City of Yellowknife Zoning By-law No. 5045

Yellowknife, Northwest Territories · No. 5045 · adopted 2022-03-14 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 06f5bb515f78 · verified 2026-09-29 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CONSOLIDATION OF ZONING BY-LAW NO. 5045 Adopted March 14, 2022 AS AMENDED BY By-law No. 5079 - March 25, 2024 By-law No. 5095 - October 28, 2024 By-law No. 5105 - May 12, 2025 By-law No. 5115 - October 14, 2025 By-law No. 5120 - February 25, 2026 By-law No. 5123 - March 25, 2026 By-law No. 5124 - March 25, 2026 (This consolidation is prepared for convenience only. For accurate reference, please consult the City Clerk's Office, City of Yellowknife) DM#761656-v1 Zoning By-law 5045| March 14, 2022 A BY-LAW of the Council of the Municipal Corporation of the City of Yellowknife in the Northwest Territories, authorizing the Municipal Corporation of the City of Yellowknife to adopt a Zoning By-law for the City of Yellowknife. PURSUANT TO: a) Sections 12 to 32 inclusive of the Community Planning and Development Act, S.N.W.T., 2011, c.22; and b) Section 129 of the Cities, Towns and Villages Act, S.N.W.T., 2003, c.22. WHEREAS the Municipal Corporation of the City of Yellowknife deems it desirable to adopt a Zoning By-law; NOW, THEREFORE, THE COUNCIL OF THE MUNICIPAL CORPORATION OF THE CITY OF YELLOWKNIFE, in regular sessions duly assembled, enacts as follows: SHORT TITLE The By-law may be cited as the Zoning By-law No. 5045. APPLICATION The Zoning By-law for the City of Yellowknife comprised of Schedule "A" attached hereto and forming part of this by-law is hereby adopted. REPEALS Zoning By-law No. 4404, as amended, is hereby repealed. EFFECT That this by-law shall come into effect upon receiving Third Reading and otherwise meets the requirements of Section 75 of the Cities, Towns and Villages Act. Table of Contents| i Zoning By-law 5045| March 14, 2022 Table of Contents 1. Enactment and Interpretation .............................................................................. 1 1.1. Title .................................................................................................................. 1 1.2. Purpose of the By-law ..................................................................................... 1 1.3. Application ....................................................................................................... 1 1.4. Zones and Zoning Map .................................................................................... 2 1.5. Rules of Application ......................................................................................... 2 1.6. Effective Date .................................................................................................. 3 1.7. Repeal .............................................................................................................. 3 1.8. Transition ......................................................................................................... 3 1.9. Severability ...................................................................................................... 3 2. Definitions ........................................................................................................... 4 3. Roles and Responsibilities .................................................................................. 31 3.1. Development Officer ..................................................................................... 31 3.2. Council ........................................................................................................... 31 3.3. Development Appeal Board .......................................................................... 32 3.4. Secretary to the Development Appeal Board ............................................... 33 4. Development Permit Process ............................................................................. 34 4.1. Development Permits and Development Considerations............................. 34 4.2. Development not requiring a Development Permit ..................................... 35 4.3. Legal Non-Conforming Uses, Structures and Lots ......................................... 36 4.4. Application for a Development Permit ......................................................... 37 4.5. Development Permit Process ........................................................................ 38 4.6. Decision Process and Conditions for Development ...................................... 39 4.7. Development Permit Conditions and Development Agreements ................ 41 4.8. Variance Authority ......................................................................................... 43 Table of Contents| ii Zoning By-law 5045| March 14, 2022 4.9. Evaluation Criteria for a Variance .................................................................. 43 4.10. Fees ................................................................................................................ 43 4.11. Notice of Decisions ........................................................................................ 44 4.12. Effective Date and Validity of a Development Permit .................................. 44 4.13. Failure to Complete Development ................................................................ 45 4.14. Amending a Development Permit ................................................................. 45 4.15. Suspending or Revoking of a Development Permit ...................................... 46 5. Appeals and Amendments.................................................................................. 47 5.1. Development Appeal Process ........................................................................ 47 5.2. By-law Amendments ..................................................................................... 49 6. Compliance ........................................................................................................ 50 6.1. Contraventions and Enforcement Order ....................................................... 50 6.2. Right of Entry ................................................................................................. 50 6.3. Penalties ........................................................................................................ 51 7. General Development Regulations Applicable to all Zones ................................. 53 7.1. Site Planning Considerations ......................................................................... 53 7.2. Cultural Protection ........................................................................................ 54 7.3. Grade ............................................................................................................. 55 7.4. Vehicular Access and On-Site Traffic ............................................................. 56 7.5. General Landscaping Regulations ................................................................. 56 7.6. Fences ............................................................................................................ 62 7.7. Sight Visibility Triangle ................................................................................... 64 7.8. Parking ........................................................................................................... 65 7.9. Signs ............................................................................................................... 76 7.10. Temporary Use .............................................................................................. 81 7.11. Set-backs from Water-Bodies ........................................................................ 82 7.12. Shoreline Development ................................................................................. 82 7.13. Specific Use Regulations Applicable to All Zones .......................................... 83 Table of Contents| iii Zoning By-law 5045| March 14, 2022 8. General Development Regulations Applicable to Residential Zones .................... 87 8.1. General Development ................................................................................... 87 8.2. Specific Use Regulations Applicable to Residential Zones ............................ 88 9. General Development Regulations Applicable to Non-Residential Zones ............ 93 9.1. General Development ................................................................................... 93 9.2. Specific Use Regulations Applicable to Non-Residential Zones .................... 93 10. Residential Zones and Zone Regulations ............................................................. 96 10.1. R1 - Low Density Residential ......................................................................... 96 10.2. R2 - Medium Density Residential ............................................................... 100 10.3. RC - Residential Central .............................................................................. 105 10.4. RE - Residential Estate ................................................................................ 114 10.5. RI - Residential Intensification .................................................................... 118 11. Commercial Mixed Use Zones and Zone Regulations ........................................ 123 11.1. DT - Downtown ........................................................................................... 123 11.2. CS - Commercial Service ............................................................................. 135 11.3. OT - Old Town Mixed Use ........................................................................... 139 12. Industrial/Solid Waste Management Use Zones and Zone Regulations ............. 145 12.1. KL - Kam Lake .............................................................................................. 145 12.2. KLS 1 - Kam Lake South One ....................................................................... 150 12.3. KLS 2 - Kam Lake South Two ....................................................................... 154 12.4. IG - Industrial General ................................................................................. 156 12.5. SWM - Solid Waste Management ............................................................... 159 13. Parks, Recreation and Public Use Zones and Zone Regulations ......................... 161 13.1. PS - Public Service ....................................................................................... 161 13.2. PR - Parks and Recreation ........................................................................... 163 13.3. NA - Natural Area ........................................................................................ 165 13.4. NP - Nature Preservation ............................................................................ 166 14. Special Management Use Zones ....................................................................... 167 Table of Contents| iv Zoning By-law 5045| March 14, 2022 14.1. GM - Growth Management ........................................................................ 167 14.2. AE - Airport Environs ................................................................................... 169 14.3. NC - Ndilo Community ................................................................................ 172 14.4. EH - Environmental Hazard ......................................................................... 173 14.5. SA - Seismological Array.............................................................................. 174 14.6. SMR - Special Management Reserve .......................................................... 175 Schedule 1 - Zoning Map ......................................................................................... 176 Schedule 2 - Parking Standard Areas Map ............................................................... 177 Schedule 3 - Certificate of Compliance .................................................................... 178 Tables Table 2-1: Definitions........................................................................................................... 4 Table 2-2: Sign Definitions ................................................................................................. 30 Table 7-1: Landscaping Regulations for Residential .......................................................... 58 Table 7-2: Landscaping Regulations for Non-Residential .................................................. 60 Table 7-3: Minimum Parking Space Requirements ........................................................... 66 Table 10-1: R1 Permitted and Discretionary Uses ............................................................ 96 Table 10-2: R1 Regulations ................................................................................................ 97 Table 10-3: R2 Permitted and Discretionary Uses .......................................................... 100 Table 10-4: R2 Medium Density Regulations .................................................................. 101 Table 10-5: RC Permitted and Discretionary Uses .......................................................... 105 Table 10-6: RC Residential Central Regulations .............................................................. 106 Table 10-7: RC Residential Central Non-Residential Regulations ................................... 109 Table 10-8 RC-1 Permitted and Discretionary Uses ........................................................ 111 Table 10-9: RC1 1 Specific Regulations ............................................................................ 112 Table 10-10: RC Specific Setback Regulations ................................................................. 113 Table 10-11: RE Permitted and Discretionary Uses ........................................................ 114 Table 10-12: RE Residential Estate Regulations .............................................................. 114 Table of Contents| v Zoning By-law 5045| March 14, 2022 Table 10-13: RI Permitted and Discretionary Uses ......................................................... 118 Table 10-14: RI Residential Intensification Regulations .................................................. 119 Table 10-15: RI-1 Permitted and Discretionary Uses ...................................................... 120 Table 10-16: RI-1 Specific Regulations ............................................................................ 121 Table 11-1: DT Permitted and Discretionary Uses .......................................................... 123 Table 11-2: DT Downtown Residential Regulations ........................................................ 124 Table 11-3: DT Downtown Mixed & Non-Residential Regulations ................................. 126 Table 11-4: CS Permitted and Discretionary Uses ........................................................... 135 Table 11-5: CS Regulations .............................................................................................. 136 Table 11-6: OT Permitted and Discretionary Uses .......................................................... 139 Table 11-7: OT Residential Regulations ........................................................................... 140 Table 11-8: OT Non-Residential Regulations ................................................................... 141 Table 12-1: KL Permitted and Discretionary Uses ........................................................... 145 Table 12-2: KL Regulations .............................................................................................. 146 Table 12-3: KLS 1 Permitted and Discretionary Uses ...................................................... 150 Table 12-4: KLS 1 Regulations .......................................................................................... 151 Table 12-5: KLS 2 Permitted and Discretionary Uses ...................................................... 154 Table 12-6: KLS 2 Regulations .......................................................................................... 154 Table 12-7: IG Permitted and Discretionary Uses ........................................................... 156 Table 12-8: IG Regulations ............................................................................................... 157 Table 12-9: SWM Permitted and Discretionary Uses ...................................................... 159 Table 12-10: SWM Regulations ....................................................................................... 160 Table 13-1: PS Permitted and Discretionary Uses ........................................................... 161 Table 13-2: PS Regulations .............................................................................................. 162 Table 13-3: PR Permitted and Discretionary Uses .......................................................... 163 Table 13-4: PR Regulations .............................................................................................. 163 Table 13-5: NA Permitted and Discretionary Uses .......................................................... 165 Table 13-6: NP Permitted and Discretionary Uses .......................................................... 166 Table of Contents| vi Zoning By-law 5045| March 14, 2022 Table 14-1: GM Permitted and Discretionary Use .......................................................... 167 Table 14-2: GM Regulations ............................................................................................ 167 Table 14-3: AE Permitted and Discretionary Uses .......................................................... 169 Table 14-4: AE Regulations .............................................................................................. 170 Table 14-5: SMR Permitted and Discretionary Uses ....................................................... 175 1 Enactment and Interpretation| 1 Zoning By-law 5045| March 14, 2022 1. Enactment and Interpretation PURSUANT TO the regulations of the Community Planning and Development Act, S.N.W.T. 2001,c.22 (the "Act") and the Section 70.(1)(e) of the Cities, Towns, and Villages Act, the Council of the City of Yellowknife (City), in meeting duly assembled, enacts as follows. 1.1. Title This By-law shall be known as the "Zoning By-law". 1.2. Purpose of the By-law The purpose of this By-law is to regulate and control the Use and Development of land and Buildings within the City in a balanced and responsible manner pursuant to the Community Planning and Development Act and in effect Community Plan. 1.3. Application The regulations of this By-law apply to the Use and Development of land and Buildings within the municipal boundary of the City. The City acknowledges that the Yellowknives Dene First Nation (YKDFN) has an inherent right to self-government. It is acknowledged that as part of the on-going Treaty negotiations between YKDFN, the Government of the Northwest Territories (GNWT) and Canada that lands may be selected by YKDFN within the municipal boundary that would otherwise be regulated by the City of Yellowknife. The City will work with the YKDFN on administration and application of this by-law to lands selected by the YKDFN determined through the conclusion of the Treaty negotiation process. Whereas the Interim Land Withdrawal on Commissioners Land inside the City's municipal boundary, as shown in Schedule 1 - Zoning Map, arose from an agreement between the Akaitcho Dene First Nations and the Government of the Northwest Territories. Interim-land withdrawal is a way to prevent new interests from being created while the Akaitcho Dene First Nations continue to negotiate their land claim with the Federal and Territorial governments. 1 Enactment and Interpretation| 2 Zoning By-law 5045| March 14, 2022 1.4. Zones and Zoning Map The Zones shall be referred to by the symbols and titles as described in Sections 10 to 14 of this By-law. Schedule 1 - Zoning Map, attached hereto and forming part of this By-law divides the City into Zones and delineates the boundary of each Zone, subject to Sections 1.4.3 to 1.4.5. Where uncertainty exists as to the boundaries of the Zones as shown on Schedule 1 - Zoning Map, the following applies: a) a boundary which follows a Street, right-of-way, lane, or stream shall be deemed to follow the centre line 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; and d) in circumstance not covered in Section 1.4, the location of the Zone boundary shall be determined: i by the dimensions set out on the Schedule 1 - Zoning Map, or ii by the measurement of and Use of the scale shown on the Zoning Map. The Uses, restrictions and regulations of the Zones shall not apply to public roadways, Streets, lanes or other right-of-way's unless these are legally closed and a Lot is created. Unless another Zone specifically designates the Shoreline of a particular Water-Body, and is delineated on Schedule 1 - Zoning Map, the Shore of any Water-Body (including islands) is deemed to be Zoned NP - Nature Preservation. The outer limit of this NP - Nature Preservation Zone is deemed to extend on land 50 m from the high water mark of the said Water-Body. 1.5. Rules of Application Words used in the present tense include the other tenses and derivative forms. Words in the singular include the plural and vice versa. The words shall and must require mandatory compliance except where a Variance has been granted pursuant to this By-law. 1 Enactment and Interpretation| 3 Zoning By-law 5045| March 14, 2022 Words, phrases and terms not defined in Section 2 of this By-law shall be given their definition in the Act. Other words shall be given their usual and customary meaning. Diagrams are illustrative in nature and meant to be tools to enhance clarity and understanding of the application the By-law. 1.6. Effective Date This By-law comes into force and takes effect upon the date of its Third Reading. 1.7. Repeal Zoning By-law No. 4404, as amended is hereby repealed. 1.8. Transition An application for a Development Permit, or amendment to the Zoning By-Law commenced prior to the effective date of this By-law shall be evaluated under the regulations of Zoning By-law No. 4404, as amended. 1.9. Severability If any section, sentence, clause or phrase of this By-law is, for any reason, held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this By-law. 2 Definitions| 4 Zoning By-law 5045| March 14, 2022 2. Definitions In this By-law, the following definitions apply. Throughout this Zoning By-law, defined terms are capitalized. Where an application for a specific Use generally conforms to the wording of two (2) or more Uses, the Development Officer shall determine the Use that best aligns with the intent of the Development's purpose. Table 2-1: Definitions Term Definition Access means a way of approaching or entering a property to provide vehicular or pedestrian entrance to a property; Front Street Access means the location of an entrance to provide vehicular or pedestrian entrance to a property from the fronting street; 2 Definitions| 5 Zoning By-law 5045| March 14, 2022 Term Definition Rear Street Access means the location of an entrance to provide vehicular or pedestrian entrance to a property from an alley or secondary street; Accessory Building means a building or structure which is incidental and subordinate (or secondary) to the main use of the lot. An accessory building must be separate (detached) from the main building; May include small animal enclosures, fuel storage tanks, sheds, detached garages, fences, parking, and other outside uses associated with the principal use. Accessory Use means a use incidental, subordinate and exclusively devoted to the main use and carried on with such main use, building or structure on the same lot; Airport Use means any use located within the area of land either in whole or in part for the arrival and departure or servicing of aircraft or helicopter. Includes any use, building, or equipment used in connection with the operation of the airport. Applies within the boundaries of the Yellowknife Airport Reserve; 2 Definitions| 6 Zoning By-law 5045| March 14, 2022 Term Definition Amenity Space means a covered or uncovered outdoor, ground level or roof-top area, onsite, common or private, designed for pedestrian-oriented use; Amenity Spaces may include the following: a) roof-top patios; b) widening of sidewalks to accommodate public gathering spaces; c) landscaping including tree, shrubs and planters d) benches, ledges or broad stairs; e) monuments and/or public art; f) public information displays, and; g) related street furniture Animal Services means a building or structure for the purpose of medical treatment or grooming that involves the short-term and temporary shelter of animals. May be supported by the retail sales of associated products. This may include veterinary clinics and hospitals, pet grooming salons, and dog daycares; Architectural Features means any building element not intended for occupancy and which extends beyond the face of an exterior wall or a building. Such features include, balconies, eaves, awnings, bay windows, chimney breasts or parts of chimney, sills, bay windows, cornices and any other architectural features which, in the opinion of the Development Officer, are of a similar character; Artisan Studio means the use of a building or accessory building for the production of arts, crafts, or other finished products such as but not limited to photography, sculpting, painting, ceramics; Does not include Food Production Facility. 2 Definitions| 7 Zoning By-law 5045| March 14, 2022 Term Definition Automobile Repair means the servicing, mechanical repair, customization and temporary storage of automobiles, light trucks, utility vehicles, motorcycles, snowmobiles, and similar automobiles; As an Accessory Use, may include the storage, sale and installation of related accessories and parts. Automobile Sales means the commercial sale and storage of automobiles. This may include an accessory Automobile Service Station and associated retail sales for vehicle accessories such as tires, but does not include a public Automobile Wash Facility; Automobile Service Station means land building, fuel storage tanks and electric charging facilities used for the sale and purchase of automotive fuel, propane and charging. It may also include the sale of lubricating oils and other associated automotive fluids. Minor service related to automobiles maintenance such as oil changes and tire repair may be performed. It may also include a Convenience Store; This does not include an Automobile Wash Facility. Automobile Wash Facility means a commercial facility for washing vehicles, may include the sale of minor retail sales of vehicle accessories such as windshield washer fluid and air fresheners; Automobile Wrecker means a land used for the storing, junking, dismantling, wrecking or crushing of 3 or more motor vehicles, not in running condition, and may include the sale of automobile parts; Brewing/Distilling Establishment & Brewpub means a commercial establishment where equipment and materials are stored and operated for the purposes of brewing, distilling and bottling or canning alcoholic beverages. Alcoholic beverages may be sold for offsite consumption, or consumed on the premises. May include an Office or food sales for onsite consumption; Brownfield Sites means undeveloped or previously developed properties that may be contaminated. They are usually, but not exclusively, former industrial or commercial properties that may be underutilized, derelict or vacant; Building means any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure; 2 Definitions| 8 Zoning By-law 5045| March 14, 2022 Term Definition Bulk Fuel Storage means the use of land, buildings or structures for the storage and distribution of fuels, oils, propane and other petroleum gases where the storage tank or tanks are above ground and the storage capacity exceeds 22,730 litres of propane, or where the storage capacity exceeds 50,000 litres per tank and the aggregate capacity of all the tanks exceeds 150,000 litres; Campground means land used for the parking and temporary use campsites occupied by tents, trailers, recreational vehicles and accessory uses and facilities such as administrative offices, sanitary facilities, recreational facilities and a convenience store; Cannabis means a cannabis plant and anything referred to in Schedule 1 of the Cannabis Act (Canada) but does not include anything referred to in Schedule 2 of that Act; Cannabis Production & Distribution means development used to produce, cultivate and grow Cannabis including processing raw materials, making, testing, manufacturing, assembling or in any way altering the chemical or physical properties of semi-finished or finished goods and products. This use also includes the storage, transshipping, distribution & sales of materials, goods and products to cannabis retail sales store; Card Lock Facility means one or more pump islands designed for the retail sale of gasoline or diesel fuel using pumps which are operated automatically by credit or debit cards; Car Sharing Parking Space means a parking space used to park a motor vehicle provided by a car sharing service; Car Sharing Service means a service that provides motor vehicles solely for the shared use of members of that service, and does not include an automobile rental establishment or automobile dealership; Car Share Vehicle means a vehicle that is owned and operated by an organization providing vehicle sharing services to its members, and may include commercial, cooperative, governmental or non-profit organizations; Change of Use means a change in use of an intensity that results in a change in the use of the land; examples include: - a change that results in a zoning amendment. - any change from one category of land use to another. The categories of land use include: residential, commercial, industrial or institutional. - any change in the intensity of the land use which will result in increased activity and/or density. Examples of this may include but are not limited to: o Single Dwelling residential to Multi-Dwelling residential; o commercial convenience store to a food and beverage service; 2 Definitions| 9 Zoning By-law 5045| March 14, 2022 Term Definition City means the Municipal Corporation of the City of Yellowknife in the Northwest Territories established pursuant to the Cities, Towns and Villages Act; Climate Change means the present and future consequences from changes in weather patterns at local and regional levels including extreme weather events and increased climate variability; Commercial Entertainment means the use of land, buildings or structures where a fee is charged to the public for the provision of a performance which may be accompanied with the sale of any items, food and beverage service. It may also include facilities for movies, live theatre, dancing and musicals; Commercial Recreation means the use of land, buildings or structures for recreational or tourism activity in return for a fee. May include but is not limited to indoor commercial playgrounds, bowling alleys, fairs, racquet courts, gymnasiums, outdoor tourism activities, the storage of equipment to support outdoor tourism activities, staging areas, retail sales, accessory food and beverage services and associated offices; Does not include a Hotel. Commercial Retail Sales and Service means the use of a building or buildings for the purpose of providing retail and service opportunities through the buying and selling of commodities and/or supplying of services. May include businesses such as major retail chains, clothing stores, boutique shops and travel agencies; This use does not include Automobile Sales, Automobiles Service Station, or Food and Beverage Services. Communications Tower means a structure affixed to the ground or a building used for the reception or transmission of radio or visual information or entertainment; Community Resource Centers means an office or offices, meeting room, assembly area, or similar facility for the provision of social or cultural programming. Composting Facility means a site or building used for composting types of activities including processing matter from raw organic materials which may create obnoxious odors or waste materials; 2 Definitions| 10 Zoning By-law 5045| March 14, 2022 Term Definition Contractor Services, means a development used for the provision of contracted services such as but not limited to: electrical, plumbing, heating, painting, and other similar contractor services; May include limited accessory sales of goods normally associated with the contractor services where all materials are kept within an enclosed building. Fleet storage may be permitted for four automobiles or less associated with the business and parked onsite. Convenience Store means the use of a building for the selling of limited commodities required by area residents on a day-to-day basis in an enclosed building which does not exceed 250 m2 in gross floor area. Typical uses include small food stores, variety stores, pharmaceutical and personal care items, but does not include Food and Beverage Services; Convention Center means a permanent facility used for the holding of