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KINNGAIT ZONING BY-LAW
BY-LAW NO. 210
2020-2040
SCHEDULE 2:
ZONING REGULATIONS
Kinngait Zoning By-law No. 210
Table of Contents
2024
i
Table of Contents
TABLE OF CONTENTS .................................................................................................................. I
SECTION 1 - INTRODUCTION & INTERPRETATION ................................................................ 1
PURPOSE ................................................................................................................................................. 1
DEFINED AREA ........................................................................................................................................ 1
SCOPE ...................................................................................................................................................... 1
VALIDITY ................................................................................................................................................... 1
ESTABLISHMENT OF ZONES.................................................................................................................. 1
INTERPRETATION OF ZONING BOUNDARIES ...................................................................................... 1
SECTION 2 - DEFINITIONS .......................................................................................................... 2
INTERPRETATION ................................................................................................................................... 2
DEFINITIONS ............................................................................................................................................ 2
SECTION 3 - ADMINISTRATION ............................................................................................... 11
POWERS OF COUNCIL .......................................................................................................................... 11
DEVELOPMENT OFFICER ..................................................................................................................... 11
DEVELOPMENT PERMIT ....................................................................................................................... 12
DEVELOPMENT PERMIT SUBMISSION REQUIREMENTS ................................................................. 12
NOTICE OF DECISION ........................................................................................................................... 14
EXPIRY OF DEVELOPMENT PERMIT ................................................................................................... 14
ENFORCEMENT ..................................................................................................................................... 14
DEVELOPMENT APPEAL BOARD ......................................................................................................... 14
ZONING BY-LAW AMENDMENTS ......................................................................................................... 15
VIOLATIONS AND PENALTIES .............................................................................................................. 16
SECTION 4 - COMPLIANCE WITH OTHER REGULATIONS ................................................... 17
BUILDING PERMIT ................................................................................................................................. 17
NUNAVUT WATER BOARD, CROWN-INDIGENOUS RELATIONS AND NORTHERN AFFAIRS
CANADA, AND DEPARTMENT OF FISHERIES AND OCEANS CANADA .............................................. 17
LEGAL LAND TENURE ........................................................................................................................... 17
NUNAVUT PLANNING COMMISSION (NPC) AND NUNAVUT IMPACT REVIEW BOARD (NIRB) ....... 18
AIRPORT ZONING REGULATIONS ....................................................................................................... 18
SCIENTIFIC INSTALLATIONS ................................................................................................................ 18
ARCHAEOLOGICAL SITES .................................................................................................................... 18
GRANULAR RESOURCES ..................................................................................................................... 19
SECTION 5 - GENERAL PROVISIONS ...................................................................................... 20
ACCESSORY BUILDING, STRUCTURE OR USE.................................................................................. 20
TEMPORARY CONSTRUCTION USES PERMITTED ........................................................................... 20
RESTORATION TO A SAFE CONDITION .............................................................................................. 20
BUILDING TO BE MOVED ...................................................................................................................... 20
FRONTAGE ON A STREET .................................................................................................................... 21
HEIGHT ................................................................................................................................................... 21
FRONTAGE ON CURVES ....................................................................................................................... 22
FENCES .................................................................................................................................................. 22
MULTIPLE USES ON A LOT ................................................................................................................... 22
DISTANCE FROM WATERCOURSES ................................................................................................... 22
PARKING REQUIRMENTS ..................................................................................................................... 22
LOADING SPACE REQUIREMENTS ..................................................................................................... 23
Kinngait Zoning By-law No. 210
Table of Contents
2024
ii
SATELLITE DISHES ............................................................................................................................... 23
DAY CARE FACILITIES .......................................................................................................................... 23
