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Hamlet of Cambridge Bay By-Laws
By-Law - No. 222 Zoning
1
By-Law Name:
Zoning
By-Law Number:
222
Description
A BY-LAW OF THE HAMLET OF CAMBRIDGE BAY IN NUNAVUT TO ADOPT A
ZONING BY-LAW, PURSUANT TO THE PROVISIONS OF THE PLANNING ACT,
R.S.N.W.T.,(1988), c.P-7, s.13.
By-Law
AS the Council of the Hamlet of Cambridge Bay has prepared a Zoning By-Law, referred to as
the Cambridge Bay Zoning By-Law, in accordance with the Planning Act;
NOW THEREFORE, the Council of the Hamlet of Cambridge Bay, duly assembled, enacts as
follows:
1.
Schedule 1, entitled Cambridge Bay Zoning By-Law, Schedule 2, entitled Cambridge Bay
Zoning By-Law Map, and Schedule 3, entitled Fees for Development Permit Applications,
are declared to form part of this By-Law.
2.
The Zoning By-Law of the Hamlet of Cambridge Bay, known as the Cambridge Bay
Zoning By-Law, and attached as Schedule 1, Schedule 2 and Schedule 3 of this by-law, is
hereby adopted.
3.
This By-Law shall come into effect on the date of its third reading.
4.
By-Law # 97, By-Law # 108, By-Law # 127, By-Law # 157, By-Law # 160,
By-Law # 183, By-Law # 186, By-Law # 187 are hereby repealed.
By-Law - No. 222 Zoning
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Date of First Reading
(Day)
26
(Month)
22
(Year)
2007
Mayor
Senior Administrative Officer
After due notice and a Public Hearing,
Date of Second Reading
(Day)
11
(Month)
2
(Year)
2008
Mayor
Senior Administrative Officer
After due notice and a Public Hearing,
Date of Second Reading
(Day)
(Month)
(Year)
Approved by the Minister of
Municipal & Community Affairs
(Day)
(Month)
(Year)
Minister
Date
of
Third
Reading
and
Passed
(Day)
22
(Month)
06
(Year)
2009
Mayor
Senior Administrative Officer
By-Law - No. 222 Zoning
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HAMLET OF CAMBRIDGE BAY
TABLE OF CONTENTS
SECTION 1 - PURPOSE AND COMFORMITY ............................................................... 5
1.1
PURPOSE .................................................................................................................. 5
1.2
DEFINED AREA ......................................................................................................... 5
1.3
SCOPE ....................................................................................................................... 5
1.4
VALIDITY ................................................................................................................... 5
SECTION 2 - ZONE DEFINITIONS ................................................................................ 6
SECTON 3 - ZONES, LAND USE MAP, ZONING CHART .......................................... 12
3.0
ESTABLISHMENT OF ZONES ..................................................................................12
3.1
ZONING MAP ............................................................................................................12
3.2
INTERPRETATION OF ZONING BOUNDARIES ......................................................12
3.3
PERMITTED USES ...................................................................................................12
3.4
CONDITIONAL USES OR DEVELOPMENT SUBJECT TO TERMS AND
CONDITIONS .......................................................................................................................13
3.5
SIMILAR USES .........................................................................................................13
3.6
ACCESSORY BUILDING PERMITTED .....................................................................13
3.7
TEMPORARY CONSTRUCTION USES PERMITTED ..............................................13
3.8
EXCEPTIONS TO ZONING REGULATIONS.............................................................14
SECTION 4 - ADMINISTRATION ................................................................................. 15
4.0
POWERS OF COUNCIL ............................................................................................15
4.1
DEVELOPMENT OFFICER .......................................................................................15
4.2
DEVELOPMENT PERMIT .........................................................................................16
4.3
APPLICATION FOR DEVELOPMENT .......................................................................17
4.4
DEVELOPMENT PERMIT APPLICATION FEE .........................................................17
4.5
DECISION OF APPLICATION FOR DEVELOPMENT ...............................................17
4.6
PUBLIC NOTICE OF APPROVED PERMITS ............................................................18
4.7
EXPIRY OF DEVELOPMENT PERMIT .....................................................................18
4.8
ENFORCEMENT .......................................................................................................18
4.9
APPEAL BOARD .......................................................................................................18
4.10
APPEALS ..................................................................................................................19
4.11
BY-LAW AMENDMENTS ..........................................................................................21
SECTION 5 - LICENSES, PERMITS, & COMPLIANCE WITH OTHER BY-LAWS ...... 22
5.0
COMPLIANCE ...........................................................................................................22
5.1
REVIEW BY FIRE MARSHAL'S OFFICE ..................................................................22
5.2
LEGAL LAND TENURE .............................................................................................22
5.3
NUNAVUT PLANNING COMMISSION ......................................................................22
By-Law - No. 222 Zoning
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5.4
REVIEW BY NUNAVUT IMPACT REVIEW BOARD ..................................................22
5.5
AIRPORT ZONING REGULATIONS .........................................................................23
5.6
SCIENTIFIC INSTALLATIONS ..................................................................................23
5.7
ARCHEOLOGICAL SITES.........................................................................................23
5.8
RESOURCE EXTRATION AND/OR FILLING ............................................................23
SECTION 6 - GENERAL PROVISIONS ....................................................................... 24
6.0
RESTORATION TO A SAFE CONDITION ................................................................24
6.2
BUILDING TO BE MOVED ........................................................................................24
6.3
FRONTAGE ON A STREET ......................................................................................24
6.4
HEIGHT .....................................................................................................................24
6.5
ONE MAIN BUILDING ON A LOT..............................................................................25
6.6
REDUCED FRONTAGE ON CURVES ......................................................................25
6.7
FENCES ....................................................................................................................25
6.8
MULTIPLE USES ......................................................................................................25
6.9
DISTANCES FROM WATERCOURSES ...................................................................25
6.10
PARKING REQUIRMENTS .......................................................................................25
6.11 YARD SETBACKS ADJACENT TO VACANT LOTS ..................................................25
6.12 LOADING SPACE REQUIREMENTS .........................................................................26
6.13
SATELLITE DISHES .................................................................................................26
6.14
DAYCARE FACILITIES .............................................................................................26
6.15
HOME OCCUPATION ...............................................................................................26
6.16 BED AND BREAKFAST / TOURIST HOME ...............................................................26
6.17
COMMERCIAL VEHICLES AND CONSTRUCTION EQUIPMENT IN RESIDENTIAL
ZONES: ................................................................................................................................27
6.18
YARD REGULATIONS ..............................................................................................27
APPENCICES ............................................................................................................... 43
MUNICIPAL FORMS FOR DEVELOPMENT ................................................................ 43
FORM A APPLICATION FOR DEVELOPMENT PERMIT ..................................................44
FORM B APPLICATION FOR HOME OCCUPATION ........................................................47
FORM C DEVELOPMENT PERMIT AND NOTICE OF APPROVAL ..................................49
FORM D DEVELOPMENT PERMIT AND NOTICE OF REFUSAL .....................................50
FORM E NOTICE OF APPEAL HEARING .........................................................................51
FORM F NOTICE OF APPEAL DECISION ........................................................................52
FORM G STOP WORK NOTICE ........................................................................................53
FORM H USE OF LAND VIOLATION NOTICE ..................................................................54
FORM I APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW ..........................55
SCHEDULE 2.......................................................................................... Insert
SCHEDULE 3 ................................................................................................................ 56
By-Law - No. 222 Zoning
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SECTION 1 - PURPOSE AND COMFORMITY
1.1
PURPOSE
This By-law:
(a) Divides the Municipality into zones of permitted land use classes, and
(b) Specifies the purposes for which buildings and land may be used.
