Northern Village of Kuujjuaq - Zoning By-Law — full text

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## NORTHERN VILLAGE OF KUUJJUAQ ZONING BY-LAW BY-LAW NO. 2017-02 ## TABLE OF CONTENTS | PART 1 - INTRODUCTION 1 | PART 1 - INTRODUCTION 1 | PART 1 - INTRODUCTION 1 | |------------------------------------------------------|-------------------------------------------------------|---------------------------| | 1.1 | PURPOSE OF THIS BY-LAW | | | 1.2 | ROLES & POWERS | | | 1.2.1 | COUNCIL. | | | 1.2.2 | DEVELOPMENT OFFICER | | | 1.2.3 | LAND USE COMMITTEE. | | | | 1.2.4 APPLICANT. | | | PART 2 - APPLICATION AND INTERPRETATION OF BY-LAW... | PART 2 - APPLICATION AND INTERPRETATION OF BY-LAW... | | | 2.1 | LANDS TO WHICH BY-LAW APPLIES.. | | | 2.2 | ZONES.. | | | 2.3 | ZONING MAP... | | | 2.4 | INTERPRETATION OF THE ZONING MAP. | | | 2.5 | MEASUREMENTS.. | | | PART 3 - DEVELOPMENT PERMITS..... | PART 3 - DEVELOPMENT PERMITS..... | 6 | | 3.1 | EXCEPTIONS TO ZONE REGULATIONS | | | 3.2 | DEvELOPMENT PERMIT | | | 3.3 | PROCEDURE FOR FILING A DEVELOPMENT PERMIT APPLICATION | | | 3.4 | DecIsIoN oN DeveLoPMenT PERMIT APPLICATIONS | | | 3.5 | VALIDITY OF A DEVELOPMENT PERMIT | | | 3.6 | DISPLAYING OF DEVELOPMENT PERMIT.. | | | 3.7 | REVOCATION OF DEVELOPMENT PERMIT. | 9 | | 3.8 | MODIFICATION TO A DEVELOPMENT PERMIT | 9 | | 3.9 | COMPLETION OF CONSTRUCTION WORK. | 9 | | PART 4 - GENERAL PROVISIONS ........... | PART 4 - GENERAL PROVISIONS ........... | .11 | | 4.1 | ACCESSOry BUILDINGS OR STRUCTURES | 11 | | 4.2 | NON-CONFORMING USE OR BUILDING/STRUCTURE | 11 | | 4.3 | PERMITTED PROJECTIONS .. | ..11 | | 4.4 | PUBLIC UTILITIES.. | 12 | | 4.5 | ROAD DESIGN STANDARDS | 12 | | 4.6 | SErVICING ACCESS FOR PUBLIC UTILITY VEHICLES. | .13 | | 4.7 | ZONING OF ROADS.. | 13 | | PART 5 - ZONE REGULATIONS | PART 5 - ZONE REGULATIONS | .14 | | 5.1 | RESIDENTIAL ZONE | 14 | | 5.2 | VILLAGE CORE. | 15 | | 5.3 | COMMERCIAL & COMMUNITY SERVICES ZONE | .17 | | 5.4 | INDUSTRIAL ZONE.. | 19 | | 5.5 | TRANSPORTATION & COMMUNICATIONS ZONE | 20 | | 5.6 | RECREATIONAL ZONE | 21 | | 5.7 | CONSERVATION ZONE | 21 | | 5.8 | NUNA ZONE.. | ..22 | | PART 6 - DEFINITIONS................... | PART 6 - DEFINITIONS................... | ...25 | | PART 7 - INFRACTIONS & ENFORCEMENT.. | PART 7 - INFRACTIONS & ENFORCEMENT.. | ..32 | | ENFORCEMENT PROCESS ...32 | ENFORCEMENT PROCESS ...32 | |--------------------------------|---------------------------------| | 7.1 | INFRACTIONS.. 33 | | 7.2 | PENALTIES. 33 | | 7.3 | LEGAL ACTION 33 | | PART 8 - FINAL PROVISIONS.. 34 | PART 8 - FINAL PROVISIONS.. 34 | | 8.1 | VERSIONS .34 | | 8.2 | REPEAL OF PREVIOUS BY-LAWS ..34 | | 8.3 | COMING INTO EFFECT. 34 | | 8.4 | COPY. ..34 | ## APPENDIX A-AMENDMENTS ## APPENDIX B - EXAMPLES OF FORMS DeveLoPMeNT PERMIT APPLICATION Form DEVELOPMENT PERMIT NOTICE OF REFUSAL RENEWAL OF PERMIT ZONING AMENDMENT APPLICATION Form NOTICE OF ENFORCEMENT INFRACTION REPORT TO COUNCIL PUBLIC HEARING NOTICE (ZONING BY-LAW AMENDMENT) PUBLIC HEARING NOTICE (MASTER PLAN AMENDMENT) ## NORTHERN VILLAGE OF KUUJJUAQ ## By-law No. 2017-02 ## Concerning the adoption of a zoning by-law for the municipal territory WHEREAS pursuant to subsection 176 (2) of An Act respecting Northern villages and the Kativik Regional Government (CQLR, c. V-6. 1; hereinafter the Kativik Act), the Municipal Council (hereinafter the Council) may adopt by-laws, subject to the master plan, to divide the territory of the municipality into zones in order to prescribe the architecture, dimensions, symmetry, alignment, destination, materials and the manner of assembling the same, of the structures which may erected therein, the use of any immovable located therein, the area and dimensions of lots, the proportion of lots which may be occupied by structures, the space which must be left clear between structures and the lines of lots, the space which, on such lots, must be reserved and arranged for the parking of vehicles, and the manner of arranging such space; WHEREAS - WHEREAS WHEREAS WHEREAS WHEREAS pursuant to subsection 199 (1) of the Kativik Act, the Council may adopt by-laws, subject to the master plan of the municipality, to order the opening, closing, widening, extension, changing, improvement, maintenance or regulation of streets and roads; the Council has adopted a Master Plan, by By-law No. 2017-03; pursuant to Section 167 of the Kativik Act, the Council may provide for the issuing of permits or certificates in relation to the application of a by-law contemplated in Section 176 of the Kativik Act; the Council acknowledges the ownership of Category 1 lands by the Landholding Corporation of Kuujjuaq (hereinafter the Landholding Corporation), its specific rights of administration and therefore the necessity of obtaining its authorization prior to executing any project requiring one; i notice of motion for this by-law was duly given during the preceding sitting o he Council held on June 20. 2017 Therefore, the Council of the Northern Village of Kuujjuaq, by this by-law, enacts and decrees as follow: ## PART 1 - INTRODUCTION The Zoning By-law of the Northern Village of Kuujjuaq, known as the Kuujjuaq Zoning Bylaw' is hereby adopted. In addition to being a legal text, this by-law is also to be used as a guideline to educate the community and development applicants about land uses and the land use planning process. Some sections are to be understood as such and are not to be understood as enforceable regulations. These sections are identified herein. The provisions of this by-law cannot be changed or repealed except by adopting another by-law in accordance with Section 142 and subsection 176.2 of the Kativik Act. ## 1.1 PURPOSE OF THIS BY-LAW Generally speaking, the purpose of the Zoning By-law is to enforce the policies of the Master Plan. Enforcing the policies of the Master Plan involves controlling where the different types of construction can take place in the village and controlling the size of buildings and their location on a lot. Like the Master Plan by-law, the Zoning by-law includes rules. Among others, these rules are called "regulations". The regulations allow Council to: - i. control where development takes place by imposing restrictions regarding the types of uses allowed in each land use zone; and - ii. control the size and location of building(s) on a lot by imposing restrictions called "setbacks" (they set the limits for placing a building inside a lot). The Zoning By-law requires that people obtain a written permission from Council before carrying out a development project or changing the use of a building or a lot. This written permission is called a "Development Permit". The zone names and colors are the same as the land use designations in the Kuujjuaq Master Plan. Reference should be made to the Land Use Designation and Zone Map in the Kuujjuaq Master Plan. Certain terms used in this by-law (such as setback, development, non-conforming use etc.) are specific to planning. The definition of these terms is provided in Part 6. Any term that is defined in Part 6 is shown in italics in the text. ## 1.2 ROLES & POWERS ## 1.2.1 COUNCIL Council has the power to develop and adopt the Master Plan and the Zoning By-law. The Zoning By-law is also subject to a Vote of the Electors (meaning referendum) prior to coming From time to time, it is necessary to amend (meaning making a change) the Master Plan and the Zoning By-law. Council has the authority to amend or repeal (meaning cancel) a Master Plan or the Zoning By-law. An amendment to the Zoning By-law also requires a Vote of the Electors. ## Council has the power to: - i. Appoint, by resolution, an employee of the Norther Village to serve as Development Officer to help manage and enforce the Master Plan and Zoning By-law; - il. Approve or reject Development Permit applications; - ill. Consider the recommendations of the Land Use Committee, if in