conventions, seminars, workshops or similar activities, and may include dining, and compatible accessory facilities; Council means the Council of the Municipal Corporation of the City of Yellowknife in the Northwest Territories established pursuant to the Cities, Towns and Villages Act; Crematorium means a building or a part of a building being used for cremation; Day Care Facility means a day care facility where day care is provided in a place other than a private residence. Users can include children or adults with supervisory or care needs. The following day care programs may be provided by a day care facility: a) full-time day care; b) out-of-school day care; c) part-time day care; d) preschool day care; Day Care Facility, Home means a day care facility where care is provided within the private residence of the operator as a home based business and up to one support staff. Users can include children or adults with supervisory or care needs; Deck means an uncovered horizontal platform intended for seasonal use; Density means the maximum number of dwelling units permitted by this By-law based on lot area; 2 Definitions| 11 Zoning By-law 5045| March 14, 2022 Term Definition Development means the carrying out of: a) any construction, including placement or movement of a building, b) any excavation, or the deposit or movement of soil or other materials, or c) other related operations d) the product of development, as the term is defined in paragraph (a), such as a building or a developed site, or e) the making of any change in the use or the intensity of the use of any land or building; Development Agreement means a document specifying the manner in which the City requires a developer to carry out improvements on and off the Site proposed for Development and may include but is not limited to such items as the installation of water/sewer service and provision of public roadways and other infrastructure pursuant to Section 20 (1) of the Act; Development Appeal Board means the Development Appeal Board established by Council in accordance with Section 30 of the Community Planning and Development Act; Development Officer means a person appointed pursuant to Section 3.1 of this By-law; Development Permit means a document authorizing a Development issued pursuant to this By-law; Discretionary Use means a use listed as a Discretionary Use that may be approved by Council after due consideration is given to the Impact of that use upon neighboring land and other lands in the City, subject to Section 3.4 of this By-law; Dog Lot (Yellowknife Kennels) means the use of land, buildings or structures for the keeping of dogs associated with traditional, recreational or commercial purposes to facilitate dog-sledding activities; common term is 'Yellowknife Kennels' but does not include "Kennels". And reference to "kennels" in the Kam South Designation in the 2020 Community By-law #5007 are meant to be dog lots. Drive-Through means an establishment designed for service provision to customers who remain in their automobiles. A Drive-Through business may include banking, Food and Beverage Services, or dry cleaners but does not include a theatre and shall be accessory to the principal use; 2 Definitions| 12 Zoning By-law 5045| March 14, 2022 Term Definition Dwelling definition amended by By-law No. 5095 October 28, 2024 Dwelling Dwelling types include all residential forms and may include dwelling units that have support services available on site; "Single Detached Dwelling" means a residential building containing one dwelling unit, which is physically separate from any other residential building, and may include a factory built home; "Duplex Dwelling" means a residential building containing two dwelling units of approximately equal floor area with the dwelling units being placed side by side or one over the other, and with individual and separate entrances to each dwelling unit. This does not include a single detached dwelling with in-home secondary suite; 2 Definitions| 13 Zoning By-law 5045| March 14, 2022 Term Definition "Detached Secondary Dwelling (Suite)" means a secondary dwelling unit located in a separate building on a lot where the principal use is single detached dwelling, factory built dwelling or duplex dwelling; "Factory-Built Dwelling" a modular home, mobile home, or a panelized home with a single or duplex dwelling unit built in a manufacturing plant and transported to its point of installation; "Townhouse Dwelling" means a building containing more than two Dwelling Units that share one or more walls with adjacent Dwelling Units. Each Dwelling Unit has its own individual entrance to the exterior. Townhouse Dwelling Units can be arranged in a side-to-side, back-to-back, or stacked configuration; i. Conventional townhouses: incorporate side-to-side configurations with three or more units in a row; 2 Definitions| 14 Zoning By-law 5045| March 14, 2022 Term Definition ii. Back-to-back townhouses: incorporate both side-to-side and front-to-rear configurations and are distinguished from conventional townhouses by having two frontages; iii. Stacked townhouses: incorporate up-down as well as side-to-side and/or front-to-rear configurations; "Multi-Unit Dwelling" is a building that is divided horizontally and/or vertically into three or more separate Dwelling Units with shared entrance facilities; 2 Definitions| 15 Zoning By-law 5045| March 14, 2022 Term Definition "Special Care Residence" a development where persons reside for the primary purpose of receiving support, supervision and or treatment. Shared cooking, dining, laundry, cleaning and other facilities are provided on site and specialist care may be provided for 24 hours; Dwelling Unit means a building, self-contained portion of a building, or suite of rooms for the use of one or more individuals living as a single housekeeping unit. A dwelling unit containing sleeping, cooking and separate or sanitary facilities is accessed by a separate locked entrance or serviced by one (1) or more separate utility connections or accounts or both and is intended as a permanent or semi- permanent residence; Equipment Rental & Repair means a development used for the rental and repair of tools, appliances, recreational craft, office machines, furniture, home appliances, light construction equipment, recreational vehicles and industrial equipment; Does not include Commercial Recreation activities. Façade means the exterior wall or walls of a building exposed to public view or that wall viewed by persons not within the building; Factory-built dwelling Sales and Storage means a site used for the storage, staging, or shipping of factory built homes and related materials and may include accessory sales uses and structures; Fence means a structure continuous in length including gates, which is used to prevent or restrict passage, to provide visual screening, sound attenuation, protection from dust or the elements, or to mark a boundary; Fleet Service means the storage of fleet vehicles for the delivery of people, goods, or services, where such vehicles are not available for sale or long-term lease; Float Plane Base means any use of land adjacent to water used either in whole or in part for the arrival and departure or servicing of aircraft, and any buildings, installation or equipment used in connection with the operation of the float plane base. May include associated uses such as flight schools and Offices; Floor Area means the gross floor area of the building or structure, contained within all the floors and basement. The floor area does not include areas used exclusively for storage or mechanical/electrical service to the building; Food and Beverage Services means a facility in which food and/or beverages are prepared to be sold for consumption on the premises or for take-out, and may include such facilities as restaurants, drive-in food establishments, taverns, bars, cocktail lounges and catering services; 2 Definitions| 16 Zoning By-law 5045| March 14, 2022 Term Definition Does not include a Brewing/Distilling Establishment or fast foods sold by a Convenience Store. Food Production Facility means the use of a building or portion of a building for the preparation of food from the processing of raw materials into a semi-finished or finished product and may include the display of goods, onsite retail sale and offices. Uses include but are not limited to commercial bakeries, delis, and butcher shops; Funeral Home means a facility used for the preparation of the deceased for final disposition and for offering or providing funeral products and services to the public, but shall not include a crematorium unless the crematorium uses an alkaline hydrolysis cremation system; Government Office means development that provides for federal, territorial (including related boards and agencies) municipal or aboriginal administrative functions and associated public assembly functions; Grade means the elevation of finished ground surface, at building points, lot corners and throughout the site, excluding an artificial embankment; Grading means the carrying out of any construction, blasting, excavation, Grading or other operations to support the Development of the Site and building construction; Gross Floor Area means all the area of the floor enclosed by the outside edge of the exterior walls of a building, including without limitations stairways, elevator shafts, storage rooms and mechanical rooms; Hard Surface means the construction of a durable, dust-free, hard surface constructed of concrete, asphalt or similar pavement for the life of the development; Height means the vertical distance measured from the average finished grade of the corners of the proposed building or structure to the top of a building or structure; in calculating height, features such as steeples, elevators, stairwell shafts, flagpoles, radio transmitters, cupolas, antennae, chimney and ventilation equipment shall not be included; Home Based Business means the secondary use of a principal dwelling, and/or the use of an accessory building located on the same parcel as the principal dwelling unit, or a combination thereof, by a permanent resident(s) of the dwelling unit and limited off site employee(s) to conduct a business activity or occupation. A limited number of clients may access the site. It shall not include Cannabis Retail Sales or Cannabis Production & Distribution, and Kennels or Animal Services unless for grooming purposes only; 2 Definitions| 17 Zoning By-law 5045| March 14, 2022 Term Definition Hospital means an institution or building or group of buildings 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; Hotel means a building containing rooms or suites for temporary sleeping accommodation where the rooms have access from a common interior corridor, and which may also contain meeting rooms, Recreational Facilities, and Food and Beverage Services; Impact means the determination of any combined or potential effects, positive or negative in a specific area as a result of development activities which may occur simultaneously, sequentially or in an interactive manner; Industrial, Heavy means an industrial use where such operations that have Impacts that would make them incompatible in light industrial and non-industrial zones, such as emission from the building of odours, fumes, noise, cinder, vibrations, heat, glare or electrical interference; May include one or more of the following operations: a) the processing of raw or finished materials; b) the manufacturing or assembly of goods, products or equipment; c) the cleaning, servicing, repairing or testing of materials, goods and equipment; d) the training of personnel in general industrial operations. e) the processing and sale of soil, top soil, sand, gravel, rock, clay, peat, or similar substances, but not the extraction thereof; f) the production of concrete and asphalt g) the accessory storage of goods in connection with or resulting from any of the above operations; h) the provision of amenities for persons engaged in such operations; i) the accessory sale of goods resulting from such operations; and, j) the administration or accounting accessory to the operation; Does not include the processing of waste, organic materials or the blasting and subsequent sale of rock related to the grading of a lot. Industrial, Light means the use of land, building or structures for the manufacturing, processing, repairing, fabricating, or assembly of raw materials or goods, warehousing or bulk storage of goods and related accessory uses; May include one or more of the following options: a) Automotive repair b) Auto body repair c) Industrial cleaning supplies distribution d) nursery and related uses 2 Definitions| 18 Zoning By-law 5045| March 14, 2022 Term Definition e) tire shop f) Equipment Storage Sales and Parts supplies g) paint distribution h) welding, fabricating and steel supplies i) Contractors j) Industrial safety supplies and training If is an industrial use where the activities occurring on the property are causing a nuisance, those activities are to be completed indoors or will otherwise be considered Industrial, Heavy. This use does not include Bulk Fuel Storage. Institutional means, for the purpose of this By-law all uses that support social programs and facilities for the public by private, public, quasi-public, or NGO agencies. Includes the following defined uses: Special Care Facility, Religious and Education Establishments, Recreation Facility and Rehabilitative and Corrective Facility, but is not a standalone use. Kennels means the use of land or buildings for the breeding, boarding, raising or training and/or grooming of dogs for compensation. May include the impounding, quarantining facilities and animal shelters; Does not mean Dog Lots (Yellowknife Kennel). Landscaping Means the: a) retention and preservation of existing natural vegetation and bedrock; b) soft landscaping consisting of vegetation such as trees, shrubs, hedges, grass and ground cover; and c) hard landscaping consisting of non-vegetative materials such as brick, stone/rock, concrete, metal, tile and wood. Landowner means: a) in the case of land owned by the Commissioner of the Northwest Territories or the Crown in right of Canada, the Commissioner or Minister of the Crown having the administration of the land; or b) in the case of any other land the registered owner, the owner's agent, or an authorized representative; Legal Non- Conforming Structure means a building or structure that was lawfully constructed or lawfully under construction at the date of this By-law coming into force, and does not conform to the requirements of this By-law; 2 Definitions| 19 Zoning By-law 5045| March 14, 2022 Term Definition Legal Non- Conforming Use means a Use of land or Building/Structure that was lawfully commenced before the coming into force of this By-law and does not conform to the requirements of this By-law; Loading Space means a space for the loading or unloading of a vehicle either inside or outside a building or structure including space adjacent to a loading door, platform, or bay; Lot means an area of land, the boundaries of which are filed on a plan registered in the Land Titles Office; Lot, Corner means a lot located at the intersection or junction of two or more streets; Lot Lines means the legally defined limits of any lot; Lot Width means the horizontal distance between the side lot lines measured along a straight line setback from the front Lot Line at a distance equal to the minimum required front yard for the zone and approximately parallel to the street line; 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 and other uses; Medical and Health Services means a building or part of a building for the provision of physical and mental health services for out-patient care. May include dentists, doctors, counselors, psychologists, optometrists, physiotherapists, chiropractors and other medical services; 2 Definitions| 20 Zoning By-law 5045| March 14, 2022 Term Definition Does not include Animal services. Medical Research and Development Facility/Laboratory means a building or group of buildings for medicinal research, investigations, testing and/or medical experimentation to aid in the treatment of patients; Mixed Use means a development that incorporates a mix of 2 or more permitted or discretionary uses in the zone in one building and provides a building form that is street oriented at grade; Motel means a building or group of buildings containing rooms or suites designed to provide temporary accommodation, and where each room or suite has its own exterior access which is provided with an adjoining or conveniently located parking stall; Municipal Services means the activity, work or facility undertaken or provided for, on behalf of the City of Yellowknife; Natural Boundary means the ordinary high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual as to mark upon the shore of a lake, river, stream or other body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the shore itself; Natural Resource Extraction means the industrial extraction or taking of soil, top soil, sand, gravel, rock, silt, clay, peat, sediment or any other substance of which land is composed or a combination thereof; and may include quarrying or commercial mining of minerals or elements like gold, silver, diamonds and base metals; This definition does not include any excavation or work incidental to the development of a building, structure, or use for which a development permit has been issued. Office means the use of a commercial building or home-based business for professional services such as but not limited to: a) management, b) administrative, c) financial service, or d) doctors' offices including the provision of out-patient health care; Open Space means an undeveloped site characterized by the bedrock outcrops, the water- bodies, the indigenous vegetation and any other natural feature, or any combination of these; 2 Definitions| 21 Zoning By-law 5045| March 14, 2022 Term Definition Outdoor Storage means the area of a site used for the storage of any goods, merchandise, junk, vehicles, or equipment associated with the approved use of the site; Outdoor Storage Facility means a site exclusively used for the storage of goods or materials or equipment. Un-serviced buildings or structures are considered accessory buildings; This also includes properties where a fee is charged for the use of outdoor storage. Outdoor Wood Pellet Boiler means a heating system located outside of the building(s) to be heated, using wood pellets as heating source. It typically comprises a storage unit, a boiler, and a piping network connecting to the building(s) to be heated. A wood pellet boiler heating system is considered accessory to the principal building (s) it serves on the same lot or site; Parking Area means an open area of land other than a street, laneway, or building, which is used for or intended to be used to provide space for parking, loading or storage of motor vehicles, and which may include bicycle spaces and the access to the area where parking is the principal use; Parking Lot means an open area of land other than a street or a building designed and used for the parking of a number of vehicles, and where parking is the principal use of the lot; Parking Space means a space for the parking of one motor vehicle either inside or outside of a building or structure, but does not include space for drive aisles and other areas providing access to the space; Parking Structure means a structure or a portion of a structure that is used for or intended to be used to provide space for parking, loading or storage of motor vehicles, and which may include bicycle spaces and the access to the area where parking is the principal use; Parks and Recreation means a site for use by the public for both passive and active forms of recreation; Permitted Uses means a use listed in a permitted use table that shall be approved with or without conditions provided the requirements and regulations of this By-law are satisfied; Personal Services means the provision of a service to the public on a commercial lot or home based business. Services may include but are not limited to massage therapy, beauty salons, hairdressers, photographers, travel agencies; Physical Limitations when used in reference to consider a modification of lot or yard sizes, setbacks, and parking shall refer to the existing terrain and topography of the lot, unique vegetation, geometry of a particular lot or the location of existing structures which may be a limitation to the type of development that characterizes a particular zone; 2 Definitions| 22 Zoning By-law 5045| March 14, 2022 Term Definition Planned Development definition amended by By-law No. 5095 October 28, 2024 Planned Development "Planned Development" means the grouping on a lot of two or more: i. Permitted or discretionary uses; and/or ii. Principal buildings; Principal means a building which: a) occupies the major or central portion of a lot; b) is the principal or main building on a lot; or c) constitutes by reason of its use the primary purpose for which the lot is used; Principal Use means the main purpose for which a building or lot is used; 2 Definitions| 23 Zoning By-law 5045| March 14, 2022 Term Definition Projection means an architectural feature, or building feature, such as an unenclosed deck, that overhangs or protrudes into the required minimum setback; Public Park means all land that is maintained or operated by the City of Yellowknife for community recreation activity; Public Utility Uses and Structures means a system, works, plant, equipment, or service, whether owned or operated by or for the City or by a corporation, which furnishes services and facilities available at approved rates to or for the use of the inhabitants of the City, including but not limited to communication systems, transportation, municipal services, and the supply of electricity; Real Property Report means a legal document that clearly illustrates the location of significant visible improvements relative to the property boundaries. It is produced by a Canada Lands Surveyor usually for determining compliance with municipal By-laws; Recreation Facility means all or any part of a building, buildings, or structure that is maintained or operated for community recreation activity; Recreation Space definition amended by By-law No. 5095 October 28, 2024 Recreation Space means indoor and outdoor recreation space provided as required in the By-law: i. "Indoor Recreation Space" includes but is not limited to: balconies, communal indoor lounges, or private gyms; ii. "Outdoor Recreation Space" includes but is not limited to: roof lounges, community gardens, outdoor gathering space, or children's play area 2 Definitions| 24 Zoning By-law 5045| March 14, 2022 Term Definition Recycling Facility means a development for depositing, storing, separating, dismantling, salvaging, treating, renovating or redistributing non-toxic discarded materials and scrap goods for use as recycled materials, such as paper, glass, plastics, metals, waste concrete, waste asphalt, manufacturing off-cuts, and household goods; Does not include an Automobile Wrecker. Rehabilitative and Corrective Facility means a development to hold, confine or to provide regulated or temporary residential facilities for minors or adults either awaiting trial on criminal charges or as part of the disposition of criminal charges. Typical uses are a remand centre or jail; Religious & Education Institutions means development used by the public for assembly, instruction, education, culture, religion, or enlightenment for a communal activity; Residual Area means all of that area of a lot not covered by structures, parking, loading and access/egress to roadways; Scientific Research and Development Facility/Laboratory 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; Does not include a Medical Research and Development Facility/Laboratory; Screening means the total or partial concealment of a building, structure or activity by a fence, decorative rocks/boulders, wall, berm or soft landscaping; Shore means the land or area immediately adjacent and directly associated to a water- body; 2 Definitions| 25 Zoning By-law 5045| March 14, 2022 Term Definition Shoreline means the line along which a large body of water meets the land; Short-Term Rental Accommodation means the business of providing temporary accommodation for compensation in a dwelling unit where persons may rent a portion or all of the premises for thirty (30) consecutive days or less; Similar Use means a development deemed by Council to be similar in nature to a Permitted or Discretionary Use that is defined in the By-law. The proposed Use is not currently provided for in a definition of this By-Law; Site means a single lot, or a contiguous group of lots usually considered a unit for purposes of development; Solid Waste Processing Facility means a disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste; Special Care Facility means a building or structure that receives persons, primarily for the purpose of providing temporary care, guidance, or other activities for a continuous period not exceeding 24 hours; Does not include a Day Care Facility, a Day Care Facility, Home or a Special Care Residence; Special Care Residence see "Dwelling" definition; 2 Definitions| 26 Zoning By-law 5045| March 14, 2022 Term Definition Storage Facility means building or buildings used for the storage of goods or materials or equipment. It may be an accessory use; Storey means that portion of the building which is situated between the top of any floor and the top of the floor next above or below it, and if there is no floor above that portion then between the top of such floor and the ceiling above it; Street means a public thoroughfare which affords the principal means of access to and from the abutting lots; Street Access means the parcel frontage that provides primary street or lane access; Structure means anything located, constructed, or erected with a fixed location on or to land, or attached to something having a fixed location on or to land, including land that is underwater; Subdivision means the division of a parcel of land into one or more smaller parcels by means of a plan or survey, and this shall include the consolidation of parcels into a single parcel; Temporary Use means development or use characterized by a seasonal or short term nature of which the duration shall not exceed the time period and conditions specified in an approved Development Permit. The foundation or footing of any buildings or structures shall be removed when the designated time period, activity, or use for which the temporary structure has ceased; Temporary Use does not include temporary car shelters, or shipping containers. Transportation Facility means the use of land, buildings or structures for the purpose of storing or staging goods, the servicing or repairing of large automobiles, or loading or unloading transportation trucks; 2 Definitions| 27 Zoning By-law 5045| March 14, 2022 Term Definition May include an accessory truck driver lounge that serves as a rest stop with washrooms, kitchenette, and shower facilities available to the users of the property. Does not include "food and beverage services". Urban Agriculture, Commercial means commercial food and agriculture activities for profit as the primary use, including greenhouses, fish processing/selling, and raising small livestock to create products and/or services for sale; May include: a) commercial greenhouse gardens, or nurseries. b) facilities for the keeping of small animals include hens, ducks, quail, rabbits, goats and pigs as well as bees and insects. This does not include a Cannabis Production & Distribution or Cannabis Retail Sales. No keeping of small animals as referenced in b) are allowed in the IG -Industrial General Zone. Urban Agriculture, Community means the growing and raising of food and agriculture. The use is for the primary purpose of shared, personal, community food or health programs and/or local sale. Product generated from Community Urban Agriculture activities may be sold locally as a commercial product; and a) May include a greenhouse or gardens; b) May include the keeping of small animals including hens, ducks, quail, rabbits, goats and pigs as well as bees and insects. Use when used as a noun, means the purpose for which any land, building, structure or premises, or part or combination thereof, is arranged, designed or intended to be used and "uses" shall have a corresponding meaning; When used as a verb, or "to use" shall have a corresponding meaning. Variance means an alteration or change to a standard prescribed by this By-law that is authorized by the Development Officer, Council or the Development Appeal Board; Warehousing and Distribution means the storage and distribution of raw materials, processed or manufactured goods, and the establishments providing for those services; Water-Body means any bay, or lake; 2 Definitions| 28 Zoning By-law 5045| March 14, 2022 Term Definition Watercourse means any natural or manmade stream, river, creek, ditch, channel, canal, culvert, drain, waterway, gully, ravine, or wash where water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks and includes any area adjacent thereto subject to inundation by reason of overflow or flood water; Workers Accommodation means a facility constructed to provide housing for workers in the form of complete dwelling units, typically for related business for an appropriate project, term or seasonal purpose. Yard means a part of a lot upon or over which no building or structure other than a boundary fence is erected unless otherwise herein permitted; Yard Setback" means a part of a lot upon or over which no building or structure other than a boundary fence is erected unless otherwise herein permitted; Yard, Front means a yard extending across the full width of a lot and situated between the front lot line and the nearest portion of the principal building; 2 Definitions| 29 Zoning By-law 5045| March 14, 2022 Term Definition Yard, Flanking Side means the side yard parallel to a roadway; Yard, Rear means a yard extending across the full width of a lot and situated between the rear lot line and the nearest portion of the principal building; Yard, Side means a yard extending from the front yard to the rear yard and situated between the side lot lines and the nearest portion of the principal building; Zone means a zone of land and/or water established under this By-law; 2 Definitions| 30 Zoning By-law 5045| March 14, 2022 Table 2-2: Sign Definitions Term Definition Awning means a projection supported solely from the building, constructed with a fabric or plastic skin stretched over a frame used for shelter from the weather; Billboard means a sign directing attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the lot where the sign is located; Business Frontage means any side of a lot or building which faces a road, lane, or parking area; Canopy means a projection outward from the face of a building constructed as an integral part of the building, primarily designed to provide shelter from the weather; Canopy sign means a sign attached to the canopy; Community sign means a sign containing advertisement which provides direction to or information on community or quasi-public facilities or short-term events; Fascia sign means a sign attached parallel to the face of a building which advertises the name, logo and general details of the business located on-site; Free Standing Sign means a sign supported by one or more columns permanently attached to the ground and which is not connected in any way to any building or other structure; Free Standing Portable Sign means a sign on a standard or column fixed to its own self-contained base and capable of being moved manually; Marquee sign means a solid projection extending horizontally from the front of a building between the first and second stories thereof; Projecting Sign means a sign which is attached to a building or structure so that part of the sign projects more than 30 centimeters from the business frontage of the building or structure; Roof Sign means a sign that is erected on or above the roof or parapet wall of a building and which is wholly or partially supported by the said building; Sign means any structure, device or light, used to identify advertise or attract attention to any object, place, product, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business which is intended to be seen from off the premises or from a parking lot; 3 Roles and Responsibilities| 31 Zoning By-law 5045| March 14, 2022 3. Roles and Responsibilities 3.1. Development Officer The office of the Development Officer is established in accordance with Section 52 of the Act. The Development Officer shall: a) receive and process all Development Permit applications; b) keep and maintain for inspection by the public during Office hours, a copy of this By-law, as amended, and ensure that copies are available to the public at a reasonable charge and maintain an up to date electronic version accessible on the City's website; c) keep a register of all Development Permit applications, decisions thereon and rationale; d) make decisions on all Development Permit applications and all applications requesting a Variance pursuant to Sections 4.8.1 of this By-law; e) refer all requests to Council for decision for those Uses listed as Discretionary Uses in the Zone, and all requests for a Variance pursuant to Section 4.8.2 of this By-law; f) approve or refuse, pursuant to the Act and this By-law, all Development Permit applications and state the terms and conditions as authorized by this By-law; and g) post a notice for all Development Permit applications and state terms and conditions as authorized by this By-law. The Development Officer may: a) refer any application for a Development Permit to Council; and b) refer any other Development matter to Council for its review and/or decision. 