(c) Regulates or prohibits the use of land or buildings referred to in clause (b) for
any other purpose.
1.2
DEFINED AREA
This By-law applies to all lands within the Municipal Boundaries of the Hamlet of
Cambridge Bay.
1.3
SCOPE
No land shall be used and no development shall take place within the Hamlet of
Cambridge Bay except in conformity with the provisions of this By-law.
1.4
VALIDITY
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.
By-Law - No. 222 Zoning
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SECTION 2 - ZONE DEFINITIONS
"ABUT" means a lot line that has any point in common with another lot line.
"ACCESSORY BUILDING" means a building or uses that are secondary to, and normally associated
with the main use and located on the same lot and includes garages, workshops and sheds. Accessory
uses cannot be used for human habitation. See section 3.6.
"ACCESSORY USE" means a use subordinate and naturally, customarily and normally incidental to and
dependent upon a main use of land or building and located on the same lot with such main use.
"ACT" means the Planning Act. RSNWT, 1988 c.P-7 as amended.
"APARTMENT" means, multi-storey, multi-unit dwelling.
"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 or aircraft. It includes any building,
installation or equipment in connection therewith, and for which an airport license has been issued.
"ARCHEOLOGICAL SITES" means a site or work within the Nunavut Settlement Area of archeological,
ethnographical or historical importance, interest or significance or a place where an archeological
specimen is found, includes explorers' Cairns.
"ARCHEOLOGICAL SPECIMEN" means an object or specimen found in an archeological site of
archaeological, ethnological or historical importance, interest or significance and includes explorers'
documents.
"BUILDING" means any structure, erection, stockpile, sign or fixture built or placed on land.
"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.
"CEMETERY" means land primarily used for interment of human remains.
"COMMERICAL" means a use and development for the purposes of buying or selling goods and
services and supplying services but does not include an industrial use.
"COMMERCIAL VECHICLE" means any vehicle, which is licensed as a commercial carrier as
determined by the Registrar of Motor Vehicles.
"COMMUNITY USE" means the use of land, buildings, or structures for religious, educational, health,
indoor recreational facilities, community centre, day care facility, and seniors home.
"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 CAMBRIDGE BAY.
"DAYCARE CENTRE" means an establishment for the provision of care and supervision to children. All
daycare centers or home daycares must comply with Fire Protection Regulations, the Child Day Care Act,
and the Child Standards Regulations. See section 6.14.
"DEVELOPMENT" means the carrying out of any construction, excavation, or any operation in, on, over,
or under land, or making of any changes in the use or in the intensity of use of any land or building.
By-Law - No. 222 Zoning
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"DEVELOPMENT APPEAL BOARD" or the "BOARD" means the development Appeal Board
established by Council in accordance with Section 21 of the Planning Act.
"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.
"DISTRIBUTION CENTRE" means a building used for the storage, wholesaling, and distribution of goods
and materials.
"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, and containing one or more dwelling units 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 pre manufactured 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, ROWHOUSE" or "MULTIPLE-UNIT" means a building that is divided vertically into three
or more dwelling units, each of which is 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" or " ATTACHED BUILDING" means a single unit
dwelling attached to another single unit dwelling by a common above grade wall.
"DWELLING, ACCESSORY UNIT" means a dwelling unit which is secondary to the principle dwelling
unit.
"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.
"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.
"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" "fence" shall mean any freestanding gate or other structure which is used to enclose, separate,
provide privacy or divide, in whole or in part, a yard or other land, or to separate or purport to separate
land not under common ownership.
"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.
By-Law - No. 222 Zoning
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"GENERAL PLAN" means the General Plan of the Hamlet of Cambridge Bay know as the Cambridge
Bay Community Plan as adopted by By-law#-__________.
"GROSS FLOOR AREA" means the sum of the area of each floor of a building as measured from the
outermost perimeter of the building.
"GROUP HOME" means a building used to provide family like care and / or rehabilitation for mentally or
physically disable people for people who for various reasons cannot reside in their own home.
"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 and other miscellaneous substances of similar nature
corrosives and other miscellaneous substances of similar nature
"HINTERLAND" means all the land within the Cambridge Bay Municipal Boundary that has not been
zoned for another use.
"HOME OCCUPATION" means any occupation, trade, profession, or craft carried on by an occupant of a
residential building as a secondary use to the residential use of the building. Regulations setout in section
6.15.
"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.
"INDUSTRIAL USE" means a use or development for the purposes of manufacturing, processing,
distribution, repairing, or storage of goods.
"LOADING SPACE" means an area of land providing and maintained upon the same 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. See
section 6.12 for requirements.
"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 or highways provided, however,
that if any lot qualifies as being both a corner lot and a through lot as herein before defined, such lot shall
be deemed to be a corner lot for the purpose of this By-law.
"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
By-Law - No. 222 Zoning
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i) in the case of a corner lot - the shorter boundary line abutting the street shall be deemed to be
the front lot line and longer boundary line abutting the street shall be deemed to be the flankage
lot line; and where such lot lines are of equal length, the front lot line shall be either of the lot lines
and the other lot line shall be the flankage lot line; boundaries dividing the lot from a street shall
be deemed to be the front lot line; or
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 the property line of a lot other than a front lot line or rear lot line.
"LOT LINE REAR" means the lot line farthest from or opposite to the front lot line.
"LOT WIDTH" means the average distance between the side boundaries of a lot.
"LOT LINE FLANKAGE" means a side lot line, which abuts the street on a corner lot.
"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.
"MEDICAL AND HEALTH CENTRE" 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.
