Arctic Bay Zoning By-law No. 145-2017 (2023 Draft)
Arctic Bay, Nunavut
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ARCTIC BAY
ZONING BY-LAW
BY-LAW NO. 145-2017
2023
DRAFT
SCHEDULE 2
ZONING BY-LAW
Arctic Bay Zoning By-law No. 145-2017
Table of Contents
i
Table of Contents
TABLE OF CONTENTS .................................................................................................................. I
SECTION 1 - INTRODUCTION & INTERPRETATION ................................................................ 2
PURPOSE ................................................................................................................................................. 2
DEFINED AREA ........................................................................................................................................ 2
SCOPE ...................................................................................................................................................... 2
VALIDITY ................................................................................................................................................... 2
ESTABLISHMENT OF ZONES.................................................................................................................. 2
INTERPRETATION OF ZONING BOUNDARIES ...................................................................................... 2
SECTION 2 - DEFINITIONS .......................................................................................................... 3
INTERPRETATION ................................................................................................................................... 3
DEFINITIONS ............................................................................................................................................ 3
SECTION 3 - ADMINISTRATION ............................................................................................... 12
POWERS OF COUNCIL .......................................................................................................................... 12
DEVELOPMENT OFFICER ..................................................................................................................... 12
DEVELOPMENT PERMIT ....................................................................................................................... 13
NON-CONFORMING USES AND BUILDINGS ....................................................................................... 14
DEVELOPMENT PERMIT SUBMISSION REQUIREMENTS ................................................................. 14
NOTICE OF DECISION ........................................................................................................................... 15
EXPIRY OF DEVELOPMENT PERMIT ................................................................................................... 16
ENFORCEMENT ..................................................................................................................................... 16
DEVELOPMENT APPEAL BOARD ......................................................................................................... 16
ZONING BY-LAW AMENDMENTS ......................................................................................................... 17
SECTION 4 - COMPLIANCE WITH OTHER REGULATIONS ................................................... 19
BUILDING PERMIT ................................................................................................................................. 19
NUNAVUT WATER BOARD, CROWN-INDIGENOUS RELATIONS AND NORTHERN AFFAIRS
CANADA, AND DEPARTMENT OF FISHERIES AND OCEANS CANADA .............................................. 19
NUNAVUT PLANNING COMMISSION (NPC) AND NUNAVUT IMPACT REVIEW BOARD (NIRB) ....... 19
LEGAL LAND TENURE ........................................................................................................................... 20
AIRPORT ZONING REGULATIONS ....................................................................................................... 20
SCIENTIFIC INSTALLATIONS ................................................................................................................ 20
ARCHAEOLOGICAL SITES .................................................................................................................... 20
GRANULAR RESOURCES ..................................................................................................................... 21
SECTION 5 - GENERAL PROVISIONS ...................................................................................... 22
ACCESSORY BUILDING ........................................................................................................................ 22
BED AND BREAKFAST ........................................................................................................................... 22
BUILDING TO BE MOVED ...................................................................................................................... 22
DAY CARE FACILITIES .......................................................................................................................... 23
DISTANCE FROM WATERCOURSES ................................................................................................... 23
FENCES .................................................................................................................................................. 23
FRONTAGE ON A STREET .................................................................................................................... 23
FRONTAGE ON CURVES ....................................................................................................................... 23
HEIGHT ................................................................................................................................................... 23
HOME OCCUPATION ............................................................................................................................. 24
LOADING SPACE REQUIREMENTS ..................................................................................................... 24
LOTS DIVIDED INTO MORE THAN ONE ZONE..................................................................................... 24
Arctic Bay Zoning By-law No. 145-2017
Table of Contents
ii
MINOR VARIANCE ................................................................................................................................. 25
MULTIPLE USES ON A LOT ................................................................................................................... 25
NON-CONFORMING BUILDING OR USE .............................................................................................. 25
PARKING REQUIRMENTS ..................................................................................................................... 26
PERMITTED PROJECTIONS INTO YARDS ........................................................................................... 26
RESTORATION TO A SAFE CONDITION .............................................................................................. 27
SATELLITE DISHES ............................................................................................................................... 27
TEMPORARY CONSTRUCTION USES PERMITTED ........................................................................... 27
UTILITIES ................................................................................................................................................ 27
WATERSHED OVERLAY ........................................................................................................................ 28
YARD REGULATIONS ............................................................................................................................ 28
SECTION 6 - ZONE REGULATIONS .......................................................................................... 29
RESIDENTIAL (R) ................................................................................................................................... 29
COMMUNITY/COMMERCIAL (C) ........................................................................................................... 31
INDUSTRIAL (M) ..................................................................................................................................... 32
OPEN SPACE (OS) ................................................................................................................................. 34
ENVIRONMENTAL RESERVE (ER) ....................................................................................................... 34
GRANULAR RESOURCES (GR) ............................................................................................................ 35
MUNICIPAL RESERVE (MR) .................................................................................................................. 35
WASTE DISPOSAL (WD) ........................................................................................................................ 35
TRANSPORTATION (T) .......................................................................................................................... 36
NUNA (N) ................................................................................................................................................. 36
WATERSHED OVERLAY (WO) .............................................................................................................. 37
SECTION 7 - FORMS .................................................................................................................. 38
FORM A - APPLICATION FOR DEVELOPMENT PERMIT ................................................................................. 39
FORM B - APPLICATION FOR HOME OCCUPATION ...................................................................................... 42
FORM C - DEVELOPMENT PERMIT & NOTICE OF APPROVAL ....................................................................... 44
FORM D - NOTICE OF DEVELOPMENT PERMIT REFUSAL ............................................................................. 45
FORM E - NOTICE OF APPEAL HEARING .................................................................................................... 46
FORM F - NOTICE OF APPEAL DECISION ................................................................................................... 47
FORM G - STOP WORK NOTICE ................................................................................................................ 48
FORM H - USE OF LAND IN VIOLATION OF ZONING BY-LAW NOTICE ............................................................ 49
FORM I - APPLICATION FOR AMENDMENT TO ZONING BY-LAW .................................................................... 50
FORM J - REQUEST FOR VARIANCE .......................................................................................................... 51
SECTION 1 - INTRODUCTION & INTERPRETATION
PURPOSE
1.1
This By-law
(a) Divides the Municipality into zones of permitted land use classes;
(b) Prescribes and regulates each zone for the purposes for which buildings
and land may be used; and
(c)
Prescribe and regulate standards for related development matters such as
landscaping, parking and others, in the interests of amenity and safety.
Arctic Bay Zoning By-law No. 145-2017
Introduction & Interpretation
2
DEFINED AREA
1.2
This By-law applies to all lands and buildings within the Municipal Boundaries of
the Hamlet of Arctic Bay.
SCOPE
1.3
No land shall be used and no development shall take place within the Hamlet of
Arctic Bay except in conformity with the provisions of this By-law.
VALIDITY
1.4
Should any section, clause or provision of this By-law be held by a court of
competent jurisdiction to be invalid, the validity of the remainder of the By-law
shall not be affected.
ESTABLISHMENT OF ZONES
1.5
For the purpose of this By-law, the Hamlet of Arctic Bay is divided into the
following zones as indicated on the map (schedule 3 of this by-law) and as
follows:
Residential (R)
Waste Disposal (WD)
Commercial/Community Use (C)
Transportation (T)
Open Space (OS)
Municipal Reserve (MR)
Industrial (M)
Granular Resources (GR)
The extent and boundaries of all zones are delineated on Schedule 3 entitled
"Community Plan Map", which specify the zoning provisions applying to particular
lands.
INTERPRETATION OF ZONING BOUNDARIES
1.6
If there is any uncertainty as to the location of the boundary of a zone, the
Development Officer or the Regional Community Planner shall interpret the Land
Use Map to determine the boundary line based on the centerline of a public road,
a surveyed lot line, or an unsurveyed lease sketch.
Arctic Bay Zoning By-law No. 145-2017
Definitions
3
SECTION 2 - DEFINITIONS
INTERPRETATION
2.1
Typical uses listed in the definitions as examples are not intended to be exclusive
or restrictive. Reference should be made to the Community Plan and the intent
or the definition of the use in determining whether or not a use is included within
a particular definition.
DEFINITIONS
2.2
In this By-law:
"ABUT" means a lot line that has any point in common with another lot line.
"ACCESSORY BUILDING" means a building that is separated from the principal
building or structure on the lot and is secondary to, and normally associated with the
main use and located on the same lot and includes garages, workshops, sheds, and
shipping containers. Accessory uses cannot be used for human habitation. See section
5.1.
"ACCESSORY USE" means the use of a building or a lot which is normally subordinate
and incidental to the main use of the building and located on the same lot with such
main use or lot.