3.2. Council Council shall: a) make decisions and recommend conditions on Discretionary Uses; b) make decisions and recommend conditions for a requested Variance pursuant to Section 4.8.2 of this By-Law; 3 Roles and Responsibilities| 32 Zoning By-law 5045| March 14, 2022 c) approve, add any specific provision(s), or deny all applications for an amendment to this By-law ; and d) make a decision and recommend any terms and conditions on any other planning, or Development matter referred to it by the Development Officer. 3.3. Development Appeal Board The Development Appeal Board is hereby established in accordance with Section 30 (1) of the Act. The Development Appeal Board shall: a) be composed of at least three persons and not more than seven, and one shall be a member of Council, but shall not include employees of the City; b) elect one member as a chairperson; c) elect one member as a vice-chairperson; d) hold a hearing within 30 days after an appeal has been received; e) ensure that reasonable notice of the hearing is given to the appellant, Landowners and lessees within 30 m of the boundary of land in respect of which the appeal relates, and all persons who in the opinion of the Development Appeal Board may be affected; f) consider each appeal having due regard to the circumstances and merits of the case and to the purpose, scope and intent of the Community Plan, Area Development Plan, and any Council approved plans or policies, and to this By- law; g) where an appeal is heard, the Development Appeal Board shall provide the persons referred to in Section 66 (2) of the Act the opportunity to be heard as referenced in Section 68 of the Act. h) render its decision in writing with reasons and provide a copy of the decision to the appellant and any other parties, as described in Section 69 (3) of the Act within 60 calendar days after the date on which the hearing is concluded; and i) conduct a hearing pursuant to Section 5.1 of this By-law. 3 Roles and Responsibilities| 33 Zoning By-law 5045| March 14, 2022 The Development Appeal Board may: a) in determining an appeal, confirm, reverse or vary the decision appealed from and may impose conditions or limitations that it considers proper and desirable in the circumstances. Decisions of the Development Appeal Board must be in compliance with this Zoning By-law, the Community Plan and any applicable Area Development Plan; and b) appoint the City Clerk to act as Secretary for the Development Appeal Board. 3.4. Secretary to the Development Appeal Board The Secretary for the Development Appeal Board shall: a) ensure that reasonable notice of the hearing is given to the appellant, Landowners and lessees within 30 m of the boundary of land in respect of which the appeal relates, and all persons who in the opinion of the Development Appeal Board may be affected; b) prepare and maintain a file of the minutes of the business transacted at all meetings of the Development Appeal Board; c) issue the decision of the Development Appeal Board with reasons and provide a copy of the decision to the appellant and any other parties, as described in Section 69 (3) of the Act within 60 calendar days after the date on which the hearing is concluded; and d) carry out administrative duties as the Development Appeal Board may specify. 4 Development Permit Process| 34 Zoning By-law 5045| March 14, 2022 4. Development Permit Process 4.1. Development Permits and Development Considerations Purpose and Requirement for Development Permits: a) Development Permits support the regulation and control of the land Use and Development of land and Buildings in the City, in accordance with this By-law. b) applications for all Development Permits shall be made to the Development Officer. No person shall change the existing Use of any lands, Buildings or Structures to a different category of land Use without determining that the intended Use is in accordance with the regulations of this By-law. A Development Permit for Change of Use is required: a) where there is a Change of Use from a Permitted Use to a Discretionary Use in a Zone; or b) there is a change in intensity of Use such as: i low Density Residential Use to high Density Residential Use; ii Residential Use to Commercial Use; iii Commercial Use to Industrial Use; iv Mixed Use to Institutional Use; or v any change to the Principal uses. Except as provided in Section 4.2 of this By-law, no person shall commence a Development in the City unless: a) a Development Permit has first been issued pursuant to this By-law; b) the Development is in accordance with the terms and conditions of the Development Permit; and c) the effective date of an approved Development Permit has been reached. The installation of a Building or Structure on any Lot is prohibited if, in the opinion of the Development Officer, satisfactory arrangements have not been made by the applicant for the supply to the Building or Structure of services for water, electricity, sewage and Street Access, or any of them including payment of the costs of installing or constructing any such utility by the applicant. 4 Development Permit Process| 35 Zoning By-law 5045| March 14, 2022 No Use, Structure or obstruction shall be permitted within a road right-of-way or other similar City property other than those related to pedestrian and vehicular circulation or Municipal Services or utilities unless otherwise permitted in this By-law or by agreement with the City. In addition to meeting the requirements of this By-law, it is the responsibility of an applicant to obtain all other approvals or licenses that may be required by the City, Territorial and/or Federal departments or agencies. 4.2. Development not requiring a Development Permit A Development Permit is not required for the following Developments provided that the proposed Development complies with the applicable regulations of this By-law: a) maintenance or repair of any Building, providing that there is no increase in the dimensions of the original Building or Structure. This does not include replacement of the Building or Structure; b) pursuant to Section 7.6.1 of this By-law, the construction or maintenance of a Fence not exceeding 0.9 m in Height in Front Yards, and not exceeding 2 m in Height, in Side and Rear Yards; c) a Temporary Building not to be Used for residential purposes, such as a construction trailer, where the sole purpose of the Building is incidental to the construction or alteration of a permanent Building for which a Development Permit has been issued under this By-law, or the Temporary Use of a Building where such Use is normally associated with and incidental to the approved Use of the Building; d) internal alteration to a residential Building as long as the alterations do not result in an increase in the number of Dwelling Units or ; e) additions to an existing single-detached and Duplex Dwelling Unit as long as the alterations do not result in an increase in the number of Dwelling Units, provided that the Use is Permitted and complies with all applicable Height and setback requirements; f) construction or installation of an Accessory Building that does not exceed 75 m2 in area subject to Section 7.13.1 of this By-law, provided the use is permitted and complies with all applicable height and setback requirements; 4 Development Permit Process| 36 Zoning By-law 5045| March 14, 2022 g) maintenance and repair of public works, services or utilities carried out by, or on behalf of, federal, territorial or municipal authorities; h) demolition of a Building or Structure, unless it is a heritage Building protected under Heritage By-law No. 4540, as amended; i) Site Grading of not more than the average of 0.6 m where such works do not affect the Lot and adjacent properties' drainage pattern. This does include clearing, grubbing and stripping of the Lot intended for a proposed new Development; j) construction of a Deck above ground level; k) construction of towers, flagpoles and other poles not exceeding 4.57 m in Height from Grade in any residential Zone; l) installation of electrical power infrastructure pursuant to any franchise agreement in place; m) installation of additional insulation on an existing Building; n) Home Based Businesses functioning exclusively from an internal Office and does not have: i customers on-Site; or ii business related vehicles. o) installation of temporary tents and other Structures for the purpose of cultural, recreational, medical or similar public purposes held on land that the City has tenure; p) gardens where the purpose is to grow fruits, vegetables, herbs and flowers in a private Yard or community garden for personal or community consumption. This does not include the installation or construction of an Accessory Building, Sign or Fence that does not comply with regulations related to Accessory Buildings or Structure in Section 7.13.1, Urban Agriculture in Section 7.13.2, Fences in Section 7.6, and Signs in Section 7.9 of this By-Law; and q) a Permitted Development in the corresponding Zone that meets all of the Development requirements of this By-law may be exempt from the Development Permit processes at the discretion of the Development Officer. 4.3. Legal Non-Conforming Uses, Structures and Lots A non-conforming Use of land or of a Building may be continued but only pursuant to Sections 26, 27, 28 and 29 of the Act. 4 Development Permit Process| 37 Zoning By-law 5045| March 14, 2022 4.4. Application for a Development Permit An application for a Development Permit shall be made to the Development Officer on the prescribed form or through City's online permitting portal and shall be signed by the applicant or their authorized agent. An application for Development Permit shall be made to the Development Officer where it has been determined a change in land Use intensity, in accordance with section 4.1.3 of this By-law, is proposed. In addition to the completed application form or online submission, the following plans, in metric, are required: a) Site plan showing legal description of the Site, Lot Lines with dimensions copied from a legal plan of survey, applicable easement running on the Site, Parking Spaces, Lot Access, Yard and interior setbacks for all existing and proposed Building or Structure, fuel storage, outside water and sewage tanks; b) floor plans, and elevation drawings of the proposed Building including a description of the exterior finishing materials and colours and building Height; c) Grading plan showing drainage gradient, existing and proposed finished Grades at all major corners of the Building and Lot Corners, and periodic Grades around the Site; d) Landscaping plan showing existing and proposed Landscaping in accordance with Section 7.5 of this By-law; e) all required Development Permit application drawing submissions shall be drawn using a computer-aided design, except if Development is a residential Accessory Building; and, f) written confirmation that the proposed Development complies with any easement, covenant, agreement or contract affecting the Site. The Development Officer may also require any of the following: a) drawings which indicate, to the satisfaction of the Development Officer, how the form, mass and character of the proposed Development will relate to neighboring properties or any applicable design guidelines; b) drawings which indicate, to the satisfaction of the Development Officer, how the design, materials and finish of the Principal Façade of the proposed Development will relate to neighboring properties; 4 Development Permit Process| 38 Zoning By-law 5045| March 14, 2022 c) a level one environmental Site assessment, a level two environmental Site assessment, or both, prepared by a qualified professional to determine potential contamination and mitigation; d) a traffic Impact analysis prepared by a qualified professional which shall address, but not be limited to, Impact on adjacent public roadways, pedestrian circulation on and off-Site, vehicular movements circulation on and off-Site, turning radius diagrams for large truck movements on and off-Site, and any other similar information required by the Development Officer; e) written confirmation from the power utility company that services can be provided to the proposed Development in accordance with the Canadian Electrical Code; f) provision for the supply of water, sewer and Street Access, including payment or provision of security of the costs for installing such utility; g) a Site plan indicating existing contours and natural features and specifying any proposed modification of the contours and natural features; h) a report showing the Impact of sound, smoke or airborne emissions; and i) a report showing the effect of wind and sun shadow produced by the proposed Development. No Development Permit for infilling of a Water-Body shall be issued unless the application for a Development Permit is for an approved land Use. Application requesting permission to fill a Water-Body without an identified end Use will not be accepted by the City. 4.5. Development Permit Process The Development Officer may refer an Application for a Development Permit to any City department, external agency or adjacent Landowner for comment and advice. The Development Officer shall notify any adjacent Landowners that they deem may be impacted by any proposed Development. 4 Development Permit Process| 39 Zoning By-law 5045| March 14, 2022 Where an application for Development is a Discretionary Use and/or for a Variance subject to approval of Council, the Development Officer shall notify Landowners and lessees within 30 m, or to a greater circulation area specified by the Development Officer, of the boundary of the land. The notice shall indicate, in writing, the location and nature of the Development proposal, and shall include copies of relevant drawings and a location and date to submit comments. The Development Officer will have due regard to all comments received when making a decision on the application. After 15 calendar days from the date of referral to any City department or external agency, the Development Officer may deal with the application whether or not the responding comments or recommendations have been received. 4.6. Decision Process and Conditions for Development In making a decision on any application under this By-law there must be consideration of the Impacts of development. In making a decision on an application for a Development Permit for a Permitted Use, the Development Officer: a) shall approve, with or without conditions, the application if the proposed Development conforms with this By-law; or b) shall refuse the application if the proposed Development does not conform to this By-law, unless a Variance has been authorized pursuant to Sections 4.8 to 4.10 of this By-law. In making a decision for a Discretionary Use, Council may approve, refuse or defer with or without conditions. In reviewing a request for a Discretionary Use, Council shall have regard to: a) the circumstances and merits of the Discretionary Use, including, but not limited to: i the Impact on properties in the vicinity of such factors as airborne emissions, odors, smoke, traffic and noise, sun shadow and wind effects; 4 Development Permit Process| 40 Zoning By-law 5045| March 14, 2022 ii the appearance and the nature of the Use of the proposed Development, and in particular whether it is compatible with and complementary to the surrounding properties, and iii the treatment provided to Lot considerations including Landscaping, Screening, parking and loading, Open Spaces, lighting and Signs; b) The purpose and intent of the Community Plan and any applicable Area Development Plan adopted by Council; and c) The purpose and intent of any applicable non-statutory plan or policy adopted by Council. Notwithstanding any regulations or requirements of this By-law, Council may establish a more stringent standard for a Discretionary Use when Council deems it necessary to do so. If Council approves a Discretionary Use, the Development Officer shall then approve the Development Permit based on the applicable regulations of this By-law with or without conditions. Subject to this By-law, the Act and any statutory plan approved pursuant to the Act, Council may recommend to the Development Officer conditions it considers appropriate to a Development Permit for a Discretionary Use, including but not limited to the following: a) noise attenuation; b) smoke and odor attenuation; c) special parking provisions; d) location, appearance and character of Building; e) retention of natural terrain and vegetation features; and f) ensuring that the proposed Development is compatible with surrounding land Uses. A Development Permit may be issued on a temporary basis for a period specified by the Development Officer or Council pursuant to Section 7.10 of this By-law. 4 Development Permit Process| 41 Zoning By-law 5045| March 14, 2022 For the purposes of Section 4.6 of this By-law, if a proposed Use of land or Building is not listed as a Permitted or Discretionary Use in this By-law, Council may determine that such a Use is similar in character and purpose to a Use Permitted in that Zone and may allow the Development as a Discretionary Use. An application for a Development Permit shall, at the option of the applicant, be deemed to be refused when the Development Officer does not make a decision within 40 days after receipt of the application in its complete and final form, unless consent to extend the 40 day period is provided by the applicant. 4.7. Development Permit Conditions and Development Agreements As a condition of Development Permit approval, the Development Officer may require that the applicant enter into a Development Agreement with the City, 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 required off-Street parking and loading facilities, v required Landscaping of the Site and any adjoining Site, or vi 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. 4 Development Permit Process| 42 Zoning By-law 5045| March 14, 2022 The Mayor and the City Manager of the Municipal Corporation of the City, or lawful deputy of either of them, are authorized in the name and on behalf of the City to execute all such Development Agreements, and other documents as may be necessary to give effect to this By-law and to affix thereto the corporate seal of the Municipal Corporation of the City as the act and deed thereof, subscribing their names in attestation of such execution. To ensure compliance with a Development Agreement, the City may register a Development Agreement as a caveat against the Lot (Site) being developed, which shall be discharged upon the terms of the agreement being met. 4 Development Permit Process| 43 Zoning By-law 5045| March 14, 2022 4.8. Variance Authority Upon application, the Development Officer may allow a Variance in regard to: Front, Side and Rear Yard Setbacks, Landscaping, parking, Lot Width, Building Height, Lot coverage, and Lot area pursuant to Section 4.9 of this By-law and as long as it does not relate to Site Density. Upon application, Council may consider allowing a Variance for Site Density as it relates to: Lot coverage, Lot area, and Building Height pursuant to Section 4.9 of this By-law. 4.9. Evaluation Criteria for a Variance The following evaluation criteria will be used by the Development Officer or Council to determine if a Variance may be granted: a) the proposed Variance would not result in a development that will: i unduly interfere with the amenities of the neighbourhood; or, ii materially interfere with or affect the Use, enjoyment or value of neighbouring parcels of land. b) the subject Site has irregular Lot Lines or is a size or shape that presents challenges to development; c) the subject Site has Physical Limitations relating to terrain, topography or Grade that may create difficulties in meeting the zoning regulations as prescribed in this By-law; d) the subject Site has natural features such as rock outcrops or vegetation that may create difficulties in meeting the zoning regulations as prescribed in this By-law; e) an error has occurred in the siting of a Structure during construction; f) the proposed Development conforms to the Uses prescribed in this By-law, any applicable Area Development Plan, and the objectives and policies of the Community Plan; or g) the proposed Variance does not infringe on Airport zoning regulations. 4.10. Fees All fees to be charged under this By-law shall be established and set-out in the established fee schedule in the corresponding By-law. The City is not bound to consider an application unless it is accompanied by an application fee. 4 Development Permit Process| 44 Zoning By-law 5045| March 14, 2022 4.11. Notice of Decisions A decision of the Development Officer on an application for a Development Permit, shall be in writing and sent to the applicant. If an application for a Development Permit is refused, the reason for the refusal shall be stated in the decision. A notice of the decision will include a list of public comments received and how they were considered in the decision process. An official of the City shall conspicuously post a notice of decision on the prescribed form, of an approved application for a Development Permit, on the Site for which the application has been approved. A notice of any decision on an application for a Development Permit may be published on the City's website, stating the location of the Site for which the application has been made and the Use approved for the Lot. If a decision is issued for a Permitted Use or Discretionary Use for which a Variance has been granted, the Development Officer shall on or before the date a notice of decision appears on the City's website, send notice of the decision by regular mail to all adjacent Property/Landowners or lessees of the land wholly or partially located within a distance of 30m, or greater at the discretion of the Development Officer, stating the nature of the Variance and the Development, the legal description and/or municipal address. 4.12. Effective Date and Validity of a Development Permit A Development Permit issued does not come into effect until the day after the 14 calendar day appeal period is complete pursuant to Section 61 (4) of the Act. If the Development authorized by an approved Development Permit is not commenced within 12 months from the date of its issue, or the applicant has not obtained an approved Building Permit within 12 months from the date of its issue, the Development Permit shall be deemed to be no longer in effect, unless the applicant advises the Development Officer that an extension is required. In such a case, the Development Officer may grant an extension of up to six months. 4 Development Permit Process| 45 Zoning By-law 5045| March 14, 2022 If a Development Permit has been refused, either by the Development Officer, Council or the Development Appeal Board, the Development Officer will not accept another application for a Development Permit for the same Site, for the same or Similar Use, by the same or any other applicant, during the period of six months after the date of refusal, unless the applicant can demonstrate, to the satisfaction of the Development Officer, that the new application addresses the reasons for the refusal. 4.13. Failure to Complete Development Once a Development is initiated in relationship to an approved Development Permit, the Development Permit remains valid until the work is completed. However if a Development is not completed to a standard acceptable to the Development Officer within two (2) years of the issuance of the Development Permit, or any extension thereof, the Development Permit ceases to be effective and the Development Officer may direct that the Site be returned to its original condition or a state acceptable to the Development Officer. 4.14. Amending a Development Permit An effective Development Permit may be amended by the Development Officer provided that: a) the request complies with all applicable regulations of this By-law; b) the amendment is directly related to the Uses and conditions of the effective Development Permit; c) there is no new Variance required; and d) there is no change in Use. A request to amend an effective Development Permit must be in writing to the Development Officer. All changes that do not meet the criteria set out in Section 4.15.1 above require a new Development Permit, pursuant to Section 4.1 of this By-law. All amendments to effective Development Permits must be provided in writing and sent to the applicant. 4 Development Permit Process| 46 Zoning By-law 5045| March 14, 2022 Should an applicant apply to amend an existing Development Permit, the Development Officer may refer the request for the amendment(s) to be approved by Council. 4.15. Suspending or Revoking of a Development Permit If Development is not being carried out or completed as approved by a Development Permit or other approval issued by the Development Officer, then the Development Officer may suspend or revoke the Development Permit by providing a written order, in accordance with Section 57 (1) of the Act. The Development Officer shall provide a written order, either served personally or sent by registered mail to the Landowner and/or occupant of the Site affected and to any contractor engaged in the work, stating that the Development Permit has been suspended or revoked. A Development Permit issued in error or on the basis of incorrect information contained in the application may be deemed invalid by the Development Officer who may suspend or revoke the Development Permit by providing written notice in accordance with Section 4.16.2 of this By-law. Written order under Section 4.16.2 shall: a) be provided to the Landowner and/or occupant of the Site affected and to any contractor engaged in the work; b) state the grounds on which the Development Permit was suspended or revoked; c) require that any Development or work being undertaken or any unauthorized Use being made of land or of a Structure shall be discontinued on issuance of the notice and shall not resume until a Development Permit for that purpose has been issued or reinstated; d) state the conditions that must be met in order for a suspended Development Permit to be reinstated; and e) advise the right of an appeal to the Development Appeal Board pursuant to Section 63 (1) of the Act. 5 Appeals and Amendments| 47 Zoning By-law 5045| March 14, 2022 5. Appeals and Amendments 5.1. Development Appeal Process A person whose application for a Development Permit is refused, or who is approved for a Development Permit subject to a condition that they consider to be unreasonable, may appeal the refusal or the condition to the Development Appeal Board pursuant to Section 61 of the Act by serving written notice of appeal to the Secretary of the Development of the Appeal Board within 14 days after the day the application for the Development Permit is approved or refused. A person claiming to be affected by a decision of the Development Officer or Council made under this By-law may appeal to the Development Appeal Board pursuant to Section 62 of the Act, by serving written notice of appeal to the Secretary of the Development Appeal Board within 14 days after the day the application for the Development Permit is approved. Filing for an appeal must include the information listed in Section 65 (1) of the Act. Where an appeal is made, a Development Permit shall not come into effect until a decision by the Development Appeal Board has been made to either confirm, reverse or vary the decision of the Development Officer pursuant to Section 69 of the Act. An appeal must be heard by a quorum of the Development Appeal Board, and a quorum shall consist of at least two members and the Chairperson or a Vice- Chairperson. Hearing procedures are as follows: a) the appellant and any other interested party shall, not later than ten days before the day fixed for the hearing of the appeal, file with the Secretary of the Development Appeal Board all maps, plans, drawings and written material that they intend to submit to the Development Appeal Board or use at the hearing; 5 Appeals and Amendments| 48 Zoning By-law 5045| March 14, 2022 b) the Development Officer or Council shall, if required by the Development Appeal Board, transmit to the Secretary of the Development Appeal Board, before the day fixed for the hearing of the appeal, the original or true copies of maps, plans, drawings and written material in its possession relating to the subject matter of the appeal; c) all maps, plans, drawings and written material, or copies thereof, filed or transmitted pursuant to Section 5.1 of this By-law shall, unless otherwise ordered by the Development Appeal Board, be retained by the Development Appeal Board and be part of its permanent records; but, pending the hearing of the appeal, all the material shall be made available for the inspection of any interested person; d) where a member of the Development Appeal Board has a conflict of interest in the matter before the Development Appeal Board, that member is not entitled to participate, deliberate, or vote thereon; e) in determining the decision of an appeal, the Development Appeal Board shall not: i approve Development that is not consistent with the regulations in the Zoning By-law; ii approve Development in a manner that is incompatible with the Community Plan; f) a decision concurred with by a majority of the Development Appeal Board present at the hearing is the decision of the Development Appeal Board; g) the decision of the Development Appeal Board shall be based on the facts and merits of the case and shall be in the form of a written decision. The decision shall include a summary of all representations made at the hearing and setting forth the reasons for the decision. Decisions may be signed by the chair, acting chair or vice-chair; h) the Secretary shall issue, within 60 days of the conclusion of the hearing, the decision to all parties of the hearing; and i) a decision of the Development Appeal Board is final and binding on all parties and there is no right to appeal from the decision of the Development Appeal Board, pursuant to Section 70 of the Act. 5 Appeals and Amendments| 49 Zoning By-law 5045| March 14, 2022 5.2. By-law Amendments Any person applying to have this By-law amended shall apply in writing on the prescribed form. The Development Officer may request additional information or studies to support or justify the proposed amendment. If a peer review of technical studies is required, the applicant will be responsible for any additional costs related to the third party peer review. Notwithstanding anything contained in Section 5.2 of this By-law, a proposed amendment which has been rejected by Council within the previous 12 months shall not be reconsidered unless Council otherwise directs by resolution. A person making an application to the Development Officer for an amendment to this By-law shall pay the City an application fee. The City is not bound to consider an application unless an application fee accompanies it. An amendment to this By-law shall be consistent with any existing or proposed Community Plan, Area Development Plan, and any Council approved plans or policies that affects or will affect the land. 6 Compliance| 50 Zoning By-law 5045| March 14, 2022 6. Compliance 6.1. Contraventions and Enforcement Order Where a Development or Use of land, Building or Structure is not in accordance with this By-law, a Development Officer may, by written order either served personally or sent by registered mail to the Landowner or person alleged to be responsible for the contravention, require the removal, demolition or alteration of the Structure, the filling in of the excavation, the restoration of the contours and natural features of the Lot, or the cessation of the work or the Use to which the land, Building or Structure is being put, as the case may be. The order referred to in Section 6.1.1 of this By-law, shall be in keeping with Section 57 (2) of the Act. Where the Landowner or person alleged to be responsible for the contravention, to whom the order is given fails to comply with the requirements of the order, the City may apply to the Supreme Court for an order to compel them to comply with the original order pursuant to Section 58 of the Act. Any expenses incurred as a result of the order of the Supreme Court, as referenced in Section 6.1.3 of this By-law, may be recovered pursuant to Section 60 of the Act. 6.2. Right of Entry For the purpose of entering and inspecting any land, Building or Structure, as described in Section 54 of the Act, the Development Officer and any other authorized officer of the City may enter any land, Building or Structure without a warrant or notice. This does not apply inside a Dwelling Unit(s). 