"MUNICIPALITY" means the Hamlet of Cambridge Bay.
"NON-CONFORMING BUILDING" means a building that is lawfully constructed, or under construction, at
the date this By-law is passed, and or does not, or will not, conform to the requirements of the Zoning By-
law when it becomes active.
"NON-CONFORMING USE" means any intended or existing legal use of land or building, which does
not, and will not, conform to the requirements of this by-law. See Section 3.8 (c)
"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.
"OPEN SPACE" means land which are inappropriate for urban development by reason of having
inherent or natural hazards such as susceptibility to flood or erosion which, if developed may cause
property damage or loss of life.
"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 an open area containing parking spaces, other than a street, for two or more
motor vehicles which is available for public use or as an accommodation for clients, customers or
residents and which has adjacent access to permit ingress and egress of motor vehicles to a street by
means of driveways, aisles or maneuvering area where no parking or storage of motor vehicles is
permitted.
"PARKING SPACE" means an area of not less than 13.2 square metres, measuring 2.4 by 5.5 metres
for the temporary parking or storage of motor vehicles.
By-Law - No. 222 Zoning
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"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.
"PROTECTED DEVELOPMENT" means a land use where no development is permitted. To protect
water lakes and cemeteries from urban development.
"QUARRY" means the excavation, processing, and stockpiling of gravel, stone, sand, earth, clay fill, or
other similar substances.
"RESTRICTED DEVELOPMENT" means a land use where no development for habitation is permitted.
The boundary of this land use is enforced by the Public Health Act, under the General Sanitation
Regulations, which states that no building used for habitation, shall be built within 450 metres of a waste
disposal ground.
"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 the sale of food products.
"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 motor vehicle repair shop.
"SERVICE STATION" means a building or part of a building used for the retail sale of automobile
accessories and servicing and general repairing of motorized vehicles and may include vehicle-washing
establishments.
"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
Cambridge Bay.
"STREET LINE" means the boundary line of a street.
"STRUCTURE" means anything that is erected, built, or constructed of parts joined together or any such
erection fixed to or supported by the soil or by any other structures.
"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.
"UTILITY" means any component of electrical power, cable television, or telecommunication systems.
"WAREHOUSE" means a building used primarily for the storage of goods and materials.
"WATERCOURSES" means any lake, river, stream, ocean, or other body of water.
"YARD" means part of a lot upon or which no structure is erected.
front yard means a yard extending across the full width of a lot between the front lot line and the nearest
wall of any main building or structure on the lot.
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side yard means a yard extending across the full width of a lot between the rear lot line and nearest wall
of any main building or structure on the lot.
rear yard means a yard extending between the front yard and the rear yard between side lot line and the
nearest main wall of any building on the lot.
flankage yard means the side yard of a corner lot, which side yard abuts a street and "required flankage
yard" or "minimum flankage yard" means the minimum side yard required by this By-law where
such yard abuts a streets.
"ZONE" means an area designated for which a specific set of land uses and requirements have been set
forth in Section 7 of this By-law.
By-Law - No. 222 Zoning
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SECTON 3 - ZONES, LAND USE MAP, ZONING CHART
3.0
ESTABLISHMENT OF ZONES
1. For the purpose of this By-law, the Hamlet of CAMBRIDGE BAY is divided into
zones as delineated on the plan attached as Schedule "2", entitled "Cambridge
Bay Zoning Maps".
2. The zones mentioned in subsection (a) are classified and referred to as follows:
R
Residential
CC
Commercial Core
C
Commercial
CU
Community Use
IA
Industrial Active
IP
Industrial Passive
PA
Public Active
PP
Public Passive
PD
Protected Development
T
Transportation
H
Hinterland
UR
Urban Reserve
3.1
ZONING MAP
1. The extent and boundaries of all zones are shown on Schedule "2"; for all such
zones, the provisions of this By-law shall respectively apply.
2. The symbols used on Schedule 2 refer to the appropriate zones established by
section 3.0.
3.2
INTERPRETATION OF ZONING BOUNDARIES
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 un-surveyed lease sketch.
3.3
PERMITTED USES
Uses permitted within any zone shall be determined as follows:
If a use is not listed as a use permitted within any zone, it shall be deemed to be
prohibited in that zone.
By-Law - No. 222 Zoning
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3.4
CONDITIONAL USES OR DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS
Any use listed as a Conditional Use shall be permitted subject to fulfilling of
conditions or requirements set out by the Hamlet Council.
3.5
SIMILAR USES
In the case where a proposed development is not listed, Council may determine,
by resolution that such development is similar in character and purpose to the list
of uses prescribed for that zone.
3.6
ACCESSORY BUILDING PERMITTED
Accessory uses, buildings, and structures shall be permitted in any zone but shall
not:
1. Be used for a residential use except where a dwelling is permitted accessory
use;
2. Be built closer to the front, side, back, or flankage lot line than the minimum
distance required for the main building.
3. Exceed one-half the height of the main building or exceed a height of 15 feet (4.6
metres) in a residential zone.
4. Exceed 84 square metres in any Residential Zone; nor
5. Be used for the keeping of animals other than household pets.
3.7
TEMPORARY CONSTRUCTION USES PERMITTED
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 mobile home, tool or maintenance shed, trailer, sea container or
scaffold, provided that a development permit has been issued and the temporary
use is discontinued and removed within 30 days following completion of
construction.
By-Law - No. 222 Zoning
14
3.8
EXCEPTIONS TO ZONING REGULATIONS
1) Minor Variances:
Where a development does not conform to 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% with prior authorization
of the Fire Marshal
10% with prior authorization
of the Fire Marshal
Rear Yard
25%
10%
2) Consolidation of Lots:
When adjacent lots are consolidated by way of lease, the side yard setback from
the common lot lines shall be zero (0) metres.
3) Non-conforming Building and Use:
1. This By-law cannot be used to prevent the use and development of land
that had been lawfully established or was under construction at the time this by-
law was enacted.
2. 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 only up to 20 percent of the
gross floor area of the building, as it existed at the date this By-law came into
effect;
c) If a non-conforming building or use of land is discontinued for twelve
consecutive months, the future use shall conform to this By-law.
d) When a non-conforming building is damaged by fire or other causes to an
extent exceeding 50% of its usable floor space, the building will not be
repaired or rebuilt except in conformity with this By-Law.
By-Law - No. 222 Zoning
15
SECTION 4 - ADMINISTRATION
4.0
POWERS OF COUNCIL
1. All development must be approved by Council, unless otherwise stated in this
By-law.
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.
4.1
DEVELOPMENT OFFICER
1. The Hamlet Council of Cambridge Bay shall appoint a Development officer by
Resolution of Council.