HOME OCCUPATION ............................................................................................................................. 23
BED AND BREAKFAST ........................................................................................................................... 24
YARD REGULATIONS ............................................................................................................................ 24
MINOR VARIANCE ................................................................................................................................. 24
NON-CONFORMING BUILDING OR USE .............................................................................................. 25
MULTIPLE ZONES .................................................................................................................................. 25
UTILITIES ................................................................................................................................................ 25
PERMITTED PROJECTIONS INTO YARDS ........................................................................................... 25
SECTION 6 - ZONE REGULATIONS .......................................................................................... 27
RESIDENTIAL (R) ................................................................................................................................... 27
COMMERCIAL/COMMUNITY USE (C) ................................................................................................... 29
OPEN SPACE (OS) ................................................................................................................................. 31
INDUSTRIAL (I) ....................................................................................................................................... 32
GRANULAR RESOURCES (ME) ............................................................................................................ 34
WASTE DISPOSAL (WD) ........................................................................................................................ 35
NUNA (N) ................................................................................................................................................. 36
TRANSPORTATION (T) .......................................................................................................................... 37
MUNICIPAL RESERVE (MR) .................................................................................................................. 38
SECTION 7 - FORMS .................................................................................................................. 39
FORM A - APPLICATION FOR DEVELOPMENT PERMIT ................................................................................. 40
FORM B - APPLICATION FOR HOME OCCUPATION ...................................................................................... 43
FORM C - DEVELOPMENT PERMIT & NOTICE OF APPROVAL ...................................................................... 45
FORM D - NOTICE OF DEVELOPMENT PERMIT REFUSAL ............................................................................. 46
FORM E - NOTICE OF APPEAL HEARING .................................................................................................... 47
FORM F - NOTICE OF APPEAL DECISION ................................................................................................... 48
FORM G - STOP WORK NOTICE ................................................................................................................ 49
FORM H - USE OF LAND IN VIOLATION OF ZONING BY-LAW NOTICE ............................................................ 50
FORM I - APPLICATION FOR AMENDMENT TO ZONING BY-LAW .................................................................... 51
FORM J - REQUEST FOR VARIANCE .......................................................................................................... 52
Kinngait Zoning By-law No. 210
Introduction & Interpretation
1
SECTION 1 - INTRODUCTION & INTERPRETATION
PURPOSE
1.1
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.
DEFINED AREA
1.2
This By-law applies to all lands within the Municipal Boundaries of the Hamlet of
Kinngait.
SCOPE
1.3
No land shall be used and no development shall take place within the Hamlet of
Kinngait 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 Kinngait is divided into zones. The
extent and boundaries of all zones are delineated on Schedule 3 - Community Plan
and Zoning Map which specifies 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 centreline of a public road, a
surveyed lot line, or an unsurveyed lease sketch.
Kinngait Zoning By-law No. 210
Definitions
2
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. An accessory use must have a gross floor area lesser to the building which
houses the main use on the same 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.
"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.
"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.
Kinngait Zoning By-law No. 210
Definitions
3
"AUTOMOTIVE REPAIR, SALES OR RENTAL SHOP" means the use of a site or building
where motor vehicles less than 4,500 kg may be repaired, serviced, stored for rental, sale
or display.
"BEACH SHACK" means 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 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.
"BROADCASTING STUDIO" means a radio or television studio.
"BUILDING" means any structure, erection, stockpile, sign or fixture built or placed on
land.
"BUILDING SUPPLY AND/OR 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.
"CABIN" means a building that is located in the Nuna and is used for recreation and land-
based harvesting purposes. Cabins are not intended for long-term human habitation.
Cabins shall not exceed 20 m² in gross floor area.
"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 commercial 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 VECHICLE" means any vehicle, which is licensed as a commercial carrier
as determined by the Registrar of Motor Vehicles.
"COMMUNICATIONS FACILITIES" 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.
Communications facilities include the antennae or transmit/receive equipment, a support
structure or tower, and a small building to shelter equipment.
Kinngait Zoning By-law No. 210
Definitions
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"COMMUNITY FREEZER" means a thermally insulated building maintained at a
subfreezing temperature to freeze and store food for the community's use.