"ACT" means the Planning Act. RSNWT, 1988 c.P-7 as amended.
"AIRPORT" means an area of land, water (including the frozen surface thereof) used
for or intended to be used for the arrival and departure, movement or servicing of
aircraft. It includes any building, installation or equipment in connection therewith, and
for which an airport certificate has been issued.
"APPELLANT" means a person who has served a notice of appeal on the
Development Appeal Board.
"ARCHAEOLOGICAL ARTIFACT" means any tangible evidence of human activity
that is more than 50 years old and in respect of which an unbroken chain of possession
or regular pattern of usage cannot be demonstrated, and includes a Denesuline
archaeological specimen referred to in section 40.4.9 of the Nunavut Land Claims
Agreement.
"ARCHAEOLOGICAL SITE" means a site where an archaeological artifact is found.
Arctic Bay Zoning By-law No. 145-2017
Definitions
4
"AUTOMOTIVE GAS BAR" means an establishment, other than an auto repair outlet,
where motor vehicle fuel and other liquids necessary for the operation of a vehicle are
sold to the public, and may include the sale of convenience items.
"AUTOMOTIVE REPAIR, SALES OR RENTAL SHOP" means the use of a site or
building where automotive vehicles may be repaired, serviced, stored for rental, sale or
display.
"BEACH SHACKS" mean a building that is in or within close proximity to beach areas
and is used for harvesting purposes or other purposes related to the owners'
participation in the land-based economy. Beach Shack are not to be used for human
habitation. Beach Shacks shall not exceed 20 m² (190 sq. ft.) in gross floor area.
"BED & BREAKFAST" means single detached dwelling in which there is a resident
owner or resident manager who provides overnight accommodation and meals for the
traveling public.
"BUILDING" means any structure, erection, stockpile, sign or fixture built or placed on
land.
"BUILDING SUPPLY AND CONTRACTORS SHOP" means an establishment
engaged in the selling of building supplies such as lumber, millwork, siding, roofing,
plumbing, electrical, heating, air conditioning or home improvements and/or for persons
employed in building trades such as painting, plumbing, electrical work, masonry, metal
working and carpentry or truck, bulldozer, loader and backhoe operating.
"CARETAKER UNIT" means a dwelling used for the accommodation of a person
employed as a caretaker, janitor, manager, watchman, security guard or superintendent
by an industrial or community services use operating on the site.
"CEMETERY" means land primarily used for interment of human remains.
"COMMERCIAL RECREATION" means any building, structure or premises with
athletic or entertainment facilities for commercial purposes.
"COMMERCIAL VEHICLE" means any vehicle, which is licensed as a commercial
carrier as determined by the Registrar of Motor Vehicles.
"COMMUNICATIONS FACILITY" means an installation which transmits, receives
and/or relays communications such as a microwave or satellite relay tower, cellular
telephone tower, aircraft communications tower, radio or television broadcast tower or
similar facility. A communications facility includes the antennae or transmit/receive
equipment, a support structure or tower, and a small building to shelter equipment.
"COMMUNITY FREEZER" means a thermally insulated building, maintained at a
subfreezing temperature to freeze and store food for the community's use.
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Definitions
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"COMMUNITY HALL OR CENTRE" means any building, structure or premises where
facilities are provided for athletic, civic, educational, political, religious or social events
and are controlled by the Municipality or the Government of Nunavut, or an agent
thereof. This definition includes an arena, gymnasium, swimming pool, theatre, library,
or similar uses.
"CONDITIONAL USE" means a conditional use listed in a specific zone that may be
permitted by Council or the Development Officer, where delegated, after consideration
of the impact of that use upon neighbouring land and other criteria listed in the specific
zone or other sections of this By-law.
"CONVENIENCE STORE" means a development used for the retail sale of goods
required by area residents or employees on a day-to-day basis. A Convenience Store
may include small food stores, drug stores or variety stores selling confectionery,
tobacco, groceries, beverages, pharmaceutical and personal care items, hardware, or
printed material.
"COUNCIL" means the Council of the Hamlet of ARCTIC BAY.
"CRAFT STUDIO" means the workplace of an artist or craftsman, including a carver,
painter, or photographer, where small personal goods such as jewelry or fine art such
as portraits or carvings are produced in small quantity or to special order, for sale at
retail from the premises.
"DAY CARE CENTRE" means an establishment for the care and supervision of
children during the day.
"DAY HOME" means a home-based business providing child care but the total number
of children including those living in the residences does not exceed eight or that number
allowed by Nunavut Child Care regulations.
"DEVELOPMENT" means the carrying out of any construction, excavation, or any
operation in, on, over, or under land, or the making of any changes in the use or in the
intensity of use of any land or building.
"DEVELOPMENT OFFICER" means an official of the municipality, appointed by
Council to assist Council to administer this By-law.
"DEVELOPMENT PERMIT" means a certificate of document permitting a development.
It includes plan(s) or drawing(s) specifications and may contain relevant documents.
"DOG TEAM" means three (3) or more dogs trained to be harnessed together and
used for recreational or commercial purposes or in the maintenance of a subsistence
lifestyle.
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Definitions
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"DWELLING" means a building or part of a building, occupied or capable of being
occupied as a home or residence by one or more persons, but shall not include a hotel,
a motel, apartment hotel, or hostel.
"DWELLING UNIT" means a separate set of living quarters designed or used as a
housekeeping unit for one or more people and usually containing cooking, sleeping, and
sanitary facilities.
"DWELLING, SINGLE-UNIT" means a separate detached building consisting of
one dwelling.
"DWELLING, MINI HOME" means any dwelling, which is premanufactured and
designed to be transported to the lot as one integral unit, and for the purposes of
this by-law shall include a mobile home.
"DWELLING, MULTI-UNIT" means a building other than a Rowhouse Dwelling
that contains 3 or more dwelling units divided either vertically or horizontally and
which may have independent or combined entranceways.
"DWELLING, ROWHOUSE" means a building that is divided vertically into three
or more dwelling units, each of which may be located on a separate lot and each
of which has independent entrances to a front and rear yard immediately abutting
the front and rear walls of the unit.
"DWELLING, SEMI-DETACHED" or "DUPLEX" means a building that is
divided either vertically or horizontally into 2 dwelling units.
"EDUCATIONAL FACILITY" means a place of instruction, including classrooms,
seminar rooms and similar installations, and may include residences.
"ELDERS FACILITY" means a building or part of a building, which is used or intended
to be used to provide housing and care for three or more elderly persons who are
provided living and sleeping facilities, meal preparation, personal care, supervision, or
assistance essential for sustaining the activities of daily living.
"ERECT" means to build, construct, reconstruct, alter, locate, or relocate and without
limiting the generality of the foregoing, shall be taken to include any preliminary physical
operation such as excavating, grading, piling, cribbing, filling and structurally altering
any existing building or structure by an addition, deletion, enlargement or extension.
"EXISTING," means in existence on the effective date of this By-law.
"FENCE" shall mean a wall (other than the wall of a building), gate or other barrier
constructed of wood, masonry, metal or combination thereof, which is continuous
throughout its entire length, save and except for access points.
Arctic Bay Zoning By-law No. 145-2017
Definitions
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"FUEL STORAGE FACILITY" means a tank, container or enclosure used for the bulk
storage of gas and/or liquid and/or solid fuels.
"GENERAL PLAN" means the General Plan of the Hamlet of Arctic Bay know as the
Arctic Bay Community Plan.
"GRADE" means with reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior of such building and when used with
reference to a structure, shall mean the average elevation of the finished grade of the
ground immediately surrounding such structures.
"GROSS FLOOR AREA" means the sum of the area of each floor of a building as
measured from the outermost perimeter of the building, and excludes mechanical
space.
"GROUP HOME" means a residence where persons live under supervision and who,
by reason of their emotional, mental, social or physical condition or legal status, require
a group living arrangement for their well-being. The home is licensed and/or approved
under Territorial Statutes and in compliance with Municipal By-laws.
"HAZARDOUS GOODS" means any of the following:
-
explosives and pyrotechnics
-
gases (either compressed, deeply refrigerated, liquefied, or dissolved
under pressure)
-
flammable and combustible liquids
-
flammable solids
-
oxidizing substances and organic peroxides
-
poisonous and infectious substances
-
corrosives and
-
other miscellaneous substances of similar nature
"HEALTH CARE FACILITY" means an establishment used by qualified medical
practitioners and staff for the provision of medical and health care on an outpatient
basis. This term refers to such uses as medical or dental offices, occupational health
and safety offices, physiotherapy services, counseling services, chiropractic services
and ancillary clinic counseling services, but does not include veterinary services.
"HOME OCCUPATION" means any occupation, trade, profession, personal service,
day care or craft carried on by an occupant of a residential building as a secondary use
to the residential use of the building.