2. The Development Officer is declared to be an authorized officer of Council.
3. The Council will authorize the Development Officer to perform the following
duties:
a) Exercise, on behalf of The Council, the powers of The Council under Section
20 & 32 of the Planning Act.
b) 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.
c) Carry out other duties as may be prescribed in this by-law
d) Receive applications for development permits, amendments, and variances.
e) Consider and decide on applications for development permits in areas zoned
Residential, unless the Development Officer considers it prudent for Council
to review the application.
f) Prepare a report to Council regarding applications for Development Permits,
Amendments, and Variances.
g) Where Council or the Development Officer approves an application for a
development permit, the Development Officer must post a notice of the
approval conspicuously on the property for which the application has been
approved and at the Hamlet Office. See section 4.7.
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4.2
DEVELOPMENT PERMIT
1. No person shall undertake a development nor shall a development permit be
issued unless the proposed development conforms to all provisions of this by-
law.
2. All development must comply with other Municipal Bylaws, the National Building
Code, National Fire Code and all Federal and Territorial Regulations.
3. All development requires a development permit except for the following:
a) For grading or landscaping unless the cutting or filling is greater than 1 metre
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 Hinterland;
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 capacity of the building,
but does not exempt any one from informing the Fire Marshal's Office of their
plans.
4. In a case where development commences without a valid development permit,
the land owner is subject to provisions of section 4.11 of this by-law.
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4.3
APPLICATION FOR DEVELOPMENT
An application for a Development Permit shall be submitted to the Development Officer
in writing, and shall include the following information:
1. A site plan drawn to scale(in Metric) and showing:
a) The location of existing buildings.
b) All legal dimensions of the lot(s).
c) The location and dimensions of surrounding lots and buildings.
d) Proposed location and dimensions of any structure or use.
e) Proposed front, rear, and side yard setbacks.
f) Proposed lot coverage.
g) Access points to property.
h) The location of outdoor fuel storage facilities.
i) The location of water and sewer lines (if any).
j) The location of water and sewage storage tanks*.
k) Elevation of pad and placement of the pad on the lot.
l) Location and dimensions of any easements affecting the site
*every attempt must be made to locate and ensure that the
municipal services are easily accessible at the front of the
building.
2. For Development that is subject to terms and conditions, a letter must be
submitted by the applicant to demonstrate to the Development Officer that the
adjacent landowners have been notified in person or in writing.
3. A Letter of Consent from the appropriate landlord is also required.
4. The Development Officer may require the applicant to submit additional
information.
4.4
DEVELOPMENT PERMIT APPLICATION FEE
No development permit may be issued under this By-law without the
development permit application fee being paid. See Schedule 3 of this by-law.
4.5
DECISION OF APPLICATION FOR DEVELOPMENT
1. The application shall be considered by Council where required. They shall
approve it without conditions, approve it subject to conditions or refuse it and
provide written reasons for the conditions of refusal.
2. A decision on an application for a Development Permit shall be made within 40
days of receipt of the application in its complete and final form. If a decision is not
made within 40 days the application for development permit shall be deemed to
be refused.
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4.6
PUBLIC NOTICE OF APPROVED PERMITS
1. When a permit has been granted, within 3 working days, the Development
Officer shall:
a) Post a Notice of the Decision conspicuously on the lot for which the
application has been approved and in the Hamlet Office;
b) Where a Variance has been granted, the notice shall be sent to adjacent
property owners.
2. The development permit does not become effective until 14 days after the Notice
has been posted or mailed.
4.7
EXPIRY OF DEVELOPMENT PERMIT
1. A Development Permit shall become void if:
a) Development has not commenced within six(6) months
b) Development has not completed after two(2) years or
c) Development has been discontinued or not actively carried on for a period of
twelve (12) months.
d) There has been a violation of this bylaw, of conditions in a Development
Permit or of any changes authorized by the Development Officer or Council.
2. When a Development Permit becomes void, a new application for a permit is
required before development may proceed.
4.8
ENFORCEMENT
Anyone violating any provision of this By-law or conditions of a Development
Permit is liable to a fine of $500.00 plus $100.00 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.
4.9
APPEAL BOARD
1. In accordance with Sections 21, 22 and 23 of the Planning Act, Council shall
establish a Development Appeal Board. Members shall be appointed by
resolution, for a (3) year consecutive term. The Development Appeal Board will
not include employees of the Hamlet.
2. The Development Appeal Board shall,
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a) Be comprised of at least three persons, and no more than seven, with the
majority of members being community members. One shall be a member of
council;
b) Elect a Chairperson;
c) Appoint a Secretary of the Board, who shall be an employee of the
Municipality;
d) Hold a hearing within 30 days after an appeal has been received;
e) Ensure that reasonable notice is given to the appellant and all persons who,
in the opinion of the 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 and to
this by-law;
g) Where an appeal is heard, hear the appellant, the Development Officer, and
any other persons it considers necessary for a full and proper hearing;
h) Render its decision in writing to the appellant within 60 days after the date on
which the hearing is held;
i) Within 15 days after the decision, make a complete report of the appeal
proceedings to the Director of Planning as appointed under Section 49 of the
Planning Act and Notify Council;
j) Conduct a hearing pursuant to Section 4.10 of this by-law.
3. The Secretary of the Board shall;
a) Prepare and maintain a file of the minutes of the business transacted at all
meetings of the board, copies of which shall be regularly filed with council;
b) Carry out administrative duties as the Board may specify.
4. The Development Appeal Board May, 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.
4.10 APPEALS
1. Anyone claiming to be affected by a decision Council or the Development Officer
under this By-law may appeal in writing to the Development Appeal Board within
14 days of the mailing or posting of the decision, or within such further time, not
exceeding an additional 46 days, as the Chairperson of the Board, for just cause,
may allow.
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2. Where a decision on a Development Permit has not been made on an application
within 40 days, the applicant may appeal in writing to the Appeal Board.
3. Where an appeal is made, a Development Permit shall not come into effect until
the appeal has been determined and the decision confirmed, reversed or varied
thereby.
4. An Appeal must be heard by a quorum of the Development Appeal Board, and a
quorum shall consist of at least 2 members and the chairperson or acting
chairperson.