6 Compliance| 51 Zoning By-law 5045| March 14, 2022 6.3. Penalties Any person who: a) undertakes or allows Development without a Development Permit or other approval from the Development Officer; b) fails to comply with conditions of a Development Permit; c) fails to comply with any notice or order issued under this By-law; or d) fails to comply with any decision, of the Development Appeal Board, in accordance with this By-law, is guilty of an offence and is liable on summary conviction to a fine. A person who contravenes Section 6.3.1 of this By-law, and is liable on summary of 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 offense continues; and b) in the case of an individual, i to a fine not exceeding $5,000 and to a further fine not exceeding $1,000 each day or part of a day during which the offence continues, or ii to imprisonment for a term not exceeding six months in default of payment of the fine. A duly appointed officer of the City may issue a Summary Offence Ticket Information in the form prescribed by the Summary Conviction Procedures Act and Regulations NWT Reg (NU) 014-92, to any person who violates any provision of this By-law and such person may, in lieu of prosecution, pay the City the voluntary penalty set out in Section 6.3.2 of this By-law for the offence, prior to the court date specified on the ticket. Any violation of the By-law is a continuing offence and separate offence for each day the offence continues, and the penalties provided for in this By-law shall apply for each day the offence continues. Notwithstanding Section 6 of this By-law, the City may choose at any time to exercise its rights to enforce any provision of this By-law with a court order pursuant to Section 58 of the Act, or may rely upon any other remedies available to it at law to compel compliance with this By-law. 6 Compliance| 52 Zoning By-law 5045| March 14, 2022 The conviction of a person under Section 6.3 of this By-law does not operate as a bar to further prosecution for an offence in respect of the same matter committed or continued by the person after the conviction. 7 General Development Regulations Applicable to all Zones| 53 Zoning By-law 5045| March 14, 2022 7. General Development Regulations Applicable to all Zones 7.1. Site Planning Considerations Upon receipt of a Development Permit application, the Development Officer shall review the Site plan in consideration of the following: Proposed Developments provide pedestrian Access points to public roadways, public transit and any adjoining trails and Open Space areas. Proposed Development shall incorporate proper Lot surface drainage so that the removal of surface waters will not adversely affect adjacent properties or the public storm drainage system, to the satisfaction of the Development Officer. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create standing water in the paved areas or walkways. Approved surface drainage shall be maintained for the life of the Development. Outdoor lighting is sufficient to provide for safety, security, display or attraction for any Development and shall be arranged so that no direct rays of light are projected to adjacent properties or interfere with the effectiveness of any traffic control device. Lot shall be accessible by fire, police or other emergency personnel and equipment. Lot shall be accessible for the provision of Municipal Services. Building orientation to develop wind blocks and improve the pedestrian experience. Development adequately responds to winter conditions and does not Impact snow clearing or storage capabilities. 7 General Development Regulations Applicable to all Zones| 54 Zoning By-law 5045| March 14, 2022 Any proposed Development, Subdivision, or lease of any Lot on, adjacent, or near a Water-Body shall be designed and constructed so as to prevent any discharge or drainage of any contaminant, excrement, refuse, toxic or deleterious substance into the Water-Body. For the purposes of this clause the definitions of the terms "contaminant", "discharge", and "substance" shall be the same as the definitions in the Environmental Protection Act, R.S.N.W.T. 1988. C.E-7 as amended and requirements of the Fisheries Act, R.S.C., 1985, c.F-14. It is the responsibility of the applicant to obtain all licences or permits required by the City, Federal or Territorial governments or agencies. Redevelopment of Brownfield Sites may be considered where an environmental assessment has been conducted by a qualified professional and any recommended remediation is completed. Development practices that minimize greenhouse gas emissions and contribute towards more sustainable, healthier and economically strong community. This may include prohibiting the Use of land or constructing Buildings and Structures within areas that are known hazard lands and areas prone to flooding. Prohibiting Development in natural areas and hazard lands promotes ecological services that address Climate Change. 7.2. Cultural Protection The City is located within the Chief Drygeese territory. The Yellowknives Dene First Nation and other Indigenous groups historically used the landscape for cultural and traditional activities. There may be undocumented significant traditional/historical burial sites, historical settlement areas, or other archeological resources within the City boundary. In the wake of the destructive legacies of colonization and its Impact on Indigenous peoples, there is a growing awareness of the importance of honouring, respecting, coexisting, and relationship building with Indigenous peoples. To honour this commitment to recognition and reconciliation, the following considerations will be given to land and Development within the City's municipal boundaries: 7 General Development Regulations Applicable to all Zones| 55 Zoning By-law 5045| March 14, 2022 The Yellowknives Dene First Nation will be consulted on any change in zoning from GM - Growth Management or SMR - Special Management Reserve to any other Zone. An archeological assessment may be required as a condition to a Development Permit if the Yellowknives Dene First Nation, or other applicable Indigenous organizations, have indicated there is potential that a traditional/historical burial site, historical settlement area, or other archeological resources exists within the proposed Development Site. No person shall excavate, alter or otherwise disturb a traditional/historical burial site, historical settlement area, or other archeological resources in any Zone, without prior consent from: i the regulatory authority for archeological sites in the Northwest Territories; or ii notification and confirmation from the Yellowknives Dene First Nation, or other applicable Indigenous organizations, that there are no concerns with the Development. 7.3. Grade The proposed finished Grade shall be designed following the Subdivision's general Grading plan. In the absence of a Subdivision Grading plan, the proposed finish Grade shall, to the extent practical, retain the natural contour of the land, minimize the Use of retaining walls, and ensure positive drainage to appropriate receiving Watercourses or municipal storm water systems. The proposed Grade for storm water Grading must follow the design standards in the City's Development Standards. 7 General Development Regulations Applicable to all Zones| 56 Zoning By-law 5045| March 14, 2022 7.4. Vehicular Access and On-Site Traffic Vehicular Access to and from public roadways must adhere to the following criteria: a) at Street intersections, driveways shall be setback from the Lot boundaries, which form the intersection, a distance which is considered appropriate by the Development Officer to ensure the safe and efficient vehicle movement; b) driveways shall be separated by a distance which is considered appropriate by the Development Officer to ensure the safe and efficient movement of existing or planned traffic volumes; c) driveway Access to Streets and lanes must demonstrate, to the satisfaction of the Development officer, the safe and efficient movement of existing or planned traffic; and d) driveways and on-Site parking shall have positive surface drainage to the roadway and the Grade of drive-way and on-Site parking shall not exceed 8%. 7.5. General Landscaping Regulations Landscaped areas shall be provided pursuant with the Zone regulations set out in Section 7.5.3 of this By-law, and following the City's Development Standards. Developments shall consider the following general regulations: a) any part of a Lot which is not occupied by existing natural areas, Buildings, Structures, easements, Parking Areas, Loading Spaces, driveways, excavations or permitted Outdoor Storage areas shall be maintained as Landscaped area; b) all Landscaped areas shall be designed to facilitate effective surface drainage; c) A minimum of one (1) tree and two (2) shrubs or a combination thereof for every 25 m2 of the Site. Trees and shrubs can be clustered together to improve survivability; d) planted vegetation shall be capable of healthy growth in Yellowknife, grown from a northern stock, and with certification that the plants are grown north of 54 degrees latitude. The Development Officer may also require compliance of planted vegetation with the Canadian Standards for Nursery Stock; e) applicants are encouraged to incorporate natural terrain, and topographic features into the design of Site plans and Building orientation; 7 General Development Regulations Applicable to all Zones| 57 Zoning By-law 5045| March 14, 2022 f) the quality and extent of the Landscaping established on a Lot at time of Development shall be maintained on the Lot for the lifespan of the Development; g) except as otherwise specifically provided herein, no part of any required Front Yard or exterior side Yard shall be Used for any purpose other than Landscaped area or Urban Agriculture; h) Decks may be considered as part of the required Landscape area, but shall not exceed 25% of the required Landscape area; i) where a Landscaped area of any kind, including a planting strip, is required adjacent to any Lot Line or elsewhere on a Lot, nothing in this By-law shall apply to prevent the area from being developed for pedestrian walkways or permitted driveways; j) no part of any driveway, Parking Area, Loading Space, roof-top terrace, balcony or space enclosed within a Building shall be considered part of the Landscaped area on a Lot; and k) where existing trees with a minimum of 2.5 m in height are retained on-Site they may be Used to count double towards meeting the tree requirements of Section 7.5 of this By-law. Screening in Non-Residential Zones: a) Developments abutting a road or a laneway, or adjacent to a residential Zone shall provide a Landscape screen 2 m wide; and b) Screening with a minimum Height 2 m is to be installed where commercial Development will abut residential Development. 7 General Development Regulations Applicable to all Zones| 58 Zoning By-law 5045| March 14, 2022 Landscaping Regulations Table 7-1: Landscaping Regulations for Residential amended by By-law No. 5095 October 28, 2024 Table 7-1: Landscaping Regulations for Residential Zones (Residential) Landscaped Area (Minimum) R1 i. A minimum 100% of the minimum Front Yard area shall be Landscaped. ii. Required Landscape areas must be covered with either seed/sod, mulch beds, paving stones, walkways, Amenity Spaces, raised planters or other Landscaping materials. iii. Retention and preservation of existing natural vegetation and bedrock is encouraged. R2 i. A minimum 100% of the Residual Area shall be Landscaped. ii. Required Landscape areas must be covered with either seed/sod, mulch beds, paving stones, walkways, Amenity Spaces, raised planters or other Landscaping materials. iii. Retention and preservation of existing natural vegetation and bedrock is encouraged. RC i. A minimum 100% of the Residual Area shall be Landscaped. ii. Required Landscape areas must be covered with either seed/sod, mulch beds, paving stones, walkways, Amenity Spaces, raised planters or other Landscaping materials. iii. Retention and preservation of existing natural vegetation and bedrock is encouraged. RE i. A minimum of 100% of the Front Yard shall be Landscaped. ii. Required Landscape areas must be covered with either natural rock outcrop, seed/sod, mulch beds, paving stones, walkways, Amenity Spaces, raised planters or another Landscaping materials. iii. Any portion of a Lot not occupied by Buildings or parking and vehicular circulation areas that is maintained in its natural state will be considered contributing to the Landscaping requirements. RI/RI-1 i. 100% of the minimum Front Yard shall be landscaped. ii. A minimum 2 m-wide landscape buffer is required when Multi-Unit or Townhouse Dwellings are adjacent to Single Detached Dwellings. iii. Required Landscape areas must be covered with either natural rock outcrop, natural vegetation, seed/sod, mulch beds, paving stones, walkways, Amenity Spaces, raised planters or another Landscaping materials. 7 General Development Regulations Applicable to all Zones| 59 Zoning By-law 5045| March 14, 2022 Zones (Residential) Landscaped Area (Minimum) iv. Any portion of a Lot not occupied by Buildings or parking and vehicular circulation areas that is maintained in its natural state will be considered contributing to the Landscaping requirements. 7 General Development Regulations Applicable to all Zones| 60 Zoning By-law 5045| March 14, 2022 Table 7-2: Landscaping Regulations for Non-Residential Zones (Non- Residential) Landscaped Area (Minimum) CS- Commercial Service i. A minimum of 40% of the minimum front Yard area shall be Landscaped. ii. Any portion of a Lot not occupied by Buildings or parking and vehicular circulation areas that is maintained in its natural state will be considered contributing to the Landscaping requirements. iii. Where the required Landscaping is not viable on the proposed Site, the placement of potted plants, public art, specialty lighting or other items that can be located facing public roadways may considered. DT - Downtown i. A minimum of 10% of the Residual Area shall be Landscaped. ii. Where the required Landscaping is not viable on the proposed Site, the placement of potted plants public art, specialty lighting or or other items that can be located facing public roadways may considered. OM- Old Town Mixed Use i. A minimum of 40% of the minimum Front Yard area shall be Landscaped. ii. Any portion of a Lot not occupied by Buildings or parking and vehicular circulation areas that is maintained in its natural state will be considered contributing to the Landscaping requirements. iii. Where the required Landscaping is not viable on the proposed Site, the placement of potted plants, public art, specialty lighting or other items that can be located facing public roadways may considered. IG -Industrial, General i. A minimum of 40% of the minimum Front Yard Setback shall be Landscaped. ii. Retention and preservation of existing natural vegetation and bedrock as the primary method of Landscape buffering is encouraged. iii. Any natural vegetation or bedrock contained and retained within the minimum front side or Rear Yard will be considered as contributing to the landscaping requirements. iv. Alternative methods of landscape that achieve similar Site enhancement, may be considered. KL - Kam Lake i. A minimum of 40% of the minimum Front Yard Setback shall be Landscaped. ii. Retention and preservation of existing natural vegetation and bedrock as the primary method of Landscape buffering is encouraged. iii. Any natural vegetation or bedrock contained within the minimum front side or Rear Yard Setbacks is considered Landscaping. iv. Alternative methods of Landscaping, that achieve similar Site enhancement, may be considered. 7 General Development Regulations Applicable to all Zones| 61 Zoning By-law 5045| March 14, 2022 Zones (Non- Residential) Landscaped Area (Minimum) KLS 1 - Kam Lake South One i. A minimum of 40% of the minimum Front Yard Setback shall be Landscaped. ii. Any natural vegetation or bedrock contained and retained within the minimum front side or Rear Yard Setbacks will be considered as contributing to the Landscaping requirements. iii. Alternative methods of Landscaping, that achieve similar Site enhancement, may be considered. KLS 2 - Kam Lake South Two i. A minimum of 40% of the minimum Front Yard Setback shall be Landscaped and any Side Yard area adjacent to a public roadway. ii. Any natural vegetation or bedrock contained and retained within the minimum front side or Rear Yard Setbacks will be considered as contributing to the Landscaping requirements. iii. Alternative methods of Landscaping, that achieve similar Site enhancement, may be considered. PS- Public Service i. 100% of the Residual Area shall be Landscaped with surface coverage which could be grass/sod, mulch or other natural materials. All other Zones i. A minimum of 10%, or more of the Lot, shall be Landscaped. Landscape Plan Requirements a) Where a Landscape area less than 500 m2 is required the applicant may incorporate Landscaping on the Site plan, required pursuant to Section 7.5.3 of this By-law. b) Where a Landscape area is 500 m2 or greater is required, a detailed Landscape plan prepared by a landscape architect or landscape technologist shall be submitted with the application for Development in compliance with the Landscaping regulations specified in this By-law, which shall include the lands proposed for Development as well as municipal reserves. c) The detailed Landscape plan (or Site plan) shall be prepared in accordance with the City's Development Standards. 7 General Development Regulations Applicable to all Zones| 62 Zoning By-law 5045| March 14, 2022 Security for Landscaping a) Where a Landscape area is 500 m2 or greater in area, in addition to requirements in Section 7.5.4 (b) of this By-law, the Development Officer shall require submission of a security to ensure completion of Landscaping. b) Security for Landscaping will be required, in a form satisfactory to the Development Officer, in an amount equal to 100% of the estimated cost of the required Landscaping on the Lot as estimated by an appropriate trade professional. Security for Landscaping will be released once an inspection of the Lot demonstrates that the Landscaping has been completed in accordance with the approved plan, and is well maintained and is in a healthy condition two growing seasons after the completion of the Landscaping. This is in addition to any other deposits required, including Hard Surfacing. Completion of Landscaping a) In the event that seasonal conditions prohibit the completion of Landscaping, the applicant shall be required to complete all Landscaping by September 30 of the following growing season. 7.6. Fences In residential Zones the following regulations apply: a) maximum Height of a Fence measured from Grade, on whichever side of the Fence the ground level is higher, shall be: i 2 m for that portion of the Fence which does not extend beyond the front portion of the Principal Building on the Lot; ii 0.9 m for that portion of the Fence which extends beyond the front portion of the Principal Building on the Lots; and iii In the case of Corner Lots, 0.75 m within the triangular area 7.5 m back of the intersecting front Lot Lines, regardless of whether a corner cut has been taken. 7 General Development Regulations Applicable to all Zones| 63 Zoning By-law 5045| March 14, 2022 In non- residential Zones the following regulations apply: a) 2 m for that portion of the Fence which does not extend beyond the front portion of the Principal Building on the Lot; b) the Development Officer may approve, upon application for a Development Permit, a higher Fence, or a Fence with barbed wire or other security features for public safety, security, Screening or buffering reasons; and c) where terrain contours vary significantly over the length of a Fence, the Development Officer may permit sections of a Fence to exceed the maximum allowable Height, but the Height of the Fence shall follow the general contour of the Lot along the length of the Fence. 7 General Development Regulations Applicable to all Zones| 64 Zoning By-law 5045| March 14, 2022 7.7. Sight Visibility Triangle Vision at an intersection between 0.75 m and 3 m above the Grade of a Street or lane shall not be obstructed with Fences or Landscaping within the area described as the sight visibility triangle. The sight visibility triangle is a triangular area formed on a Corner Lot by the two Lot Lines and a straight line which intersects them at 7.5 m from the corner where they meet as illustrated in the diagram. No Sign, other than a traffic Sign, shall be located within a sight visibility triangle as described in Section 7.7.1 of this By-law, unless otherwise approved by the Development Officer. 7 General Development Regulations Applicable to all Zones| 65 Zoning By-law 5045| March 14, 2022 7.8. Parking General Regulations a) Application of Parking Space requirements: i Off-Street Parking Spaces must be provided for each Use based on the parking standard areas outlined in Section 7.8.4 (b) of this By-law. b) Emergency and service vehicle Access shall be provided. c) Where this By-law requires the provision of parking facilities, no lands shall be Used and no Building shall be Used or constructed in any Zone unless there are provided and maintained facilities for parking in accordance with the following regulations and parking standard areas, unless otherwise specifically provided for in this By-law. d) Every off-Street Parking Space provided or required in any commercial or residential Zone and the corresponding Access, including the whole area contained within the municipal land required for access, shall be hard-surfaced if the number of Parking Spaces exceeds two and if the corresponding Access is from a Street or land which is hard-surfaced. e) There are two types of Parking Spaces, "Type A" which are accessible Parking Spaces and "Type B" which are standard Parking Spaces. Reference the City's Development Standards for Parking Space dimensions. Interpretation a) Unless otherwise specified, "parking" in Section 7.8 of this By-law applies to automobile parking and bicycle parking. b) Application of Parking Space requirements in parking standard areas: i a Lot within a parking standard area shall provide Parking Space requirements for Uses in that parking standard area; and, ii access requirements for a Parking Space in accordance with this By-Law shall not apply to Parking Spaces Used, or intended to be Used, primarily for the storage or parking of vehicles for display, sale, hire or gain. 7 General Development Regulations Applicable to all Zones| 66 Zoning By-law 5045| March 14, 2022 c) Calculation of Parking Space Requirements: i should the calculation of the number of required Parking Spaces result in a number that is a fraction, the number is rounded down to the nearest whole number, but there may not be less than one Parking Space unless otherwise specified. Off-Street Required Parking and Parking for Addition to Existing Use a) Where a Building or Structure has insufficient Parking Spaces on the date this By-Law comes into effect, it shall not be required to make up the deficiency. However, if a Building or Structure addition or a Change of Use is proposed, the Parking Space requirements in Section 7.8.4(b) of this By-Law apply. Parking Standard Areas a) The City is divided into parking standard areas. The limit and location of parking standard areas 1 to 3 are as shown on Schedule 2 - Parking Standard Areas Map to this By-Law. b) Parking standard areas Table 7-3: Minimum Parking Space Requirements amended by By-law No. 5095 October 28, 2024 Table 7-3: Minimum Parking Space Requirements Use Minimum Parking Requirement (All Other Areas) Parking Standard Area 1 (Downtown) Parking Standard Area 2 (Residential Central) Parking Standard Area 3 (Old Town) Animal Services (Kennels, grooming services and others) 1 per 100 m2 of Gross Floor Area No minimum parking required 1 per 100 m2 of Gross Floor Area 1 per 100 m2 of Gross Floor Area Auditoriums including theatres, convention centre and public assembly auditoriums 1 per 3.5 seats No minimum parking required 1 per 4 seats 1 per 10 seats 7 General Development Regulations Applicable to all Zones| 67 Zoning By-law 5045| March 14, 2022 Use Minimum Parking Requirement (All Other Areas) Parking Standard Area 1 (Downtown) Parking Standard Area 2 (Residential Central) Parking Standard Area 3 (Old Town) Automobile Repair 3 per 100 m2 of Gross Floor Area Not applicable Not applicable 2 per 100 m2 of Gross Floor Area Automobile Sales or Rental 3 per 100 m2 of Gross Floor Area Not applicable 2 per 100 m2 of Gross Floor Area 1 per 100 m2 of Gross Floor Area Automobile Service Station 4 per 100 m2 of Gross Floor Area Not applicable 3 per 100 m2 of Gross Floor Area 3 per 100 m2 of Gross Floor Area Campground 1 per camp site Not applicable Not applicable Not applicable Commercial Retail Sales and Services 1 per 100 m2 of Gross Floor Area No minimum parking required 1 per 100 m2 of Gross Floor Area 0.5 per 100 m2 of Gross Floor Area Day Care Facility and Community Resource Centre 1 per 8 user No minimum parking required 1 per 8 user 1 per 8 user Food and Beverage Services No Parking Space is required where the Gross Floor Area Used for eating establishments in a Building is less than 200 m2; and 2 per 100 m2 of Gross Floor Area No minimum parking required No Parking Space is required where the Gross Floor Area Used for eating establishments in a Building is less than 200 m2; and 1.5 per 100 m2 of Gross Floor Area No Parking Space is required where the Gross Floor Area Used for eating establishments in a Building is less than 200 m2; and 1 per 100 m2 of Gross Floor Area 7 General Development Regulations Applicable to all Zones| 68 Zoning By-law 5045| March 14, 2022 Use Minimum Parking Requirement (All Other Areas) Parking Standard Area 1 (Downtown) Parking Standard Area 2 (Residential Central) Parking Standard Area 3 (Old Town) Education Institutions Preschools to High Schools - 2 per 100 m2 of Gross Floor Area Higher education, colleges, business and technical schools - 2 per 100 m2 of Gross Floor Area No minimum parking required Preschools to High Schools - 1.5 per 100 m2 of Gross Floor Area Higher education, colleges, business and technical schools - 2 per 100 m2 of Gross Floor Area Higher education, colleges, business and technical schools - 1.5 per 100 m2 of Gross Floor Area Funeral Home 5 per 100 m2 of Gross Floor Area Not applicable 4 per 100 m2 of Gross Floor Area Not applicable Hospitals 1 per 100 m2 of Gross Floor Area Not applicable Not applicable Not applicable Hotel, Motel, and Short-Term Rental Accommodation Hotel - 1 per 2 guest rooms Motel - 1 per guest room Short-Term Rental Accommodation - no additional parking required No minimum parking required Hotel - 1 per 2 guest rooms Motel - 1 per 1 guest room Short-Term Rental Accommodation - no additional parking required Hotel - 1 per 3 guest rooms Motel - 1 per 1 guest room Short-Term Rental Accommodatio n - no additional parking required 7 General Development Regulations Applicable to all Zones| 69 Zoning By-law 5045| March 14, 2022 Use Minimum Parking Requirement (All Other Areas) Parking Standard Area 1 (Downtown) Parking Standard Area 2 (Residential Central) Parking Standard Area 3 (Old Town) Industrial 5 per 100 m2 of Gross Floor Area plus 1 additional space for each subsequent 500 m2, whichever is the greater requirement. Not applicable Not applicable 3 per 100 m2 of Gross Floor Area 1 additional space for each subsequent 500 m2, whichever is the greater requirement. Libraries and Museums 1 per 100 m2 of Gross Floor Area No minimum parking required 1 per 200 m2 of Gross Floor Area 1 per 200 m2 of Gross Floor Area Medical and Health Services /Laboratory 3 per 100 m2 of Gross Floor Area No minimum parking required. 2 per 100 m2 of Gross Floor Area 2 per 100 m2 of Gross Floor Area Office 3 per 100 m2 of Gross Floor Area No minimum parking required. 2 per 100 m2 of Gross Floor Area 2 per 100 m2 of Gross Floor Area Recreation Facility - Public 3 per 100 m2 of Gross Floor Area No minimum parking required. 2 per 100 m2 of Gross Floor Area 2 per 100 m2 of Gross Floor Area Recreation Facilities - Private (Gymnasiums, private clubs and others) 3 per 100 m2 of Gross Floor Area No minimum parking required. 2 per 100 m2 of Gross Floor Area 2 per 100 m2 of Gross Floor Area Religious Institutions 1 per 10 person capacity No minimum parking required. 1 per 15 person capacity 1 per 15 person capacity 7 General Development Regulations Applicable to all Zones| 70 Zoning By-law 5045| March 14, 2022 Use Minimum Parking Requirement (All Other Areas) Parking Standard Area 1 (Downtown) Parking Standard Area 2 (Residential Central / Residential Intensification) Parking Standard Area 3 (Old Town) Residential Single Detached Dwelling - 1 per Dwelling Unit. Duplex Dwelling - 1 per Dwelling Unit. Townhouse Dwelling - 1 per Dwelling Unit. Multi-Unit Dwelling (9 units or less) - 1 per Dwelling Unit and no more than 2 per Dwelling Unit. Multi-Unit Dwelling (10 units or more) - 0.8 per Dwelling Unit and no more than 2 per Dwelling Unit. Factory-Built Dwelling - 1 per Dwelling Unit and no more than 2 per Dwelling Unit. No minimum parking required. Single Detached Dwelling - 1 per Dwelling Unit. Duplex Dwelling - 1 per Dwelling Unit. Townhouse Dwelling - 1 per Dwelling Unit. Multi-Unit Dwelling -No more than 1 per Dwelling Unit. Factory-Built Dwelling - 1 per Dwelling Unit and no more than 2 per Dwelling Unit. Single Detached Dwelling - 1 per Dwelling Unit. Duplex Dwelling - 1 per Dwelling Unit. Townhouse Dwelling - 1 per Dwelling Unit. Multi-Unit Dwelling (9 units or less) - 1 per Dwelling unit and no more than 2 per Dwelling Unit. Multi-Unit Dwelling (10 units or more) - 0.8 per Dwelling Unit and no more than 2 per Dwelling Unit. Factory-Built Dwelling - 1 per Dwelling Unit and no more than 2 per Dwelling Unit. 7 General Development Regulations Applicable to all Zones| 71 Zoning By-law 5045| March 14, 2022 Use Minimum Parking Requirement (All Other Areas) Parking Standard Area 1 (Downtown) Parking Standard Area 2 (Residential Central) Parking Standard Area 3 (Old Town) Residential - Special Special Care Residence - 1 per 5 Dwelling Units. Special Care Facility - 2 per 100 m2 of Gross Floor Area No minimum parking required. Special Care Residence- 1 per 5 Dwelling Units. Special Care Facility - 2 per 100 m2 of Gross Floor Area Not applicable Notwithstanding the requirements of this section, off-Street parking for Uses not specifically addressed shall be determined by the Development Officer who shall have due regard to the amenities of the Zone, similar types of Uses, and the proposed Development. Accessible Parking Space Requirements a) A minimum of 1 Type "A" Parking Space shall be provided for every 20 Parking Spaces; and b) A minimum of 10% of the required Parking Spaces for a Medical and Health/Laboratory Services and Office Uses shall be provided as Type "A" Parking Spaces. Large Commercial Vehicles (Tourism Buses) a) For some proposed Developments, anticipated vehicle Use will require parking for large commercial vehicles such as tour buses or vans. In these circumstances, additional parking requirements will be at the discretion of the Development Officer. 