"HOTEL" means a commercial building or buildings providing temporary
accommodations for travelers or transients on a year-round basis, and may have a
public dining room.
"LOADING SPACE" means an area of land providing and maintained upon the same
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Definitions
8
lot or lots upon which the main use is located and which has adequate access to permit
ingress and egress by means of driveways, aisles or maneuvering areas and which is
used for the temporary parking of a commercial motor vehicle while merchandise of
materials are being loaded or unloaded from the vehicles.
"LOT" or "PARCEL" means an area of land, which is described on a registered plan,
or described on a certificate of title, or described by a lease agreement.
"LOT, CORNER" means a lot situated at the intersection of, and abutting on, two or
more streets.
"LOT, INTERIOR" means a lot other than a corner or through lot.
"LOT, THROUGH" means a lot bounded on two opposite sides by streets that are
parallel or approximately parallel.
"LOT AREA" means the total horizontal area within the lot lines of a lot.
"LOT LINE" means a common line between a lot and an abutting lot, lane, street, parcel
of land or body of water.
"LOT LINE, FRONT" means the line dividing the lot from the street or other
means of access, and
i) in the case of a corner or through lot - the shorter lot line abutting the street
shall be the front lot line, and where such lot lines are of equal length, the lot
line where the principal access to the lot is provided shall be the front lot line.
ii) in the case of a lot, which has one of its boundaries the shoreline of a lake or
the bank of a river - the lot facing the access road shall be deemed to be the
front lot line.
"LOT LINE, SIDE" means a lot line other than a front or rear lot line.
"LOT LINE, INTERIOR SIDE" means a side lot line that does not abut a street.
"LOT LINE, EXTERIOR SIDE" means a side lot line that abuts a street.
"LOT LINE, REAR" means the lot line farthest from or opposite to the front lot
line.
"MAIN BUILDING" means the building in which is carried on the principal purpose or
purposes for which the lot is used.
"MAIN WALL" means the exterior front, side or rear wall of a building.
Arctic Bay Zoning By-law No. 145-2017
Definitions
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"MUNICIPALITY" means the Hamlet of Arctic Bay.
"NON-CONFORMING" means a use, building, or structure that was lawfully
constructed, or under construction, on the effective date of this By-law, and which now
does not conform to the uses and/or provisions of this By-law.
"OFFICE" means a room or rooms where business may be transacted, a service
performed or consultation given but shall not include the manufacturing of any product
or the retail selling of goods.
"OUTDOOR STORAGE" means the storage of merchandise, goods, inventory,
materials or equipment or other items, which are not intended for immediate sale, by
locating them on a lot exterior to a building.
"PARKING LOT" means any parking area other than a parking area that is accessory
to a permitted use and located on the same lot. A parking lot does not include the
storage of motor vehicles.
"PARKING SPACE" means an area for the temporary parking or storage of a motor
vehicle.
"PERMITTED USES" Means a use permitted by this by-law.
"PERSON" includes an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent, and the heirs, executors or other
legal representatives of a person to whom the context can apply according to law.
"PERSONAL SERVICE" means a business that provides personal grooming or health
services, such as hair salon, tailor shop, dry cleaning, laundry, or similar use.
"POWER GENERATION FACILITY" means a building, structure or lot used to produce
energy by combustion, such as gas, coal, or fuel burning plants. It does not include
small-scale renewable energy facilities (e.g. wind turbine, solar photovoltaic arrays, tidal
and ocean current power systems) that have a power rating of 15 kW or less. These
small-scale facilities fall under the definition of UTILITY INSTALLATION.
"QUARRY" means the excavation, processing, and stockpiling of gravel, stone, sand,
earth, clay fill, or other similar substances.
"RESTAURANT" means a building or part of a building where foods and beverages are
offered for sale to the public, for consumption within the premises or off the site. This
includes licensed restaurants, cafes, lunchrooms, and take-out restaurants.
"RETAIL STORE" means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered for sale directly to the public at
retail value and shall include minor food processing and packaging in connection with
Arctic Bay Zoning By-law No. 145-2017
Definitions
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the sale of food products.
"SECONDARY SUITE" means a self-contained dwelling unit with a dedicated cooking
area, bedroom(s), and washroom, created by either interior renovation within the
existing home, or as an exterior addition to the house, provided that all one entire face
of the addition is attached to the principal dwelling and is architecturally consistent with
the principal dwelling, and shall not be considered a second dwelling on the lot for the
purposes of this By-law.
"SERVICE SHOP" means a building or part of a building used for the sale and repair of
household articles and shall include all replacement shops, radio, television and
appliance repair shops but shall not include industrial uses or manufacturing or vehicle
repair shops.
"SETBACK" means the right-angled distance from a lot line or street boundary to the
nearest part of a main building on the lot.
"SIGN" means any object or device intended for the purpose of advertising or calling
attention to any person, matter, thing, or event and includes posters, notices, panels,
boarding and banners.
"STREET OR ROAD" means the whole and entire right-of-way of every road allowance
in the Hamlet of Arctic Bay.
"STREET LINE" means the boundary line of a street.
"STRUCTURE" means anything that is erected or constructed, either temporary or
permanent, the use of which requires location on the ground or attachment to
something on or in the ground.
"TANK FARM" means the use of land, building or structures for the storage and
distribution of fuels, oils, propane and other petroleum gases where the storage tank or
tanks are above ground.
"TEMPORARY" means such time limit as may be set by the Council for a specific use.
In a case where no time limit is set, "temporary" shall mean no more than 60
consecutive days, unless otherwise indicated.
"UTILITY" means any component of electrical power, cable television, or
telecommunication systems.
"UTILITY INSTALLATION" means the actual building plant, works, utility line, tower,
transmitter, relay, receiver, pedestal or other equipment used to make or deliver a utility
product, commodity or service but does not include a power generation facility as
defined in this By-law. The definition of utility installation includes renewable energy
generation systems with a power rating of 15 kW or less.
Arctic Bay Zoning By-law No. 145-2017
Definitions
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"VARIANCE" means an alteration or change to a standard prescribed by this bylaw.
"WAREHOUSE" means a building used primarily for the storage of goods and
materials. It also includes a centre for distribution of wholesale goods and commodities
to retailers, professional users or other wholesalers.
"WASTE DISPOSAL SITE" means a place where ashes, garbage, refuse, domestic
waste, industrial waste, municipal refuse, and sewage is disposed of or dumped.
"WATERCOURSES" means any lake, river, stream, ocean, or other body of water.
"YARD" means part of a lot upon which no structure is erected above grade.
"YARD, FRONT" means the area extending across the full width of a lot from the front
lot line to the nearest wall of any main building or structure on the lot.
"YARD, REAR" means the area extending across the full width of a lot from the rear lot
line to the nearest wall of any main building or structure on the lot.
"YARD, INTERIOR SIDE" means the area extending across the full length of a lot
between an interior side yard to the nearest main wall of any building on the lot.
"YARD, EXTERIOR SIDE" means the area extending across the full length of a lot
between an exterior side yard to the nearest main wall of any building on the lot.
"ZONE" means a land use category as defined and regulated in this By-law and as
shown on its Schedule.
All other words and expressions have the meanings respectively assigned to them in
the Planning Act.
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Compliance with Other Regulations
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SECTION 3 - ADMINISTRATION
POWERS OF COUNCIL
3.1
Review and render decisions on development applications presented to it by the
Development Officer, having regard for the regulations of this By-law and the
provisions of the Community Plan.
3.2
No building may be erected in the municipality in respect of which, in the opinion
of the Council, satisfactory arrangements have not been made for the supply of
electric power, streets or other services or facilities.
3.3
Review and render decisions on applications for re-zoning and/or other
amendments presented to it by the Development Officer.
3.4
Specify the length of time that a permit may remain in effect for a temporary use;
and
3.5
Carry out other such duties as may be prescribed in this By-law.
DEVELOPMENT OFFICER
3.6
The Hamlet Council shall appoint a Development Officer as an authorized Officer
of Council.
3.7
The Council will authorize the Development Officer to perform the following
duties:
(a)
Receive all applications for development pursuant to this By-law;
(b)
Exercise, on behalf of Council, the powers of Council under section 20
(Unauthorized Construction) of the Planning Act;
(c)
Keep and maintain for inspection by the public during normal office hours
the following official records:
(i)
A copy of this By-law and all the amendments thereto;
(ii)
A register of all applications for development, home occupations, and
amendments and all decisions made regarding all applications.