"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 USES" 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 KINNGAIT.
"CRAFT STUDIO" means the workplace of an artist or craftsperson, 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.
"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 AGREEMENT" means a binding contract between the Hamlet of
Kinngait and the proponent of a development. Development Agreements may only be used
where the Planning Act permits a Council, an approving authority or Development Appeal
Board to impose limitations or requirements as a condition of issuing a permit. The
agreement requires observance of limitations or requirements on the development of the
land and is considered a covenant running with the land.
"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
Kinngait Zoning By-law No. 210
Definitions
5
recreational or commercial purposes or in the maintenance of a subsistence lifestyle.
"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.
"EMERGENCY AND PROTECTIVE SERVICES" means a public facility used by fire,
police, ambulance, and others as a base of operations.
"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.
Kinngait Zoning By-law No. 210
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 Kinngait known as the
Kinngait 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.
"HEAVY EQUIPMENT AND VEHICLE YARD" means premises used for the storage, sale,
rental, and servicing of heavy equipment and vehicles (over 4,500 kg).
"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.
Kinngait Zoning By-law No. 210
Definitions
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"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.
"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.
Kinngait Zoning By-law No. 210
Definitions
8
"MANUFACTURING PLANT" means an establishment involved in the production,
processing, finishing, refinishing or assembly of various articles and commodities.
"MOTOR VEHICLE" means an automobile, truck, all-terrain vehicle, snowmobile, or other
recreational vehicle, but does not include heavy equipment vehicles.
"MUNICIPALITY" means the Hamlet of Kinngait.
"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.
"OPEN 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.
"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 in
the yard.
"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.
"PERMANENT HUNTING AND FISHING CABINS OR CAMPS". See "CABIN" and/or
"BEACH SHACK".
"PERMITTED USES" are those uses which may be approved by the Development Officer
in a particular zone, provided that the use conforms to the regulations of the particular zone
to which the use applies and all other regulations of 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.
Kinngait Zoning By-law No. 210
Definitions
9
"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.
"PUBLIC STREET" means a road which affords the principal means of access to abutting
lots and is open and maintained on a regular, year-round basis by the Corporation.
"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 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 AND REPAIR 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 Kinngait.
"STREET LINE" means the boundary line of a road right-of-way..
"STRUCTURE" means anything that is erected or constructed, either temporary or
Kinngait Zoning By-law No. 210
Definitions
10
permanent, the use of which requires location on the ground or attachment to something on
or in the 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.
"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.
Kinngait Zoning By-law No. 210
Compliance with Other Regulations
11
SECTION 3 - ADMINISTRATION
POWERS OF COUNCIL
3.1
All development must be approved by Council, unless otherwise stated in this By-
law.
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.
DEVELOPMENT OFFICER
3.3
The Hamlet Council shall appoint a Development Officer as an authorized Officer of
Council.
3.4
The Council will authorize the Development Officer to perform the following duties:
(a)
Exercise, on behalf of Council, the powers of Council under section 20
(Unauthorized Construction) 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 and review applications for Development Permits, amendments and
variances to this By-law;
(e)
Prepare a report to Council regarding applications for Development Permits,
amendments and variances to this By-law;
(f)
Approve, approve with conditions, or refuse Development Permit
applications, subject to the authority provided by Council.
(g)
Issue Notice of Decisions subject to the provisions of this By-law;
(h)
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;
(i)
Carry out any inspection on lands or premises necessary to enforce this By-
law.
Kinngait Zoning By-law No. 210
Compliance with Other Regulations
12
DEVELOPMENT PERMIT
3.5
No person or agency shall undertake development without a Development Permit.
3.6
No Development Permit shall be issued for development that is in contravention of
this By-law.
3.7
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.
3.8
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 Kinngait or to obtain any license, permission, or permit required by municipal,
territorial and federal legislation.