5. Hearing Procedures are as follows:
a) The appellant and any other interested party shall, not later than 10 days,
before the day fixed for the hearing of the appeal, file with the Secretary of the
Board all maps, plans, drawings, and written material that they intend to
submit to the Board or use at the hearing;
b) The Development Officer or Council, shall, if required by the Board, transmit
to the Secretary of the Board, before the day fixed for the hearing of the
appeal, copies of maps, plans, drawings and written material in its possession
relating to the subject matter of the appeal;
c) The Chairperson may decide on a different time frame for submissions of
materials if there is just cause;
d) All maps, plans, drawings and written material, or copies thereof, filed or
transmitted, pursuant to this section shall, unless otherwise ordered by the
Board, be retained by the 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;
e) Where a member of the Board has a conflict of interest in the matter before
the Board, that member is not entitled to participate, deliberate or vote
thereon;
f) In determining an appeal, the Board shall not:
i. approve development that is not permitted or conditionally
permitted by this bylaw in the zone in which the development is
situated; or
ii. approve development in a manner that is incompatible with the
Community Plan
g) a decision concurred with by a majority of the Board present at the hearing is
the decision of the Board;
h) the decision of the Board shall be based on the facts and merits of the case
and shall be in the form of a written report, including a summary all
representations made at the hearing and setting forth the reasons for the
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decision and signed by the Chairperson or, in his absence, the acting
Chairperson, and the Secretary and a copy of the decision shall be sent by
the Secretary to the Director of Planning as appointed under Section 49 of the
Planning Act, and the Municipality, within 15 days of the date in which the
decision was rendered;
i) the written report shall be sent to the appellant plus all parties on whose
behalf representations have been made, and to each interested person upon
his/her request within 60 days of the decision and;
j) a decision of the Board is final and binding on all parties and all persons only
subject to appeal under Section 51 of the Planning Act.
4.11 BY-LAW AMENDMENTS
1. Any person applying to have this by-law amended shall apply in writing on
Form I of this By-Law, and may furnish additional materials in support of the
application.
2. The fee for amendment applications, listed in Schedule 3, may be waived by
Council if the amendment is considered to be of general public value.
3. An amendment to this by-law shall be consistent with any existing or
proposed general plan and development scheme that affects or will affect the
land.
4. Upon receipt of an Application to amend this by-law, the Planning and Lands
Administrator shall:
a) Carry out any necessary research on the proposed amendment which
may include seeking input from neighbouring property owners;
b) Review with the applicant the Departmental recommendation; and
c) Submit to the Lands Development Committee a memorandum on the
proposed amendment, if the applicant wishes to pursue the amendment.
5. Council may at any time, initiate an amendment to this by-law, but the
proposal shall be referred to the Lands Development Committee and the
Planning and Lands Administrator for their review and recommendations
before first reading.
6. Proposed amendments to this by-law are subject to those same requirements
and procedures set out in Sections 25 to 29 inclusive of the Planning Act.
7. A proposed amendment which has been rejected by Council shall not be
reconsidered within twelve (12) months of the date of such rejection unless
otherwise directed by council.
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SECTION 5 - LICENSES, PERMITS, & COMPLIANCE WITH OTHER BY-
LAWS
5.0
COMPLIANCE
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 Cambridge
Bay or to obtain any license, permission, or permit, authority or approval required
by any other by-law of the Municipality of Cambridge Bay or statute and
regulations of the Government of Nunavut or the Government of Canada.
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.
5.1
REVIEW BY FIRE MARSHAL'S OFFICE
1. The Hamlet Council shall seek the comments of the Fire Marshal's Office before
approving a development application for the following type of uses:
a) Residential use -duplexes, multi-unit dwellings, or single unit dwellings that
do not meet the required setbacks.
b) Community use
c) Industrial use
d) Commercial use
5.2
LEGAL LAND TENURE
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.
5.3
NUNAVUT PLANNING COMMISSION
Information on any development occurring close to the Municipal Boundary or
any development with potential impacts outside the Municipal Boundary should
be submitted to the Nunavut Planning Commission for review and comment.
5.4
REVIEW BY NUNAVUT IMPACT REVIEW BOARD
Nunavut Impact Review Board must approve all industrial development within the
Municipal Boundaries of Cambridge Bay before a Development Permit can be
issued.
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5.5
AIRPORT ZONING REGULATIONS
Any land use should be compliant with Obstacle Limitation Surface for the
Cambridge Bay Airport as listed in table 4-1 of the TP312E Aerodrome
Standards and recommended practices. Before any structure is built, plans
should
be
submitted
to
Operations
and
Standards
at
Nunavut Airports.
5.6
SCIENTIFIC INSTALLATIONS
Notwithstanding the regulations in section 7.0 no use or development shall be
permitted which will interfere with the operation of atmospheric monitoring or
other scientific installations such as; Telecommunications, radar, EMR magnetic
observatory, Meteorological station, etc. All development proposals, which could
potentially interfere with such installations, require review and approval by the
appropriate Territorial and Federal Departments.
5.7
ARCHEOLOGICAL SITES
Whenever archeological specimens are found during construction, they should
be reported immediately to the Development Officer. All development must
comply with the Nunavut Lands Claim Agreement, section 33 and 34 and
Archeological Sites Regulations.
5.8
RESOURCE EXTRATION AND/OR FILLING
1. Except where provided for within this 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.
2. 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.
3. No Development Permit is required for grading or landscaping unless the cutting
or filling is greater than 1 meter.
4. A Municipal Quarry Permit is required to remove any granular material. Nunavut
Impact Review Board must review all Quarry Permits before the Hamlet can
issue a Quarry Permit.
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HEIGHT
SECTION 6 - GENERAL PROVISIONS
6.0
RESTORATION TO A SAFE CONDITION
Nothing in this By-law shall prevent the strengthening or restoring to a safe
condition of any building or structure.
6.2
BUILDING TO BE MOVED
No building, residential or otherwise, shall be moved to a lot within the area
covered by this By-law without obtaining a development permit.
6.3
FRONTAGE ON A STREET
No development permit shall be issued except where the lot is intended to be
used, or upon which the building or structure is to be erected, abuts and fronts
upon a public street or road except where specified provided for within this By-
law.
6.4
HEIGHT
1. 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 or deck
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
HEIGHT
grade
Land uses in the vicinity of airports are regulated by Airport Zoning
Regulations. Refer to section 5.5.
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6.5
ONE MAIN BUILDING ON A LOT
Except where provided for in this By-law, no more than one main building may be
place or erected and no building or structure may be altered to become a second
main building on a lot.
6.6
REDUCED FRONTAGE ON CURVES
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 20 metres.
6.7
FENCES
Fences may be permitted in residential, industrial, airport and community use
zones but are subject to terms and conditions set out by the Council.
6.8
MULTIPLE USES
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 otherwise
provided.
6.9
DISTANCES FROM WATERCOURSES
No development shall be permitted within 30.48 metres of a navigable water
body except subject to terms and conditions of the Hamlet Council.