effect. ## 1.2.2 DEVELOPMENT OFFICER The Development Officer manages and enforces the Master Plan and Zoning By-law on a daily basis. This work may not require a full-time position. This is why Council typically appoints an existing staff of the Northern Village, like the By-law officer, to act as Development Officer. The Development Officer has the authority to enforce the rules of the Master Plan and the Zoning By-law. The role of the Development Officer includes: - i. receiving Development Permit applications and collecting application fees; 2. ji. studying Development Permit applications and making recommendation to Council or inform land use committee if in effect, - ili. verifying if a proposed use is permitted in a zone, and if the use is not listed, deciding if it is a similar use. - iv. giving out Development Permits; 5. letting applicants know if their application is refused; - vi. keeping a record of all Development Permit applications, including the decision of Council, the reports on enforcements and enforcement actions; - vii. keeping a copy of the Master Plan, the Zoning By-law and all Development Permit application files available for the general public during office hours; 8. Viii. inspecting the work allowed under a Development Permit, - ix. receiving complaints; - x. visiting properties or buildings to make sure that the regulations of this by-law are being (or have been) followed; the owner, tenant or occupant of the land or building must allow the Development Officer on the property and answer any questions he/she has about the work; 11. Xi. notifying any person involved to cease any use or construction that does not follow the regulations of this by-law; - xii. preparing enforcement reports; - xiii. Giving out notices of enforcement and making follow-up inspections; - xiv. receiving applications for amendments, collecting application fees, preparing and posting public notices; - xv. forwarding copies of applications, infraction reports, and resolutions of Council to KRG Land Use Planning Section. ## 1.2.3 LAND USE COMMITTEE A Land Use Committee consists of 3 members of NV Council and 3 members from the Board of Directors of the Landholding Corporation. The purpose of the Land Use Committee is to review planning matters that Council has referred to the Committee for a ecommendation. The Committee is therefore an advisory committee and does not mak lecisions on Development Permit applications or any other planning matters related to thi Master Plan and Zoning By-law. Examples of planning matters that the Committee may provide recommendations on are: - i. Amendments to the Master Plan or Zoning By-law; - il. Application for a Development Permit. ## 1.2.4 APPLICANT The applicant is the person who submits an application for Development Permit, or amendment. He/she is responsible for consulting the Development Officer to better understand the rules that apply, for preparing and submitting the documents that must accompany an application and paying the fees that apply. The applicant is also responsible for submitting by e-mail a full copy of any application made to the NV to the KRG Land Use Planning Section ([email protected]). Finally, the applicant should make sure to obtain all necessary authorizations, notably from the Landholding Corporation or any other landowner. ## PART 2 - APPLICATION AND INTERPRETATION OF BY-LAW ## 2.1 LANDS TO WHICH BY-LAW APPLIES This By-law applies to all lands within the municipal boundary of the Northern Village of Kuujjuaq. Everyone including Council, the staff of the Northern Village, the Landholding Corporation, organizations, companies and residents must follow all the provisions of this by-  ## 2.2 ZONES A zone is an area in which certain land uses are allowed and certain regulations apply. For the purpose of this by-law, the land within the municipal boundary of the Northern Village of Kuujjuaq is divided into eight zones as defined in the Kuujjuaq Master Plan: - i. Residential - ii. Village Core - ili. Commercial & Community Services - iv. Industrial - v. Transportation & Communications - vi. Recreational - vii. Conservation - viii. Nuna ## 2.3 ZONING MAP The location and the boundary of each zone are shown on the Land Use Designation and Zone Map in the Kuujjuaq Master Plan. ## 2.4 INTERPRETATION OF THE ZONING MAP If the boundary of a zone is unclear, Council shall use the edge of the road right-of-way and surveyed lot lines to interpret the Land Use Designation and Zone Map. ## 2.5 MEASUREMENTS All measurements in this by-law are in metric units. ## PART 3 - DEVELOPMENT PERMITS ## 3.1 EXCEPTIONS TO ZONE REGULATIONS The development or redevelopment in the Northern Village of Kuujjuaq shall meet the zoning regulations in this By-law, unless: - The development is specifically exempted under section 3.2. - ii. The development involves a non-conforming use and/or building (Part 4.5). ## 3.2 DEVELOPMENT PERMIT A person must obtain a development permit from Council before beginning any construction work or before making any change to the use of land or a building, or before moving a building. The following development do not required a development permit: - minor repairs, renovation and normal maintenance of a structure or building as long as the size, and use of the structure, building or land are not changed; - an accessory building less than fifteen (15) square metres in size that meets all other regulations of this by-law; - a temporary building or structure installed for the duration of a construction project; - iv. signs; - V. decks that meet all other regulations of this by-law; - temporary camping structures for traditional and cultural activities including noncommercial tent camps and cabins in the Nuna zone; - vii. utility poles, power lines, cable and telephone lines. ## 3.3 PROCEDURE FOR FILING A DEVELOPMENT PERMIT APPLICATION An application should be submitted to the Development Officer 90 days before the beginning of the construction work. An electronic copy of the application, including all required documents, must be forwarded to the KRG Land Use Planning Section ([email protected]). The organization applying for a Development Permit must provide the following information: - i. a complete and signed Development Permit Application Form 2. a non-refundable fee paid to the Northern Village of Kuujjuaq. The fees, which includes all applicable taxes, are: - a. construction of any structure or building: $100 | b. addition to an existing building: | $100 | |--------------------------------------------------------------|--------| | C. moving a building: | $100 | | d. establishing or expanding a quarry or pit: | $100 | | e. changing the use of land or a building: | $100 | | f. construction or use of a building for temporary purposes: | $100 | | g. demolition of any structure or building: | $25 | | h. renewing a permit: | $25 | | i. excavation or gravel pad work: | $25 | | j. lot subdivision or merging of lots: | $100 | - Fees for applications submitted less than 90 days prior to the beginning of the construction work will be doubled; - iv. 2 copies of a survey plan prepared by a land surveyor that shows the dimensions of the lot, relationship to other surrounding lots and public roads. - V. 2 copies of a scaled site plan that shows: the lot dimensions, the lot setbacks, existing buildings, proposed main building(s), accessory buildings or structures, water hook-up, overfill pipe, culvert and oil tank locations, vehicle access to the lot, where fill will be introduced, and drainage; - vi. 2 copies of elevations of the proposed building(s); - vii. 2 copies of floor plans for the proposed building(s); - vili. Council may request a Traffic and Parking Study for a major facility to determine the appropriate amount of required parking. ## 3.4 DECISION ON DEVELOPMENT PERMIT APPLICATIONS Council is required to make a decision on Development Permit