(d)
Carry out other duties as may be prescribed in this By-law;
(e)
Receive and review applications for Development Permits, amendments
and variances to this By-law;
(f)
Prepare a report to Council regarding applications for Development
Permits, amendments and variances to this By-law;
(g)
Approve, approve with conditions, or refuse Development Permit
applications, subject to the authority provided by Council, for sheds and
Arctic Bay Zoning By-law No. 145-2017
Compliance with Other Regulations
13
shacks, or other similar types of accessory buildings.
(h)
Issue Notice of Decisions subject to the provisions of this By-law;
(i)
Request Council to revoke or suspend a Development Permit where the
permit holder is in breach of this By-law or of conditions of a Development
Permit;
(j)
Carry out any inspection on lands or premises necessary to enforce this
By-law.
(k)
Keep and maintain a record of Council resolutions establishing boundaries
of zoning areas.
(l)
Ensure that copies of this By-law are obtainable by the public at a
reasonable charge.
DEVELOPMENT PERMIT
3.8
No person or agency shall undertake development without a Development Permit
3.9
No Development Permit shall be issued for development that is in contravention
of this By-law.
3.10 The approval of a Development Permit shall not relieve the permit holder from
constructing in accordance with the National Building Code, the National Fire
Code, and all Federal and Territorial Regulations.
3.11 The approval of a Development Permit shall not exempt any person or agency
from complying with the requirements of any other by-law in force within the
Municipality of Arctic Bay or to obtain any license, permission, or permit required
by municipal, territorial and federal legislation.
3.12 All development requires a Development Permit except for the following:
(a)
For grading or landscaping where the cutting or filling is less than 1 meter
and provided that the drainage of the surrounding area is not affected;
(b)
Traditional and cultural activities including the establishment of a trap line,
non-commercial tent camps and cabins in the Nuna land;
(c)
Minor repairs, painting, decorating, or landscaping, provided that no
person's health or safety is endangered or completion of a development
approved for or under construction on the effective date of this by-law;
(d)
Minor repairs or renovations that do not increase the floor space of the
building, but does not exempt anyone from informing the Office of the
Chief Building Official of their plans;
(e)
A temporary building or structure associated with construction, unless
such building or structure is used for human habitation.
(f)
The installation, maintenance and repair of public works, services and
utilities carried out by or on behalf of Federal, Territorial, Municipality or
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Public authorities on land which is publicly owned or controlled;
(g)
Temporary election campaign signs and signs not exceeding 1 square
meter in size.
(h)
Decks or open porches in the Residential Zone that meet all provisions of
this By-law.
NON-CONFORMING USES AND BUILDINGS
3.13 A non-conforming use of land or building may be continued; but if that use is
discontinued for a period of six (6) consecutive months or more, any future use of
the land or building shall conform to the provisions of this By-law.
3.14 A non-conforming use of part of a building may be extended throughout the
building but the building, whether or not it is a non-conforming building, shall not
be enlarged or added to and no structural alterations shall be made thereto or
therein.
3.15 A non-conforming use of part of a lot shall not be extended or transferred in
whole or in part to any other part of the lot and no additional buildings shall be
erected upon the lot while the non-conforming use continues.
3.16 A non-conforming building may continue to be used but the building shall not be
enlarged, added to, rebuilt or structurally altered except:
(a)
As may be necessary to make it a conforming building; or
(b)
As the Development Officer considers necessary for the routine
maintenance of the building.
3.17 If a non-conforming building is damaged or destroyed to the extent of more than
seventy-five (75) percent of the value of the building above its foundation, the
building shall not be repaired or rebuilt except in accordance with this By-law.
3.18 The use of land the use of a building is not affected by reason only of a change
of ownership or tenancy of the land or building.
DEVELOPMENT PERMIT SUBMISSION REQUIREMENTS
3.19 A complete application form for a Development Permit must be submitted to the
Development Officer. The Development Officer may reject an incomplete
application.
3.20 Every application shall be accompanied by:
(a)
The required application fee calculated as follows:
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Development Permit Application Fees
Development Value
Application Fee(s)
Up to $9,999
$50
$10,000 to $19,999
$75
Over $20,000
$75 plus $2.50 for each additional $1,000,
to a maximum of $250 for residential
projects and a maximum of $500 for non-
residential projects.
All accessory uses
$25
(i)
Notwithstanding the application fees as set out above, any
development(s) proposed by the Municipality, or
developments that will be owned by the Municipality, are
exempt from Development Permit application fees.
(b)
A site plan drawn to scale in metric units and showing:
(i)
The location of existing buildings;
(ii)
All legal dimensions of the lot(s);
(iii) The location and dimensions of surrounding lots and buildings;
(iv) Plans of the proposed buildings showing dimensions;
(v)
Proposed front, rear, and side yard setbacks;
(vi) Access points to property;
(vii) The location of outdoor fuel storage facilities;
(viii) The location of water and sewer connections;
(ix) The location of water and sewage storage tanks; and
(x)
The location of existing watercourses.
(c)
Signed copies of a deed, lease, or reserve agreement for the land.
(d)
If the person applying for the Development Permit is not the Owner, then
documentation is required from the Owner indicating that the person is the
Owner's duly authorized agent.
(e)
The Development Officer may request additional information, at his/her
discretion.
NOTICE OF DECISION
3.21 Each application shall be considered by Council or the Development Officer as
required, and shall be either approved with or without conditions, or refused, with
written reasons provided for the refusal.
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3.22 An application for a development permit shall be deemed to be refused when a
decision on the application is not made within 40 days after receipt of the
application in its complete and final form by the Development Officer or the
Council and the person affected as a result of that may appeal in writing to the
Appeal Board as though the person had received a refusal at the end of the 40-
day period. When an application is approved, the Development Officer will within
3 business days of the date of decision post a Notice of Decision conspicuously
on the lot for which the application has been approved and in the Hamlet Office.
3.23 When a Variance has been granted, the Development Officer will within 3
business days of the date of decision send a Notice of Decision to adjacent
property owners.
3.24 The Development Permit does not become effective until 14 days after the Notice
has been posted or mailed, and where no appeal of the decision has been filed,
and where the relevant conditions of development approval have been met.
EXPIRY OF DEVELOPMENT PERMIT
3.25 A Development Permit shall become void if:
(a)
The development is not completed within 2 years of the date of Notice of
Decision; or
(b)
The development has not commenced after 1 year of the date of Notice of
Decision; or.
(c)
If there has been any violation of this By-law or of any conditions in the
permit.
ENFORCEMENT
3.26 Anyone violating any provision of this By-law or conditions of a Development
Permit is liable to a fine of $500 plus $100 for every day the offence continues,
as specified in Section 34 of the Planning Act and Sections 105,106,107 and 108
of the Hamlets Act.
DEVELOPMENT APPEAL BOARD
3.27 Any decision of the Development Officer or Council pursuant to this by-law may
be appealed.
3.28 In accordance with Sections 21 and 22 of the Planning Act, Council shall
establish a Development Appeal Board and by resolution appoint one Council
member and two community residents as members of the Development Appeal
Board. Members will be appointed for a 3 year consecutive term. The
Development Appeal Board will not include employees of the Hamlet.
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3.29 Anyone claiming to be affected by a decision of Council under this By-law may
appeal in writing to the Appeal Board within 14 days of the mailing or posting of a
Notice of Decision.
3.30 Where an appeal is made by a person claiming to be affected by the approval of
an application for development, a Development Permit which has been granted
shall not come into effect until the appeal has been dealt with and the permit
confirmed, modified or nullified thereby.
3.31 Upon receiving in writing an appeal, the Development Appeal Board shall:
(a)
Hold a hearing with a minimum of 3 Board members within 30 days from
the receipt of the appeal, upon determining that the appeal is based on
planning grounds;
(b)
Ensure that reasonable notice of the hearing is given to the applicant and
all persons who, in the opinion of the Board, may be affected;
(c)
Allow the Development Officer and every person concerned with the
opportunity to be heard, to submit evidence and to hear the evidence of
others;
(d)
Consider the circumstances and merits of each case and consider the
purpose and scope and intent of the Community Plan and the provisions
of this By-law;
(e)
Confirm, reject or vary the decision appealed and impose such conditions
as it considers necessary under the circumstances; and
(f)
Take minutes of the hearing and render its decision in writing to the
parties involved within 60 days of the hearing date.
3.32 Where a member of the Development Appeal Board has an interest in an
application for a Development Permit that is being appealed, they shall be
subject to the provisions of the Conflict of Interest Act.
3.33 A decision of the Board is final and binding on all parties, subject only to an
appeal upon a question of jurisdiction or law to the Supreme Court.
ZONING BY-LAW AMENDMENTS
3.34 A person who seeks to have this By-law amended shall submit an application to
Council with the following:
(a)
A copy of their lease or certified true copy of their certificate of leasehold
title;
(b)
A fee of two hundred and fifty dollars ($250.00);
(c)
Any information as may be required by Council.