6.10 PARKING REQUIRMENTS
Residential-
1 parking space per unit
Commercial -
1 space per 75m.sq. floor space
Industrial-
1 space for every 3 people working on site
Community Use - 1 space per 75m.sq. floor space
Open Space -
Discretion of Development Officer or Council.
6.11 YARD SETBACKS ADJACENT TO VACANT LOTS
Required Setbacks from rear lot lines that are adjacent to lots zoned for Open
Space use or adjacent to unusable lots shall be 2.5 metres or greater.
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6.12 LOADING SPACE REQUIREMENTS
The owner of every building, structure or premises used in whole or in part for
business or commercial purposes involving the use of vehicles for the receipt or
the distribution of material or merchandise shall provide and maintain on lands
appurtenant to such buildings, structures or premises, off-street spaces for such
vehicles to stand and for loading and unloading the same.
6.13 SATELLITE DISHES
Satellite dishes shall not be permitted between the building and the street line
unless attached to the building.
6.14 DAYCARE FACILITIES
Where Day Cares are permitted under this By-law, all Daycare facilities must
comply with the Child Day Care Manual, which includes the Child Day Care Act
and Child Day Care Standards and Regulations.
6.15 HOME OCCUPATION
Where a home occupation is permitted under this By-law, a home occupation is
subject to the following requirements:
1. Does not change the residential character of the lot by creating problems with
noise, traffic, outdoor storage, or other nuisance;
2. Does not employ more than 2 people who do not live in the dwelling; and
3. 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)
4. The home business does not take up more than 25% of the dwelling.
6.16 BED AND BREAKFAST / TOURIST HOME
Where permitted in Residential Zones, bed and breakfasts shall conform to the
following requirements:
1. The use shall be constructed within the principal single unit residence.
2. The number of bedrooms devoted to the uses shall not exceed 4 in number;
3. No sign in connection with the use shall exceed .75 square metres in area nor
exceed one in number.
4. The use should conform to all Building and Fire Codes.
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6.17 COMMERCIAL VEHICLES AND CONSTRUCTION EQUIPMENT IN
RESIDENTIAL ZONES:
1. In a Residential Zone no land shall be used for parking and storage of any
construction equipment including bulldozers, backhoes, and other heavy
equipment.
2. Notwithstanding subsection 1) commercial vehicles are permitted to park on a
residential lot when providing a service to the lot, including but not limited to
merchandise delivery and pick ups, property or chattel repairs and maintenance.
6.18 YARD REGULATIONS
1. 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.
2. 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 7 - LAND USE ZONES REGULATIONS
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7.1 RESIDENTIAL (R)
PERMITTED USES
Single unit dwelling
Duplex
Attached or Semi-detached dwelling
Park and playground
Any accessory building, structure or use,
incidental to the permitted main use of
the land, building or structure, subject to
section 3.6.
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS (Conditional Uses)
Multi-unit dwelling
Church
Home occupation
In home day care (subject to conditions of
the Fire Marshal)
Group home
Elders Facility
Bed and breakfast
Apartment
Mini home or Trailer
Similar Uses, see section 3.5
ZONE REQUIREMENTS
Front Yard Setback of at least 3 metres
Rear Yard Setback of at least 6 metres
Flankage Yard Setback of at least 4 metres
Side Yard Setback of 6 metres or the distance
that meets the requirements of the Fire Marshal,
which ever is greatest.
No main building shall have a height exceeding
28 feet (8.5 metres).
Minimum dwelling unit area of 92.9 sq. metres.
Minimum lot size 30m X 30m
Minimum lot size corner lots
35m wide X 30m long
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7.2 COMMUNITY CORE (CC)
PERMITTED USES
Restaurants or other eating establishments
Banks
Stores
Daycare Centres
Hotel
Office
Parking lots
Commercial recreation uses
Places of Worship
Convenience stores
Service shop
Craft shops
Public Gathering Green Space
Any accessory building, structure or use,
incidental to the permitted main use of the
and, building or structure, subject to
section 3.6.
DEVELOPMENT SUBJECT TO TERMS AND
CONDITIONS(Conditional Uses)
Residential uses combined with a
commercial use provide that the
Residential use is above the ground floor
of the establishment and that such
dwelling(s) have direct access to the
outside street level.
Similar Uses, see section 3.5
ZONE REQUIRMENTS
Front Yard Setback of least 6 metres
Rear Yard Setback of least 6 metres
Flankage Yard Setback of least 4 metres
Side Yard Setback of least 6 metres or the
distance that meets the requirements of the
Fire Marshal, which ever is greatest.
No building shall have a height exceeding
35 feet. (10.7m)
A covered or screened area for garbage and
trade waste.
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7.3 COMMERCIAL (C)
PERMITTED USES
Office
Convenience stores
Any accessory building, structure or use,
incidental to the permitted main use of the
land, building or structure, subject to
section 3.6.
DEVELOPMENT SUBJECT TO TERMS AND
CONDITIONS(Conditional Uses)
Residential
uses
combined
with
a
commercial use provide that the Residential
use is above the ground floor of the
establishment and that such dwelling(s)
have direct access to the outside street
level.
Similar Uses, see section 3.5
ZONE REQUIRMENTS
Front Yard Setback of least 6 metres
Rear Yard Setback of least 6 metres
Flankage Yard Setback of least 4 metres
Side Yard Setback of least 6 metres or the
distance that meets the requirements of the
Fire Marshal, which ever is greatest.
No building shall have a height exceeding 35
feet. (10.7m)
A covered or screened area for garbage and
trade waste.
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7.4 COMMUNITY USE (CU)
PERMITTED USES
Fire Hall
Schools and Educational facility
Post Office
Police Station
Community Hall
Parking Lots
Arena
Health Care Facilities
Elders Facility
Group Homes
Places of Worship
Government Offices
Library
Any accessory building, structure or
use, incidental to the permitted main
use of the land, building or structure,
subject to section 3.6.
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS (Conditional Uses)
Wharfs
Similar Uses, see section 3.5
ZONE REQUIREMENTS
Front Yard Setback of least 6 metres
Rear Yard Setback of least 6 metres
Flankage Yard Setback of least 4 metres
Side Yard Setback of least 6 metres or the
distance that meets the requirements of the
Fire Marshal, which ever is greatest.
No building shall have a height exceeding
35 feet. (10.7m)
A covered or screened area for garbage
and trade waste.
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7.5 PUBLIC ACTIVE (PA)
PERMITTED DEVELOPMENT
Public park
Playground
Public sports field
Public Skating Park
Monument, cairn, or statue
Shed required to support traditional
and cultural activities
Any site that has historic or culture
value to the community.