applications. Council will consider the recommendation of the Land Use Committee (if in effect) and will: - i. approve the application; - ii. approve the application with conditions; or - ili. refuse the application. Only complete applications will be reviewed. The Development Officer and Council will follow these steps when making a decision on a Development Permit application: - i. When the Development Officer receives a completed application for a Development Permit, he/she will study it to see whether the proposed development meets the policies of the Master Plan that apply and the regulations for the zone in which it is proposed; - ii. If a Land Use Committee (LUC) is in effect, the Development Officer will present the application to the LUC; - ili. After studying the application, the Development Officer, or the LUC when in effect, will give to Council his/her/its recommendations on whether the application should be approved, approved with conditions or refused; - iv. If the proposed development meets the policies of the Master Plan and the zoning regulations of this by-law, Council must approve the application; 5. If the proposed development does not meet the policies of the Master Plan and the provisions of this by-law, Council must refuse the application; - vi. If a proposed use is not specifically listed as permitted under this bylaw, the Development Officer and Council must decide if it is a "similar" use which could be approved. To be a similar use, the proposed use must: - a. comply with the general land use policies of the Master Plan that apply, - b. comply with the specific policies of the land use area of the Master Plan that apply; - c. not create traffic or noise that would disturb neighbours; - d. not endanger the safety or health of neighbours. - vii. Council's decision on a Development Permit application is adopted by resolution; - viii. Council can impose conditions as long as they do not conflict with the policies of the Master Plan and the regulations of this by-law that apply; - ix. The Development Officer can give out the Development Permit as soon as Council approves it. - x. Refusal of an application will be in writing, state the reasons, and specify the Parts) of the Master Plan or Zoning By-law that the application did not meet. ## 3.5 VALIDITY OF A DEVELOPMENT PERMIT Except for a temporary permit valid for the duration of the work or unless specified otherwise, a Development Permit is valid for 2 years after the day it is issued. If the work has not been completed by the end of the period stated on the Development Permit, the permit must be renewed. ## 3.6 DISPLAYING OF DEVELOPMENT PERMIT The Development Permit must be displayed as long as construction is going on, in a place where it can be seen from the street. ## 3.7 REVOCATION OF DEVELOPMENT PERMIT A Development Permit can be revoked if information given in the application was inaccurate or the construction does not follow the regulations of this by-law or of the permit. ## 3.8 MODIFICATION TO A DEVELOPMENT PERMIT If a person wants to change any of the information given about a project for which he/she holds a Development Permit, the person must inform the Development Officer of the changes he/she is considering. The person must also notify the KRG Land Use Planning Section ([email protected]). If the Development Officer finds that the changes deviate substantially from the approved project, the permit holder will have to submit a new application. If the Development Officer finds that the changes are minor, he/she may decide that a new changeson iring needed. The Development Officer must approve any work involving ## 3.9 COMPLETION OF CONSTRUCTION WORK Upon completion of construction work, the permit holder has 12 months to provide a survey plan of the building(s) and their location on the lot ## PART 4 - GENERAL PROVISIONS ## 4.1 ACCESSORY BUILDINGS OR STRUCTURES Accessory buildings or structures shall be permitted in any zone and shall not: - i. Be located closer than 3 metres to any front or exterior side lot line; 2. її. Be located closer than 1 metre to any interior side or rear lot line; - iii. Have a gross floor area greater than 40 m2; - iv. Have a gross floor area greater than 10 m? when located in a front yard or exterior side yard; - V. Have a height greater than 4 metres. ## 4.2 NON-CONFORMING USE OR BUILDING/STRUCTURE A non-conforming use, building or structure is allowed to continue even if it does not meet all the rules of this by-law. Non-conforming rights cannot be extended to portions of buildings or structures that encroach onto adjacent lots or lands. Non-conforming uses or buildings/structures must follow the rules below: - i. Non-conforming rights are transferrable to any new owner or occupant; - ii. A non-conforming building may be enlarged up to 20% of the gross floor area of the building as it existed on the date this by-law came into effect. - ili. A non-conforming use shall only be changed to a use permitted in the applicable zone. - iv. A non-conforming use that is discontinued for more than 1 year loses its nonconforming rights. Any new use must meet the regulations of this by-law. - V. A Development Permit issued prior to the coming into effect of this by-law remains valid until its expiry. 6. If more than 50% of the value of a non-conforming building is lost to damage or destruction, the property loses its non-conforming rights. New construction must comply with this by-law. - vii. If less than 50% of the value of a non-conforming building is lost to damage or destruction, the non-conforming rights for the property remain as long as the building is repaired and re-occupied within 3 years. ## 4.3 PERMITTED PROJECTIONS The following building projections can cross over the setback line: - i. bay windows, overhangs, porches, awnings and stairs provided that they do not cross over any setback line by more than 2 metres; and are not closer than 0.75 metre to a lot line. ## 4.4 PUBLIC UTILITIES An installation by a public utility for the purpose of delivering utility services such as power, telephone, water and sewage, and wireless communications, shall be permitted in any zone, except the Conservation Zone. An installation may include poles, wires, pads, cabinets, shelters, antenna, dishes or other such installations. ## 4.5 ROAD DESIGN STANDARDS Secondary ray must be at least 15 metres for main roads and at least 12 metres for  The intersecting of more than two (2) roads is prohibited.  Intersections must be at least 60 metres from one another, measured from the edge of the right-ofway, whether on the same or the opposite side.  Intersecting roads must meet at an angle of between 70 to 110 degrees and maintain this alignment for a distance of 30 metres from the centre of the intersection.  Dead-ends will be avoided, but where necessary will end in a circle with a radius of at least 15 metres.  ## 4.6 SERVICING ACCESS FOR PUBLIC UTILITY VEHICLES Nothing should obstruct the area where the water and sewer trucks pull-in to service a building. A corridor of at least three (3) metres between the street, sewage hook-ups, water hook-ups and oil tank must be left free of any obstacle. ## 4.7 ZONING OF ROADS No zoning applies to roads. ## PART 5 - ZONE REGULATIONS Zones have the same name and boundaries as the land use designations on the Land Use Designations and Zoning Map in the Kuujjuaq Master Plan. ## 5.1 RESIDENTIAL ZONE ## 5.1.1 Permitted Uses Bed and breakfast Craft studio Day care centre Dwelling, detached Dwelling, semi-detached Dwelling, duplex Mobile home Dwelling, multi-unit Elders' facility Group home Park or playground Home occupation Place of worship A use similar to the uses permitted in this zone Secondary suite ## 5.1.2 Zone Requirements - (a) The following provisions apply to all development in the Residential Zone: Yard Setbacks (minimum) for detached, semi-detached and duplex dwellings Front Rear Side (Exterior) Side (Interior) 6 metres 10 metres 5 metres 5 metres ## Yard Setbacks (minimum) for rowhouse and multi-unit dwellings Front Rear Side (Exterior) Side (Interior) 6 metres 12 metres 5 metres 8 metres - As an exception to the setback requirements noted above, the side yard where units are attached may be reduced to zero in the case of semi-detached dwellings or multi-unit dwellings, located on separate, adjacent lots; - (c) All buildings shall front on a public road. - (d) Parking or storage of large commercial vehicles or construction equipment, including bulldozers, backhoes, high hoes, and loaders is not permitted. - (e) The following provisions apply to bed and breakfasts: - (i) the bed and breakfast forms part of a single unit dwelling in which the owner must reside; - (ii) a maximum of four bedrooms can be used for a bed and breakfast, and - (iii) the use must respect all Building and Fire Codes. - (f) The following provisions apply to secondary suites: - (i) The suite forms part of a detached dwelling, or semi-detached dwelling; - (ii) The suite is structurally attached to or located within the principal dwelling; and - (iii) The suite does not exceed a floor area of 25% of the principal dwelling, or 60 m? of gross floor area, whichever is less. - (g) A home occupation is permitted in any dwelling unit or associated accessory building, subject to the following provisions: - (i) No more than two workers, other than the permanent residents of the premises, shall be engaged in the home occupation(s); - (ii) No more than 25% of the gross floor area of the dwelling unit shall be used for a home occupation(s); - (iii) There shall be no external display or advertising of the home occupation(s); - (iv) There shall be no goods, offered for sale or rent on the lot; - (v) The activity shall take place during normal business hours and shall not create or become a nuisance, particularly with regard to noise, odour, vibration, traffic or parking. ## 5.2 VILLAGE CORE ## 5.2.1 Permitted Uses Bank Cemetery Craft studio Community centre Convenience store Daycare centre Dwelling, multi-unit Dwelling, row-house Dwelling units) in a non-residential building, provided they are either at the back of the building or above the ground floor Elders' facility Educational facility Fire hall Gas station Group home Home occupation Health care facility Hotel Municipal/government office Office Park or playground Personal or business service Parking lot Place of worship Police station Post office Radio and television station Recreation facility Restaurant Retail store Youth centre A use similar to the uses permitted in this zone ## 5.2.2 Zone Requirements - (a) The following provisions apply to all development in the Village Core Zone: ## Yard Setbacks (minimum) Front Rear Side (Exterior) Side (Interior) 3 metres 6 metres 4 metres 3 metres - (b) All buildings shall front on a public road. - (c) No outdoor storage is permitted except consumer goods displayed for sale or kept in their sealift or air freight packaging, which may be stored in side and rear yards. They may not exceed 3 meters in height. - (d) New development in the Village Core Zone will be subject to the following parking provisions: - Parking shall be provided on the lot where the development is occurring. Council may also approve required parking to be located on an adjacent lot. - (ii) The number of parking spaces to be provided for a use shall be calculated as follows: - Any use in the Zone shall provide a minimum of 2 spaces; - Commercial office or retail use: 1 parking space per 60m2; - Institutional use (eg. health care facility, educational facility, place of worship): 1 space per 100m2; - Despite the above, Council may request a Traffic and Parking Study as part of the Development Permit Application for a major facility to determine the appropriate amount of parking. - (iii) Each parking space shall have minimum dimensions of 2.7 metres wide by 6 metres in length, and shall have either direct access to a public street, or access to a public street by a driveway no less than 3 metres in width. - (iv) Where parking for more than four vehicles is required, the parking area shall be arranged so that it is not necessary for any vehicle to reverse onto a public road. Vertical landscaping (eg. posts, rails, boulders) may be required to define the parking area. - (e) A home occupation is permitted in any dwelling unit or associated accessory building, subject to the following provisions: - (i) No more than two workers, other than the permanent residents of the premises, shall be engaged in the home occupations); - (ii) No more than 25% of the gross floor area of the dwelling unit shall be used for a home occupation(s); - (iii) There shall be no external display or advertising of the home occupations); - (iv) There shall be no goods offered for sale or rent on the lot, - (v) The activity shall take place during normal business hours and shall not create or become a nuisance, particularly with regard to noise, odour, vibration, traffic or parking. ## 5.3 COMMERCIAL & COMMUNITY SERVICES ZONE ## 5.3.1 Permitted Uses Gas station Cemetery Bank Community centre Communications facility Convenience store Community hall or centre Craft studio Dwelling units) in a non-residential building provided they are either at the back of the building or above the ground floor Day care centre Fire hall Municipal/government office Health care facility Group home Home occupation Hotel Park or playground Personal or business service Place of worship Police station Post office Radio and television station Recreation facility Restaurant Retail store Service repair shop Youth centre A use similar to the uses permitted in this zone ## 5.3.2 Zone Requirements - (a) The following provisions apply to all development in the Commercial & Community Services Zone: ## Yard Setbacks (minimum) Front Rear Side (Exterior) Side (Interior) 6 metres 6 metres 6 metres 6 m - (b) All buildings shall front on a public road. - (c) Any outdoor storage of materials should be fenced. - (d) New development in the Commercial & Community Services Zone will be subject to the following parking provisions: - (i) Parking shall be provided on the lot where the development is occurring. Council may also approve required parking to be located on an adjacent /ot. - The number of parking spaces to be provided for a use shall be calculated as follows: - Any use in the Zone shall provide a minimum of 2 spaces; - Commercial office or retail use: 1 parking space per 60m2; - Institutional use (eg. health care facility, educational facility, place of worship): 1 space per 100m2; - Despite the above, Council may request a Traffic and Parking Study as part of the Development Permit Application for a major facility to determine the appropriate amount of parking. - (iii) Each parking space shall have minimum dimensions of 2.7 metres wide by 6 metres in length, and shall have either direct access to a public street, or access to a public street by a driveway no less than 3metresin width. - (iv) Where parking for more than four vehicles is required, the parking area shall be arranged so that it is not necessary for any vehicle to reverse onto a public road. Vertical landscaping (eg. posts, rails, boulders) may be required to define the parking area. - (e) A home occupation is permitted in any dwelling unit or associated accessory building, subject to the following provisions: - (i) No more than two workers, other than the permanent residents of the premises, shall be engaged in the home occupation(s); - (i) No more than 25% of the gross floor area of the dwelling unit shall be used for a home occupation(s); - (iii) There shall be no external display or advertising of the home occupation(s); - (iv) There shall be no goods offered for sale or rent on the lot; - (v) The activity shall