3.9
All development requires a Development Permit except for the following:
(a)
For grading or landscaping where the cutting or filling is less than (one) 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 Nuna;
(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 the Hamlet on land which is publicly owned or controlled;
(g)
Temporary election campaign signs and signs not exceeding 1 square metre
in size.
(h)
Decks or open porches in the Residential Zone that meet all provisions of this
By-law.
DEVELOPMENT PERMIT SUBMISSION REQUIREMENTS
3.10 A complete application form for a Development Permit must be submitted to the
Development Officer. The Development Officer may reject an incomplete
application.
3.11 Every application shall be accompanied by:
(a)
The required application fee calculated as follows (where development
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involves more than one type of development the fees shall equal the value of
the highest single fee):
(i)
The required application fee calculated as follows:
(i)
Residential projects: $10 application fee plus $20 for the first
$10,000 of project value, PLUS $10 for every $10,000 of
project value thereafter to a maximum permit fee of $250.
(ii)
Non-residential projects: $10 application fee plus $20 for the
first $10,000 of project value, PLUS $10 for every $10,000 of
value thereafter to a maximum permit fee of $500.
(iii)
All accessory uses: $25.
(iv)
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)
The Development Officer may require additional information.
(d)
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.
(e)
A letter of Consent from the appropriate Landlord is also required.
(f) Signed copies of a deed, lease, or reserve agreement for the land.
(g) 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.
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NOTICE OF DECISION
3.12 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.
3.13 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.
3.14 When an application is approved, the Development Officer will within 3 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.
3.15 When a Variance has been granted, the Development Officer will within 3 days of
the date of decision, send a Notice of Decision to adjacent property owners.
3.16 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
3.17 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
3.18 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
3.19 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
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be appointed for a 3 year consecutive term. The Development Appeal Board will not
include employees of the Hamlet.
3.20 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.
3.21 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.
3.22 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.
ZONING BY-LAW AMENDMENTS
3.23 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
3.24 Typical 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.
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3.25 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
3.26 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
3.27 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.
3.28 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.
3.29 Any person who undertakes or permits development on land without a Development
Permit or 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 Kinngait or to
obtain any license, permission, or permit where authority or approval is required by
any other by-law of the Municipality of Kinngait 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.
LEGAL LAND TENURE
4.6
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.
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NUNAVUT PLANNING COMMISSION (NPC) AND NUNAVUT IMPACT REVIEW BOARD
(NIRB)
4.7
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.
4.8
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.
AIRPORT ZONING REGULATIONS
4.9
Any land use must be compliant with the Kinngait 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 use 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 metres 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, STRUCTURE OR USE
5.1
Accessory uses, buildings, and structures shall be permitted in any zone but shall
not:
(a)
Be used for a residential use except where a dwelling is a permitted
accessory use.
(b)
Be used for the keeping of animals other than household pets.
(c)
Be built closer to the front or exterior side lot line than the minimum distance
required for the main building.
(d)
Locate closer than 2.0 m to any interior side or rear lot line.
(e)
Exceed one-half the height of the main building or exceed a height of 4.6
metres (15 feet) in a residential zone.
(f)
Exceed 40 square metres in any Residential Zone.
TEMPORARY CONSTRUCTION USES PERMITTED
5.2
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.
RESTORATION TO A SAFE CONDITION
5.3
Nothing in this By-law shall prevent the strengthening or restoring to a safe condition
of any building or structure.
BUILDING TO BE MOVED
5.4
No building, residential or otherwise, shall be relocated without obtaining a
Development Permit.
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HEIGHT
FRONTAGE ON A STREET
5.5
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.
HEIGHT
5.6
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.
HEIGHT
grade
5.7
The height of buildings and structures in the vicinity of airports are regulated by
Airport Zoning Regulations. Refer to section 4.9.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.
5.8
ts, 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.
5.9
ls, stacks, water tanks, or windmills. Notwithstanding the foregoing, limitations
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prescribed by a Federal Ministry or other Authority with respect to height limitations
and appropriate lighting in the vicinity of airfields shall prevail.