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS (Conditional Uses)
Public Community Sports Complex
Similar Uses see section 3.5
ZONE REQUIREMENTS
No substantial development, structure,
or habitable building shall be permitted in
a Public Active (PA) Zone.
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7.8 PUBLIC PASSIVE (PP)
PERMITTED DEVELOPMENT
Sheds
Storage of marine equipment
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS(Conditional Uses)
Playground
Outdoor recreational facilities
Similar Uses, see section 3.5
ZONE REQUIREMENTS
No building shall have a height exceeding
10 feet (3.1 metres).
No building shall have a floor area larger
than 25 sq. metres.
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7.6 INDUSTRIAL A (Active)
PERMITTED DEVELOPMENT
Warehousing or Distribution Centre
Parking garage
Storage yard for machinery, trucks, or
building material and non-hazardous
goods and liquids.
Workshop required for trade service such
as plumbing, electrical, carpentry,
and metalwork.
Caretaker units
Any accessory building, structure, or use,
incidental to the permitted main use of
the land, building, or structure,
subject to section 3.6.
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS (Conditional Uses)
Tank farm
Power plant
Storage and warehousing of
hazardous goods and liquids
Barge staging and landing site
Auto wrecking yard
Similar Uses see section 3.5
ZONE REQUIREMENTS
Front Yard Setback of least 6 metres
Rear Yard Setback of least 6 metres
Flankage Yard Setback of least 4 metres
Side Yard Setback of least 6 metres,
or the distance that meets the requirements
of the Fire Marshal, which ever is greatest.
No building shall have a height exceeding
35 feet. (10.7m)
A covered or screened area for garbage
and trade waste.
Parking on site for 50% of employees
and 2 customers.
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7.7 INDUSTRIAL P (Passive)
PERMITTED DEVELOPMENT
Repair, service and parking garage
Storage yard for machinery, trucks,
or building material and non-
hazardous goods and liquids.
Workshop required for trade service
such as plumbing, electrical,
carpentry, and metalwork.
Caretaker units
Any accessory building, structure, or
use, incidental to the permitted main
use of the land, building, or structure,
subject to section 3.6.
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS (Conditional Uses)
Similar Uses see section 3.5
ZONE REQUIREMENTS
Front Yard Setback of least 6 metres
Rear Yard Setback of least 6 metres
Flankage Yard Setback of least 4 metres
Side Yard Setback of least 6 metres,
or the distance that meets the requirements
of the Fire Marshal, which ever is greatest.
No building shall have a height exceeding
35 feet. (10.7m)
A covered or screened area for garbage
and trade waste.
Parking on site for 50% of employees
and 2 customers.
7.8 WATERFRONT RECREATIONAL (WF)
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37
PERMITTED DEVELOPMENT
Sheds
Storage of marine equipment
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS(Conditional Uses)
Playground
Outdoor recreational facilities
Similar Uses, see section 3.5
ZONE REQUIREMENTS
No building shall have a height exceeding
10 feet (3.1 metres).
No building shall have a floor area larger
than 25 sq. metres.
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7.9 PROTECTIVE DEVELOPMENT (PD)
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS(Conditional Uses)
Cemeteries
Water Reservoirs
These areas shall not be altered:
Significant drainage courses
Watersheds
ZONE REQUIREMENTS
No Development shall take place within
100 metres of a Cemetery.
No Development shall take place within
400 metres of the Water Reservoir.
No Development shall take place within
500 metres of the watershed for the
community water supply.
No Development shall take place within the
watershed of the community water source.
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7.10 RESTRICTIVE DEVELOPMENT (RD)
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS (Conditional Uses)
Solid Waste Disposal Site
Sewage Disposal Site
ZONE REQUIREMENTS
No Development shall take place within
500 metres of a Solid Waste Disposal Site
or Sewage Disposal Site without the written
consent of the Department of Health.
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7.11 HINTERLAND (H)
Hinterland is all land within the Municipal
Boundary of Cambridge Bay that has not
been zoned for another use.
PERMITTED USES
Temporary tenting or camping
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS (Conditional Uses)
Quarry
Telecommunication towers and facilities
Navigational Aids
Cemeteries
Resource development, installations for
scientific or archeological research,
Parks, playing fields or recreational area
Environmental reserves for watershed
protection
Windmills and accessory buildings
Snow fences
Any accessory building, structure, or use,
incidental to the permitted main use of the
land, building, or structure, subject to
section 3.6.
Similar Uses, see section 3.5
ZONING REQUIREMENTS
Any development within this zone shall be
subject to the policies; regulations and
standards established Transport Canada
and NAV Canada.
No development is permitted within 200 metres
downwind of any snow fence without the
approval of council.
No development is permitted within 100 metres
of a cemetery.
No development is permitted within 200 metres
of a windmill.
No development is permitted within 100 metres
of an archeological site.
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7.12 TRANSPORTATION (T)
DEVELOPMENT SUBJECT TO TERMS
AND CONDITIONS (Conditional Uses)
Uses considered normally part of an
airport, subject to consultation with
Nunavut Airports.
ZONING REQUIREMENTS
Any development within this zone shall be
subject to the policies, regulations
and standards established by Transport
Canada and NAV Canada.
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42
7.13 URBAN RESERVE (UR)
No Development permitted.
The Urban Reserve Zone refers to land which, by their location adjacent to the
built-up portion of the community are suited to community expansion but are
affected by significant environmental constraints to development (e.g. snow
drifting, unsuitable soil condition, poor drainage, or archeological sites).
Development of lands with this zone designation will only be permitted when
measures are taken which effectively overcome the particular environment
limitation presented by a site. The lands within the zone shall remain
undeveloped, reserved for community expansion, until such time that this
requirement is met. The primary use of these lands, when developed, shall be
for Residential uses. Any development within this zone shall be considered a
conditional use.
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43
APPENCICES
Municipal Forms for development
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 Cambridge Bay Zoning
By-law Notice
Form I
Application for Amendment to the Zoning By-law
By-Law - No. 222 Zoning
44
Describe the proposed development:
FORM A
Permit No.: ____________
Date:
____________
Application Fee: $________
Variance Fee: $________
APPLICATION FOR DEVELOPMENT PERMIT
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: ______________________________________________
Mailing Address: _________________________________________
Telephone Number: _______________________________________
Site Address: __________________________________
Lot No: ________ Block No.: _________ Plan No.: ____________
Sketch No.: _____________
Lessee: ________________________________
Lease Number: ___________________
Letter of Permission to Occupy File No.: _____________
Current Use and Zoning:
Current use of the lot:
Current Zoning:
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45
Cost and Completion time:
Estimated cost of the project:__________________________
Date Work is to Begin: _______________________________
Date of Completion: _________________________________
ZONING REGULATIONS:
Proposed Setbacks:
Front Yard:
Side Yard:
Rear Yard:
Flankage (second front yard):
Height of Proposed Building:
Number of Parking Spaces proposed:
Fire spatial distance from adjacent buildings:
North side: South side: East side: West side:
Minor Variance Required:
Yes
No
If yes, please state reasons for variance application:
I hereby acknowledge and consent, as per Section 32 of the Planning Act, all authorized person(s) have the right to
enter the above land and/or buildings, with respect to this application.