7 General Development Regulations Applicable to all Zones| 72 Zoning By-law 5045| March 14, 2022 Location of Parking Areas a) With the exception of the DT, OT, and CS Zones, all required Parking Spaces shall be provided on the same Site occupied by the Building, Structure or Use for which such Parking Spaces are required. b) Within the OT and CS zones, the required Parking Spaces may be supplied within 150m of the main pedestrian Access of the Building, Structure or Use for which the Parking Spaces are required, provided the Landowner enters into a parking agreement with the City and registered against the title of both the main Site and the Site on which the Parking Area is located. The parking Use of the off-Site area shall maintain its purpose for as long as it is required under the parking agreement. c) Parking facilities shall be designed and located to minimize any disruption to the continuity of the pedestrian system of sidewalks and on-Site pedestrian spaces. d) Where Parking Spaces are located with Access directly off a lane, the required width of the maneuvering aisle may be reduced by the width of the lane, but the entire Parking Space must be provided on-Site. e) Surface Parking Areas and freestanding Parking Structures are not permitted as the Principal Use on Lots which abut the following road right-of-ways: i Franklin Avenue ii Old Airport Road Parking Structures a) Where a Parking Area located in a Structure is Accessory to a Permitted Use on a Lot, then such Structure shall not be considered an Accessory Building and shall conform to all the regulations for the Zone as a main Building. b) Where a controlled entrance is used to access Parking Structures, adequate queuing space on-Site shall be provided to avoid traffic spilling onto the road right-of-way. 7 General Development Regulations Applicable to all Zones| 73 Zoning By-law 5045| March 14, 2022 Shared Parking a) For multiple Use Development, the off-Street parking requirement, including off-Street Loading Spaces, shall be the sum of the requirements of the Uses calculated separately unless the applicant can demonstrate that there is a reduction in the total requirement. b) For unrelated Developments where each creates a demand for parking and where the timing of each individual parking demand is not coincidental with each other and the demand for parking is obviously staggered, the accumulative total parking requirement for the Developments involved may be reduced by the Development Officer. A parking agreement between the Landowners of the subject Developments and the City may be required and this agreement shall be registered against the subject properties. c) In consideration of a request for a reduction in the total parking requirement, the Development Officer may consider the following criteria: i that the Uses which are proposed to share parking facilities are located in proximity to one another and, if on separate Sites, are no more than a combined distance of 150 m from the parking facilities; ii that the hours of operation and parking demand, or the Uses which are proposed to share Parking Spaces, are sufficiently different so as to not require the Use of Parking Spaces at the same time; and iii that the Uses which are proposed to share Parking Spaces are expected to remain in place and the sharing of Parking Spaces can be expected to continue for the foreseeable future. Car Sharing a) In all Zones for residential or mixed-Use Developments, the parking requirement may be met through a Car Sharing Service where: i one Car Share Vehicle shall be provided per ten residential units in the Parking Standard Area 2; and ii one Car Share Vehicle shall be provided per 6 residential units in the Parking Standard Area 3 and all other Zones. 7 General Development Regulations Applicable to all Zones| 74 Zoning By-law 5045| March 14, 2022 b) When parking is provided through a Car Sharing Service, the Landowner shall covenant with the City by an agreement registered against the title that both the Car Share Parking Space and Car Share Vehicle/Service shall be maintained for the life of the Development or until an alternative parking arrangement is approved pursuant to this By-law. Cash in lieu of Parking a) In parking standard area 2 and 3, should the required Parking Spaces not be accommodated on a Site due to space limitations, cash in lieu of parking may be substituted provided that: i at least one on-Site loading area, if required, is provided on-Site except for existing Buildings where, in the opinion of the Development Officer, there is no opportunity to provide a loading area on-Site; ii the amount paid shall be equal to the value of the land and construction costs (including paving) for providing an equivalent amount of parking on the affected Site on the basis of 31 m2 per parking stall (this being an average area of a typical parking stall and maneuvering space); iii where new Buildings are proposed, cash in lieu of parking shall not replace more than 50% of the required parking; iv where, because of a new Development Permit, an existing Building is subject to a requirement for parking, cash in lieu of parking shall not replace more than 50% of the required parking; v all costs incurred by the City in establishing the value of the parking to be provided by cash in lieu of parking shall be the responsibility of the applicant and no Development Permit may be issued until the City is fully reimbursed for those costs; and vi Approval must be granted by the Development Officer. Off-Street Loading Space Requirements a) All Uses except residential Buildings with fewer than 15 Dwelling Units shall have at least one off-Street Loading Space with the minimum of one space for each loading door. 7 General Development Regulations Applicable to all Zones| 75 Zoning By-law 5045| March 14, 2022 b) Off-Street Loading Spaces shall have minimum dimensions of 3 m by 9 m and a minimum vertical clearance of 4.2 m, but if the Loading Space is to be employed by tractor trailers, then the minimum dimensions are enlarged to a minimum 3 m by 16 m, with at least 4.2 m of vertical clearance. c) Whenever possible Access to a Loading Space shall be from a lane, and the Access shall be arranged to prevent backing or turning movements of vehicles going to or from the Site, from causing interference with traffic on the adjoining or abutting Streets or lanes. Bicycle Parking Requirements a) Where any Development is proposed, including new Development, Change of Use of existing Development, or enlargement of existing Development, off- Street bicycle parking shall be provided by the applicant in accordance with the requirements of this By-law. b) Minimums for bicycle parking: i Multi-Unit Dwelling - 1 space per 2 units; ii Special Care Residence, Hotels and Motels - 1 space per 3 rooms; iii Industrial Use - no bike spaces required; and iv All other Uses, excluding Single Detached, Duplex, In-Home Secondary, Detached, Detached Secondary, Factory-Built, and Townhouse Dwellings - 1 bike space per 140 m2 of Gross Floor Area. c) Should the calculation of the number of required bicycle Parking Spaces result in a number that is a fraction, the number is rounded up to the nearest whole number. d) Location of bicycle parking: i required bicycle parking shall be provided wholly on the same Site as the Building; ii bicycle parking should be located near the main entrance, in sight of windows, near well-Used pedestrian routes, and unscreened by vegetation; iii bicycle parking shall not be placed so that it blocks the entrance, loading or fire lanes, or inhibit pedestrian flow in or out of the Building; and iv bicycle parking shall be placed on level asphalt or concrete base to which it can be secured. 7 General Development Regulations Applicable to all Zones| 76 Zoning By-law 5045| March 14, 2022 7.9. Signs General Regulations and Administration a) The regulations within Section 7.9 of this By-law shall apply to all Signs on lands within the City, with the exception of the following: i any Election Signs as defined and regulated under the Election Sign By- law No. 4968, as amended; ii any Sign required to be displayed under the regulations of federal, provincial or municipal legislation; iii statutory and official notices; iv functional advertisements of local authorities and public transport undertakers; v traffic and directional Signs authorized by the City; vi notices relating to the sale, lease or rental of the Building or land to which they are attached so long as do not exceed 0.25 m2 in size, are not illuminated, are kept in good repair and removed in a timely manner; vii Community Signs that are not larger than 7 m2 and are installed on City property; viii advertisements of building contractors relating to construction in progress on the land on which the Development is occurring, provided that they are not illuminated, are kept in good repair and removed within 14 days of occupancy: 1) such advertisements shall not exceed 7 m2; and 2) one such advertisement for each Site which fronts onto a public Street; ix Fascia Signs whose surface area is less than 25% of the ground floor frontage area on the side of the Structure to which the Sign is to be attached; and x advertisements displayed on door plates, door bars or kick plates. 7 General Development Regulations Applicable to all Zones| 77 Zoning By-law 5045| March 14, 2022 b) For the purpose of this By-law, all Signs shall be considered an Accessory Use. The Development Officer may approve a Sign as part of a Development Permit application for which the Sign is accessory to a Principal Use, so long as they are satisfied that all required information has been provided. c) Unless specifically exempted from the requirements to obtain a Development Permit in Section 4.2 of this By-law, all Signs, Structures for Signs, as well as any alteration or relocation of an existing Sign shall require a Development Permit. d) Signs not requiring a Development Permit must comply with the regulations of Section 7.9 of this By-law. e) Signs for Home Based Businesses must comply with the regulations in Section 8.2.4 (o) of this By-law. f) The Development Officer shall not approve an application for the installation of a Sign upon or over public property, including but not limited to: road rights-of- ways, easements and public utility Lots, without entering into a license agreement with the Landowner or Building to which the Sign is attached or located, as described in the Land Administration By-law No. 4596, as amended. 7 General Development Regulations Applicable to all Zones| 78 Zoning By-law 5045| March 14, 2022 Application Details a) Applications for a Sign shall be made under a Development Permit application to the Development Officer along with the fees and an electronic copy of drawings indicating: i the location of the Sign by elevation drawing or Site plan; ii the overall dimensions of the Sign; iii the size of the letter or letters; iv the amount of Projection from the face of the Building; v the amount of Projection over public property; vi the Height of the Sign above a public Street or sidewalk or the Height above the average ground level at the face of the Building; and vii the manner of illuminating the Sign. Location of Signs a) Signs shall be permitted only in non-residential Zones except for those listed in Section 7.9.1 (a) of this By-law. b) Signs are not permitted on City sidewalks, boulevards or center medians. c) Signs shall not be attached to a Fence, pole, tree or any other object in a public Street or place. d) Signs shall not be attached to or stand on the ground in any public Street or place. e) Signs shall not be located so as to obstruct free and clear vision of vehicular traffic, or located where they may interfere with, or be confused with, any authorized traffic Sign, signal or device. f) Portable Signs shall not be placed on City property, except with permission of the Development Officer. 7 General Development Regulations Applicable to all Zones| 79 Zoning By-law 5045| March 14, 2022 Community Signs a) Community Signs must be removed within 14 days after the conclusion of the event. b) Community Signs must not be placed in the following areas: i on City property except within an Election Sign Zone as specified in Schedule "B" of the Election Sign By-law No. 4968, as amended; ii within 3 m of a fire hydrant; or iii that obstructs or otherwise interferes with sight lines or movement of motor vehicles, pedestrians, cyclists or any other highway traffic. Billboards a) Billboards are approved at the discretion of Council. b) With the application for a Development Permit for a Billboard, the Development Officer may require additional details including, but not limited to: i safety matters related to vehicular traffic and sightlines; ii positioning Billboard Signs in high traffic areas at the entrance of the City; or iii positioning within the Capital Area. Awnings a) Awning advertisement shall be tightly stretched over a rigid metal frame in order to prevent sagging and to minimize snow and dirt accumulation. b) No part of an Awning shall project over any public road. c) No part of an Awning shall be less than 2.5 m above sidewalk level. Fascia Signs in all non-residential Zones a) Fascia Signs shall be installed so that they: i do not extend past the top of the vertical face of the Building; ii are no lower than 2.5 m above Grade; iii do not extend more than 1 m above the uppermost eave line of the Building; and iv are located on the Business Frontage. 7 General Development Regulations Applicable to all Zones| 80 Zoning By-law 5045| March 14, 2022 Marquee and Canopy Signs a) Shall be considered as Fascia Signs, provided that: i they are displayed on the fronting edge of the Marquee or Canopy; and ii no portion of the Sign shall project below the bottom edge of the Marquee or Canopy, or more than one metre above the top of the Marquee and Canopy. Roof Signs a) Roof Signs shall not exceed the Height above a roof equal to the average Height of the elevation of the Building upon which the Sign is located. However, in no case shall a Roof Sign exceed 5 m in Height from the top of the Building Façade to the top of the Sign. b) No Roof Sign shall exceed 25 m2 in area. c) No Roof Sign shall project beyond any portion of the exterior walls of any Building, nor shall the Roof Sign exceed the maximum Height in a Zone where they are to be sited. Projecting Signs a) For Building frontages located less than 6 m from the Lot Line, only one Projecting Sign may be installed per Business Frontage. b) No part of a Projecting Sign shall: i extend more than 2 m above the parapet of the Building; ii extend more than 2 m from the face of the Building; iii be less than 3 m above ground or sidewalk Grade; and iv make Use of any type of visible framework or supporting device. c) Projecting Signs shall be placed at right angles to the Building face to which they are attached; except when they are located at the corner of the Building at which time the Sign shall be placed at equal angles to the Building faces that form the corner. Free Standing Signs a) No Free Standing Signs shall project beyond a Lot Line. b) Only one Free-Standing Sign shall be allowed per Site. c) No Free Standing Signs shall not exceed a Height of 8 m. d) No Free Standing Sign shall exceed 25 m2 in area. 7 General Development Regulations Applicable to all Zones| 81 Zoning By-law 5045| March 14, 2022 Free Standing Portable Sign a) No Free Standing Portable Sign shall exceed 10 m2 in area. b) Only one Free Standing Portable Sign shall be permitted on each Site. Illumination of Signs a) Illumination of Signs will be considered according to the merits of each individual application. The Development Officer shall consider the amenities of the Zone and possible interference with traffic signal lights and other Signs. Removal of Signs a) When a Sign no longer fulfills its function under the terms of an approved Development Permit, the Development Officer may order the removal of such a Sign, and the lawful owner of the Sign or, where applicable, the Landowner, shall: i remove the Sign and all related structural components within no more than 30 calendar days from the date of receipt of the notice; ii restore the immediate area around the Sign, including the ground or any Structure to which the Sign was attached, as close as possible to its original form prior to the installation of the Sign; and iii bear all the costs related to such removal and restoration. 7.10. Temporary Use Temporary Uses include those activities where there is Temporary Use or placement of a Building or Structure, including tents. Such activities shall be developed and conducted in accordance with the following standards: a) no new permanent Building, Structure or Development shall be permitted in conjunction with the activities; b) all Buildings, Structures or Development put in place for the Temporary Use shall be removed immediately following the end of the activity, completion of the approved time period, or revocation of a Development Permit, whichever occurs first; c) all Temporary Uses require Development Permit approval, unless they do not require a Development Permit as per Section 4.2 of this By-law; d) no Temporary Use, Building or Structure shall occur for a maximum period longer than 8 months, unless at the discretion of the Development Officer; 7 General Development Regulations Applicable to all Zones| 82 Zoning By-law 5045| March 14, 2022 e) if the Temporary Use, Building or Structure lasts longer than 8 months, the Temporary Use must conform to the Permitted or Discretionary Uses in the Zone where the Temporary Use is located.; f) Temporary Use, Buildings, and Structures shall not cause permanent damage or alter natural vegetation or features; g) the Development Officer may: i attach any condition deemed necessary to ensure that the Temporary Use is removed and the Lot restored to its pre-activity condition; ii require an Development Agreement and a security deposit to cover the cost of restoring the Lot if the Temporary Use is not properly removed; iii revoke a Development Permit issued for a Temporary Use at any time if it is deemed that the activity is detrimental to the area or City at large; and iv adjust the time period for a Temporary Use if circumstances warrant an adjustment. h) A Temporary Use does not include the Temporary Use of an approved Building for an event incidental to the duly approved Use of the Building. 7.11. Set-backs from Water-Bodies The following regulations shall apply to all setbacks from Water-Bodies, and Shore reserves, subject to the setbacks established in each Zone: a) the minimum setback from Water-Bodies shall be 15 m; b) generally, no Buildings are permitted within the required setback area; and c) except for flood or erosion control works, or a public bridge or a marine facility, no Building or Structure, including any part of a sewage system, which does not require a plan of Subdivision, or Site plan approval, shall be located closer than the ordinary high water mark of any Water-Body. 7.12. Shoreline Development All permanent over-water Structures and Uses shall require the approval of the agencies having jurisdiction over the bed of the Water-Body that is directly beneath the moorage area and the Structure or Use. 7 General Development Regulations Applicable to all Zones| 83 Zoning By-law 5045| March 14, 2022 The planning and location of over-water Structures and Uses shall be coordinated with the adjacent on-Shore Development or Use so Development on both land and water are mutually compatible. Each moorage space for watercraft or vessels Used as living quarters shall have access to a potable water source and a sewage disposal system, each of these is subject to approval by the Development Officer. If required by the Development, the regulations of public utilities and services shall be acceptable to the Development Officer. These utilities and services include: a) electrical power; b) piped or trucked potable water supply for domestic Use; c) fire protection and emergency services; d) municipal sewage system or a sewage disposal in accordance with the City's Development Standards; and e) garbage and solid waste collection. Moorage Area a) All moor areas shall provide: i Open water access of sufficient size to allow safe and ready accessibility to navigable water; and ii Shoreline access in the form of a Marina, wharf or launching area. b) Moorage space: all moorage spaces shall be of sufficient size to allow safe docking and open water access. c) The Height of over-water Structures is subject to the Development Officer's approval and shall not exceed 6 m above the Natural Boundary. 7.13. Specific Use Regulations Applicable to All Zones Accessory Buildings/Use a) Accessory Buildings and Uses are subordinate (secondary) to the Principal Use/Building on the Lot. No Accessory Building shall be constructed or placed on a Lot prior to the construction of the Principal Building, unless constructed simultaneously. 7 General Development Regulations Applicable to all Zones| 84 Zoning By-law 5045| March 14, 2022 b) Where a Structure is attached to the Principal Building on a Lot by a roof, an open or enclosed Structure, a floor or a foundation, it is considered part of the Principal Building and not an Accessory Building and the required setbacks shall not be less than those required for the Principal Building. c) No Accessory Building or any portion thereof shall be constructed or placed within the front Yard of any Site. d) Notwithstanding Section 7.13.1(c) of this By-law, the Development Officer may allow a detached garaged or detached secondary suite to be sited in front of the Principal Building, provided that all of the following requirements are met: i the Site has irregular Lot Lines, size, or shape that presents a challenge to siting the detached garage beside or behind the Principal Building; ii the subject Site has not been previously blasted except for the footprint of the Principal Building; iii the subject Site has Physical Limitations relating to the terrain, topography or Grade that presents a challenge to siting the detached garage beside or behind the Principal Building; iv the proposed siting of the detached garage allows a natural Landscaping feature, such as bedrock or existing full-growth vegetation, to be retained on the Site; v the proposed siting of the detached garage conforms to the Uses prescribed in this By-law; vi the proposed siting of the detached garage does not unduly interfere with the amenities of the neighbourhood; vii the proposed siting of the detached garage does not materially interfere with or affect the Use, enjoyment or the value of neighbouring land; and viii exterior building materials of the proposed detached garage must be similar to materials of the Principal Building; for greater certainty, portable car shelters are not Permitted Under Section 7.13.1 (d) of this By-law. 7 General Development Regulations Applicable to all Zones| 85 Zoning By-law 5045| March 14, 2022 e) Notwithstanding Section 7.13.1 (b) of this By-law, for either attached or detached garages, there shall be a minimum of 6m distance measured perpendicular from the face of the garage door to any Lot Line which is adjacent to a public right-of-way except in the case of a rear Lot Line adjacent to a laneway where this distance may decrease up to a minimum of 1 m. f) No Accessory Buildings or portions of the Buildings shall be constructed or located on or over an easement or public right-of-way unless authorized by the Development Officer. g) Notwithstanding the Development Regulations table in each Zone, an Accessory Building on a Corner Lot shall not be located closer to the Lot Line than the minimum Yard Setback of the Principal Building. Urban Agriculture a) In addition to the requirements of Section 4.4 of this By-law, a Development Permit application for Urban Agriculture, Commercial shall include a Site plan that shows the following: i location of growing plots; ii location of Composting Facilities; iii Fencing/Screening; iv animal enclosure; v on-Site sales area (where applicable); vi Site Grading alterations; and vii Outdoor Storage and irrigation equipment. b) In all Zones, the Development shall not generate odour, waste, or visual Impact beyond the general characteristics of the Zone in which it is developed. c) Notwithstanding Lot coverage requirements in each Zone, Lot coverage for raised beds may be 100%. d) Notwithstanding Section 7.13.2 (a) of this By-law, a Development Permit is not required for the construction or installation of an Accessory Building that does not exceed 75 m2 in area or 3 m in Height and is not permanently attached to the ground in accordance to Section 4.2 of this By-law. Subject to the setback requirements of the applicable Zone: 7 General Development Regulations Applicable to all Zones| 86 Zoning By-law 5045| March 14, 2022 i the Development Officer may require an applicant for a Development Permit to submit environmental and risk information in accordance with Section 4.4.3 (c) of this By-law, to determine that the proposed Development is suitable for the Lot; and ii an approved drainage plan is required in order to prevent contamination related to the effluent of waste. e) In Residential Zones Urban Agriculture, Community: i activities associated with animal enclosures shall not be located within the front Yard of any Lot; ii Outdoor Storage of materials or equipment must be screened appropriately from abutting public roadways; iii all compost shall be held within lidded compost bins and screened from abutting public roadways; iv only one hen coop and run, or Building designed for the keeping of urban farm animals is permitted per residential Lot. Animals must remain within the coop or run at all times; and v Urban Agriculture activities shall not unduly interfere with the enjoyment of neighbouring properties, by causing excess noise, odour or disruption beyond what is typical in the Zone in which it is approved. 8 General Development Regulations Applicable to Residential Zones| 87 Zoning By-law 5045| March 14, 2022 8. General Development Regulations Applicable to Residential Zones 8.1. General Development Planned Development Section 8.1.1 a) amended by By-law No. 5095 October 28, 2024 a) Notwithstanding any other regulations of this By-law, where a Planned Development involves the grouping of two or more Principal Buildings on a shared Site, it shall be subject to the following regulations: i the total Lot coverage of the Planned Development shall not exceed the maximum Lot coverage of the applicable Zone; and ii building setbacks shall be provided in accordance with the Development Regulation Table in each Zone, pursuant to the greater requirements. Principal Building and Uses a) Within the R1, R2, RC and RE Zones, there shall be one Principal Building and one Principal Use on a Lot, unless the Development is approved as a Planned Development in accordance with Section 8.1.1 of this By-law. Section 8.1.3 a) and 8.1.3.c) amended by By-law No. 5095 October 28, 2024 Provision of Recreation Space a) Multi-Unit Dwelling with more than 15 Dwelling Units shall provide a private balcony of at least 5 m2 for each Dwelling Unit, or communal indoor Recreation Space in lieu of balconies to the satisfaction of the Development Office. b) Any Recreation Space provided, is to be maintained for the life of the Development. c) For Multi-Unit and Townhouse Dwellings without individual Street Access, a minimum of 5% of Site Area shall be provided as an Outdoor Recreation Space for intended occupants to the satisfaction of the Development Officer. d) Outdoor Parks and Recreation areas within 250 m proximity of the residential Development will be considered fulfillment of the outdoor Recreation Space. e) Outdoor Recreation Space shall provide suitable Landscaping, fencing and surface treatment to the satisfaction of the Development Officer. 8 General Development Regulations Applicable to Residential Zones| 88 Zoning By-law 5045| March 14, 2022 Communication Towers a) The Development Officer may approve a Height Variance for a Communication Tower exceeding the maximum permitted Height of the Zone. 8.2. Specific Use Regulations Applicable to Residential Zones Day Care Facility, Home a) Day Care Facility, Home shall be approved with an application for Home Based Business, in all eligible Zones. Day Care Facility in a Residential Zone a) The design and exterior character of the Building shall be compatible with the surrounding neighbourhood. b) The applicant shall submit the Floor Area and plans designated for the Day Care Facility with the submission of the Development Permit application. c) Any associated vehicle or equipment shall be accommodated on-Site. Community Resource Centres a) The design and exterior character of the Building shall be compatible with the surrounding neighbourhood. b) The applicant shall submit the Floor Area and plans designated for the Community Resource Centre with the submission of the Development Permit application. c) The permit is valid only for the address stated on the application and is not transferable to a new address. d) Any associated vehicle or equipment shall be accommodated on-Site. Factory-Built Homes a) All Factory-Built or manufactured Dwelling Units shall be skirted from the base of the unit to the ground with material similar to that of the siding material. Painted plywood shall not be permitted as skirting. b) All Factory-Built or manufactured Dwelling units shall conform to the current National Building Code and shall be Canadian Standards Association Certified. 8 General Development Regulations Applicable to Residential Zones| 89 Zoning By-law 5045| March 14, 2022 Home Based Business All Home Based Businesses are subject to the following: a) a Home Based Businesses may require Development Permit approval prior to the issuance of a Business License; b) an approval of a Home Based Business Use does not exempt the applicant from compliance with any federal or territorial regulation and legislation, including but not limited to the Child Care Act and Standards Regulations and the Public Health Act; RSNWT (Nu) 1988, c C-5. c) no variation from the external appearance and residential character of land or Buildings shall be permitted; d) the Home Based Business shall not be staffed by any person other than a resident of the home, and not more than two adult residents of the home shall be permitted to work in the Home Based Business, except in the case of a Day Care Facility, Home one of these two adults may reside elsewhere; e) all Home Based Businesses shall be Accessory Use to the residential Use of the Dwelling; f) the applicant shall submit the Floor Area and plans designated for the Home Based Business with the submission of the Development Permit application; g) when a Development Permit is issued for a Home Based Business, the Development Permit is valid only for the address stated on the application and is not transferable to a new address; no more than two Home Based Businesses may be allowed at any given residence; h) the Development Officer may impose conditions relating to the hours and days of operation; i) the Home Based Business may be carried out only for the period of time the property is occupied by the applicant for such Permitted Uses; j) retail sales by Home Based Businesses shall be limited to goods and articles produced on-Site or packaged for distribution and may include the sales of goods made electronically, by telephone or pick up by customers; k) where a Home Based Business involves the presence of clientele and visitors on-Site, and if in the opinion of the Development Officer, the residential character of the neighborhood is compromised by the activities of these clients, the Development Officer may reduce the number that may be in attendance at any one time; 8 General Development Regulations Applicable to Residential Zones| 90 Zoning By-law 5045| March 14, 2022 l) the Home Based Business shall not generate traffic or parking problems within the neighbourhood; m) except with the approval of the Development Officer only one commercial vehicle, may be Used in conjunction with the Home Based Business and shall be parked on-Site at all times if it is not in operation. The vehicle shall not be larger than 4,400 kg; n) Uses which are likely to generate traffic problems or require vehicles that do not conform to the By-laws of the City within the residential Zone shall not be allowed; o) Not with standing Section 7.9 of this By-law, a Sign may be allowed for a Home Based Business if: i the Sign displays only the name and type of the business, telephone number and logo; ii the Sign does not exceed 0.16 m2; iii the Sign is unlit; and iv the Sign is unobtrusive and complementary to the neighbourhood; and, p) All Development Permits issued for Home Based Businesses shall be subject to the condition that the Development Permit may be revoked by the Development Officer at any time if conditions (b) to (o) are contravened, or where the Use is or has become detrimental to the amenities of the neighborhood. Multi-Unit Dwelling a) Any Multi-Unit Dwelling Development shall provide: i Access for emergency vehicles; ii access to enclosed garbage and compost storage; iii fencing, if required by the Development Officer; iv light between Buildings; v pedestrian Access to and from the public sidewalk serving the Building; and vi flood lighting and parking light standards sufficient to provide for safety and security and that have a minimal Impact to adjacent residential Development. 