5.10 Federal Ministry or other Authority with respect to height limitations and appropriate
lighting in the vicinity of airfields shall prevail.
5.11
FRONTAGE ON CURVES
5.12 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 metres.
FENCES
5.13 No fences are permitted in residential zones. Fences may be permitted in industrial,
airport and community use zones but would be subject to terms and conditions set
out by the Council.
MULTIPLE USES ON A LOT
5.14 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.
DISTANCE FROM WATERCOURSES
5.15 No development shall be permitted within 30.5 metres (100 feet) of a navigable
waterbody or fish habitat, except subject to terms and conditions of the Hamlet
Council.
PARKING REQUIRMENTS
5.16 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)
Commercial - 1 space per 75 sq. m. gross floor space
(d)
Industrial - 1 space for every 3 people working on site
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(e)
Community Use, School - 1 space for every 3 people working on site
(f)
Community Use, Other - 1 space per 75 sq. m. gross floor space
(g)
Open Space - Discretion of Development Officer or Council.
5.17 Each required standard parking space shall be 6.0m in length and 2.7m wide.
5.18 For a required parking area of more than 6 spaces, at least one space for every 15
spaces must be a designated accessible space for vehicles accommodating those
with disabilities. An accessible space shall be 6.0m in length and 3.7m wide.
LOADING SPACE REQUIREMENTS
5.19 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.
SATELLITE DISHES
5.20 Satellite dishes shall not be permitted between the building and the street line.
Poles must be to the side or rear and positioned so as to avoid obstructing parking
and/or service delivery. Ground-mounted satellite dishes shall not be permitted in
the Residential Zone.
DAY CARE FACILITIES
5.21 Where Day Cares are permitted under this By-law, all day care centers or home day
cares must comply with the Nunavut Building Code Act, the Fire Safety Act,the Child
Day Care Act, and the Child Day Care Standards Regulations, as amended.
HOME OCCUPATION
5.22 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 metres (3 square feet);
(d)
No more than 25% of the gross floor area of the dwelling shall be used for a
home occupation.
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BED AND BREAKFAST
5.23 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 metres in area
nor exceed one in number.
(d)
On street parking shall be prohibited.
(e)
The use should conform to the Nunavut Building Code Act and Regulations.
(f)
YARD REGULATIONS
5.24 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.
5.25 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.
MINOR VARIANCE
5.26 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%
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NON-CONFORMING BUILDING OR USE
5.27 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 or knowingly removed and remains unused for a period of one (1)
year or more, any new use or building must conform to this By-law.
MULTIPLE ZONES
5.26 If any lot contains multiple zones, the zoning regulations associated with the zone
containing the largest area of the lot area shall prevail.
UTILITIES
5.27 Structures or buildings required by the Hamlet of Kinngait 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,
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.
PERMITTED PROJECTIONS INTO YARDS
5.28 Despite any other provision to the contrary, the following features and other similar
features are permitted to project from a principal building into a required yard in
accordance with the following table.
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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
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SECTION 6 - ZONE REGULATIONS
RESIDENTIAL (R)
6.1
Permitted Uses
Dwelling, Single-Unit
Dwelling, Semi-Detached or Duplex
Dwelling, Rowhouse
Park or Playground
Any accessory building, structure or use, subject to Section 5.1.
6.2
Conditional Uses
Bed and Breakfast
Craft Studio
Day Care Centre
Dwelling, Multi-Unit
Dwelling, Mini Home
Elders Facility
Group Home
Home Occupation
Secondary Suite
6.3
Zone Requirements
(a)
The following provisions applies to all development in the Residential Zone:
Yard Setbacks (minimum)
Front
6
metres
Rear
6 metres
Rear, backing onto an OS Zone
2.5 metres
Side (Exterior)
4 metres
Side (Interior)
6 metres
Building Height (maximum)
8.5 metres
(b)
Despite the provisions of Section 6.3(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.