RULES OF INTERPRETATION
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3.35 uses listed in the definitions as examples are not intended to be exclusive or
restrictive. Reference should be made to the intent, impact and definition of the
use in determining whether or not the type of use proposed is consistent with the
examples listed.
3.36 Where a specific use does not conform to the wording of any use definition or
generally conforms to the wording of two or more definitions, a Development
Officer may use their discretion to determine which definition of use type is most
similar in terms of character and purpose.
INSPECTION OF PREMISES
3.37 The Development Officer, or his or her delegate, may enter and inspect a
property if there is reason to believe that the land, building or structure has been
erected, altered, enlarged or used in violation of any of the provisions of this By-
law.
VIOLATIONS AND PENALTIES
3.38 In the case of any lot being used, any building or structure being erected, altered,
reconstructed, demolished, extended or part thereof in contravention of any
provision of this By-law, or a permit issued under this By-law, the Development
Officer, by written notice, may require the cessation of such contravention.
3.39 Where a person has been served written notice and fails to comply with its
requirements, the Development Officer or designated officials may enter the
property and carry out the work required by the notice and recover the resulting
expense from the owner by action.
3.40 Any person who undertakes or permits development on land without a
Development Permit or without complying with conditions of a Development
Permit is guilty of an offence and liable on summary conviction to a fine. Each
day of violation shall constitute an offence.
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SECTION 4 - COMPLIANCE WITH OTHER REGULATIONS
4.1
Nothing in this By-law shall exempt any person from complying with the
requirements of any other by-law in force within the Municipality of Arctic Bay, or
to obtain any license, permission, or permit where authority or approval is
required by any other by-law of the Municipality of Arctic Bay or any statute or
regulation of the Government of Nunavut or the Government of Canada.
4.2
Where the provisions in this by-law conflict with those of any other municipal,
federal or provisional regulations, by-laws or codes, the higher or more stringent
requirement shall prevail.
BUILDING PERMIT
4.3
Once the Development Permit has been issued and posted for fourteen (14)
days, the Applicant shall forward the approved Development Permit, as well as
all documentation associated with the development proposal, to the Chief
Building Official, for procurement of a Building Permit. No construction of a new
building shall take place without first obtaining a Building Permit.
NUNAVUT WATER BOARD, CROWN-INDIGENOUS RELATIONS AND NORTHERN
AFFAIRS CANADA, and DEPARTMENT OF FISHERIES AND OCEANS CANADA
4.4
The Nunavut Water Board (NWB), Crown-Indigenous Relations and Northern
Affairs Canada (CIRNAC), and Fisheries and Oceans Canada (DFO) must
approve projects proposing to use or dispose of waste into water, including
proposals to partially or fully fill a waterbody. This applies to waterbodies that are
0.5 hectares or greater and/or waterbodies that are connected to other
waterbodies.
4.5
The Habitat Protection Provisions of the Fisheries Act address the impact of a
work or undertaking on fish and fish habitat, such as the partial or complete filling
of fish habitat (e.g. culvert installation, dock installation, pond infilling). As DFO
administers the Habitat Protection Provisions, it is DFO's role and responsibility
to review and approve works in and around water with the mandate of protecting
fish and fish habitat.
NUNAVUT PLANNING COMMISSION (NPC) AND NUNAVUT IMPACT REVIEW
BOARD (NIRB)
4.6
Any project proposal that not exempted for screening, according to Schedule 12-
1 of the Nunavut Agreement, must be submitted to the NPC. The project
proponent uses NIRB's Proponent's Guide - NIRB Technical Guide to determine
if screening is required.
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4.7
In accordance with the Nunavut Planning and Project Assessment Act, NPC will
subsequently forward project proposals that are identified in the above-noted
guide and/or that have negative cumulative impacts.
The project proponent will comply with NIRB's screening process, the proponent
will not initiate the project until a Project Certificate is received from NIRB, and
the proponent must follow the terms and conditions in the Project Certificate.
LEGAL LAND TENURE
4.8
Before a Development Permit can be issued on a new undeveloped lot, the
owner of the proposed improvements must obtain legal land tenure or a letter of
permission-to-occupy until such time that lease documents can be executed.
AIRPORT ZONING REGULATIONS
4.9
Any land use must be compliant with the Arctic Bay Airport Zoning Regulations.
All development proposals adjacent to airport property, as well as other
development proposals that could potentially interfere with airport operations
require review and approval by Nunavut Airports prior to construction.
SCIENTIFIC INSTALLATIONS
4.10 Development should not interfere with the operation of scientific installations,
such as telecommunications, radar, and meteorological stations. All development
proposals which could potentially interfere with such installations require review
and approval by the appropriate Territorial and Federal Departments.
ARCHAEOLOGICAL SITES
4.11 Whenever archaeological artifacts are found during construction, construction
activities should stop immediately and the find reported immediately to the
Development Officer and the Territorial Archaeologist at the Department of
Culture and Heritage. All development must comply with the Nunavut
Agreement, Sections 33 and 34, and the Nunavut Archaeological and
Palaeontological Sites Regulations. Maps on file outlining the municipality's
archaeology resource inventory should be consulted prior to initiating
development to ensure development does not conflict with recorded
archaeological sites.
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GRANULAR RESOURCES
4.12 Except where provided for within the Land Administration By-law, no person shall
strip, excavate or otherwise remove granular material for sale or for use from a
lot or other parcel of land.
4.13 Where, in connection with the construction of a building or structure, there is an
excess of granular material other than that required for grading and landscaping
on a lot, such excess may be removed for sale or use.
4.14 A Municipal Quarry Permit is required to remove any granular material. The
Nunavut Impact Review Board must review the development of new quarries
prior to the Municipality issuing any Quarry Permits for these areas.
GENERAL SANITATION REGULATIONS
4.15 Any Land must be compliant with the General Sanitation Regulations of the
Public Health Act. All development proposals for residential uses and uses
involving food storage or food preparation proposed within 450 m of an active
waste disposal site, require review and approval from the Environmental Health
Officer prior to the issuance of a development permit.
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SECTION 5 - GENERAL PROVISIONS
ACCESSORY BUILDING
5.1
Accessory uses, buildings, and structures shall be permitted in any zone but
shall:
(a)
For the total gross floor area of all accessory buildings on the lot, not
exceed 50% of the gross floor area of the main building. This total
includes both permitted and non-conforming accessory uses;
(b)
Not be used for habitation except where a dwelling is a permitted
accessory use;
(c)
Not be used for the keeping of animals other than household pets;
(d)
Not be built closer to the front or exterior side lot line than the minimum
distance required for the main building
(e)
Not be located closer than 2 metres to any interior side or rear lot line;
(f)
Exceed one-half the height of the main building or exceed a height of 5
meters in a residential zone; and
(g)
Exceed 40 square meters in any Residential Zone.
BED AND BREAKFAST
5.2
Where permitted, Bed and Breakfasts shall conform to the following
requirements:
(a)
The bed and breakfast lodging forms part of a single unit dwelling.
(b)
The number of bedrooms devoted to the use shall not exceed 4 in
number;
(c)
No sign in connection with the use shall exceed 0.75 square meters in
area nor exceed one in number.
(d)
On street parking shall be prohibited.
(e)
The use should conform to all Building and Fire Codes.
BUILDING TO BE MOVED
5.3
No building, residential or otherwise, shall be relocated without obtaining a
Development Permit.
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DAY CARE FACILITIES
5.4
Where Day Cares are permitted under this By-law, all day care centers or home
day cares must comply with Fire Protection Regulations, the Child Day Care Act,
and the Child Standards Regulations, as amended.
DISTANCE FROM WATERCOURSES
5.5
No development shall be permitted within 30.5 meters of a watercourse except
subject to terms and conditions of the Hamlet Council.
FENCES
5.6
No fences are permitted in residential zones. Fences may be permitted in
industrial, airport and community service zones but would be subject to terms
and conditions set out by the Council.
FRONTAGE ON A STREET
5.7
No Development Permit shall be issued except where the lot has frontage on a
street or road. Exceptions are made where specifically provided for in this By-
law.
FRONTAGE ON CURVES
5.8
Where the front lot line of any lot is a curved line or when the sidelines of a lot
are not parallel, the minimum front lot line shall be a minimum of 10 meters.
HEIGHT
5.9
When used with reference to a building or structure, is the vertical distance
between the average finished grade and a horizontal plane through either:
(a)
the highest point of the roof in the case of a building with a flat roof;
(b)
the average level of a sloped roof, provided that such a roof has a slope of
less than 20 degrees, or;
(c)
the average level between eaves and ridges in the case of a pitched
gambrel mansard or hipped roof.