Date: _________________________
Signature of Applicant: ______________________
By-Law - No. 222 Zoning
46
Development Permit Applications shall be accompanied by the following
information:
1) Site Plan. See Section No 4.3
2) A letter from the Fire Marshal's Office approving the project, for all development
other than Single Family Dwellings.
3) Certificate from Nunavut Impact Review Board approving a proposed industrial
development.
4) Approval from the Water Board if the project requires filling or altering a water
body.
5) Letter from Nunavut Airports approving the project, if the project is near an
airport.
6) A letter requesting a Variance, if the proposed project does not meet the exact
zoning regulations.
7) 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 Cambridge 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 private land owner is the applicant)
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47
FORM B
Permit No.: ____________
Date:
____________
Application Fee: $50
APPLICATION FOR HOME OCCUPATION
I hereby make application under the provisions of the Zoning By-law for a Development Permit
to operate a Home Occupation.
PLEASE PRINT:
Applicant's Name: _____________________________
Business Name: _______________________________
Mailing Address: ______________________________
Phone Number: _______________________________
Lot No.: ________________
Block No.: _____________
Plan No.:________________ Zoning: ________________
Details:
State the number of people you will employ and state whether or not they are residents
of the Home: __________________________________________________
State the number of vehicles and/or equipment you expect to use in conjunction with the
business (indicate size): _________________________________________
Where will these Vehicles and/or equipment be parked?: _____________________
______________________________________________________________________
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48
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
use the property for the proposed business.
HOME OCCUPATION: Requirements (Section 6.15)
Where a home occupation is permitted under this By-law, a home occupation is
subject to the following requirements:
1. Does not change the residential character of the lot by creating problems with
noise, traffic, outdoor storage, or other nuisance;
2. Does not employ more than 2 people who do not live in the dwelling; and
3. 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)
4. 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
Cambridge Bay.
Signature of Applicant
Date
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49
FORM C
Permit No.: ____________
Date:
____________
DEVELOPMENT PERMIT & NOTICE OF APPROVAL
POSTED ON SITE AND IN THE HAMLET OFFICE
Location of Development:
Civic Address: ________________________
Block No.: ___________ Lot No.: ___________ Plan No.: ___________
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: _________ Expiry Date: _________
Motion Number: _____________(if applicable)
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 14 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,if the development has not commenced within 6 months
from the date that the permit was issued, or if development has stopped for a period of 12 months.
ORIGINAL - Hamlet
1 COPY - Applicant
2 COPIES - to be posted
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50
FORM D
Permit No.: ____________
Date:
____________
DEVELOPMENT PERMIT - NOTICE OF REFUSAL
Development Permit No.:
You are hereby notified that your application for a Development Permit with regard to
the following:
Lot No.: ________
Block No.: _________
Plan No.: ___________
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 4.13 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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51
FORM E
Permit No.: ____________
Date:
____________
NOTICE OF APPEAL HEARING
This is to notify you that an appeal has been made to the DEVELOPMENT APPEAL
BOARD against a decision in respect of Application No.: __________ which involves
development described as follows:
Lot No.: __________
Block No.: __________
Plan No.: ___________
Site Address: ___________________
This decision was:
APPROVED:
APPROVED - with conditions:
REFUSED:
Reasons for this decision are as follows:
Place of Hearing: _____________________________________________________
Time of Hearing:
Date of Hearing: _____________________
Any persons affected by the proposed development have the right to present a written
brief prior to the hearing and to be present and be heard at the hearing. Persons
requiring to be heard at the meeting shall submit the written briefs to the Secretary of
the Development Appeal Board not later than: ________________________________
Date
Secretary of the Development Appeal Board
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FORM F
Permit No.: ____________
Date:
____________
NOTICE OF APPEAL DECISION
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 _______________200_
and the decision of the DEVELOPMENT APPEAL BOARD with regard to the appeal is
as follows and for the following reasons:
Date
Secretary of the 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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53
FORM G
Permit No.: ____________
Date:
____________
STOP WORK NOTICE
POSTED ON SITE AND AT THE HAMLET OFFICE
You are hereby notified that your development is in contravention of the Cambridge
Bay Zoning By-law by reason of:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
You are requested to take remedial action to conform to the By-law/Permit as follows:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Failure to comply with this request within 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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54
FORM H
Permit No.: ____________
Date:
____________
USE OF LAND IS IN VIOLATION OF THE CAMBRIDGE BAY
ZONING BY-LAW NOTICE
POSTED ON SITE AND AT THE HAMLET OFFICE
You are hereby notified that your development and/or Use of Land is in contravention of
the Cambridge Bay Zoning By-law by reason of:
______________________________________________________________________
______________________________________________________________________
You are requested to take remedial action to conform to the By-law as follows:
________________________________________________________________
________________________________________________________________
________________________________________________________________
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 I
Date: ____________
Fee: $350
APPLICATION FOR AMENDMENT TO THE ZONING
BY-LAW
Zoning Amendments are subject to the provisions of the Planning Act
Section 29 and Section 4.11 of this By-law.
I hereby make application to amend the Zoning By-law.
Applicant:
Telephone:
Address:
Owner of Land or Lessee: Telephone:
Address:
Land Description: Lot: Block: ___________
Plan: __________
Civic Address: _________________________________________
Amendment Proposed:
From: To: ___________________________________
By-Law Section(s): _____________________
Reasons in support of Application for Amendment:
Signature of Applicant
Date
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56
SCHEDULE 3
Fees for Development Permits Applications**
One Family Dwelling
$50.00
Multi Family
$150.00 *
Commercial/Industrial
$175.00 *
Home Occupation
$50.00
Signs (bilingual)
$10.00
Additions, fences, decks
accessory buildings;
A) Over $2,000.00
$50.00
B) Under $2000.00
$25.00
Variance Request
$50.00
Application to Amend Zoning By-Law $350.00
*Extra $10.00/$10,000.00 estimated value for anything over an estimated
construction cost of $1,000,000.00
** Council reserves the right to change fee amounts without notice.