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(c)
Parking or storage of a commercial vehicle having a gross vehicle weight of
4,500 kg or construction equipment including bulldozers, backhoes, 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.
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COMMERCIAL/COMMUNITY USE (C)
6.4
Permitted Uses
Bank
Broadcasting Studio
Commercial Recreation
Communications Facility
Community Freezer
Community Hall or Centre
Convenience Store
Craft Studio
Day Care Centre
Educational Facility
Elders Facility
Emergency and Protective Services
Group Home
Health Care Facility
Hotel
Office/Government Office
Park or Playground
Parking Lot
Personal Service
Place of Worship
Post Office
Restaurant
Retail Store
Service and Repair Shop
Any accessory building, utility, structure, or use, subject to Section 5.1
6.5
Conditional Uses
Accessory Dwelling Unit for Staff
Cemetery
Contractor's shopDwelling unit(s) in a non-residential building provided that the
dwelling unit(s) are above the ground floor.
Home occupation
Uses similar in character and purpose to those listed for this zone
6.6
Zone Requirements
(a)
The following provisions applies to all development in the Commercial Zone:
Yard Setbacks (minimum)
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Front
6 metres
Rear
6 metres
Side (Exterior)
4 metres
Side (Interior)
6 metres
Building Height (maximum)
10.7 metres (35 feet)
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OPEN SPACE (OS)
6.13 Permitted Uses
Beach Shacks
Boat Storage
Dock
Monument, Cairn, or Statue
Park or Playground
Shed to store equipment for traditional, cultural, and recreational activities
taking place in the Zone.
Snow Fence
Sports Field
Temporary Outdoor Storage of sealift equipment during sealift
Washroom Facility
6.14 Conditional Uses
Communications FacilityTemporary Tenting or Camping
Uses similar in character and purpose to those listed for this zone
6.15 Zone Requirements
(a)
The following provisions applies to all development in the Open Space Zone:
Gross Floor Area (maximum)
25 square metres
Building Height (maximum)
3.1 metres (10 feet)
(b)
No building or structure shall be located closer than 10m to any lot line.
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INDUSTRIAL (I)
6.16 Permitted Uses
Automotive Gas Bar
Automotive Repair, Sales or Facility
Building Supply or Contractors Shop
Caretaker Unit
Heavy Equipment and Vehicle Yard
Municipal Garage
Outdoor Storage
Rental Shop
Recycling Depot
Warehouse
Communications Facility
Any accessory building, structure or use, subject to Section 5.1
6.17 Conditional Uses
Fuel Storage Facility
Hazardous Goods Storage
Manufacturing Plant
Power Generation Facility
Uses similar in character and purpose to those listed for this zone
6.18 Zone Requirements
(a)
The following provisions applies to all development in the Industrial Zone:
Yard Setbacks (minimum)
Front
6 metres
Rear
8 metres
Side (Exterior)
6 metres
Side (Interior)
8 metres
Building Height (maximum)
10.7 metres (35 feet)
(b)
The following provisions shall apply to Caretaker Units:
i.)
Only one Caretaker Unit is permitted on a lot;
ii.)
A Caretaker Unit is subject to the General Sanitation Regulations of
the Public Health Act and can generally not be located within 450m of
an active Solid Waste Site or Sewage Treatment Area; and,
iii.)
Council must be satisfied that the Caretaker Unit will not be used as a
rental unit.
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Hazardous goods storage or tank farm uses shall not be permitted within 30.5 metres of
any
watercourse.
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GRANULAR RESOURCES (ME)
6.19 Conditional Uses
Quarry
6.20 Zone Requirements
All quarries subject to Sections 4.13 to 4.15 of this by-law
Kinngait Zoning By-law No. 210
Zone Regulations
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WASTE DISPOSAL (WD)
6.21 Conditional Uses
Waste disposal site
Sewage treatment system
6.22 Zone Requirements
(a)
No residential development or commercial development involving food
storage, handling or preparation shall take be permitted within 450 metres of
an active waste disposal site.