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5.10 The height of buildings and structures in the vicinity of airports are regulated by
Airport Zoning Regulations. Refer to section 4.9.
5.11 Where height limitations are set forth in this By-law, such limitations shall not
apply to artworks and cultural structures (e.g. Inukshuks), aids to navigation or
aviation, antennae, bulk storage tanks, chimneys, church steeples, clock towers,
communication facilities, electrical supply facilities, fire towers, flagpoles, lighting
standards, lightning rods, mechanical equipment penthouses, skylights, solar
panels, stacks, water tanks, or windmills. Notwithstanding the foregoing,
limitations prescribed by a Federal Ministry or other Authority with respect to
height limitations and appropriate lighting in the vicinity of airfields shall prevail.
HOME OCCUPATION
5.12 Where a home occupation is permitted under this By-law, a home occupation is
subject to the following requirements:
(a)
Does not change the residential character of the lot by creating problems
with noise, traffic, outdoor storage, or other nuisance;
(b)
Does not employ more than 2 people who do not live in the dwelling;
(c)
Does not show any evidence that there is a business in the dwelling unit
except for a sign no bigger than 0.3 square meters (3 square feet);
(d)
No more than 25% of the gross floor area of the dwelling shall be used for
a home occupation.
LOADING SPACE REQUIREMENTS
5.13 Every building or structure in a non-Residential zone involving the frequent
receiving, loading or unloading of goods, merchandise and raw materials shall
provide off-street space for such vehicles to stand and for loading and unloading.
LOTS DIVIDED INTO MORE THAN ONE ZONE
5.14 If any lot contains multiple zones, the zoning regulations associated with the
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zone containing the largest area of the lot area shall prevail.
MINOR VARIANCE
5.15 Where a development does not conform with the site regulations, Council may
vary the regulations of development in accordance with the following:
DEGREE OF RELAXATION
Residential Zones
Other Zones
Front Yard
25%
Discretion of Council
Side Yard
25%
10%
Rear Yard
25%
10%
MULTIPLE USES ON A LOT
5.16 In any zone, where any land or building is used for more than one use, all
provisions of the By-law related to each use shall be satisfied, except where
otherwise provided.
NON-CONFORMING BUILDING OR USE
5.17 5.16 This By-law cannot be used to prevent the use and development of land
that had been lawfully established or has a valid Development Permit or was
under construction at the time this by-law was enacted. Non-conforming uses
are subject to the following regulations:
(a)
the non-conforming use may be transferred to a new owner or occupant;
(b)
the non-conforming building may be enlarged up to 20 percent of the
gross floor area of the building, as it existed at the date this By-law came
into effect, as long as the enlargement does not increase the extent to
which the building is non-conforming;
(c)
if a non-conforming building or use of land is discontinued for twelve
consecutive months, the future use shall conform with this By-law;
(d)
If more than 50% of a non-conforming building or use is accidentally
destroyed, any new use or building must conform to this By-law.
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PARKING REQUIRMENTS
5.18 In any zone and when any new development is proposed, including a change of
use of existing development, or when any existing development is substantially
enlarged or increased in capacity, provision shall be made for off-street vehicular
parking.
5.19 Parking shall be required for any use, building or structure in accordance with the
following standards and such parking shall be accessory to a permitted use and
located on the same lot as the use:
(a)
Residential - 1 parking space per dwelling unit
(b)
Residential in a non-Residential building - 1 parking space per 2 dwelling
units
(c)
Institutional, Schools - 1 space for every 3 people working on site
(d)
Commercial, Other - 1 space per 75 sq.m. gross floor space
(e)
Industrial - 1 space for every 3 people working on site
(f)
Open Space - Discretion of Development Officer or Council.
5.20 Each required standard parking space shall be 6.0m in length and 2.7m wide.
5.21 For a required parking area of more than 6 spaces, at least one space for every
15 spaces must be a designated disabled space. A disabled space shall be
6.0m in length and 3.7m wide.
5.22 Adequate access to and exit from individual parking space shall be provided at
all times by means of unobstructed manoeuvring aisles.
5.23 Any lighting proposed to illuminate off-street parking areas shall be located and
arranged so that all direct rays of light are directed upon the parking area only
and not on any adjoining properties.
5.24 Parking space and wheelchair ramps shall be provided for barrier free access as
required by the Development Officer or Council and for the following:
(a)
Public and quasi-public buildings;
(b)
Places of public assembly, education, recreation or entertainment with or
without a charge for admission;
(c)
Business or commercial establishment; and
(d)
Transportation terminals or depots.
PERMITTED PROJECTIONS INTO YARDS
5.25 Despite any other provision to the contrary, the following features and other
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similar features are permitted to project from a principal building into a required
yard in accordance with the following table:
Object
Permitted projection into
any required yard
Minimum distance
from lot line
Canopies or awnings
1.5 metres
3 metres
Solar panels, heat pump or similar
equipment
1 metre
3 metres
Unenclosed balconies or stairways,
including a fire escape
1.5 metres
3 metres
Unenclosed porches, decks and
steps
3 metres
3 metres
RESTORATION TO A SAFE CONDITION
5.26 Nothing in this By-law shall prevent the strengthening or restoring to a safe
condition of any building or structure.
SATELLITE DISHES
5.27 Satellite dishes shall not be permitted between the building and the street line.
However, in the case of absolute necessity where hills, walls of a neighboring
building, electrical wires, or any other similar obstruction limits the reception by
the dish, it may be attached to the front of a building. In such cases, the Hamlet
Council shall be the authority that provides the required authorization. Ground-
mounted satellite dishes shall not be permitted in the Residential Zone.
TEMPORARY CONSTRUCTION USES PERMITTED
5.28 Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure, which is accessory to construction in progress,
such as a mobile home, tool or maintenance shed, trailer, sea container or
scaffold, provided that a Development Permit for the main use has been issued
and the temporary use is discontinued and removed within 30 days following
completion of construction.
UTILITIES
5.29 Structures or buildings required by the Hamlet of Arctic Bay or any public utility
corporation to provide utility services may be permitted in any zone, provided that
such structures or buildings comply with all applicable statutes, regulations,
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standards, codes and agreements. Structures such as utility poles, utility lines
and pipelines are exempt from the minimum yard setback and maximum building
height provisions of this by-law.
WATERSHED OVERLAY
5.30 Lands subject to the Watershed Overlay may not be developed with uses
permitted by the underlying Zone unless it can be demonstrated that the
development will have no impact on the Hamlet water supply.
5.31 Despite Section 5.29, uses accessory to the supply of water such as a pipeline, a
pumping or monitoring station or a road are permitted.
YARD REGULATIONS
5.32 No person shall keep or permit in any part of the yard in any residential zone:
(a)
Any more than two dismantled vehicles for more than six months and such
vehicles shall be stored out of public view;
(b)
Any object or chattel which, in the opinion of the Development Officer is
unsightly or tends to adversely affect the amenities of the district;
(c)
Any excavation, storage, or piling up of materials required during the
construction stage unless all necessary safety measures are undertaken.
5.33 No person shall keep or permit on any site any buildings, or structures or portions
thereof, rubbish or other things that may constitute, in the opinion of the
Development Officer, a fire hazard, or hazard to safety or health.
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SECTION 6 - ZONE REGULATIONS
RESIDENTIAL (R)
6.1
Uses
Permitted Uses
Conditional Uses
Dwelling, single detached
Bed and Breakfast
Dwelling, semi-detached or duplex
Craft Studio
Dwelling, Rowhouse
Day-care Centre, Home Day Care
Park or Playground
Dwelling, multi-unit
Accessory buildings and uses,
subject to Section 5.1
Dwelling, mini-home
Elders' facility
Group home
Home Occupation
Secondary suite
6.2
Zone Requirements
(a)
The following provisions applies to all development in the Residential
Zone:
Setbacks (minimum)
Front
6 metres
Rear
6 metres
Rear, backing onto an Open Space Zone
2.5 metres
Side (Interior)
6 metres
Side (Exterior)
4 metres
Building Height (maximum)
8.5 metres(28 feet)
(b)
Despite the provisions of Section 6.2(a), for semi-detached dwellings or
rowhouse dwellings located on separate, adjacent lots, the side yard
where units are attached may be reduced to zero metres.
(c)
Parking or storage of a commercial vehicle having a gross vehicle weight
of 4,500 kg or construction equipment including bulldozers, backhoes,
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high hoes, and pay loaders is not permitted.
(d)
The following provisions will apply to Secondary Suites:
(i)
The suite forms part of a single unit or semi-detached dwelling;
(ii)
The suite is structurally attached or located within the principal
dwelling;
(iii)
The suite does not exceed a floor area of 25% of the principal
dwelling, or 60m² of gross floor area, whichever is less; and,
(e)
Any development within the Transportation Influence Zone as indicated on
the Land Use Map shall be subject to the approval of NAV Canada.