take place during normal business hours and shall not create or become a nuisance, particularly with regard to noise, odour, vibration, traffic or parking. ## 5.4 INDUSTRIAL ZONE ## 5.4.1 Permitted Uses Agricultural use Building supply or contractors' shop Automotive repair, sales or rental shop Caretaker unit Dog team Communications facility Gas station Outdoor storage Hazardous goods storage Manufacturing and industrial plant Power plant Petroleum tanks Pit Quarry Tank farm Rental shop Warehouse Water treatment plant Water intake Workers' camp (temporary) A use similar to the uses permitted in this zone ## 5.4.2 Zone Requirements - (a) The following provisions apply to all development in the Industrial Zone: ## Yard Setbacks (minimum) Front Rear, abutting a Residential Zone Rear, abutting all other Zones Side (Exterior) Side (Interior), abutting a Residential Zone Side (Interior), all other Zones 6 metres 15 metres 8 metres 6 metres 15 metres 8 metres - (b) All buildings shall front on a public road. - (C) Only one caretaker unit is permitted on a lot. A caretaker unit is not permitted within the 300 metres buffer around a solid waste disposal site, within the 100 metres buffer around petroleum tank farms, or within 100 metres of a power plant. - A quarry must be located a minimum 600 metre distance from a Residential or Commercial & Community Services Zone. - (e) A pit (ie. gravel or sand) must be located a minimum 150 metre distance from a Residential or Commercial & Community Services Zone. - (f) A quarry or pit must respect the Regulation respecting pits and quarries (CQLR Q2, r.7) and must have a certificate of authorization from the Ministère du Développement durable, de l'Environnement, de la Lutte contre les changements climatiques (MDDELCC). In addition, the project proponent must obtain a lease from both the LHC and from the Ministère de l'Energie et des Resources naturelles (MERN) before any extraction activities take place. The proponent is responsible to ensure that the site is cleaned and leveled when extraction activities finish. ## 5.5 TRANSPORTATION & COMMUNICATIONS ZONE ## 5.5.1 Permitted Uses Airport and related uses Communications facility Floatplane base Quarry Sealift facility and other marine infrastructure A use similar to the uses permitted in this zone ## 5.5.2 Zone Requirements - (a) New development in the Transportation and Communications Zone may need to provide parking on the lot where the development is occurring. Required parking shall be approved by Council. Council may request a Traffic and Parking Study as part of the Development Permit Application for a major facility to determine the appropriate amount of parking. - (b) quarry must de located a minimum oud metre distance trom a Residential ( ommercial & Communitv Services Zoni - (c) A pit (ie. gravel or sand) must be located a minimum 150 metre distance from a Residential or Commercial & Community Services Zone. - (d) A quarry or pit must respect the Regulation respecting pits and quarries (CQLR Q2, r.7) and must have a certificate of authorization from the Ministère du Développement durable, de l'Environnement, de la Lutte contre les changements climatiques (MDDELCC). In addition, the project proponent must obtain a lease from both the LHC and from the Ministère de l'Energie et des Resources naturelles (MERN) before any extraction activities take place. The proponent is responsible to ensure that the site is cleaned and leveled when extraction activities finish. ## 5.6 RECREATIONAL ZONE ## 5.6.1 Permitted Uses Beach shack Breakwater Boat storage Communications facility Dock Monument, caim, or statue Shed to store equipment for traditional, cultural, and recreational activities Temporary outdoor storage during sealift A use similar to the uses permitted in this zone ## 5.6.2 Zone Requirements - (a) There are no provisions that apply to development in the Recreational Zone. ## 5.7 CONSERVATION ZONE ## 5.7.1 Permitted Uses Snow fence A use Council deems by resolution to be similar to the uses permitted in this zone ## 5.7.2 Zone Requirements - (a) There are no provisions that apply to development in the Conservation Zone. ## 5.8 NUNA ZONE ## 5.8.1 Permitted Uses Cabin Cemetery Dog team Commercial harvesting Communications facility Permanent hunting and fishing cabins or camps Pit Quarry Recreation-related development or activities Resource exploration and development Sewage lagoon Snow fence Solid waste disposal site Temporary tenting or camping Water intake Water reservoir Water treatment plant A use similar to the uses permitted in this zone ## 5.8.2 Zone Requirements - Solid waste disposal sites must comply with the Regulation respecting the landfilling and incineration of residual materials (CQLR Q-2, r.19). - No land formerly used as a site for elimination of waste or hazardous goods may be used for construction purposes without the written permission of the Ministère du Développement durable, de l'Environnement, et de la Lutte contre les changements climatiques (MDDELCC). - (C) A buffer zone of 300 metres is established around sewage lagoons or solid waste disposal sites. Residential, recreational, commercial, and institutional type land uses are not permitted within this buffer zone. - (d) Solid waste disposal sites and sewage lagoons must be located at least 150 metres from all streams and lakes and 500 metres from any drinking-water intake point. - A quarry must be located a minimum 600 metre distance from a Residential or Commercial & Community Services Zone. - (f) oit (le. arave or sand) must be located a minimum 150 metre distance from lesidential or Commercial & Community Services Zone - (g) A quarry or pit must respect the Regulation respecting pits and quarries (CQLR Q2, f.7) and must have a certificate of authorization from the Ministère du Développement durable, de l'Environnement, et de la Lutte contre les changements climatiques (MDDELCC). In addition, the project proponent must obtain a lease from both the LHC and from the Ministère de l'Energie et des Resources naturelles (MERN) before any extraction activities take place. The proponent is responsible to ensure that the site is cleaned and leveled when extraction activities finish ## PART 6 - DEFINITIONS The following definitions explain the words and terms used in this by-law. Except for these definitions, all words and terms in this by-law have their normal meaning and: - the use of the present verb includes the past and future tenses as well; - the singular includes the plural, the masculine includes the feminine, and vice versa unless the meaning makes this illogical; - the terms "must" or "must not", "shall" or "shall not" mean without question an absolute obligation; the word "may" means there is a choice. "ABANDONED BUILDING OR STRUCTURE": see under "Building". "ACCESSORY USE" means a use that is not the main use of a lot but which does not change the land use allowed in the zone where the lot is located. "AGRICULTURAL USE" means the cultivation of the soil to produce crops, including greenhouses, and the keeping and raising of animals, poultry and fish for consumption. "AUTOMOTIVE REPAIR, SALES OR RENTAL SHOP" means a place of business where vehicles are repaired, stored and displayed for rent and/or sale. "BED AND BREAKFAST" means a private home where accommodation and breakfast are provided to the traveling public; it does not include a hotel. The owner of the home must live on premises. "BEGINNING ANY CONSTRUCTION WORK" means the moment when the lot is altered for the first time. "BUILDING" means a structure having a roof held up by walls or columns used to shelter persons, animals, or chattel, and any additions attached to it. - "ABANDONED BUILDING OR STRUCTURE": any building or structure unoccupied for at least (12) months. - "ACCESSORY BUILDING" a building located on the same lot as the main building but detached from it, and whose use is accessory or incidental to the primary use of the building. - "DILAPIDATED BUILDING OR STRUCTURE" means any building or structure so rundown that it can no longer be used or repaired - "MAIN BUILDING" means a building on the main part of a lot used for a land use allowed in the zone where it is located; for example, a dwelling in a Residential Zone.  - "TEMPORARY BUILDING" means a building that is allowed for a limited period of time and will be removed or demolished when that time is up, as stated in a Development Permit; for example, a construction trailer on a building site. "BUILDING SUPPLY OR CONTRACTOR'S SHOP" means a place of business where building supplies (such as lumber, millwork, siding, roofing, plumbing, electrical and heating supplies) are sold and/or which employs persons involved in building trades (such as painting, plumbing, electrical work, masonry, metal working and carpentry) or involved in operating equipment (such as truck, bulidozer, loader and backhoe). "CABIN" means a rustic building, not hooked up to power lines, not benefiting from municipal services, such as water delivery, sewage pick-up and garbage collection, and inhabited on a temporary basis. "CARETAKER UNIT" means a small dwelling unit in a building on an industrial /ot to house security staff to guard the premises. "COMMUNICATIONS FACILITY" means equipment such as dishes and antennas which transmit, receive and/or relay communications for radio or television broadcasting, the operation of cellular telephone or aircraft communications installed on a support structure such as a tower or in a small building. "COUNCIL" means the Council of the Northern Village of Kuujjuaq. "DEVELOPMENT" means any construction on land or changing the use or intensity of use of any land or building including: - increasing or reducing the size of a building; - the construction, installation, removal or demolition of a building but not the normal maintenance and repair of a building; - earth works to create a pad on a lot; - excavating, blasting, stockpiling of surface material such as rock, sand and granular material; - using land to store material or equipment; - building roads, sewage lagoons, garbage dumps, etc. - installing telecommunications and marine facilities. "DEVELOPMENT PERMIT" means a written document issued by the Northern Village of Kuujjuaq that gives permission for development. "DEVELOPMENT OFFICER" means any officer of the Northern Village of Kuujjuaq appointed by Council to help manage and enforce the Kuujjuaq Master Plan and the Kuujjuaq Zoning By-law. "DILAPIDATED BUILDING OR STRUCTURE", see under "Building". "DWELLING" means a building or part of a building used as living quarters for one or more people living together. - "DWELLING, DETACHED" means a separate building that has one single dwelling unit (see illustration below). - "DWELLING, SEMI-DETACHED" means a building with two side-by-side dwelling units, each accessed by an entrance directly from the outside (as shown in illustration below) or a common building entrance that leads to an interior entrance to each unit. - "DWELLING, DUPLEX" means a building with two dwelling units, one upstairs and one downstairs, with each unit being accessed by an entrance directly from the outside (as shown in illustration below) or a common building entrance that leads to an interior entrance to each unit. - "DWELLING, ROWHOUSE" means a building with three or more side-by-side dwelling units, each with its own entrance (see illustration below).      - "DWELLING, MULTI-UNIT" means a building with three or more side-by-side dwelling units upstairs and downstairs, with either their own entrances directly from the outside (as shown in illustration below) or a common building entrance that gives access to each unit from the inside  "DWELLING UNIT" means a separate set of living quarters for one or more people that has cooking, sleeping, and sanitary facilities. "EXISTING" means present on the date this by-law comes into effect. "GROSS FLOOR AREA" means the sum of the area of each floor of a building measured from the interior perimeter of the building, excluding mechanical space. "GAS STATION' means a place of business for retail sale of gasoline and other petroleum products; it may include the sale of convenience store products as an accessory use. "GROUP HOME" means a home for people who, because of their emotional, mental, social or physical condition or legal status, need a supervised group living arrangement; the group home is licensed and/or approved by the province. ## "HAZARDOUS GOODS" means any of the following: - i. explosives and fireworks; - ii. gases (either compressed, deeply refrigerated, liquefied, or dissolved under pressure); - ill. flammable and combustible liquids; - iv. flammable solids; 5. oxidizing substances and organic peroxides; - vi. poisonous and infectious substances; - vii. corrosives; and - vili. other miscellaneous substances of similar nature. "HOME OCCUPATION" means a job, trade, profession, craft or commercial activity practiced by a person in his/her home as an accessory use to the residential use, which does not change the residential character of the dwelling. Commercial garages are not permitted as a home occupation. "HOTEL" means a building or part of a building used to accommodate the traveling public; it mayor may not have a public dining room, and includes a transient house. "LOT" means a parcel of land whose location and boundaries are shown on a survey plan (see illustration below); - "CORNER LOT" means a lot located at the intersection of, and next to two or more streets. - "INTERIOR LOT" means a lot between two other lots having access to one street. - "THROUGH LOT" means a lot bounded on two opposite sides by streets that are parallel or almost parallel. "LOT AREA" means the total area within the lot lines of a lot. "LOT LINE' means any line defining the boundary of a lot. - "FRONT LOT LINE" means - i. for an interior lot, the line dividing the lot from the road; - ii. for a corner or through lot, the shorter lot line next to the road; - ili. for a corner lot, or a through lot where the lot lines next to the road are equal in length, the lot line with the main access to the lot. - "SIDE LOT LINE" means a lot line other than a rear lot line that is not next to a road. - "INTERIOR SIDE LOT LINE" means a side lot line that is not next to a road. - "EXTERIOR SIDE LOT LINE" means a side lot line that is next to a road. - "REAR LOT LINE" means the lot line furthest from the front lot line opposite to it; if a lot has fewer than four lot lines, it will be ruled to have no rear lot line. "MASTER PLAN" means the Master Plan of the Northern Village of Kuujjuaq, known as the Kuujjuaq Master Plan. "MUNICIPALITY" means of the Northern Village of Kuujjuaq. "NON-CONFORMING" means a use, building, or structure that lawfully existed or was under construction on the date this by-law came into effect, but which does not conform to this by-law. Lawfully existed means that the use and/or building/structure were permitted under the municipal regulation that was in effect at the time of construction. If no Master Plan or Zoning By-law was in effect at the time of construction, the use or development on a lot is deemed to have lawfully existed. "OUTDOOR STORAGE" means open storage of merchandise, goods, inventory, materials or equipment or other items not intended for immediate use or sale. "PERMITTED USE" means a use of land or building provided under the rules of this by-law.  "PERSON" means an individual, a company, an organization or a government agency. "PERSONAL OR BUSINESS SERVICE" means a business that provides services to individuals in the area of grooming, health, article repair, or other similar use (eg. personal grooming or health) or that provides services for businesses or membership organizations, such as professional, technical, educational and research services, printing supply and reproduction services. "PIT" means a location from which unconsolidated deposits are extracted by open pit. "PRIMARY USE" means the main purpose for which land or a building can be used. "QUARRY" means a location from which consolidated deposits are extracted by open pit. "RESTAURANT" means a business in a building or part of a building where cooked food and beverages are offered for sale to the public to be consumed there or elsewhere. "RETAIL STORE" means a business in a building or part of a building where consumer goods are sold at retail or rented. "RIGHT-OF-WAY" means a surveyed strip of land which contains a public road or a public utility service (such as power poles or a fuel pipeline). "SECONDARY SUITE' means a small, self-contained dwelling, accessory to and part of the main dwelling which does not change the character of the main dwelling; it may or may not have a separate entrance. "SERVICE REPAIR SHOP" means a business where household appliances are repaired; it does not include the repair of vehicles and large equipment. "SETBACK" means the distance inside a lot measured parallel from a lot line which a building cannot cross, except for permitted structures like stairs; - "FRONT YARD SETBACK" means the line inside a lot measured parallel from the front lot line and beyond which a building cannot stick out into the front yard, except for permitted structures like stairs; - "REAR YARD SETBACK" means the line inside a lot measured parallel from the rear lot line and beyond which a building cannot stick out into the rear yard, except for permitted structures like stairs; - INTERIOR SIDE YARD SETBACK" means the line inside a lot measured parallel from the interior side lot line and beyond which a building cannot stick out into the side yard, except for permitted structures like as stairs; - "EXTERIOR SIDE YARD SETBACK" means the line inside a lot measured parallel from the exterior side lot line and beyond which a building cannot stick out into the exterior side yard, except for permitted structures like as stairs.  "STRUCTURE" means any temporary or permanent construction that is located on the ground or attached to something on or in the ground. "USE" means the purpose for which land, a building or a structure may be used or occupied entirely or in part. "WORKERS' CAMP" means a building used as an office, workshop, kitchen or dwelling for employees who provide temporary labour. "YARD" means the area of a lot located between a setback line and a lot line (see illustration below); - "YARD, FRONT" means the area between the front lot line and the front yard setback, across the full width of a lot, - "YARD, REAR" means the area between the rear lot line and the rear yard setback, across the full width of a lot; - "YARD, INTERIOR SIDE" means the area between the interior lot line and the interior side yard setback; - "YARD, EXTERIOR SIDE" means the area between the exterior lot line and the exterior side yard setback.  "ZONE" means an area in which certain land uses are allowed and certain regulations apply; zones are shown in the Kuujjuaq Master Plan. ## PART 7 - INFRACTIONS & ENFORCEMENT The text in the grey box below is intended to provide guidance on infractions to this by-law and the enforcement process, and does not form part of this by-law. ## INFRACTIONS A person who does not follow the regulations of this by-law breaks the law; this is called an infraction. An infraction occurs if the Development Officer finds that: - i. the land use is not permitted in the zone; - il. the construction does not meet the regulations of the zone; - lil. a person went ahead with a land use, a use in a building or a portion of a building or construction without a Development Permit; or - iv. a person did not follow the condition of his/her Development Permit. If a person fails to follow the regulations of this by-law or his/her Development Permit (on purpose or by accident or ignorance), the Development Officer and Council must ensure that the construction, the land use or building use follows the by-law regulations or the Development Permit; this is called "enforcement." The Development Officer and Council cannot show favoritism in enforcing the by-law-everyone must be treated equally and fairly. ## ENFORCEMENT PROCESS Step 1- The enforcement process starts when the Development Officer notices an infraction or receives a complaint. The Development Officer shall notify the KRG Land Use Planning Section of the infraction so that the KRG can support the NV in correcting the infraction. After notifying the KRG, the Development Officer must immediately send the person a written "Notice of Enforcement" to: - i. tell the person he/she is breaking the by-law; - ii. point out the Parts) of the Zoning By-law or the Development Permit not being followed; - ill. explain how to correct the problem; - iv. give the person a reasonable time period to correct the problem; and - v. that the person is required to attend the Council meeting at which his/her infraction will be discussed. An example of a "Notice of Enforcement" is provided in Appendix "B" of this by-law. Step 2 - If the person responsible for an infraction has not corrected it during the time period allowed in the "Notice of Enforcement" the Development Officer must refer the matter to Council by preparing and presenting an infraction report. Step 3 - Council can seek advice from the legal department of the KRG. ## 7.1 INFRACTIONS - (a) Any use of land or of a building as well as any structure that does not conform to the provisions of the by-law shall be considered an infraction. - (b) Not having permits when permits are required shall also be considered an infraction. - (c) When activities do not respect the permit, the permit shall be nullified and the activities shall be considered an infraction. ## 7.2 PENALTIES - (a) Every person who contravenes any provision of this by-law commits an offence and is liable, upon penal proceedings, to a fine of three hundred dollars ($300), with costs. Each day of infringement constitutes a separate offence. - (b) The Court convicting a person for the breach of any section of this by-law may, in addition to any fine it may impose, issue an order to enjoin that person to refrain from committing any further such offence and/or cease to carry on any activity specified in the order and/or, if such person is the holder of a permit, license or certificate granted under this by-law, suspend such permit, license or certificate for the period that it deems appropriate, or revoke the same, or prohibit the renewal thereof during the period that it deems appropriate. - (c) An authorized officer may issue a statement of offence pursuant to this by-law. - (d) Delays for the payment of penalties and costs imposed by virtue of the present section and consequences of failure to pay aforementioned penalties and costs are established in accordance with the provisions of the Code of penal procedure of Quebec (CQLR, c. C-25.1). ## 7.3 LEGAL ACTION When a building has not been constructed in conformity with the norms adopted and stated in virtue of this by-law, or if a building is constructed without the required permit or certificate, a judge of the Superior Court having jurisdiction over the territory of the ## PART 8 - FINAL PROVISIONS ## 8.1 VERSIONS n the event of a discrepancy between the English, French and Inuktituk versions, th inglish version shall prevai ## 8.2 REPEAL OF PREVIOUS BY-LAWS This by-law supersedes and replaces any previous by-law enacted by the Council, wholly or partially for the same purposes, and any such by-law is hereby repealed to the extent of any inconsistencies with this by-law. ## 8.3 COMING INTO EFFECT - (a) In accordance with subsection 176 (2) of the Kativik Act, this by-law must be adopted by the vote of the majority of the