Kinngait Zoning By-law No. 210
Zone Regulations
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NUNA (N)
6.23 Permitted Uses
Dog Team
Temporary tenting or camping
6.24 Conditional Uses
Beach shack
Cabin
Quarry
Cemetery
Commercial Harvesting
Communications Facility
Permanent hunting and fishing cabins or camps
Resource exploration and development
Snow Fence
Tourist Facilities
Wind Turbine
Any accessory building, structure, or use, subject to Section 5.1
Uses similar in character and purpose to those listed for this zone
6.25 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.
(b)
No development is permitted within 150 metres downwind of any snow fence
without the approval of council.
(c)
No development is permitted within 200 metres of a wind turbine.
(d)
No development is permitted within 100 metres of an Archaeological or
Paleontological Site.
(e)
Cabins may not be located closer than 30.5m to a waterbody and/or road
(whether it be surveyed or not).
Kinngait Zoning By-law No. 210
Zone Regulations
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TRANSPORTATION (T)
6.26 Permitted Uses
Airport and related uses
Communications Facility
Sea Lift facility
6.27 Zone Requirements
(a)
Any development within the Transportation Influence Zone as indicated on
the General Land Use Map shall be subject to the approval of NAV Canada
and Nunavut Airports.
(b)
No development shall occur within 200 metres of the Non-Directional Beacon
(NDB) Site.
Kinngait Zoning By-law No. 210
Zone Regulations
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MUNICIPAL RESERVE (MR)
6.28 Zone Requirements
(a)
The Municipal Reserve Zone identifies lands that are considered for future
redevelopment.
(b)
Lands in this zone may not currently be suitable due to the potential
presence of development constraints such as waste disposal buffers, known
contaminants requiring remediation or unfavourable topography.
(c)
No development is permitted in the MR Zone unless of temporary nature,
subject to Council approval.
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 Kinngait Zoning By-law Notice.
Form I
Application for Amendment to the Zoning By-law
Form J
Request for Variance
Describe the proposed development:
FORM A - Application for Development Permit
APPLICATION FOR DEVELOPMENT PERMIT
Permit No.:
Date:
Application Fee:
(see Section 3.11a)
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.:
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:
Development Permit Applications shall be accompanied by the following
information:
1) Site Plan. See Section No 3.11(b).
2) Certificate from Nunavut Impact Review Board approving a proposed industrial
development.
3) Approval from the Nunavut Water Board if the project requires filling or altering a
water body.
4) Approval from Fisheries and Oceans Canada if the project has potential to impact
fish and/or fish habitat.
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 Kinngait.
Signature of Applicant Date (mm/dd/yyyy)
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 (mm/dd/yyyy)
Land Owner
(not required if the lessee or
landowner is the applicant)
FORM B - Application for Home Occupation
APPLICATION FOR HOME OCCUPATION
I/We hereby make application under the provisions of the Zoning By-law No. 210 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:____________________________________________.
(* 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 5.19
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 two 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); and
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 Kinngait.
Signature of Applicant
Date
Permit No.:
Date:
FORM C - Development Permit & Notice of Approval
DEVELOPMENT PERMIT - NOTICE OF APPROVAL
POSTED ON SITE, IN THE HAMLET OFFICE
Development involving:___________________________________________________
as further described in Application No.: has been:
APPROVED:
APPROVED - subject to conditions (see attached):
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:
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 3.19 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: ______________________
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:
Reason(s) 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)
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.
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 Kinngait Zoning
By-law, No. 210, 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
FORM H - Use of Land in Violation of Zoning By-law Notice
USE OF LAND IS IN VIOLATION OF THE KINNGAIT
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 Kinngait Zoning
By-law, No. 210 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
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 3.23 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 (mm/dd/yyyy)
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.
Requirements, Refer to Section 5.23.
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 for variance 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 Kinngait.
Signature of Applicant
Date (mm/dd/yyyy)
Fee:
$75