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COMMUNITY/COMMERCIAL (C)
6.3
Permitted Uses
Permitted Uses
Conditional Uses
Church
Accessory Dwelling Unit for Staff
Commercial Recreation
Automotive Gas Bar
Community freezer
Cemetery
Community Hall or Centre
Contractor's shop
Convenience Store
Dwelling unit(s) in a non-residential
building provided that the dwelling
unit(s) are above the ground floor.
Craft Studio
Home occupation
Day care Centre
Uses similar in character and
purpose to those listed for this zone
Educational facility
Elder's facility
Fire Hall
Government Office
Group Home
Health care facility
Hotel
Office
Park or Playground
Parking lot
Personal service
Police station
Post Office
Restaurant
Retail store
Service shop
Accessory buildings and uses,
Subject to Section 5.1
6.4
Zone Requirements
(a)
The following provisions applies to all development in the Community
Services Zone:
Setbacks (minimum)
Front
6 metres
Rear
6 metres
Side (Interior)
6 metres
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Side (Exterior)
4 metres
Building Height (maximum)
10.7 metres(35 feet)
(b)
All storage areas and parking lots shall be screened from any adjacent
residential zone to the satisfaction of the Development Officer or Council.
(c)
A covered or screened area for garbage and outdoor storage is required.
(d)
Any development within the Transportation Influence Zone as indicated on
the Land Use Map shall be subject to the approval of NAV Canada.
INDUSTRIAL (M)
6.5
Uses
Permitted Uses
Conditional Uses
Automotive gas bar
Hazardous goods storage
Automotive repair, sales and/or
facility
Manufacturing plant
Outdoor storage
Building supply or contractors shop
Power Plant
Communications Facility
Tank Farm
Contractor's Yard
Craft Studio
Caretaker's unit, subject to Section
4.15
Greenhouse
Outdoor Storage
Service and Repair Shop
Warehouse
Accessory buildings and uses,
Subject to Section 5.1
6.6
Zone Requirements
(a)
The following provisions applies to all development in the Industrial Zone:
Setbacks (minimum)
Front
6 metres
Rear
8 metres
Side
8 metres
Building Height (maximum)
10.7 metres (35 feet)
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(b)
Hazardous goods storage or tank farm uses shall not be permitted within
30.5 meters of any watercourse.
(c)
Goods or materials shall be kept in a neat and orderly manner or suitably
enclosed by a fence, screen or wall to the satisfaction of the Council.
(d)
The Development Officer or Council may prescribe screening or a buffer
area for uses which involve extensive outdoor storage or goods,
machinery, vehicles, building materials, waste materials and other similar
uses.
(e)
All storage, freight or trucking yards shall be enclosed or completely
screened by buildings, fences, a combination thereof to provide effective
visual barrier from the ground to a height of 2.0 meters.
(f)
Any development within the Transportation Influence Zone as indicated on
the Land Use Map shall be subject to the approval of NAV Canada.
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OPEN SPACE (OS)
6.7
Uses
Permitted Uses
Conditional Uses
Beach Shacks
Boat Storage
Communications facility
Dock
Campsites
Monument, Cairn and/or Statue
Small Craft Harbour
Uses similar in character and purpose to
those listed for this zone
Park or Playground
Snow Fence
Sports field and/or Recreational facilities
Washroom facility
Temporary outdoor storage of sealift equipment
during sealift
Shed to store equipment for traditional, cultural
and recreational activities taking place in the
zone
6.8
Zone Requirements
(a)
The following provisions applies to all development in the Open Space
Reserve Zone:
Gross Floor Area (maximum)
Building Height (maximum)
25 sq.m.
3.1 metres(10 feet)
(b)
No building or structure shall be located closer than 10m to any side or
rear lot line.
ENVIRONMENTAL CONCERN OVERLAY (EC)
6.9
Zone Requirements
(a)
The Environmental Concern Overlay identifies land that is vulnerable to
calamities due to natural (landslides) and/or human activity that can result
in damage and/or destruction of infrastructure. Such catastrophe can
sometimes lead to injury of human and possibly death.
(b)
No development of any form or degree is permitted in the EC Zone.
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GRANULAR RESOURCES (GR)
6.10 Uses
Permitted Uses
Conditional Uses
Quarry
6.11 Zone Requirements
(a)
Any development within the Transportation Influence Zone as indicated on
the Land Use Map shall be subject to the approval of NAV Canada
MUNICIPAL RESERVE (MR)
6.12 Zone Requirements
(a)
The Municipal Reserve Zone identifies lands that may be suitable for
future development. Temporary uses may be permitted and require
Council approval. Council's priority is to protect these areas for future
development.
WASTE DISPOSAL (WD)
6.13 Uses
Permitted Uses
Conditional Uses
Waste Disposal Site
Sewage Treatment System and/or
Lagoon
Metal Dump
6.14 Zone Requirements
(a)
No residential development or commercial development involving food
storage, handling or preparation shall be permitted within 450 meters of an
active waste disposal site.
(b)
No human habitation shall be permitted within 450m of an active waste
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disposal site.
(c)
A landscaped buffer with a minimum of 3.0 meters or a fence of at least
2.0 meters in height shall be provided for every facility located in this zone.
(d)
Any development within the Transportation Influence Zone as indicated on
the Land Use Map shall be subject to the approval of NAV Canada.
TRANSPORTATION (T)
6.15 Uses
Permitted Uses
Conditional Uses
Airport and related uses
Outdoor Storage
Communications facility
Warehouse
6.16 Zone Requirements
(a)
Any development within the Transportation Influence Zone as indicated on
the Land Use Map shall be subject to the approval of NAV Canada.
NUNA (N)
6.17 Permitted Uses
Permitted Uses
Conditional Uses
Dog Team Outdoor Pound
Communications facility
Temporary Tenting or Camping
Beach shack
Cemetery
Commercial Harvesting
Permanent hunting & fishing cabins or
camps
Snow Fence
Tourist facilities
Wind turbine
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6.18 Zone Requirements
(a)
Any development within the Transportation Influence Zone as indicated on
the Community Plan Map shall be subject to the approval of NAV Canada.
(b)
No development is permitted within:
a.
150 metres downwind of any snow fence without the approval of
council; and 200 metres of a wind turbine.
WATERSHED OVERLAY (WO)
6.19 Permitted Uses
Water Pump-out Station and accessory uses related to Water Supply
6.20 Zone Requirements
(a)
No development is permitted in the Watershed Overlay unless for the
benefit of supplying water.
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SECTION 7 - FORMS
Form A
Application for Development Permit;
Form B
Application for Home Occupation;
Form C
Development Permit and Notice of Approval;
Form D
Permit - Notice of Refusal;
Form E
Notice of Appeal Hearing;
Form F
Notice of Appeal Decision;
Form G
Stop Work Notice
Form H
Use of Land is in Violation of the Arctic Bay Zoning By-law Notice.
Form I
Application for Amendment to the Zoning By-law
Form J
Variance Application
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Describe the proposed development:
FORM A - Application for Development Permit
APPLICATION FOR DEVELOPMENT PERMIT
Permit No.:
Date:
Application Fee:
(see Section 3.20a)
I hereby make application under the provisions of the Zoning By-law for a Development Permit, in
accordance with the plans and supporting information submitted herewith and which form part of this
application.
Applicant:
P.O. Box No.:
Telephone Number:
Legal Description of Lot:
Lot No:
Plan No.
Sketch No.:
Lessee or Private Land Owner:
P.O. Box No.:
Telephone number:
Lease Number:
Letter of Permission to Occupy File No.:
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Current Use and Zoning:
Current use of the lot:
Current Zoning:
Cost and Completion time:
Date of Completion:
Estimated cost of the project:
Date of Commencement:
ZONING REGULATIONS:
Proposed Setbacks:
Front Yard:
Interior Side Yard(s):
Rear Yard:
Exterior Side Yard:
Height of Proposed Building:
Number of Parking Spaces proposed:
Fire Spatial distance from adjacent buildings:
North side: South side: East side: West side:
I hereby give my consent to allow all authorized person(s) the right to enter the above land and/or
buildings, with respect to this application only.
Date:
Signature of Applicant:
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Development Permit Applications shall be accompanied by the following
information:
1) Site Plan. See Section No. 3.20(b).
2) Certificate from Nunavut Impact Review Board approving a proposed industrial
development.
3) Approval from the Water Board and Fisheries and Oceans Canada (DFO) if the
project requires filling or altering a water body.
4) Letter from Nunavut Airports approving the project, if the project is near an airport.
5) A letter requesting a Variance, if the proposed project does not meet the exact
zoning regulations.
