition of the permit). Area (m2) Proposed Lot Fill: Number of Pilings: Proof that notification has been given to all Utility Providors (please attach) Development Application Fee (enter amount) TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application CONSTRUCTION: New Construction Addition to Existing Building 2 sets of site plans showing: Building footprint Legal description of lot Yards and set-backs (front, rear, and side) Provisions for off-street parking, loading, and access and egress points Provisions for landscaping and drainage 2 sets of floor plans (minimum 1:100 scale) 2 sets of sections (minimum 1:100 scale) Proof that notification has been given to all Utility Providers (please attach for gas, electrical, water, sewer etc.) For industrial uses, proof that the OFM has received and accepted a Safety Plan in conformance with the National Fire Code. Estimated commencement date Estimated completion date Development Application Fee (enter amount) Please note that the submission of complete construction documents may be a requirement of the Office of the Fire Marshal of the NWT . TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application 3. PROPOSED EXCAVATION Site plan indicating locationof excavation Length (in metres) Width (in metres) Depth (in metres) Planned Excavation Start Date Planned Excavation Completion Date Development Application Fee (enter amount) TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application 4. ACCESSORY USE Accessory Use Proposed: Site Plan (minimum 1:100 scale) showing: location of existing buildings location of proposed accessory building property dimensions and proposed setback dimensions Percentage of Lot Occupied: Height of Accessory Building: Development Application Fee (enter amount) TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application 5. PROPOSED PORCHES AND DECKS (if over 0.6 m in height above ground level) Height (in meters) Deck/Porch Size (in square meters) Existing Side and Front Yard Measurements (from property line): Setback from: Side Lot Line: Rear Lot Line: Development Application Fee (enter amount) TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application 6. PROPOSED FENCE Site plan showing location of proposed fence Height (in metres): Width (in metres): Planned Fencing Start Date: Planned Fencing Completion Date: Development Application Fee (enter amount) TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 7. PROPOSED RELOCATION Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application Type of Building or Structure to be Relocated: Building Height Building Footprint (in square meters) From: Lot# Block# Plan# To: Lot# Block# Plan# Proposed Route: Planned Date of Move: Proof of notification to all service providers (i.e. water, sewer, power, gas) Development Application Fee (enter amount) TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application 8. PROPOSED DEMOLITION Type of Building or Structure to be Demolished: Demolition Methods to be Used: (describe here or attach description) Proof that all applicable regulatory authorities have been advised of the proposed demolition, and have received and reviewed any required safety plans. Planned Demolition Start Date: Planned Demolition Finish Date: Development Application Fee (enter amount) TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application 9. PROPOSED SIGN Business License Number: Site Plan Showing Location of Sign 2 Sets of Drawings to Scale, showing: Sign location on lot Dimensions (Height, Width, and Thickness) Size of letters Projection from building face Height above average ground level at the building face Manner of illumination, animation, or flashing lights (if applicable) Message on Sign: Installation Contractor: Planned Installation Date: Development Application Fee (enter amount) TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 Note: Development Application Fees to be determined in accordance with the Consolidated Rates and Fees Bylaw Supporting Information for Development Application 10. HOME OCCUPATION Type of Home Occupation proposed: Business License Number: Floor plan showing the portion of the residence to be used for the business (attach) Description of how this Home Occupation will preserve the character of the residential neighbourhood, and the rights of other residents to quite enjoyment of the residential neigbourhood: Planned commencement date: Development Application Fee (enter amount) TOWN OF INUVIK Application No. Box 1160, #2 Firth Street, Inuvik NT, X0E 0T0 Phone: (867) 777-8600 Fax: (867) 777-8601 Supporting Information for Development Application 11. REQUEST FOR VARIANCE Type of variance requested: Rationale Plan or elevation drawing describing variance (attach) TOWN OF INUVIK ZONING BY-LAW #2753/P+D/25 FORM 'B': DEVELOPMENT PERMIT & NOTICE THEREOF Address of Property: Lot: Block: Plan: Certificate of Title: Zone: Development involving: APPROVED - see below ↓ APPROVED - subject to conditions → All Development Shall comply with: - Town of Inuvik Zoning By-law; - National Building Code, most current; - National Fire Code, most current; and - All Federal and Territorial Regulations The applicant is hereby authorized to proceed with the specified development provided that any stated conditions are complied with, that development is in accordance with any approved plans and applications. Should an appeal be made against this decision to the Development Appeal Board, this Development Permit shall be null and void. Date of Decision Signature of Development Officer Date of issue of Development Permit NOTES: The issuance of a Development Permit granted pursuant to By-law #2753/P+D/25, in accordance with the Notice of Decision, is subject to the condition that it does not become effective until fifteen (15) days after the date the order, decision or Development Permit is issued. The