8 General Development Regulations Applicable to Residential Zones| 91 Zoning By-law 5045| March 14, 2022 b) Outdoor areas shall provide suitable Landscaping, fencing and surface treatment to the satisfaction of the Development Officer. Any Recreation Space provided is to be maintained for the life of the Development. In-Home and Detached Secondary Dwelling a) Notwithstanding any requirement of this By-law, the Development Officer may approve the Development of an In-Home or Detached Secondary Dwelling provided: i the In-Home Secondary Dwelling is fully contained within the single detached, single detached Factory-Built, duplex, townhouse and Multi- Unit Dwelling; ii the Detached Secondary Dwelling is fully contained within an Accessory Building on the same Lot; iii only one In-Home or Detached Secondary Dwelling is permitted on a Site. iv the external appearance and residential character of the Principal Dwelling in which the In-Home Secondary Dwelling is located shall be maintained; v the Detached Secondary Dwelling shall be subordinate and complementary to the Principal Dwelling; vi the Gross Floor Area of all Storeys of an In-Home Secondary Dwelling shall not be more than the lesser of: 1) 80% of the Gross Floor Area of all Storeys of the other Dwelling Unit; or 2) 80 m2; and vii Detached Secondary Dwellings shall adhere to Accessory Building Yard Setbacks. b) Development standards for Lots containing suites include: i the scale Buildings shall be similar and complementary to other Buildings on surrounding Lots; ii In-Home Secondary Dwellings must have direct access to the outdoors and at least one window for emergency escape during a fire; iii Detached Secondary Dwellings shall provide an unimpeded pedestrian/emergency access to a Street or lane frontage with a minimum width of 1 m; 8 General Development Regulations Applicable to Residential Zones| 92 Zoning By-law 5045| March 14, 2022 iv Detached Secondary Dwellings are not permitted in the Front Yard of a Lot unless the proposed Structure meets the conditions of Section 7.13.1 (d) of this By-law; and v all Secondary Dwellings shall be serviced with water and sewer services in accordance with Water and Sewer By-law No. 4663, as amended. 9 General Development Regulations Applicable to Non-Residential Zones| 93 Zoning By-law 5045| March 14, 2022 9. General Development Regulations Applicable to Non-Residential Zones 9.1. General Development Number of Buildings on Lot a) More than one Principal Building may be allowed on a non-residential Site where: i Building orientation shall be to the satisfaction of the Development Officer; ii the Use and Building(s) conform to the regulations of the non- residential Zone; and iii a Development Permit is issued for each additional Accessory Building and Use on a Lot. b) If additional Building(s) are accessory to the Principal Building, the applicant must comply with regulations for Accessory Buildings and Structures, found in Section 7.13.1 of this By-law. 9.2. Specific Use Regulations Applicable to Non-Residential Zones Natural Resource Extraction (Quarrying) a) A Development Permit is required for any Natural Resource Extraction. b) As part of a complete Development Permit application the applicant must include: i time frames for phases of extraction; ii a quarry Development plan; iii a quarry operations plan; iv a quarry reclamation plan; and v any other information deemed necessary by the Development Officer. c) As a condition of the Development Permit approval, if the quarry lands are under a head lease, lease or sublease, the Development Officer may attach or cross-reference applicable conditions to land lease agreements. 9 General Development Regulations Applicable to Non-Residential Zones| 94 Zoning By-law 5045| March 14, 2022 d) A proposed quarry's perimeter boundary shall have a 30 m vegetation buffer to mitigate nuisances. When determining the buffer, the Development Officer must consider: i adjacent land Uses; ii Site proximity to roads; and iii quarrying best practices when implementing buffering requirements on a Development Permit or lease. Crematoriums a) All Crematorium approved Uses must comply with the Crematorium Regulations R-001-2020, as established through the NWT Public Health Act, SNWT 2007,c.17 SI-007-2009. b) The Development Officer may require confirmation through the Development Permit application that the proposed Crematorium Use conforms to the regulations identified in Section 9.2.2 (a) of this By-law. Kennels & Dog Lots (Yellowknife Kennels) a) The following regulations apply to Kennels and Dog Lots (Yellowknife Kennels). i all applications that involve the temporary or long-term shelter and keeping of dogs shall comply with the Northwest Territories Statutes Dog Act, RSNWT (Nu) 1988, c D-7; ii the applicant shall provide the City with a detailed plan for the management and disposal of animal waste; and iii an approved drainage plan is required in order to prevent contamination of land. b) The following regulations shall apply to Dog Lots (Yellowknife Kennels): i Dog Lots must be a minimum of 175 m from existing residential Zones; and ii an opaque Fence of 2 m shall be required to screen outdoor Dog Lots from view of neighbouring properties and public rights-of-way or trails. c) The following regulation shall apply to Kennels: i all Kennels must house dogs indoors between 9:00 PM to 7:00 AM daily. 9 General Development Regulations Applicable to Non-Residential Zones| 95 Zoning By-law 5045| March 14, 2022 Outdoor Storage a) The purpose of Outdoor Storage shall be to store equipment and materials associated with the day-to-day operations or sales of a business. b) Where the Outdoor Storage of raw materials, finished products, and equipment is permitted on a Lot, such storage shall be concealed from sight from abutting Lots, Streets or lanes by Screening. c) The dimension and position of the Screening shall be at a suitable Grade to screen from abutting Lots, Streets or lanes and have a minimum Height of 2 m. Screening is subject to approval by the Development Officer. d) Storage of any materials as cited in Section 9.2.4 of this By-Law shall not be permitted in the required Front Yard Setback of any Lot. e) The storage of goods shall be maintained in a neat and orderly manner. f) Section 9.2.4 of this By-law shall not limit the customary display of any commodities or goods intended and permitted to be sold on-Site, or the storage of fuel, oil or gas in tanks connected to a heating plan on the premises. 10 Residential Zones and Zone Regulations| 96 Zoning By-law 5045| March 14, 2022 10. Residential Zones and Zone Regulations 10.1. R1 - Low Density Residential Purpose To provide an area for lower Density residential Development that encourages a mix of Dwelling types and compatible Uses. Table 10-1: R1 Permitted and Discretionary Uses Permitted Discretionary Accessory Building Convenience Store Accessory Use Planned Development Community Resource Centre Similar Use Day Care Facility Dwelling - Single Detached - Duplex - In-Home Secondary - Detached Secondary - Factory-Built - Townhouse - Multi-Unit - Special Care Residence Home Based Business Institutional - Religious & Education Institutions Public Parks Public Utility Uses and Structures Short-Term Rental Accommodation Temporary Use Urban Agriculture, Community 10 Residential Zones and Zone Regulations| 97 Zoning By-law 5045| March 14, 2022 Table 10-2: R1 Regulations R1 - Regulations Single Detached Dwelling Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Minimum Lot Width 15 m 11 m 15 m (7.5 m subdivided) 15 m (7.5 m subdivided) Maximum Site Area - - 1,300 m2 Maximum Lot Coverage Principal Building 40% 40% 55% combined 55% combined Accessory Building 15% 15% Maximum Height Principal Dwelling 12 m 12 m 12 m 12 m Accessory Building Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Detached Secondary Dwelling Unit Above a Garage No more than 3 m higher than the Principal Building to a maximum of 12 m No more than 3 m higher than the Principal Building to a maximum of 12 m No more than 3 m higher than the Principal Building to a maximum of 12 m Not applicable Detached Secondary Dwelling Unit No higher than the Principal Building to a maximum of 12 m No higher than the Principal Building to a maximum of 12 m No higher than the Principal Building to a maximum of 12 m Not applicable Minimum Front Yard Setback (Principal Building) Front Yard 6 m 6 m 6 m 6 m Minimum Side Yard Setback Principal Building - Interior 1.5 m 1.5 m 1.5 m 1.5 m Principal Building - Corner 2 m 2 m 2 m 2 m Factory-Built Dwelling - Entrance Side - 2 m 2 m - Factory-Built Dwelling - Non Entrance Side - 1.5 m 1.5 m - 10 Residential Zones and Zone Regulations| 98 Zoning By-law 5045| March 14, 2022 R1 - Regulations Single Detached Dwelling Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Factory-Built Dwelling - Front Entrance - 1.5 m (both sides) 1.5 m (both sides) - Accessory Building - Interior 1 m 1 m 1 m 1 m Accessory Building - Corner 2 m 2 m 2 m 2 m Minimum Rear Yard Setback Minimum for a Principal Building 6 m 6 m 6 m 6 m Minimum for an Accessory Building 1 m 1 m 1 m 1 m Minimum for an Outdoor Wood Pellet Boiler 2 m 2 m 2 m 2 m Projections into Yard Setbacks Architectural Features for 3 m or greater 1.2 m 1.2 m 1.2 m 1.2 m Architectural Features 1.5 m or less for Side Yard 0.6 m 0.6 m 0.6 m 0.6 m Unenclosed Deck above 0.6 m in Height front and rear Yard 40% reduced setback 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Front Yard 40% reduced setback 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary Unenclosed Steps 40% reduced setback 40% reduced setback 40% reduced setback 40% reduced setback Accessory Structures overhanging eaves 0.6 m 0.6 m 0.6 m 0.6 m R1 - Regulations Single Detached Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit 10 Residential Zones and Zone Regulations| 99 Zoning By-law 5045| March 14, 2022 R1 - Regulations Single Detached Dwelling Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Dwelling Dwelling Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m 1 m 1 m 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Development Regulations a) Site Development i The Site plan, the relationship between Buildings, Structures and Open Spaces, the architectural treatment of Buildings, and vehicle circulation shall be subject to approval by the Development Officer. ii A Site shall not be developed where significant portions of the Site cannot accommodate future residential Development and Access. iii Parking 3) Single Detached Dwellings, driveways shall not exceed two car widths. 4) Duplex Dwellings, driveways shall not exceed two car widths without being separated by Landscaping features satisfactory to the Development Officer. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 8 - Development Regulations Applicable to Residential Zones. 10 Residential Zones and Zone Regulations| 100 Zoning By-law 5045| March 14, 2022 10.2. R2 - Medium Density Residential Purpose To provide an area for medium to higher Density residential Development that encourages a mix of Dwelling types and compatible Uses. Table 10-3: R2 Permitted and Discretionary Uses Permitted Discretionary Accessory Building Convenience Store Accessory Use Similar Use Community Resource Centre Day Care Facility Dwelling - Single Detached - Duplex - In-Home Secondary - Detached Secondary - Factory-Built - Townhouse - Multi-Unit - Special Care Residence Home Based Business Institutional - Religious & Educational Institutions Planned Development Public Parks Public Utility Uses and Structures Short-Term Rental Accommodation Temporary Use Urban Agriculture, Community 10 Residential Zones and Zone Regulations| 101 Zoning By-law 5045| March 14, 2022 Table 10-4: R2 Medium Density Regulations R2 - Regulations Single Detached Dwelling Single Detached Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Minimum Lot Width 15 m 11 m 15 m (7.5 m subdivided) 15 m (7.5 m subdivided) Maximum Site Area - - 9,000 m2 Maximum Lot Coverage Principal Building 40% 40% 55% combined 55% combined Accessory Building 15% 15% Maximum Height Principal Dwelling 12 m 12 m 12 m 15 m Accessory Building Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Detached Secondary Dwelling Unit Above a Garage No more than 3 m higher than the Principal Building to a maximum of 12 m No more than 3 m higher than the Principal Building to a maximum of 12 m No more than 3 m higher than the Principal Building to a maximum of 12 m - Detached Secondary Dwelling Unit No higher than the Principal Building to a maximum of 12 m No higher than the Principal Building to a maximum of 12 m No higher than the Principal Building to a maximum of 12 m - Minimum Front Yard Setback (Principal Building) Front Street Access 6 m 1 m 1 m 1 m Minimum Side Yard Setback Principal Building - Interior 1.5 m 1.5 m 1.5 m 3 m Principal Building - Corner 2 m 2 m 2 m 3.5 m Factory-Built Dwelling - Entrance Side - 2 m 2 m - 10 Residential Zones and Zone Regulations| 102 Zoning By-law 5045| March 14, 2022 R2 - Regulations Single Detached Dwelling Single Detached Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Factory-Built Dwelling - Non Entrance Side - 1.5 m 1.5 m - Factory-Built Dwelling - Front Entrance 1.5 m (both sides) 1.5 m (both sides) Accessory Building - Interior 1 m 1 m 1 m 1 m Accessory Building - Corner 2 m 2 m 2 m 3.5 m Minimum Rear Yard Setback Minimum for a Principal Building 6 m 6 m 6 m 6 m Minimum for an Accessory Building 1 m 1 m 1 m 1 m Minimum for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Projections into Yard Setbacks Architectural Features for 3m or greater 1.2 m 1.2 m 1.2 m 1.2 m Architectural Features 1.5m or less for Side Yard 0.6 m 0.6 m 0.6 m 0.6 m Unenclosed Deck above 0.6m in Height Front and Rear Yard 40% reduced setback 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6m in Height Front Yard 40% reduced setback 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary Unenclosed Steps 40% reduced setback 40% reduced setback 40% reduced setback 40% reduced setback 10 Residential Zones and Zone Regulations| 103 Zoning By-law 5045| March 14, 2022 R2 - Regulations Single Detached Dwelling Single Detached Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Accessory Structures overhanging eaves 0.6 m 0.6 m 0.6 m 0.6 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structure 1 m 1 m 1 m 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Development Regulations a) Site Development i The Site plan, the relationship between Buildings, Structures and Open Spaces, the architectural treatment of Buildings, and vehicle circulation shall be subject to approval by the Development Officer. ii A Site shall not be developed where significant portions of the Site cannot accommodate future residential Development and Access. iii Parking 5) Single Detached Dwellings, driveways shall not exceed two car widths. 6) Duplex Dwellings, driveways shall not exceed two car widths without being separated by Landscaping features satisfactory to the Development Officer 10 Residential Zones and Zone Regulations| 104 Zoning By-law 5045| March 14, 2022 b) The Front and Rear Yard minimum Setbacks shall be 3m for Lot sizes with less than 15 m width. These Lots include but are not limited to: i Block 163 Plan 4729 (Northlands Trailer Park); and ii Block 514 Plan 2194 (Bigelow Crescent and Williams Avenue) iii Block 515 Plan 2193 (Bigelow Crescent and Dusseault Court). c) All mechanical equipment, including roof mechanical units, shall be concealed by Screening in a manner compatible with the architectural character of the Buildings, or concealed by incorporating it within the Building roof. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 8 - Development Regulations Applicable to Residential Zones. 10 Residential Zones and Zone Regulations| 105 Zoning By-law 5045| March 14, 2022 10.3. RC - Residential Central Purpose To provide an area that supports the transition to a mix of Uses that include residential, commercial, Institutional and other compatible Uses through infill Development and densification of existing developed Lots in the area closest to the City core. Table 10-5: RC Permitted and Discretionary Uses Permitted Discretionary Accessory Building Automobile Service Station Accessory Use Institutional - Special Care Facility Artisan Studio Similar Use Commercial Entertainment Storage Facility Commercial Recreation Commercial Retail Sales and Service Community Resource Centre Convenience Store Day Care Facility Dwelling: - Single Detached - Duplex - In-Home Secondary - Detached Secondary - Factory-Built - Townhouse - Multi-Unit - Special Care Residence Food and Beverage Services Home Based Business Hotel Institutional - Religious & Education Institutions Medical and Health Services Motel Office Personal Services Planned Development Public Parks Public Utility Uses and Structures Scientific Research and Development Facility/Laboratory Short-Term Rental Accommodation Temporary Building or Structure 10 Residential Zones and Zone Regulations| 106 Zoning By-law 5045| March 14, 2022 Permitted Discretionary Urban Agriculture, Community Urban Agriculture, Commercial Table 10-6: RC Residential Central Regulations RC - Regulations Single Detached Dwelling Single Detached Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Minimum Lot Width 15 m 11 m 15 m (7.5 m) 15 m Maximum Lot Coverage Principal Building 40% 40% 55% combined 60% combined Accessory Building 15% 15% Maximum Height Principal Dwelling 12 m 12 m 12 m 45 m Anything over 36 m will need to be referred to the Department of Infrastructure - Airports Division for Height approval Accessory Building Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Detached Secondary Suite Above a Garage No more than 3 m higher than the Principal Building to a maximum of 12 m No more than 3 m higher than the Principal Building to a maximum of 12 m No more than 3 m higher than the Principal Building to a maximum of 12 m - Detached Secondary Suite No higher than the Principal Building to a maximum of 12 m No higher than the Principal Building to a maximum of 12 m No higher than the Principal Building to a maximum of 12 m - Minimum Front Yard Setback (Principal Building) 10 Residential Zones and Zone Regulations| 107 Zoning By-law 5045| March 14, 2022 RC - Regulations Single Detached Dwelling Single Detached Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Front Street Access Min 6 m Min 6 m Min 6 m Min 6 m Rear Street Access Min 3 m Min 3 m Min 3 m Min 3 m Minimum Side Yard Setback Principal Building - Interior 1.5 m 1.5 m 1.5 m 3 m Principal Building - Corner 2 m 2 m 2 m 3.5 m Factory-Built Dwelling - Entrance Side - 2.4 m 2.4 m - Factory-Built Dwelling - Non Entrance Side - 1.5 m 1.5 m - Factory-Built Dwelling - Front Entrance 1.5 m (both sides) 1.5 m (both sides) Accessory Building - Interior 1 m 1 m 1 m 1 m Accessory Building - Corner 2 m 2 m 2 m 3.5 m Minimum Rear Yard Setback Minimum for a Principal Building 6 m 6 m 6 m 6 m Minimum for an Accessory Building 1 m 1 m 1 m 1 m Minimum for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Projections into Yard Setbacks Architectural Features for 3 m or greater 1.2 m 1.2 m 1.2 m 1.2 m Architectural Features 1.5 m or less for Side Yard 0.6 m 0.6 m 0.6 m 0.6 m 10 Residential Zones and Zone Regulations| 108 Zoning By-law 5045| March 14, 2022 RC - Regulations Single Detached Dwelling Single Detached Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Unenclosed Deck above 0.6 m in Height Front and Rear Yard 40% reduced setback 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Front Yard 40% reduced setback 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary Unenclosed Steps 40% reduced setback 40% reduced setback 40% reduced setback 40% reduced setback Accessory Structures overhanging eaves 0.6 m 0.6 m 0.6 m 0.6 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structure 1 m 1 m 1 m 1 m Minimum Distance Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler 10 Residential Zones and Zone Regulations| 109 Zoning By-law 5045| March 14, 2022 Table 10-7: RC Residential Central Non-Residential Regulations RC - Regulations Mixed Use Commercial Institutional Minimum Lot Width 15 m 15 m 15 m Maximum Lot Coverage Principal Building & Accessory Building 60% 60% 60% Maximum Height Principal Building 45 m Anything over 36 m will need to be referred to the Department of Infrastructure -Airports Division for Height approval 45 m Anything over 36 m will need to be referred to the Department of Infrastructure -Airports Division for Height approval 45 m Anything over 36 m will need to be referred to the Department of Infrastructure - Airports Division for Height approval Accessory Building Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Minimum Front Yard Setback (Principal Building) Front Street Access 6 m 6 m 6 m Rear Street Access 3 m 3 m 3 m Minimum Side Yard Setback Principal Building - Interior 1.5 m 1.5 m 1.5 m Principal Building - Corner 2 m 2 m 2 m Accessory Building - Interior 1 m 1 m 1 m Accessory Building - Corner 2 m 2 m 2 m Minimum Rear Yard Setbacks Minimum for a Principal Building 6 m 6 m 6 m Minimum for an Accessory Building 1 m 1 m 1 m 10 Residential Zones and Zone Regulations| 110 Zoning By-law 5045| March 14, 2022 RC - Regulations Mixed Use Commercial Institutional Minimum for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Projections into Yard Setbacks Architectural Features for 3 m or greater setbacks 1.2 m 1.2 m 1.2 m Architectural Features 1.5 m or less for Side Yard Setback 0.6 m 0.6 m 0.6 m Unenclosed Deck above 0.6 m in Height Front and Rear Yard 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Front Yard 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary Unenclosed Steps 40% reduced setback 40% reduced setback 40% reduced setback Accessory Structures overhanging eaves 0.6 m 0.6 m 0.6 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structure - - 1 m Exceptions to Minimum Distances Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Section 10.3.1 a) Added by By-law No. 5120 February 25, 2026 a) A 'Recycling Facility' shall be permitted on a portion of Lot 8 and 9, Block 46, Plan 140 as identified in Schedule "A" of By-law No. 5120. 10 Residential Zones and Zone Regulations| 111 Zoning By-law 5045| March 14, 2022 RC-1 Regulations To provide an area in the RC Zone, that supports minimal transition to a select mix of Uses that include residential, commercial, Institutional and other compatible Uses while supporting densification of existing developed Lots in areas close to the City core. In addition to the regulations of the RC Zone, Tables 10-8 and 10-9 apply. Table 10-8 RC-1 Permitted and Discretionary Uses Permitted Uses Discretionary Accessory Building Commercial Recreation Accessory Use Food and Beverage Services Artisan Studio Institutional - Special Care Facility Commercial Retail Sales and Service Similar Use Community Resource Centre Day Care Facility Dwelling: - Single Detached - Duplex - In-Home Secondary - Detached Secondary - Factory-Built - Townhouse - Multi-Unit Special Care Residence Home Based Business Institutional Religious & Education Institutions - Medical and Health Services Personal Services Planned Development Public Parks Public Utility Uses and Structures Short-Term Rental Accommodation Temporary Building or Structure Urban Agriculture, Community 10 Residential Zones and Zone Regulations| 112 Zoning By-law 5045| March 14, 2022 Table 10-9: RC1 1 Specific Regulations RC-1 Regulations Single Detached Dwelling Single Detached Factory-Built Dwelling Duplex Dwelling Townhouse/ Multi-Unit Dwelling Maximum Height 12 m 12 m 12m 12 m Maximum Site Area - - 1,300 m2 Development Regulations a) All mechanical equipment, including roof mechanical units, shall be concealed by Screening in a manner compatible with the architectural character of the Buildings, or concealed by incorporating it within the Building roof. b) Office Use shall not exceed 300 m2. Design Regulations a) Massing for all Buildings with greater than four Storeys abutting the Street, where possible the step back shall be 6 m for the portion of the Building fronting the Street, and 3 m for the portion along the side, subject to the Design Regulations in Section 11.1.3 of this By-law. b) Pedestrian Linkages: All Development shall recognize the importance of maintaining pedestrian linkages by connecting to all sidewalks and trails where applicable. c) Pedestrian access shall be accommodated to public destinations such as transit stops; public and semi-public Open Space (i.e. patios, Parking Lots, etc.). d) Primary entryways into the Development shall be enhanced by way of Building placement, Landscaping, gates, entry monuments, specialty lighting and other design elements can be used to create effects. e) Primary entrances shall have pronounced, attractive and safe pedestrian Access and shall not be flanked by parking stalls in accordance with the City's Development Standards. Site Specific Development Regulations a) For the following areas listed in Table 10-10 the minimum Front and Rear Yard Setbacks shall be 3 m. 10 Residential Zones and Zone Regulations| 113 Zoning By-law 5045| March 14, 2022 Table 10-10: RC Specific Setback Regulations Legal Description Name Block 71 Plan 4451, Block 71 Plan 632, Block 72 Plan 1252 Franklin Trailer Park Block 169 Plan 2589 Trails End Trailer Park Block 133 Plan 2277 Forrest Park Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 8 - Development Regulations Applicable to Residential Zones. c) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 10 Residential Zones and Zone Regulations| 114 Zoning By-law 5045| March 14, 2022 10.4. RE - Residential Estate Purpose To provide an area for low Density residential Dwellings outside the built up area, that has an immediate access to outdoor and water recreation. This Zone is limited to the current zoning boundary and is not intended to support further Residential Estate Development. Table 10-11: RE Permitted and Discretionary Uses Permitted Discretionary Dwelling - Single Detached - In-Home Secondary - Detached Secondary - Factory-Built Dwelling - Duplex Home Based Business Similar Use Public Parks Public Utility Uses and Structures Short-Term Rental Accommodation Temporary Building or Structure Urban Agriculture, Community Table 10-12: RE Residential Estate Regulations RE - Regulations Single Detached Single Detached Factory-Built Dwelling Duplex Minimum Lot Width 30 m 30 m 30 m (15 m subdivided) Maximum Lot Coverage Principal Building 35% combined 35% combined 35% combined Accessory Building Maximum Height Principal Dwelling 12 m 12 m 12 m Accessory Building Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling 10 Residential Zones and Zone Regulations| 115 Zoning By-law 5045| March 14, 2022 RE - Regulations Single Detached Single Detached Factory-Built Dwelling Duplex Detached Secondary Suite Above a Garage No more than 3 m higher than the Principal Building to a maximum of 12 m No more than 3 m higher than the Principal Building to a maximum of 12 m No more than 3 m higher than the Principal Building to a maximum of 12 m Detached Secondary Suite No higher than the Principal Building to a maximum of 12 m No higher than the Principal Building to a maximum of 12 m No higher than the Principal Building to a maximum of 12 m Minimum Front Yard Setback (Principal Building) Front Street Access 6 m 6 m 6 m Minimum Side Yard Setback Principal Building - Interior 3 m 3 m 3 m Principal Building - Corner 3 m 3 m 3 m Factory-Built Dwelling - Entrance Side - 3 m 3 m Factory-Built Dwelling - Non Entrance Side - 3 m 3 m Accessory Building - Interior 1 m 1 m 1 m Accessory Building/Structure - Corner 2 m 2 m 2m Minimum Rear Yard Setback Minimum for a Principal Building 6 m 6 m 6 m Minimum for an Accessory Building 1 m 1 m 1 m Minimum for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler RE- Regulations Single Detached Single Detached Factory-Built Dwelling Duplex 10 Residential Zones and Zone Regulations| 116 Zoning By-law 5045| March 14, 2022 RE - Regulations Single Detached Single Detached Factory-Built Dwelling Duplex Projections into Yard Setbacks Architectural Features for 3 m or greater 1.2 m 1.2 m 1.2 m Architectural Features 1.5 m or less for Side Yard 0.6 m 0.6 m 0.6 m Unenclosed Deck above 0.6 m in Height front and rear 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Front Yard 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary Unenclosed Steps 40% reduced setback 40% reduced setback 40% reduced setback Accessory Structures overhanging eaves 0.6 m 0.6 m 0.6 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structure 1 m 1 m 1 m Minimum Distance Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler 10 Residential Zones and Zone Regulations| 117 Zoning By-law 5045| March 14, 2022 Development Regulations a) Where a Lot is adjacent to the water the minimum waterfront setback requirements shall be 10m to the Ordinary High Water Mark (OHWM). b) Parking: Single Detached Dwellings require two spaces per Dwelling Unit. Other Uses are subject to Section 7.8.4 of this By-law. c) Only one vehicle access point is permitted per Lot. d) Residential Estate Lots shall abide by the regulations detailed in Grace Lake Development Scheme By-law No. 4676 and the Grace Lake South Area Development Plan By-law No. 4867. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 8 - Development Regulations Applicable to Residential Zones. 10 Residential Zones and Zone Regulations| 118 Zoning By-law 5045| March 14, 2022 Section 10.5 RI - Residential Intensification added by By-law No. 5095 October 28, 2024 10.5. RI - Residential Intensification Purpose To provide areas for new or infill residential intensification Developments that supply a mix of housing options. Table 10-13: RI Permitted and Discretionary Uses Permitted Discretionary Accessory Building Convenience Store Accessory Use Similar Use Daycare Facility (accessory) Dwelling - In-Home Secondary - Multi-Unit - Townhouse - Special Care Residence Home-Based Business Mixed Use Planned Development Public Utility Uses and Structures 10 Residential Zones and Zone Regulations| 119 Zoning By-law 5045| March 14, 2022 Table 10-14: RI Residential Intensification Regulations RI - Regulations Multi-Unit Dwelling/Other Townhouse Dwelling Minimum Lot Width 50 m 37.5 m (7.5 m subdivided) Minimum Site Area 5,000 m2 2,000 m2 Maximum Lot Coverage 65% combined 65% combined Maximum Height Principal Building 18 m 15 m Accessory Building Less than the Height of the Principal Building Less than the Height of the Principal Building Minimum Front Yard Setback Principal Building 1 m 1 m Accessory Building Not within the minimum Front Yard Setback Not within the minimum Front Yard Setback Minimum Side Yard Setback Principal Building - Interior* 3 m 3 m Principal Building - Corner 3 m 3 m Accessory Building - Interior 1 m 1 m Accessory Building - Corner 3.5 m 3.5 m Minimum Rear Yard Setback Principal Building 6 m 6 m Accessory Building 1 m 1 m Projection into Yard Setbacks Architectural Features 1 m (except front yard) 1 m (except front yard) Unenclosed Deck and unenclosed steps 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary Accessory Structures overhanging eaves 0.6 m (except front yard) 0.6 m (except front yard) Minimum Distance Any Building to an Outdoor Wood Pellet Boiler 3 m 3 m Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m 1 m *Note: minimum Side Yard Setback along party wall in Townhouses shall be 0 m. 10 Residential Zones and Zone Regulations| 120 Zoning By-law 5045| March 14, 2022 Development Regulations a) Site Development i. A Site shall not be developed where significant portions of the site cannot accommodate future residential Development and Access. ii. Access: 1) All Developments shall maintain pedestrian linkages by connecting to all sidewalks and trails where possible; and, 2) All Developments shall be designed to minimize conflict between pedestrian and vehicle traffic on site. b) All mechanical equipment, including roof mechanical units and/or pellet boilers and pellet silo, shall be concealed by Screening in a manner compatible with the architectural character of the Buildings, or concealed by incorporating it within the Building roof or an accessory structure. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 8 - Development Regulations Applicable to Residential Zones. RI-1 Regulations To provide an area that supports infill of residential intensification that is suitable in established neighbourhoods or on land with constraints. All regulations in the RI Zone applies, except Table 10-13 and Table 10-14. Table 10-15: RI-1 Permitted and Discretionary Uses Permitted Discretionary Accessory Building Similar Use Accessory Use Dwelling - Detached Secondary - Duplex - In-Home Secondary - Multi-Unit - Townhouse - Special Care Residence Home-Based Business Planned Development Public Utility Uses and Structures 10 Residential Zones and Zone Regulations| 121 Zoning By-law 5045| March 14, 2022 Table 10-16: RI-1 Specific Regulations RI-1 - Regulations Duplex Townhouse Dwelling Multi-Unit/Other Minimum Lot Width 15 m 19.5 m (6.5m subdivided) 20 m Maximum Lot Coverage 65% combined 65% combined 65% combined Maximum Height Principal Building 12 m 12 m 12 m Accessory Building Less than the Height of the Principal Building Less than the Height of the Principal Building Less than the Height of the Principal Building Detached Secondary Dwelling Unit above a Garage No more than 3 m higher than the Principal Building to a maximum of 12 m - - Detached Secondary Dwelling Unit No more than 3 m higher than the Principal Building to a maximum of 12 m - - Minimum Front Yard Setback Principal Building 3 m 3 m 3 m Accessory Building Not within the minimum Front Yard Setback Not within the minimum Front Yard Setback Not within the minimum Front Yard Setback Minimum Side Yard Setback Principal Building - Interior * 3 m 3 m 3 m Principal Building - Corner 3.5 m 3 m 3 m Accessory Building - Interior 1 m 1 m 1 m Accessory Building - Corner 3.5 m 3.5 m 3.5 m Minimum Rear Yard Setback Principal Building 6 m 6 m 6 m Accessory Building 1 m 1 m 1 m Projection into Yard Setbacks Architectural Features 1.2 m 1.2 m 1.2 m Unenclosed Deck and unenclosed steps 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary 10 Residential Zones and Zone Regulations| 122 Zoning By-law 5045| March 14, 2022 Accessory Structures overhanging eaves 0.6 m 0.6 m 0.6 m Minimum Distance Any Building to an Outdoor Wood Pellet Boiler 3 m 3 m 3 m Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m 1 m 1 m *Note: minimum side yard setback along party wall in townhouses shall be 0 m Infill Design Regulation a) No blank wall that is visible from the street shall be permitted. b) Infill development shall orient towards the public street in the same direction as one adjacent building, where possible. 