6) If a Variance or Terms and Conditions are required by the Hamlet Council, a letter
from the Applicant will be required stating the adjacent land owners and lessees
have been notified of the proposed development.
I certify that I will abide by the above conditions after I have received a Development
Permit, knowing that failure to do so will result in cancellation of the Development
Permit and possible further action taken by the Hamlet of Arctic Bay.
Signature of Applicant Date
If the applicant is not the Registered Owner or Lessee of the Property, please submit a
letter from the Registered Owner or Lessee granting you permission to use the property
for the proposed business.
Signature of Lessee or Private Date
Land Owner
(not required if the lessee or
landowner is the applicant)
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FORM B - Application for Home Occupation
APPLICATION FOR HOME OCCUPATION
I/We hereby make application under the provisions of the Zoning By-law No. 145-2017
for a Development Permit to operate a Home Occupation.
PLEASE PRINT:
Applicant's Name: _____________________________.
Business Name: _______________________________.
Mailing Address: ______________________________.
Phone Number: _______________________________.
Lot No.: ________________ . Plan No.:________________.
Zoning: ________________.
Details:
How many people will you employ? Are these people residents of the Home?:
How many and what kind of vehicles and/or equipment you expect to use in
conjunction with the business (indicate number, type and size)?:
Where will the above vehicles and/or equipment be parked?
Lessee of the Property:____________________________________________.
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(* If the applicant is not the Registered Owner or Lessee of the Property, please submit
a letter from the Registered Owner or Lessee granting you permission to use the
property for the proposed business)
HOME OCCUPATION: Requirements, Refer to Section 5.12
Where a home occupation is permitted under this By-law, a home occupation is
subject to the following requirements:
i)
Does not change the residential character of the lot by creating problems with
noise, traffic, outdoor storage, or other nuisance;
ii)
Does not employ 2 or more people who do not live in the dwelling; and
iii)
Does not show any evidence that there is a business in the dwelling unit except
for a sign no bigger than 0.3 square metres (3 square feet)
iv)
The home business does not take up more than 25% of the dwelling
I certify that I will abide by the above conditions after I have received a Development
Permit for my Home Occupation, knowing that failure to do so will result in cancellation
of the Development Permit and possible further action taken by the Hamlet of Arctic
Bay.
Signature of Applicant
Date
Permit No.:
Date:
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FORM C - Development Permit & Notice of Approval
DEVELOPMENT PERMIT - NOTICE OF APPROVAL
POSTED ON SITE AND IN THE HAMLET OFFICE
Development involving:___________________________________________________
as further described in Application No.: has been:
APPROVED:
APPROVED - subject to conditions (state reasons):
Shall comply with:
(1)
Hamlet Zoning By-law;
(2)
National Building Code, most current;
(3)
National Fire Code, most current; and
(4)
All Federal and Territorial Regulations
The applicant is hereby authorized to proceed with the specified development provided
that any stated conditions are complied with, that development is in accordance with
any approved plans and applications. Should an appeal be made against this
decision to the Development Appeal Board, or the Development Officer this
Development Permit shall be null and void.
Date of decision: Date of issue of Development Permit: ______
Motion Number if Council Approval is required: ______________.
Signature of Development Officer: ________________________.
NOTE:
1.The issuance of a Development Permit, in accordance with the Notice of Decision, is subject to the
condition that it does not become effective until 15 days after the date the order, decision or Development
Permit is issued;
2. Any person claiming to be affected by a decision of Council may appeal to the Development Appeal
Board by submitting a written notice of appeal to Development Officer within 14 days after notice of the
decision is given; and
3. A permit shall become void after two years or if the development has not commenced within 6 months
from the date that the permit was issued.
Permit No.:
Date:
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FORM D - Notice of Development Permit Refusal
DEVELOPMENT PERMIT - NOTICE OF REFUSAL
POSTED ON SITE, IN THE HAMLET OFFICE
Development Permit No.:___________
Development involving:________________________________________________
as further described in Application No.: has been:
has been REFUSED for the following reasons:
You are further notified that you may appeal this decision to the Development Appeal
Board in accordance with the provisions of Section 3.27 of this By-law. Such an appeal
shall be made in writing and shall be delivered either personally or by mail so as to
reach the Secretary of the Development Appeal Board (Development Officer) not later
than fourteen (14) days following the date of issue of this notice. The notice of appeal
shall contain a statement of the grounds of the appeal.
Date of Decision: ________
Date of Notice of Decision: __________________________
Signature of Development Officer: ______________________
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FORM E - Notice of Appeal Hearing
NOTICE OF APPEAL HEARING
Date:
This is to notify you that an appeal has been made to the DEVELOPMENT APPEAL
BOARD against a decision in respect of Application No.: which involves
development described as follows:
__
This decision was:
APPROVED:
APPROVED - with conditions:
REFUSED:
Reasons for this decision is as follows:
Place of Hearing:
Time of Hearing: Date of Hearing:
Any persons affected by the proposed development have the right to present a written
brief prior to the hearing and to be present and be heard at the hearing. Persons
requiring to be heard at the meeting shall submit the written briefs to the Secretary of
the Development Appeal Board (Development Officer) not later than: .
Date
Secretary of the Development Appeal Board
(Development Officer)
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FORM F - Notice of Appeal Decision
NOTICE OF APPEAL DECISION
Date:
This is to notify you than an appeal against the:
APPROVAL:
APPROVAL - with conditions:
REFUSAL:
of a Development Permit with regard to the following:
was considered by the DEVELOPMENT APPEAL BOARD on , 20__
and the decision of the DEVELOPMENT APPEAL BOARD with regard to the appeal is as
follows and for the following reasons:
Date
Secretary, Development Appeal Board
NOTE:
1.
A decision of the Development Appeal Board is final and binding on all parties and
persons subject only to an appeal upon a question of jurisdiction or law pursuant to
Section 51 of the Planning Act. An application for leave to appeal to the Supreme
Court shall be made:
(a) to a judge of the Supreme Court; and
(b) within 30 days after the issue of the order, decision, permit or approval sought to
be appealed.
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FORM G - Stop Work Notice
STOP WORK NOTICE
POSTED ON SITE AND AT THE HAMLET OFFICE
Date:
You are hereby notified that your development is in contravention of the Arctic Bay
Zoning By-law or Development Permit No._________ by reason of:
You are requested to take remedial action to conform to the By-law/Permit as follows:
Motion Number if Council Approval is required: ______________.
Failure to comply with this request within 30 days of receipt of this notice may result in
action being taken through the courts to seek remedy under the provisions of the
Planning Act and Hamlets Act.
Date of Notice
Signature of Development Officer
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FORM H - Use of Land in Violation of Zoning By-law Notice
USE OF LAND IS IN VIOLATION OF THE ARCTIC
BAY ZONING BY-LAW NOTICE
POSTED ON SITE AND AT THE HAMLET OFFICE
Date:
You are hereby notified that your development is in contravention of the Arctic Bay
Zoning By-law, No. 145-2017 by reason of:
You are requested to take remedial action to conform to the By-law as follows:
Motion Number if Council Approval is required: ______________.
Failure to comply with this request within 30 days of receipt of this notice may result in
action being taken through the courts to seek remedy under the provisions of the
Planning Act and Hamlets Act.
Date of Notice
Signature of Development Officer
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Fee:
$250
FORM I - Application for Amendment to Zoning By-law
APPLICATION FOR AMENDMENT TO THE
ZONING BY-LAW
Date:
Zoning Amendments are subject to the provisions of the Planning Act
Section 29 and Section 3.34 of this By-law.
I/We hereby make application to amend the Zoning By-law.
Applicant:
Telephone:
Address:
Owner of Land or Lessee: Telephone:
Address:
Land Description: Lot: Plan:
Civic Address:
Amendment Proposed:
From: To:
Reasons in support of Application for Amendment:
Signature of Applicant
Date
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FORM J - Request for Variance
REQUEST FOR VARIANCE
I / We hereby make a request to vary one or more provisions of the Zoning By-law.
PLEASE PRINT:
Applicant's Name: _____________________________
Business Name: _______________________________
Mailing Address: ______________________________
Phone Number: _______________________________
Lot No.: ________________ Plan No.:________________
Zoning: ________________
Lessee of the Property:____________________________________________.
(* If the applicant is not the Registered Owner or Lessee of the Property, please submit a letter
from the Registered Owner or Lessee granting you permission to request a variance)
Describe the variance(s) being requested:
I certify that I will abide by the above conditions after I have received a Development
Permit for my Home Occupation, knowing that failure to do so will result in cancellation
of the Development Permit and possible further action taken by the Hamlet of Arctic
Bay.
Signature of Applicant
Date
Fee: $75