Zoning By-law provides that any person claiming to be affected by a decision of the Development Officer may appeal to the Development Appeal Board, using Form D1 by serving written notice of appeal to the Secretary of the Development Appeal Board within fourteen (14) days after notice of the decision is given; and, a permit issued in accordance with the Notice of Decision is valid for a period of 365 days from the date of issue. If, at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Development Permit No: CONDITIONS ON DEVELOPMENT PERMIT (To Be Filled by Development Officer) 1. ACCEPTANCE BY APPLICANT OF DP AND ANY TERMS & CONDITIONS OUTLINED HEREWITH I have read the terms and conditions applied to Development Permit # and agree to comply. Signature of Applicant Date Signature of Witness TOWN OF INUVIK ZONING BY-LAW #2753/P+D/25 FORM 'C' NOTICE OF REFUSAL You are hereby notified that your application for a Development Permit with regard to the following: Has been REFUSED for the following reasons: You are further notified that you may appeal this decision to the Development Appeal Board in accordance with the provisions of the Zoning Bylaw. Such an appeal shall be made in writing and shall be delivered either personally or by mail so as to reach the Secretary of the Development Appeal Board not later than fourteen (14) days following the date of issue of this notice. The notice of appeal shall contain a statement of the grounds of the appeal. Date of Decision Date of Notice of Decision Signature of Development Officer TOWN OF INUVIK ZONING BY-LAW #2753/P+D/25 FORM 'D1' SUBMISSION OF APPEAL ON A DEVELOPMENT PERMIT Development Permit Appeal Form (Zoning Bylaw Section XX) Important: Appeals must be filed within [X days] of the date of the Development Authority's decision, in accordance with Section [relevant statute, e.g. Municipal Government Act]. Incomplete forms may not be accepted. 1. Appellant Information - Name of Appellant (individual/organization): ____________________________________________ - Mailing Address: ____________________________________________________________________ - Phone Number: ______________________ - Email: ______________________________ 2. Property / Permit Information - Civic Address of the Property: _________________________________________________________ - Legal Land Description (if available): _________________________________________________ - Development Permit Number: ______________________ - Date of Decision Being Appealed: ______________________ 3. Grounds for Appeal (Please describe the reasons you are appealing the decision. Be as specific as possible, referencing applicable zoning bylaw provisions, planning considerations, or impacts.) (Attach additional pages if necessary.) 4. Desired Outcome (Please state what result you are seeking -- e.g., permit refusal, modification of conditions, or other relief.) 5. Declaration I hereby submit this appeal in accordance with the requirements of the Zoning Bylaw and applicable legislation. Signature of Appellant: ___________________________ Date: __________________ 6. Filing Instructions - Appeals must be submitted to the [Subdivision and Development Appeal Board / designated body] by [method: mail, in person, online portal, etc.]. - Contact [Clerk/Secretary contact info] with questions. FORM 'D2' NOTICE OF APPEAL HEARING This is to notify you that an appeal has been made to the DEVELOPMENT APPEAL BOARD against a decision in respect of Application No. : which involves development described as follows: Place of Hearing: Time of Hearing: Date of Hearing: Any persons affected by the proposed development have the right to present a written brief prior to the hearing and to be present and be heard at the hearing. Persons requiring to be heard at the meeting shall submit the written briefs to the Secretary of the Development Appeal Board not later than: Date Signature of Secretary Development Appeal Board TOWN OF INUVIK Application No.: ZONING BY-LAW #2753/P+D/25 FORM 'D3' NOTICE OF APPEAL DECISION This is to notify you that an appeal against the: APPROVAL APPROVAL - with conditions REFUSAL Of a Development Permit with regard to the following: Was considered by the DEVELOPMENT APPEAL BOARD on and the decision of the DEVELOPMENT APPEAL BOARD with regard to the appeal is as follows and for the following reasons: Date Signature of Secretary Development Appeal Board NOTE: A decision of the Development Appeal Board is final and binding on all parties and persons subject only to an appeal upon a question of jurisdiction or law pursuant to Section 50 of the Planning Act. An application for leave to appeal to the Supreme Court shall be made to a judge of the Supreme Court within thirty (30) days after the issue of the order, decision, permit or approval sought to be appealed. TOWN OF INUVIK ZONING BY-LAW #2753/P+D/25 FORM 'E' REGISTERED MAIL or SERVED IN PERSON NOTICE OF ZONING BY-LAW CONTRAVENTION You are hereby notified that your development is in contravention of the Zoning By-law Development Permit By reason of: You are requested to take remedial action to conform to the by-law/permit as follows: Failure to comply with this request within days of receipt of this notice may result in action being taken through the courts to seek remedy under the provisions of the Planning and Development Act. Date of Notice Signature of Development Officer TOWN OF INUVIK ZONING BY-LAW #2753/P+D/25 FORM 'F' APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW PLEASE PRINT: I/We hereby make application to amend the Zoning By-law (#xxxx). Applicant: Telephone: Address: Owner of Land: Telephone: Address: Land Description: Lot: Block: Plan: Civic Address: Amendment Proposed: Reasons in support of application for amendment: (attach additional pages as required) I/We enclose $ being the application fee. Signature of Applicant Date