11 Commercial Mixed Use Zones and Zone Regulations| 123 Zoning By-law 5045| March 14, 2022 11. Commercial Mixed Use Zones and Zone Regulations 11.1. DT - Downtown Purpose To define the downtown area and recognize this as a unique area within the City as the Principal office, commercial and entertainment district, while providing for supportive medium and higher Density residential Uses. Table 11-1: DT Permitted and Discretionary Uses Permitted Discretionary Accessory Building Dwelling: - Single Detached - Duplex Accessory Use Motel Animal Services Parking Structure Artisan Studio Planned Development Automobile Service Station Similar Use Brewing/Distilling Establishment & Brewpub Commercial Entertainment Commercial Recreation Commercial Retail Sales and Service Community Resource Centre Convenience Store Convention Centre Day Care Facility Dwelling: - Detached Secondary - In-Home Secondary - Townhouse - Multi-Unit - Special Care Residence Food and Beverage Services Food Production Facility Government Office Home Based Business Hotel Institutional - Religious & Education Institutions - Recreation Facility - Special Care Facility 11 Commercial Mixed Use Zones and Zone Regulations| 124 Zoning By-law 5045| March 14, 2022 Permitted Discretionary Mixed Use Medical and Health Services Medical Research and Development Facility/Laboratory Office Personal Services Public Park Public Utility Uses and Structures Short-Term Rental Accommodation Storage Facility Temporary Use Urban Agriculture, Community Table 11-2: DT Downtown Residential Regulations DT - Regulations Duplex /Townhouse Dwelling Multi-Unit Dwelling Minimum Lot Width 15 m (7.5 m subdivided) 15 m Maximum Lot Coverage Principal & Accessory Building/Structure 60% 100% Maximum Height Principal Building - 45 m** Accessory Building/Structure Less than the Height of the Principal Dwelling 3 m Minimum Height Principal Building No less than 2 stories No less than 2 stories Minimum Front Yard Setback Front Street Access 6 m 0 m Rear Street Access*** 3 m 0 m Minimum Side Yard Setback Principal Building - Interior 1.5 m 0 m Exceptions: Where a Multi-Unit Dwelling Building abuts an adjoining Zone - 2 m 11 Commercial Mixed Use Zones and Zone Regulations| 125 Zoning By-law 5045| March 14, 2022 DT - Regulations Duplex /Townhouse Dwelling Multi-Unit Dwelling Accessory Building/Structure - Interior 1 m 1 m Accessory Building - Corner Setback No closer than the Principal Building No closer than the Principal Building Minimum Rear Yard Setback Minimum for a Principal Building 6 m 0 m Minimum for an Accessory Building 1 m 1 m Minimum for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler DT - Regulations Duplex /Townhouse Dwelling Multi-Unit Dwelling Projections into Rear Yard Setback Architectural Features for 3 m or greater 1.2 m 1.2 m Architectural Features 1.5 m or less for Side Yard 0.6 0.6 m Unenclosed Deck above 0.6 m in Height Front and Rear Yard 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Front Yard 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary Unenclosed Steps 40% reduced setback 40% reduced setback Accessory Structures overhanging eaves 0.6 m 0.6 m Duplex /Townhouse Dwelling Multi-Unit Dwelling Minimum Distance Between Principal Building and Accessory 1 m 1 m 11 Commercial Mixed Use Zones and Zone Regulations| 126 Zoning By-law 5045| March 14, 2022 DT - Regulations Duplex /Townhouse Dwelling Multi-Unit Dwelling Building/Structure or between Accessory Buildings/Structure Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler **Anything over 36m will need to be referred to the Department of Infrastructure -Airports Division for Height approval. ***When there is Rear Access because of a back alley, the Dwelling Unit can sit closer to the front Lot Line Table 11-3: DT Downtown Mixed & Non-Residential Regulations DT - Regulations Mixed Use Commercial (Franklin Avenue) Commercial Other Institutional Minimum Lot Width 7.5 m 7.5 m 7.5 m 7.5 m Lot Coverage Minimum: Principal & Accessory Building 50% 50% 50% 50% Maximum: Principal & Accessory Building 100% 100% 100% 100% Maximum Height Principal Building 45 m* 45 m* 45 m* 45 m* Accessory Building - - - - Minimum Height Principal Building No less than 2 Storeys No less than 2 Storeys No less than 2 Storeys No less than 2 Storeys Mixed Use Commercial (Franklin Avenue) Commercial Other Institutional Minimum Yard Setback (Principal Building) All Lot Lines 0 m 0 m 0 m 0 m Exceptions: Where a mixed-Use or non-residential 2 m 2 m 2 m 2 m 11 Commercial Mixed Use Zones and Zone Regulations| 127 Zoning By-law 5045| March 14, 2022 DT - Regulations Mixed Use Commercial (Franklin Avenue) Commercial Other Institutional Building abuts an adjoining Zone Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures - - - 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler * Anything over 36 m will need to be referred to the Department of Infrastructure -Airports Division for Height approval. Development Regulations a) All land Use in the Capital Area is subject to the Capital Area Development Plan By-law No. 4940, as amended. b) All mechanical equipment, including roof mechanical units, shall be concealed by Screening in a manner compatible with the architectural character of the Buildings, or concealed by incorporating it within the Building roof. c) Mixed Use i Where residential Uses are combined with other non-residential Uses within a Building, the residential Use shall not be permitted at or below the Street level of the Building unless designed as part of a live-work unit. d) Ground Floor Retail i In the DT-Zone, Office buildings with a Building footprint of 800 m2, or greater, and a minimum of four Storeys, shall include on the ground floor a Use that is commercial in nature. 11 Commercial Mixed Use Zones and Zone Regulations| 128 Zoning By-law 5045| March 14, 2022 Design Regulations In addition to all of the other requirements of this By-law, all Development within the "DT" shall be subject to the following design regulations. The objective of the design regulations is to strive for visually interesting and appealing Buildings and a pedestrian oriented Street environment. The applicant shall refer to the City's Smart Growth Development Plan - Yellowknife Downtown Façade Improvement Guidelines for examples of appropriate Building Façade treatment. Development proposals in Downtown must consider the following design elements. a) Amenity Space i New Development with any one portion of the Building exceeding 35 m horizontal wall dimensions along a public Street, and where the Building is four Storeys or greater, shall provide outdoor Amenity Space. ii Buildings located on Corner Lots shall only be required to provide one Amenity Space, with the longest horizontal wall dimension along a public Street being used to calculate the Amenity Space requirement iii Minimum 50 m2 of Amenity Space shall be provided with an additional 5 m2 of Amenity Space provided for each additional 10 m of lineal frontage. iv Where Amenity Spaces are required or provided in conjunction with a Development, they shall be designed in such a manner as to provide for the comfort, visual interest and safety of the pedestrian. v Forms of Landscaping, for Amenity Spaces, may include, but are not limited to the following elements: 7) widening of sidewalks to accommodate public gathering spaces; 8) Landscaping, including trees, shrubs and planters; 9) benches, ledges or broad stairs; 10) monuments and/or public art; 11) public information displays; and 12) related Street furniture. vi Amenity Spaces are encouraged to be at the same Grade as the adjacent sidewalk area in order to extend the public sidewalk environment. 11 Commercial Mixed Use Zones and Zone Regulations| 129 Zoning By-law 5045| March 14, 2022 vii Amenity Spaces shall provide for the continuity of pedestrian movement. The Development Officer may consider railings and barriers to an Amenity Space only where it is to be Used for the purpose of Food and Beverage Services. viii Existing trees shall be incorporated into Amenity Spaces where possible. b) Massing i For those Buildings along Franklin Avenue with greater than four Storeys, a step back shall be employed for that portion of the Building extending beyond the fourth Storey and abutting a Street. The step back shall be at least 6m for the portion of the Building along Franklin Avenue, and at least 3 m for the portion along the side. ii For all other Buildings with greater than four Storeys abutting the Street, where possible, the step back shall be 6 m for the portion of the Building fronting the Street, and 3 m for the portion along the side. c) Building Orientation and Articulation i Buildings shall be sited to address adjacent public Streets and are to be oriented to be directly accessible from public sidewalks. 11 Commercial Mixed Use Zones and Zone Regulations| 130 Zoning By-law 5045| March 14, 2022 ii Where Buildings are located in proximity to Street corners, their design shall address both Streets through massing, Building articulation and Landscape design and give prominence to the Street corner. iii The main entrance of a Building shall be sited on the Street side to promote pedestrian Access. The main entrance of the Building shall also provide a sense of enclosure and be designed to give maximum protection from wind and snow for comfortable and safe pedestrian Access. iv To promote a high degree of design and increase the quality of the pedestrian realm, articulation of Buildings is required. This may be achieved in a variety of ways, including changes in both materials and material treatments. v All Buildings will be designed in such a way to have a base, middle and top 13) Base: To be within the first four Storeys, the base shall be clearly defined as it will have the most interaction with the pedestrian environment. 14) Middle: That portion of the Building extending beyond the base, the middle section has the potential to be the largest section of the Building, shall contribute positively to the overall streetscape through the employment of varied architectural treatments. 11 Commercial Mixed Use Zones and Zone Regulations| 131 Zoning By-law 5045| March 14, 2022 15) Top: The roof design shall compliment the rest of the Building. All mechanical equipment shall be concealed by Screening, or incorporated into the architecture. 11 Commercial Mixed Use Zones and Zone Regulations| 132 Zoning By-law 5045| March 14, 2022 d) Façades and Materials i Colour schemes shall be complementary to existing context and adjacent Development. A minimum of two colours excluding roof colour visible from the Street, are required for each Building. ii Building materials shall be functional and aesthetic. Durable, high quality materials shall be used on all Building faces. iii A minimum of two major exterior materials, excluding fenestration shall be used on each elevation. These materials must be complementary to achieve a unified Building image. iv Brick, stone, or other appropriate quality material shall be used for the base of the Building. Metal shall only be used as a complimentary finish. v Finished exterior surfaces shall extend to no less than 15 cm above the finished Grade level. e) Building Design i Development shall accommodate pedestrian access to public destinations such as transit stops, public and semi-public Open Space (i.e. patios, Parking Lots, etc.). ii Primary entryways into the Development shall be enhanced by way of Building placement, Landscaping, gates, entry monuments, specialty lighting and other design elements can be used to create effects. iii Primary entrances shall have pronounced, attractive and safe pedestrian Access and shall not be flanked by parking stalls in accordance with the City's Development Standards. iv Front Entrances - for those Buildings located along Franklin Avenue, the front entrances shall be located on Franklin Avenue. Entrances shall be well defined and emphasized. A main entrance fronting a public road shall include a minimum of two design elements, such as: Canopies, porticos, roof overhangs, varied roof forms, architectural tilework, and moldings integrated into the Building design or other architectural design elements. v Where Buildings with varying Heights are proposed, the tallest Buildings or part(s) of, shall be located furthest from any adjacent pre- existing low rise built form to mitigate shadow Impacts. 11 Commercial Mixed Use Zones and Zone Regulations| 133 Zoning By-law 5045| March 14, 2022 vi Applicants shall refer to the City's Smart Growth Development Plan - Yellowknife Downtown Façade Improvement Guidelines for examples of appropriate Façade treatment. vii Building fenestration design and placement of windows and doors shall enhance the pedestrian streetscape as follows: 16) eliminating blank walls along Street frontages; 17) for all commercial and food/beverage service Uses, 50% of the horizontal dimension of a ground floor Street facing Façade shall have windows; and 18) darkly tinted and reflective glass is prohibited. f) Parking Regulations In addition to the regulations in Section 7.8 of this By-Law, the following apply: i Parking Lots and free standing Parking Structures abutting Franklin Avenue are not permitted; ii surface Parking Lots, loading and trash collection areas are not permitted in the Front Yard or flanking Street side of the Principal Buildings; iii where possible, Parking Spaces for all multi-attached Development shall be provided in the Rear Yard accessed from the lane. For all other Development, wherever possible, laneways shall be the point of access to parking, loading and trash collection areas; and iv surface Parking Areas shall have a 1m setback on all non-Building sides that is Landscaped. g) Pedestrian Linkages: All Development shall recognize the importance of maintaining pedestrian linkages by connecting to all sidewalks and trails where applicable. h) Wind Protection i For those Buildings which exceed four Storeys in Height above Grade and exceed 1,500 m2 of Gross Floor Area, the Development Officer shall require as part of a Development Permit, a preliminary wind Impact statement, or a detailed wind Impact study, or both. Such information shall be prepared by a recognized wind consultant and shall indicate how the massing of a proposed Development has been arranged to minimize wind speed Impacts at the pedestrian level. 11 Commercial Mixed Use Zones and Zone Regulations| 134 Zoning By-law 5045| March 14, 2022 i) Sun Penetration i For those Buildings which exceed four Storeys in Height above Grade and exceed 1,500 m2 of Gross Floor Area, the Development Officer shall require as part of a Development Permit, a sun shadow Impact study. Such information shall be prepared by a qualified architect or engineer, and shall indicate design alternative to minimize shadows cast on adjoining Streets and properties. Shadow cast models of adjoining Development shall also be provided where appropriate. Shadow cast models shall be provided to indicate those shadows cast by a proposed Development at 8:30 am, 12:30 pm, and 4:30 pm Mountain Standard Time (MST) on March 21, June 21 and September 21. ii For those Developments providing an Amenity Space, the Amenity Space shall be oriented on-Site such that it is provided with the greatest potential for sun penetration. For a typical Site, this would require that an Amenity Space be provided with a southern and/or western orientation. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 8 - Development Regulations Applicable to Residential Zones. c) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 11 Commercial Mixed Use Zones and Zone Regulations| 135 Zoning By-law 5045| March 14, 2022 11.2. CS - Commercial Service Purpose To provide for commercial areas outside the downtown core and along the major transportation corridors for Use that require large Lots and a high degree of accessibility to these corridors. Table 11-4: CS Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Industrial, Light Accessory Use Institutional - Special Care Facility Animal Services Similar Use Artisan Studio Automobile Repair Automobile Sales Automobile Service Station Automobile Wash Facility Brewing/Distilling Establishment & Brewpub Commercial Entertainment Commercial Recreation Commercial Retail Sales and Service Community Resource Centre Contractor Services Convenience Store Day Care Facility Drive-Through (as an Accessory Use) Institutional - Recreation Facility - Religious & Educational Facility Food and Beverage Services Equipment Rental & Repair Home Based Business Hotel Medical and Health Services Medical Research and Development Facility/Laboratory Mixed Use Motel Multi-Unit Dwelling Office Personal Services Public Parks 11 Commercial Mixed Use Zones and Zone Regulations| 136 Zoning By-law 5045| March 14, 2022 Permitted Uses Discretionary Uses Public Utility Uses and Structures Recycling Facility Scientific Research and Development Facility/Laboratory Short-Term Rental Accommodation Storage Facility Temporary Use Urban Agriculture, Commercial Urban Agriculture, Community Table 11-5: CS Regulations CS - Regulations Mixed Use Commercial/Institutional Minimum Lot Width 15 m 30 m Maximum Lot Coverage Principal & Accessory Building 50% 50% Maximum Height Principal Building 15 m 15 m Accessory Building 12 m 12 m Minimum Yard Setback (Principal Building) Front Yard 7.5 m 7.5 m Side Yard 3 m 3 m Rear Yard 3 m 3 m Projections into Yards Setbacks Architectural Features for 3 m or greater 1.2 m 1.2 m Architectural Features 1.5 m or less for Side Yard 0.6 m 0.6 m Unenclosed Deck above 0.6 m in Height Front and Rear Yard 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Front Yard 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary 11 Commercial Mixed Use Zones and Zone Regulations| 137 Zoning By-law 5045| March 14, 2022 CS - Regulations Mixed Use Commercial/Institutional Unenclosed Steps 40% reduced setback 40% reduced setback Accessory Structures overhanging eaves 0.6 m 0.6 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Development Regulations a) b) All mechanical equipment, including roof mechanical units, shall be concealed by Screening in a manner compatible with the architectural character of the Buildings, or concealed by incorporating it within the Building roof. c) Lot Development d) For Developments where the Parking Area exceeds 20 spaces the applicant shall demonstrate pedestrian oriented linkages from Principal Building to public transit system. e) Where a Development is located adjacent to a Residential Zone the applicant shall incorporate Landscape and or Screening into the Landscape design to provide adequate buffering and separation from residential Uses. Use Regulations a) Outdoor Storage i Lots for Outdoor Storage or display of automobiles, machinery equipment or construction materials, may be allowed in front of the Principal Building or on a flanking Street side of the Principal Building and subject to the following conditions: 19) the display area must be Hard Surfaced; 20) the area around the display area must be enhanced through the provision of Landscaping; 11 Commercial Mixed Use Zones and Zone Regulations| 138 Zoning By-law 5045| March 14, 2022 21) lighting of the display area is sufficient only to provide for display or attraction and does not direct light off of the display area or to adjacent properties; 22) all advertisement copy must be static and employ no amplified sounds; and 23) Outdoor Storage and trash collection areas shall be located to the rear or side (other than a flanking Street side) of the Principal Buildings and shall be screened from the public view by a solid Fence or other similar Screening. b) Drive-Through i The Development Officer shall require a Site plan that adequately shows vehicle circulation of on-Site automobile-queuing aisles. ii Where possible, the Lot shall be designed to minimize risks from the interaction of automobile-queuing and parking. iii Where a Drive-Through abuts a residential Use, Screening shall be required to mitigate Impacts from noise, traffic and signage. iv All vehicle entrances and exits for the Uses indicated shall be adequately separated with the traffic lanes signed. v All queuing lanes shall be curbed or painted so that the safety and efficiency of on-Site traffic is maximized. vi Queuing of vehicles for Drive-Through activities shall not occur or have any Impact on public roadways; c) Office Use shall not exceed 300 m2. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 11 Commercial Mixed Use Zones and Zone Regulations| 139 Zoning By-law 5045| March 14, 2022 11.3. OT - Old Town Mixed Use Purpose To provide an area for a mix of commercial and residential Use that recognizes and respects the unique features and historical significance of Old Town, but also supports increased tourism and commercial activities. Table 11-6: OT Permitted and Discretionary Uses Permitted Discretionary Accessory Building Hotel Accessory Use Industrial, Light Artisan Studio Institutional - Religious & Educational Facility - Special Care Facility Brewing/Distilling Establishment & Brewpub Medical and Health Services Commercial Entertainment Motel Commercial Recreation Similar Use Commercial Retail Sales and Service Community Resource Centre Convenience Store Day Care Facility Dwelling: - Single Detached - Duplex - In-Home Secondary - Detached Secondary - Factory-Built - Townhouse - Multi-Unit Food and Beverage Services Float Plane Base Home Based Business Institutional - Recreation Facility Marina Mixed Use Office Personal Services Planned Development Public Parks Public Utility Uses and Structures Scientific Research and Development Facility/Laboratory 11 Commercial Mixed Use Zones and Zone Regulations| 140 Zoning By-law 5045| March 14, 2022 Permitted Discretionary Short-Term Rental Accommodation Storage Facility Temporary Use Urban Agriculture, Commercial Urban Agriculture, Community Table 11-7: OT Residential Regulations OT - Regulations Single Detached Dwelling Duplex Dwelling Townhouse/Multi- Unit Dwelling Minimum Lot Width 15 m 15 m (7.5 m subdivided) 15 m (7.5 m subdivided) Maximum Lot Coverage Principal & Accessory Building 50% 50% 50% Maximum Height Principal Building 12 m 12 m 12 m Accessory Building Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Minimum Front Yard Setback (Principal Building) Front Street Access 6 m 6 m 6 m Rear Street Access 3 m 3 m 3 m Minimum Side Yard Setback Principal Building - Interior 2 m 2 m 2 m Principal Building Corner 2.5 m 2.5 m 2.5 m Accessory Building - Interior 1 m 1 m 1 m Accessory Building - Corner No closer to the Lot Line than the Principal Building No closer to the Lot Line than the Principal Building No closer to the Lot Line than the Principal Building Minimum Rear Yard Setback Minimum for a Principal Building 6 m 6 m 6 m Minimum for an Accessory Building 1 m 1 m 1 m 11 Commercial Mixed Use Zones and Zone Regulations| 141 Zoning By-law 5045| March 14, 2022 OT - Regulations Single Detached Dwelling Duplex Dwelling Townhouse/Multi- Unit Dwelling Minimum for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Minimum 2 m for an Outdoor Wood Pellet Boiler Projections into Rear Yard Setback Architectural Features for 3m or greater 1.2 m 1.2 m 1.2 m Architectural Features 1.5 m or less for Side Yard 0.6 m 0.6 m 0.6 m Unenclosed Deck above 0.6 m in Height Front and Rear Yard 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Front Yard 40% reduced setback 40% reduced setback 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary 1 m from the Lot boundary 1 m from the Lot boundary Unenclosed Steps 40% reduced setback 40% reduced setback 40% reduced setback Accessory Structures overhanging eaves 0.6 m 0.6 m 0.6 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m 1 m 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Table 11-8: OT Non-Residential Regulations OT - Regulations Mixed Use Commercial, Hotel/Motel Industrial, Light Minimum Lot Width 15 m 15 m 15 m 11 Commercial Mixed Use Zones and Zone Regulations| 142 Zoning By-law 5045| March 14, 2022 OT - Regulations Mixed Use Commercial, Hotel/Motel Industrial, Light Maximum Lot Coverage Principal & Accessory Building 50% 50% 50% Maximum Height Principal Building 12 m 12 m 12 m Accessory Building Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Less than the Height of the Principal Dwelling Minimum Yard Setback (Principal Building) Front Yard 6 m 6 m 6 m Side Yard 2 m 2 m 2 m Rear Yard 6 m 6 m 6 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m 1 m 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Development Regulations a) Where a Development is located adjacent to a Residential Zone the applicant shall incorporate Landscape and or Screening into the Landscape design to provide adequate buffering and separation from residential Uses. b) Where a Development abuts Great Slave Lake the applicant shall refer to Section 7.12 Shoreline Development of this By-law. c) All mechanical equipment, including roof mechanical units, shall be concealed by Screening in a manner compatible with the architectural character of the Buildings, or concealed by incorporating it within the Building roof. d) Office Use shall not exceed 300 m2. Design Guidelines 11 Commercial Mixed Use Zones and Zone Regulations| 143 Zoning By-law 5045| March 14, 2022 a) Old Town is recognized as a major part of the unique character and personality of Yellowknife and the neighbourhood is characterized by an eclectic rhythm, human scale Streets, and natural features. Development Proposals in Old Town shall consider the following design elements. b) Materials - Materials shall echo existing Façade or cladding materials found in Old Town. i Wood - stained, charred, painted, and unfinished; and metal - galvanized, corrugated tin, and weathered steel are all commonly found elements in Old Town. ii Using recycled materials can replicate an appearance that is suitable with Old Town's eclectic character. iii Extensive Use of synthetic materials are discouraged for Façade or cladding materials. c) Rhythm - Patterns, rhythms and colour can promote the relationship between Old Town Buildings and the pedestrian environment. i Building design shall enhance the streetscape and compliment the characteristics of Old Town by drawing reference to existing Façades and architectural styles. ii Rhythm shall be created within the Building Façade by using recurring architectural elements intermittently while demonstrating an eclectic and varied appearance. iii Vertical and horizontal articulations shall be used to break up the mass of a larger-scale Building. iv The Use of colour to accentuate Building features and create visual interest shall align with in-situ colours from existing Old Town Buildings and the surrounding natural environment. d) Height and Massing - Variations in Building Height and massing add interest to the streetscape and help integrate new Development into the neighbourhood. i Building design shall reflect and complement the varied roofline of Buildings within Old Town. ii Massing of a Building shall be designed so that the pedestrian realm is strongly considered. 11 Commercial Mixed Use Zones and Zone Regulations| 144 Zoning By-law 5045| March 14, 2022 Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 8 - Development Regulations Applicable to Residential Zones. c) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 145 Zoning By-law 5045| March 14, 2022 12. Industrial/Solid Waste Management Use Zones and Zone Regulations 12.1. KL - Kam Lake Purpose To provide an area for commercial, Light Industrial and compatible Uses with Accessory residential Use. Table 12-1: KL Permitted and Discretionary Uses Permitted Discretionary Accessory Building Automobile Wrecker Accessory Residential Dwelling - Single Detached - Detached Secondary - In-Home Secondary - Factory-Built Float Plane Base Accessory Use Food and Beverage Services Animal Services Industrial, Heavy Automobile Sales Kennels Automobile Repair Similar Use Automobile Service Station Transportation Facility Automobile Wash Facility Brewing/Distilling Establishment Cannabis Production & Distribution Card Lock Facility Commercial Recreation Commercial Retail Sales and Service Contractor Services Convenience Store Equipment Rental & Repair Factory-Built Dwelling Sales and Storage Fleet Service Food Production Facility Home Based Business Industrial, Light Office (Accessory Use) Outdoor Storage Outdoor Storage Facility Public Utility Uses and Structures Recycling Facility 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 146 Zoning By-law 5045| March 14, 2022 Permitted Discretionary Scientific Research and Development Facility/Laboratory Storage Facility Temporary Use Urban Agriculture, Commercial Urban Agriculture, Community Workers Accommodation Table 12-2: KL Regulations KL - Regulations All Uses Minimum Lot Width 30 m Flag Lot Minimum 10m for pole portion, minimum 35m for the flag portion Maximum Lot Coverage 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 147 Zoning By-law 5045| March 14, 2022 KL - Regulations All Uses All Buildings including Principal Building, Accessory Residential Building and other Accessory Buildings or Structures 50% Maximum Height Principal Building 15 m Accessory Residential Building 12 m Accessory Building Dwelling attached to an approved Building 15 m Detached Secondary Dwelling No more than 3 m higher than the Principal Building to a maximum of 12 m Minimum Yard Setback (Principal Building) Front Yard 6 m Side Yard 1.5 m Rear Yard 3 m Minimum Yard Setback (Accessory Buildings or Structures) Accessory Residential Building 1 m Outdoor Wood Pellet Boiler 2 m Projections into Rear Yard Setback Architectural Features for 3m or greater 1.2 m Architectural Features 1. 5m or less for Side Yard 0.6 m Unenclosed Deck above 0.6 m in Height front and rear 40% reduced setback Unenclosed Deck less than 0.6 m in Height Front Yard 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary Unenclosed Steps 40% reduced setback Accessory Structures overhanging eaves 0.6 m All Uses Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 148 Zoning By-law 5045| March 14, 2022 KL - Regulations All Uses Minimum Distance Between a Principal Building and Outdoor Wood Pellet Boiler 3 m Non-Residential Development Regulations a) The industrial Uses in this Zone shall be developed to minimize Impacts to surrounding residential Buildings and not cause any disruptive conditions beyond the confines of the Building in which they are located. A minimum 15 m buffer shall be maintained between residential Zoned Lots and Industrial, Light Lots. b) All Outdoor Storage areas shall: i be screened from abutting roads and residential Dwellings on adjacent properties; and, ii Comply with additional regulations in Section 9.2.4 of this By-law. c) Office Use i Shall be related to and accessory to the Principal Use and shall not exceed 20% of the Gross Floor Area of the Principal Structure on-Site. d) Food and Beverage Services: i Brewpubs and other food services are not permitted in association with Brew/Distilling Establishments the Kam Lake zone. Accessory Residential Development Regulations a) No Dwelling unit shall be permitted unless an established Industrial or Commercial Use operating on-Site in the form of a Structure having a minimum Gross Floor Area of 93 m2. b) Accessory Dwellings, including Detached Secondary Dwelling in a detached garage shall: i have direct and separate access to the outside ground level; and ii be serviced with municipal water and sewer. c) Workers Accommodation i Permitted Dwelling Unit types include: Single Detached Dwelling, Factory-Built Dwelling, Detached Secondary Dwelling and Dwelling Unit attached to an approved Building; and 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 149 Zoning By-law 5045| March 14, 2022 ii demonstrate evidence of an established Industrial or Commercial Use operating on the Lot in the form of a Structure having a minimum Gross Floor Area of 93 m2. Other Regulations d) See Section 7 - Development Regulations Applicable to All Zones. e) See Section 8 - Development Regulations Applicable to Residential Zones. f) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 150 Zoning By-law 5045| March 14, 2022 12.2. KLS 1 - Kam Lake South One Purpose To provide land for Development of Commercial Recreation, Dog Lots (Yellowknife Kennels) and Urban Agriculture operations Uses with accessory residential Use. Table 12-3: KLS 1 Permitted and Discretionary Uses Permitted Discretionary Accessory Building Float Plane Base Accessory Residential Dwelling - Single Detached - In-Home Secondary - Detached Secondary - Factory-Built Food and Beverage Services Accessory Use Hotel Commercial Recreation Motel Communication Tower Similar Use Dog Lot (Yellowknife Kennel) Home Based Business Public Utility Uses and Structures Short-Term Rental Accommodation Temporary Use Urban Agriculture, Commercial Urban Agriculture, Community 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 151 Zoning By-law 5045| March 14, 2022 Table 12-4: KLS 1 Regulations KLS 1 - Regulations All Uses Minimum Lot Width 30 m Flag Lot Minimum 10m for pole portion, Minimum 30m for the flag portion Maximum Lot Coverage All Buildings including Principal Building, Accessory Residential Building and other Accessory Buildings or Structures 50% Maximum Height Principal Building 15 m Accessory Residential Building 12 m Accessory Building Detached Secondary Dwelling Above a Garage No more than 3 m higher than the Principal Building to a maximum of 12 m 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 152 Zoning By-law 5045| March 14, 2022 KLS 1 - Regulations All Uses Detached Secondary Dwelling No more than 3 m higher than the Principal Building to a maximum of 12 m Minimum Yard Setbacks (Principal Building) Front Yard 6 m Side Yard 3 m on the other side Side Yard Exceptions 10 m for Dog Lots (Yellowknife Kennels) Rear Yard 3 m Minimum Yard Setbacks (Accessory Building) Accessory Residential Building Accessory Building 1 m Exceptions 10 m for Dog Lots (Yellowknife Kennels) Outdoor Wood Pellet Boiler 2 m Projections into Yard Setbacks Architectural Features for 3 m or greater 1.2 m Architectural Features 1.5 m or less for Side Yard 0.6 m Unenclosed Deck above 0.6 m in Height Front and Rear Yard 40% reduced setback Unenclosed Deck less than 0.6 m in Height Front Yard 40% reduced setback Unenclosed Deck less than 0.6 m in Height Rear Yard 1 m from the Lot boundary Unenclosed Steps 40% reduced setback Accessory Structures overhanging eaves 0.6 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m Exceptions 3 m 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 153 Zoning By-law 5045| March 14, 2022 Accessory Residential Development a) No Dwelling Unit shall be Permitted unless there is an established Principal Use operating on-Site. b) Accessory Dwellings, including a Detached Secondary Dwelling in a detached garage shall: i have direct and separate access to the outside ground level; and ii be serviced with municipal water and sewer. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones b) See Section 8 - Development Regulations Applicable to Residential Zones c) See Section 9 - Development Regulations Applicable to Non-Residential Zones 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 154 Zoning By-law 5045| March 14, 2022 12.3. KLS 2 - Kam Lake South Two Purpose To provide land dedicated for Natural Resource Extraction, Commercial Recreation and Urban Agricultural activities. Table 12-5: KLS 2 Permitted and Discretionary Uses Permitted Discretionary Accessory Building Industrial, Heavy Accessory Use Similar Use Commercial Recreation Composting Facility Communication Tower Natural Resource Extraction Public Utility Uses and Structures Recycling Facility Temporary Use Urban Agriculture, Commercial Urban Agriculture, Community Table 12-6: KLS 2 Regulations KLS 2 Regulations All Uses Minimum Lot Width 30 m Maximum Lot Coverage All buildings including Principal Building, and Accessory Buildings or Structures 30% Maximum Height Principal Building 15 m Accessory Building Less than Principal Building All Yard Setbacks All Buildings 6 m Minimum for an Outdoor Wood Pellet Boiler 2 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 155 Zoning By-law 5045| March 14, 2022 Use Regulations a) Natural Resource Extraction Use applications are subject to additional regulations in Section 9.2.1 of this By-law. Section 12.3.2. b) Added by By-law No. 5079 March 25, 2024 b) A campground shall be permitted on a portion of Lot 3, Block 569, Plan 4219 as identified in Schedule "A" of By-law No. 5079. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones b) See Section 9 - Development Regulations Applicable to Non-Residential Zones 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 156 Zoning By-law 5045| March 14, 2022 12.4. IG - Industrial General Purpose To provide an area for medium to Heavy Industrial Uses including Bulk Fuel Storage, truck staging and Outdoor Storage. Table 12-7: IG Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Animal Services Accessory Use Similar Use Automobile Repair Automobile Sales Automobile Service Station Automobile Wash Facility Automobile Wrecker Brewing/Distilling Establishment Bulk Fuel Storage Cannabis Production & Distribution Card Lock Facility Composting Facility Communication Tower Contractor Services Crematorium Equipment Rental & Repair Factory-Built Dwelling Sales and Storage Fleet Service Industrial, Heavy Industrial, Light Office (Accessory Use) Outdoor Storage Outdoor Storage Facility Public Utility Uses and Structures Recycling Facility Scientific Research and Development Facility/Laboratory Storage Facility Temporary Use Transportation Facility Urban Agriculture, Commercial Warehousing and Distribution 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 157 Zoning By-law 5045| March 14, 2022 Table 12-8: IG Regulations IG - Regulations All Uses Minimum Lot Width 30 m Maximum Lot Coverage All Buildings including Principal Building, and Accessory Buildings or Structures 60% Maximum Height Principal Building 17 m Accessory Building 17 m All Yard Setbacks for all Buildings Front Yard 6 m Rear Yard 3 m Side Yard 1 m Minimum for an Outdoor Wood Pellet Boiler 2 m Minimum Distance Between Principal Building and Accessory Building/Structures or between Accessory Buildings/Structures 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler General Development Regulations a) There shall be a 100 m cleared buffer around a tank farm. No vegetation or Landscaping is allowed. IG Industrial General - Use Regulations a) All Outdoor Storage areas shall: i be screened from abutting roads and residential Dwellings on adjacent properties; ii comply with additional regulations in Section 9.2.4 of this By-law. b) Office Use i Shall be related to and accessory to the Principal Use and shall not exceed 20% of the Gross Floor Area of the Principal Structure on-Site. c) Food and Beverage Services: i Brewpubs and other food services are not permitted in association with Brew/Distilling Establishments the Kam Lake zone. 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 158 Zoning By-law 5045| March 14, 2022 d) Bulk Fuel Storage i Minimum separation distance between Bulk Fuel Storage and land Uses that may not be compatible must follow any applicable regulations related to Bulk Fuel Storage and best practices. e) Site Access i Direct access from the by-pass road is prohibited unless no alternatives exists. ii Access driveways shall have a maximum width of 10 m. iii No more than two driveways shall be permitted. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 159 Zoning By-law 5045| March 14, 2022 12.5. SWM - Solid Waste Management Purpose The Solid Waste Management Zone is an area that is designated for the City's solid waste disposal and will provide the space and allow for appropriate Uses that are necessary for the City to achieve its waste management objectives and diversion targets as set out in the 2018 Strategic Waste Management Plan. Table 12-9: SWM Permitted and Discretionary Uses Permitted Discretionary Accessory Building Industrial, Heavy Accessory Use Similar Use Composting facility Communication Tower Industrial, Light Natural Resource Extraction Office (Accessory Use) Public Utility Uses and Structures Recycling Facility Solid Waste Processing Facility Temporary Use 12 Industrial/Solid Waste Management Use Zones and Zone Regulations| 160 Zoning By-law 5045| March 14, 2022 Table 12-10: SWM Regulations SWM - Regulations All Uses Minimum Lot Width 20 m Maximum Lot Coverage All Buildings including Principal Building, and Accessory Buildings or Structures 60% Maximum Height Principal Building 17 m Accessory Building 17 m All Yard Setbacks for all Buildings Front Yard 6 m Rear Yard 3 m Side Yard 1 m Minimum for an Outdoor Wood Pellet Boiler 2 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Solid Waste Management Use Regulations a) Aggregate Extraction Use applications are subject to additional regulations in Section 9.2.1 of this By-law. b) Offices shall be accessory and related to the Principal Use. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 13 Parks, Recreation and Public Use Zones and Zone Regulations| 161 Zoning By-law 5045| March 14, 2022 13. Parks, Recreation and Public Use Zones and Zone Regulations 13.1. PS - Public Service Purpose To provide land dedicated for major Institutional services and Recreation Facilities that are public or quasi-public in nature. Commercial services that support the public or quasi-public services may also be considered. Table 13-1: PS Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Dwelling - Special Care Residence Accessory Use Commercial Entertainment Artisan Studio Commercial Recreation Day Care Facility Institutional - Special Care Facility - Rehabilitative and Corrective Facility Commercial Retail Sales and Service Hotel Community Resource Centre Similar Use Convention Centre Food and Beverage Services Government Office Institutional - Religious & Education Institutions - Recreation Facility Medical and Health Services Office (Accessory Use) Public Parks Public Utility Uses and Structures Storage Facility Temporary Use Urban Agriculture, Commercial Urban Agriculture, Community 13 Parks, Recreation and Public Use Zones and Zone Regulations| 162 Zoning By-law 5045| March 14, 2022 Table 13-2: PS Regulations PS Regulations Commercial Institutional Hotel Minimum Lot Width Subject to Development Officer Approval Maximum Lot Coverage Principal & Accessory Building 50% 50% 50% Maximum Height Principal Building 15 m 15 m 15 m Accessory Building 12 m 12 m 12 m Minimum Yard Setback Front Yard Subject to Development Officer Approval Side Yard Rear Yard Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m 1 m 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Site Development Regulations a) The Site plan, the relationship between Buildings, Structures and Open Space, the architectural treatment of Building and the emergency vehicle Access shall be subject to approval by the Development Officer. b) All land Use in the Capital Area is subject to the Capital Area Development Plan By-law No. 4940, as amended. c) All mechanical equipment, including roof mechanical units, shall be concealed by Screening in a manner compatible with the architectural character of the Buildings, or concealed by incorporating it within the Building roof. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 13 Parks, Recreation and Public Use Zones and Zone Regulations| 163 Zoning By-law 5045| March 14, 2022 13.2. PR - Parks and Recreation Purpose To provide Parks, Recreation Uses, and facilities for the Use for recreational activities such as organized sports, walking, hiking, and cycling. Includes undeveloped land in its natural state dedicated for public Use. Opportunities for commercial activities that have minimal Impact and directly benefit the public may also be considered. Table 13-3: PR Permitted and Discretionary Uses Permitted Discretionary Accessory Building Campground Accessory Use Cemetery Public Parks Commercial Entertainment Public Utility Uses and Structures Commercial Recreation Recreation Facility Commercial Retail Sales and Service Temporary Use Marina Urban Agriculture, Commercial Similar Use Urban Agriculture, Community Table 13-4: PR Regulations PR- Regulations All Buildings or Structures Maximum Lot Width Subject to Development Officer approval Maximum Lot Coverage Subject to Development Officer approval Maximum Height Subject to Development Officer approval Minimum Front Yard Setback 15 m Side Yard and Rear Yard Setback Not Abutting a Street 7.5 m Abutting a Street 15 m Development Regulations a) Site Development The Site plan, the relationship between the Buildings, Structures and Open Space, the architectural treatment of Buildings, the provision of Landscaping, the parking layout, and emergency vehicle Access shall be subject to approval by the Development Officer. 13 Parks, Recreation and Public Use Zones and Zone Regulations| 164 Zoning By-law 5045| March 14, 2022 b) Site Location The location of a Site to be developed within this Zone and the relationship of the Site to the rest of the City and surrounding area shall be subject to approval by the Development Officer. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 13 Parks, Recreation and Public Use Zones and Zone Regulations| 165 Zoning By-law 5045| March 14, 2022 13.3. NA - Natural Area Purpose To preserve and maintain areas in their natural state by restricting Development, no permanent infrastructure is permitted in this Zone; however, low Impact activities such as Urban Agriculture may be appropriate. Table 13-5: NA Permitted and Discretionary Uses Permitted Uses Discretionary Uses Public Utility Uses and Structures Temporary Use Urban Agriculture, Community Development Regulations a) Trees shall not be cut, felled or removed without prior approval of the Development Officer. b) The design and Development of "Public Utility Uses and Structures" shall be environmentally sensitive having due regard to the natural characteristics and aesthetics of the Lot. During construction, the natural features not directly affected by the Development shall be protected from any damage which may result from construction. The Development Officer shall require restoration of any disturbance to the natural characteristics of a Lot or area resulting from the installation of Public Utility Uses and Structures. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 13 Parks, Recreation and Public Use Zones and Zone Regulations| 166 Zoning By-law 5045| March 14, 2022 13.4. NP - Nature Preservation Purpose To preserve and maintain the natural characteristics of an area, and to allow for community Urban Agriculture activities and limited public outdoor facilities to enhance public Use and enjoyment of the natural characteristics of an area for future generations, by restricting Development. Table 13-6: NP Permitted and Discretionary Uses Permitted Uses Discretionary Uses Public Parks Urban Agriculture, Commercial Public Utility Uses and Structures Urban Agriculture, Community Temporary Use Development Regulations a) All Development is subject to the Development Officer's approval. b) Trees shall not be cut, felled or removed without prior approval of the Development Officer. c) The design and Development of "Public Utility Uses and Structures" shall be environmentally sensitive having due regard to the natural characteristics and aesthetics of the Lot. During construction the natural features not directly affected by the Development shall be protected from any damage which may result from construction. The Development Officer shall require restoration of any disturbance to the natural characteristics of a Lot or area resulting from the installation of Public Utility Uses and Structures. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 14 Special Management Use Zones| 167 Zoning By-law 5045| March 14, 2022 14. Special Management Use Zones 14.1. GM - Growth Management Purpose To control and regulate land Use so that future Development may proceed in an orderly and well planned manner in keeping with the intent of the Community Plan and any applicable Area Development Plan By-law. Table 14-1: GM Permitted and Discretionary Use Permitted Uses Discretionary Uses Accessory Building Natural Resource Extraction Accessory Use Urban Agriculture, Commercial Public Parks Commercial Recreation Public Utility Uses and Structures Marina Temporary Use Similar Use Urban Agriculture, Community Table 14-2: GM Regulations GM - Regulations All Buildings or Structures Maximum Lot Width Subject to Development Officer approval Maximum Lot Coverage Subject to Development Officer approval Maximum Height Subject to Development Officer approval Minimum Front Yard Setback 15 m Side Yard and Rear Yard Setback Not Abutting a Street 7.5 m Abutting a Street 15 m Development Regulations a) All land Use in the Capital Area is subject to the Capital Area Development Plan By-law No. 4940, as amended b) The Site plan, the relationship between the Buildings, Structures and Open Space, the architectural treatment of Buildings, the provision of Landscaping, the parking layout, and emergency vehicle Access shall be subject to approval by the Development Officer. c) Public access to the Shoreline or Natural Boundary of the Water-Body shall be maintained. 14 Special Management Use Zones| 168 Zoning By-law 5045| March 14, 2022 d) Commercial Recreation and Urban Agriculture Uses shall only be located in areas with existing City services, roads and infrastructure; or unless the Use is indicated to be temporary. No permanent Structures for Commercial Recreation activities are permitted while the area is Zoned as Growth Management. e) Trees shall not be cut, felled, or removed without prior written approval of the Development Officer, or pursuant to an approved Development Permit. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zones. 14 Special Management Use Zones| 169 Zoning By-law 5045| March 14, 2022 14.2. AE - Airport Environs Purpose To provide land that supports aviation and related Development at the Yellowknife Airport. Airport Environs In recognition of the jurisdiction and authority of the Government of the Northwest Territories and the Government of Canada over Commissioner's public airport lands forming part of the Yellowknife Airport, as designated in the Commissioner's Public Airport Lands Regulations, R-020-2006, and Federal Lands within the "AE - Airport Environs Zone, all Uses and Development on those Commissioner's public airport lands and Federal lands shall be subject only to the approval of the Government of the Northwest Territories or the Government of Canada, as appropriate. For greater certainty, nothing in this By-law shall apply to the Use or Development of those Commissioner's public airport lands and Federal lands within the 'AE - Airport Environs' Zone. However, Council or the Development Officer, if requested, may provide input respecting any proposed Development on Commissioner's public airport lands or Federal lands within the 'AE - Airport Environs' Zone. Table 14-3: AE Permitted and Discretionary Uses Permitted Discretionary Accessory Building Bulk Fuel Storage Accessory Use Industrial, Heavy Airport Use Similar Use Commercial Retail Sales and Service (Accessory Use) Food and Beverages Services (Accessory Use) Industrial, Light Office (Accessory Use) Public Parks Public Utility Uses and Structures Temporary Use 14 Special Management Use Zones| 170 Zoning By-law 5045| March 14, 2022 Table 14-4: AE Regulations AE - Regulations All Uses Minimum Lot Width 30 m Maximum Lot Coverage All Buildings including Principal Building, and Accessory Buildings or Structures 35% Maximum Height Principal Building 19 m Accessory Building Less than Principal Building All Yard Setbacks for all Buildings Front Yard 7 m Side and Rear Yard 3 m Minimum for an Outdoor Wood Pellet Boiler 2 m Minimum Distance Between Principal Building and Accessory Building/Structure or between Accessory Buildings/Structures 1 m Exceptions Minimum 3 m Between a Principal Building and Outdoor Wood Pellet Boiler Development Regulations a) Site Development - the Site plan, the relationship between Buildings, Structures and Open Space, the architectural treatment of Buildings, the provision of Landscaping, the parking layout, and emergency vehicle Access. b) Special regulations for Development abutting NWT Highway No.3 and Old Airport Road: i Outdoor display of vehicles, machinery, equipment or construction materials may be allowed in front of the Principal Building or on a flanking Street side of the Principal Building and subject to the following conditions: 24) the display area must be Hard Surfaced; 25) the area around the display area must be enhanced through the provision of Landscaping; 26) no lighting of the display area may be employed which directs light off of the display area; and, 14 Special Management Use Zones| 171 Zoning By-law 5045| March 14, 2022 27) all advertisement copy must be static and employ no amplified sounds. ii Outside storage and trash collection areas shall be located to the rear or side (other than flanking Street side) of the Principal Buildings and shall be screened from the public view by a solid Fence or other similar Screening. iii All mechanical equipment, including roof mechanical units, shall be concealed by Screening in a manner compatible with the architectural character of the Buildings, or concealed by incorporating it within a Building roof. iv Any Development will require a 20 m Landscaped buffer area between it and the right of way of NWT Highway No. 3 and Old airport Road; and v Lot area fronting onto NWT Highway No. 3 and Old Airport Road that is not covered with Buildings or parking Development shall be Landscaped pursuant to Section 7.5 of this By-law. Recommended Use Regulations a) Commercial Retail Sales and Services as well as food and beverage Uses shall only be permitted where the applicant can demonstrate that a proposed Development will be engaged in the buying and selling of commodities or supplying of services that are directly related to, or in support of, the aviation industry, airport operation, or to the traveling public utilizing flight services provided by the aviation industry. b) Industrial Uses shall only be permitted where the applicant can demonstrate that a proposed Development will be engaged in the manufacturing, processing, repairing, fabrication or assembly of raw materials and goods, that is directly related to, or in support of, the aviation industry or airport operation. c) Commercial or industrial Uses shall not be permitted based upon the occasional or incidental Use of services provided by the aviation industry in the operation of such a commercial or industrial Use. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zone. 14 Special Management Use Zones| 172 Zoning By-law 5045| March 14, 2022 14.3. NC - Ndilo Community Purpose This Zone recognizes Yellowknives Dene First Nations authority over Ndilo. Permitted and Discretionary Uses All Uses and Developments proposed under this designation shall be subject to approval of the Yellowknives Dene First Nation. Council or the Development Officer may provide input regarding any proposed Development if requested. 14 Special Management Use Zones| 173 Zoning By-law 5045| March 14, 2022 14.4. EH - Environmental Hazard Purpose Land in this Zone is in proximity to the former Giant Mine gold mine site. Land either is contaminated or is being used to support remediation activities. The area will only be used for remediation activities until the remediation is complete. It is anticipated that the City will work with other levels of government to ensure that planned remediation activities pose little risk to City residents. After remediation is complete, the City will re-evaluate opportunities for Development of this area only if it is deemed safe to do so on the advice of remediation experts and legally permitted by higher levels of government. Permitted and Discretionary Uses The current Giant Mine Boat launch is permitted to continue to operate and is open to the public during the remediation. Other Permitted or Discretionary Uses are only those that support remediation activities. 14 Special Management Use Zones| 174 Zoning By-law 5045| March 14, 2022 14.5. SA - Seismological Array Purpose Land reserved for monitoring underground seismic activity. Proposed Development activity falls under the jurisdiction of the Government of Canada. 14 Special Management Use Zones| 175 Zoning By-law 5045| March 14, 2022 14.6. SMR - Special Management Reserve Purpose Land available for future Development to support the needs of the City as it grows. Development in the Special Management Reserve will not be considered unless there is a demonstrated need for land that cannot be accommodated in other Zones. Until such time as land in this Zone is re-designated, primary Uses include passive recreation such as walking, hiking, fishing, snowmobiling, and activities involving all-terrain vehicles. Table 14-5: SMR Permitted and Discretionary Uses Permitted Discretionary Accessory Building Commercial Recreation Accessory Use Natural Resource Extraction Public Parks Similar Use Public Utility Uses and Structures Temporary Use Development Regulations a) Commercial Recreation Uses shall only be low Impact. Pursuant to an approved Development Permit, remote wilderness Structures such as wall-tents or tipis are Permitted as Accessory Buildings or Structures. b) Trail networks can support access to Commercial Recreation Sites, but no City services, roads and infrastructure, are available for access. c) No permanent Structures for Commercial Recreation activities are Permitted while the area is Zoned as Special Management. d) Trees shall not be cut, felled, or removed without prior written approval of the Development Officer, or pursuant to an approved Development Permit. Other Regulations a) See Section 7 - Development Regulations Applicable to All Zones. b) See Section 9 - Development Regulations Applicable to Non-Residential Zones. Schedule 1 - Zoning Map| 176 Zoning By-law 5045| March 14, 2022 Schedule 1 - Zoning Map Amended by By-law No. 5105 May 12, 2025 Amended by By-law No. 5115 October 14, 2025 Amended by By-law No. 5123 March 25, 2026 Amended by By-law No. 5124 March 25, 2026 PR NA PS PR CS PR R1 PR NP R2 PR SMR PS R2 NP R1 IG CS PS PR OT PR CS RC NA RE PR RC PR KL PS RC-1 PR PS PS CS PR GM NP PR R1 PR PS R1 PR PR R1 SMR NP GM PR PR R1 R1 R1 PS OT GM PR R2 NP NP NA PS R1 RC RC I R2 PR R1 RC NP R1 R1 PR KL DT R1 NP PR NA R1 SMR PR PR NA PR PR AE R1 GM NP PR R1 PS KL PR PR NP NP PR RC-1 CS CS CS R1 PR PR R1 PR IG NP PR R1 NP R2 GM RC R1 IG PR PR PR RC-1 PR NC R2 SMR PR GM PR PR PR PR R2 NP R1 RC PR RC-1 PR OT PR CS PR KL PS PR PR PS PR PS R1 NP IG R1 PS NP PR GM PR NA RC-1 R2 R1 SWM GM KL R1 IG RE KLS-1 KLS-2 KLS-1 NP PR PR SMR R1 OT SMR SMR GM GM GM GM SA SA AE AE PR SMR SMR EH PR SMR SMR SMR NP NP PR NA PR NP NP GM SMR GM R1 SMR SMR SMR SMR SMR NP NP NA NA PR EH EH PR RC RC RC1 GM RC GM SA RI-1 RE SWM IG AE Special Management Reserve PR SA NP NP PR R2 R2 PR PR R1 R1 R1 PR PR PR PR R1 PS PR R1 PR PS NP IG PS PR NA NP RC-1 PR NA NP PR R1 NC PR R2 PS PR GM NP R1 PR GM PS PR R1 R1 R1 PR PR PR PR PR PR PR PR PR PR PR PR PR R2 R2 PR R2 PR NP NA R1 PR CS R1 NP PS PR PR PS PS PS DT R1 PS NP PR PR PR NP KL PR R1 PS NP R1 OT R1 GM NP PR CS GM NP NP PS PS NP NP GM CS KLS-2 Special Management Reserve KLS-1 KLS-1 NP AE NA NP KLS-1 GM Special Management Reserve RC-1 RC-1 RE NP PR PR PR RC PR Special Management Reserve PR NA GM EH GM GM GM GM GM RC RC RC RC-1 RC-1 RC RC RC RC RC RC SA Akaitcho Interim Land Withdrawal ZoningCode AE CS DT EH GM IG KL KLS-1 KLS-2 NA NC NP OT PR PS R1 R2 RC RC-1 RE SA SWM Special Management Reserve <all other values> New zones Land Use Zones AE-Airport Environs CS-Commercial Service DT-Downtown EH-Environmental Hazard GM-Growth Management KL-Kam Lake KLS-1-Kam Lake South One KLS-2-Kam Lake South Two NA-Natural Area NC-Ndilo Community NP-Nature Preservation PR-Parks and Recreation PS-Public Service R1-Low Density Residential R2-Medium Density Residential RC-Residential Central RC-1 - Residential Central One RE-Residential Estate SA-Seismological Array SWM-Solid Waste Management OT-Old Town Mix IG-Industrial General SMR-Special Management Reserve additionalparcel 0 1 2 0.5 Kilometers S:\GIS_data\2021\PLANNING_DEVELOPMENT_LANDS\2021_05_14_Zoning_ByLaw_Mapping\2021_05_14_Zoning_ByLaw_Mapping.aprx Schedule #1 Zoning Map Schedule #1 Zoning Map *Yellowknife Zoning By-law No. 5045 Schedule #1 - As Amended By: By-law No Zone Amended Date MDY 5124 PR to OT 3/25/26 5123 NA to RC 3/25/26 5105 PR to RI-1 5/12/25 5115 PR to RI-1 10/14/25 Schedule 2 - Parking Standard Areas Map| 177 Zoning By-law 5045| March 14, 2022 Schedule 2 - Parking Standard Areas Map S:\GIS_data\2021\PLANNING_DEVELOPMENT_LANDS\2021_05_14_Zoning_ByLaw_Mapping\2021_05_14_Zoning_ByLaw_Mapping1.aprx MORRISON DR. 44 ST. 49 ST. 52 ST. 53 ST. 51 ST. 47 ST. 54 ST. 48 ST. 46 ST. NIVEN DR. TAYLOR RD. 50A AVE. 44 ST. 51 AVE. FORREST DR. 44 ST. FRANKLIN AVE. (50 AVE.) CON RD. 50 ST. MORRISON DR. 45 ST. N.W.T. HIGHWAY NO. 4 54 AVE. 51A AVE. 55 ST. RYCON DR. WILEY RD. 57 ST. 54 AVE. MATONABEE ST. 49A AVE. MCDONALD DR. BURWASH DR. HAENER DR 52 AVE. MITCHELL DR. RYCON PLACE INGRAHAM DR. CON PLACE 49 AVE. STOUT RD. BOFFA DR. 41 ST. LANKY CRT. 53 AVE. RESERVOIR RD. PILOT'S LN. BRETZLAFF DR. MCAVOY RD. RAGGED ASS RD. HAMILTON DR. SISSONS CRT. 43 ST. PTARMIGAN RD. DRISCOLL RD FORREST DR. NORTH LUNDQUIST RD. 42 ST. 41A ST. TRAILS END CRES. PRIMROSE LN. FORREST PK. LESSARD DR. ALBATROSS CRT. 44 ST. 48 ST. OTTO DR. 52 AVE. RYCON DR. DAKOTA CRT 49 ST. BRYSON DR. NIVEN DR. HAENER DR de WEERDT DR 47 ST 45 ST SCH OOL DRA W AVE. NIVEN GATE SCHOOL DRAW AVE. N.W.T HIGHWAY NO. 4 GITZEL ST. GITZEL ST. NIVEN DR. 49 AVE. 44 ST. TAYLOR RD. CON RD. VETERANS MEMORIAL DR. BALL ANT YNE CRT. LE MA Y D R. HAMILTON DR. KNUTSEN LN. HERSHMAN RD. BROCK RD. NEGUS PL. HARRIETS LN. HEARNE HILL RD. 46 ST. PHINNEY CRT. 56 ST. RYCON DR. MOYLE DR. MOYLE DR. FINDLAY PT. STIRLING CRT. MCMAHON CRT. LYONS PT. ANDERSON THOMSON BLVD FRANKLIN AVE. (50 AVE.) 0 0.5 1 Kilometers Schedule 3 - Certificate of Compliance| 178 Zoning By-law 5045| March 14, 2022 Schedule 3 - Certificate of Compliance 1. For the purpose of this Schedule, Certificate of Compliance means a document which may be issued by a Development Officer, upon written request and payment of the required fee, confirming compliance with the regulations of this By-law. A Certificate of Compliance shall not operate as a Development Permit nor shall it approve any Variance to the Yard regulations of this By-law not previously approved. 2. A Certificate of Compliance will be issued provided that: a) The Building has been located on-Site in accordance with the Yards specified in Development Permits which may have been issued for the Site; and b) The Development has taken place in conformance with the issued Development Permit and all conditions of approval, if any, have been fully complied with. 3. Buildings will be considered Legal Non-Conforming as per Section 4.3 of this By- law, 'Legal Non-Conforming Uses, Structures and Lots'. For greater clarity, this means the Building has met all conditions of the Development Permits issued for the Site, but the Yard requirements do not conform to those set out in this By- law. A Certificate of the Compliance can be issued for such a Building with 'Legal Non-Conforming' indicated on the certificate. 4. Every request for Certificate of Compliance shall be in writing and shall include sufficient information to determine conformance with this By-law, including: a) Legal description and property address; b) Use and occupancy of all parts of the Lot and Building; c) Signature of the registered Landowner or authorized agent; d) The application fee as set out in accordance with Fees and Charges By-Law No. 4436, as amended; and e) A Real Property Report signed and sealed by a Canada Land Surveyor, in duplicate at an appropriate metric scale, showing details of Development and the relation to Lot boundaries so that compliance with regulations may be determined. Schedule 3 - Certificate of Compliance| 179 Zoning By-law 5045| March 14, 2022 5. Where a Real Property Report submitted is in excess on one year old, an Affidavit or Statutory Declaration must be submitted stating the accuracy of the survey as representative of the current situation on the Site, and that there are no changes since the date of the original survey. 6. A Development Officer shall not approve an application for a Certificate of Compliance if necessary details of the Development have not been included with the application. The application shall be deemed not to be complete until all required information has been submitted. 7. Where a request for a Certificate of Compliance is approved, the Real Property Report will be stamped as complying and a certificate will be issued. The Certificate of Compliance is issued solely on the information shown on the Real Property Report, the information contained in the files of the Planning and Lands Division and information provided to the Development Officer in the application.