members of the Council and submitted for the approval to the electors before it comes into force. - Should any section of this by-law be totally or partially voided by a Court, its other provisions shall remain valid and in force. - The present by-law shall come into effect the date of its publication in accordance with section 138 of the Kativik Act. (c) ## 8.4 COPY Once published, the Secretary-Treasurer shall transmit a copy of the present by-law without delay to the KRG as per section 160 of the Kativik Act. IN FAVOUR: OPPOSED: ABSTENTIONS: ABSENTEES: DATE OF ADOPTION: ELECTORS APPROVAL 5 2 July 19, 2017 August 9, 2017 MAYOR'S SIGNATURE: SECRETARY-TREASURER'S SIGNATURE: sous What DATE OF PUBLICATION: August 10, 2017  ## APPENDIX "A" - AMENDMENTS Appendix is for information purposes only and is not part of this by-law. ## 1. INITIATING AN AMENDMENT An amendment to this by-law can be initiated by. - i. Council, or - ii. a person. Amendments can be initiated to: - i. allow a development or use not permitted under the existing by-law; - ii. address a local issue (such as snow-piling); - ili. include the results of a recent planning study (for example, identifying more future development areas) in the by-law; or - iv. change a section of the by-law to create desirable change or correct an undesirable situation. An amendment can be made to: - i. the text of the Master Plan and/or Zoning By-law; and/or 2. the Land Use and Designation Zone Map of the Kuujjuaq Master Plan. ## APPLICATIONS FOR AMENDMENT Anyone can apply to the Development Officer for a by-law amendment. An example of an "Amendment Application Form" is provided in Appendix "B" of this by-law. An application for amendment should include: - i. written explanation of the reason(s) for the amendment; - ii. two copies of a scaled site plan and elevations showing the proposed building if the amendment is approved; 3. two copies of floor plans of the building(s) (existing or proposed) showing the change the applicant is seeking, if the amendment involves change of use to a portion of the building; The Development Officer shall refer only complete applications to Council. ## PUBLIC HEARING If Council wishes to hear the opinions of residents, especially neighbours who will be most affected by a proposed amendment, Council may choose to hold a public hearing. The public hearing should be held prior to the passing of the by-law by Council. The public hearing can take place during a regular meeting of Council. If a public hearing is held, a notice of the public hearing should be posted (see procedure in Part 8.4 below). The Mayor should open the hearing by explaining the purpose of the amendment or by asking the Development Officer to do so. The Mayor should invite the public to share their comments ## 4. PUBLIC HEARING NOTICE If Council chooses to hold a public hearing, Council can issue a public hearing notice to: - i. inform residents about the amendment; and - il. invite residents to attend the public hearing. The notice should be posted in public places in the village and also be announced on local radio prior to the hearing. The public hearing notice should: - i. explain the changes the amendment will bring, including a map showing the area affected by the amendment, if that applies; - ii. tell residents where they can read or get a copy of the proposed amendment at the offices of the Northern Village during business hours; and - ili. state the time and place of the public hearing. The Development Officer is responsible for preparing the public notice. An example of a "Public Hearing Notice" is provided in Appendix "B" of this By-law. ## 5. DECISION OF COUNCIL ON AMENDMENT In deciding on an amendment, Council will consider the views expressed by residents at the public hearing, if a hearing was held. Notwithstanding the opinions expressed at the Public Hearing, Council must consider what is best for the community of Kuujjuaq, now and in the future. Council may support an amendment if it believes it to be in the best interests of the whole community, even if most people who spoke at the public hearing were opposed. Among others, Council can approve an amendment if: - the proposed use helps to achieve the goals of the Master Plan; - ii. the proposed use agrees with the general land use policies of the Master Plan; - ili. the lot's size and shape are suitable for the proposed use; - iv. the proposed use will not create traffic or noise that would disturb neighbours; and - V. the proposed use will not endanger the safety or health of neighbours. ## APPENDIX "B" - EXAMPLES OF FORMS  ## DEVELOPMENT PERMIT APPLICATION Northern Village of Kuujjuaq ## Areas in grey reserved for NV- do not fill out Date: Application number: \_ Application received by: \_ Zone of lot: (Village code / year / application# - [ ] Residential - [ ] Industrial - [ ] Recreational - [ ] Commercial & Community Services - [ ] Transportation & Communications - [ ] Village Core Size of lot required: ## 1. Applicant Name of organization or individual: ## 2. Applicant Information Contact name (if applicant is an organization): Address: E-mail: Telephone: ( -- ## 3. Project Description Location of project (lot #, building #, etc.): Proposed Use: (check boxes that apply) Specify use: - [ ] - Residential - [ ] - Commercial - [ ] - Institutional - [ ] - Industrial Nature of development: (check boxes that apply) - [ ] - New building(s) - [ ] - New structure(s) - [ ] - Addition to existing building - [ ] - Renovation - [ ] · Moving a building Number of buildings (principal and accessory): Size of building(s) (m? or sq.ft): Height of building (# storeys, not including basement): Municipal services required: - [ ] L Water - [ ] - Garbage collection - [ ] - Electricity Access to main road: - [ ] - Existing 4. Estimated Dates to Start and Complete Construction Estimated Construction START Date: (year / month / day) Estimated Construction COMPLETION Date: \_ (year / month / day) - [ ] - Sewage - [ ] ] Telephone - [ ] Internet - [ ] To be built (show on Site Plan) 5. Name and address of Professionals (if applicable) Architect / Engineer: Address: E-mail: Telephone: (. 6. Name and address of Building Contractor (if applicable) Contractor: \_ Address: E-mail: Telephone: (\_ 7. Additional Information in Support of Application (reasons for project and location) 8. Required Documents to Submit with Application - A. Survey plan - Two copies of a survey plan prepared by a land surveyor that shows the dimensions of the lot, relationship to other surrounding lots and public roads. - B. Site plan - Two copies of a sketch to a scale no less than 1:500 showing the following: - dimensions of lot; - location of existing or proposed building(s), accessory building(s) and other structures; - setback of front, rear and side yards for all buildings and structures; - location of roads and vehicle access to lot; - location of water hook-up, overfill pipe, culvert and oil tank; - location of snow-piling; - location and direction of drainage. - C. Elevation plans - Two copies of a sketch showing an elevation for each of the four sidesof the building. - D. Floor plans - Two copies of a sketch showing the layout of each floor. - E. Fees - Provide a cheque made out to "The Northern Village ofKuujjuaq" in the amount of $. ## 9. Application Submission Application and two copies of plans must be submitted in hard copy to: Development Officer Northern Village of Kuujjuaq P.O. Box 240 Kuujjuaq, (Québec) JOM 150 Application and plans must be submitted electronically to: KRG Land Use Planning Section [email protected] The Applicant must contact the Landholding Corporation to obtain any permits and authorizations required prior to any construction on the property. I hereby give my consent to allow all authorized persons to enter the property, including building(s) during construction. Signature of Applicant: Date:  ## DEVELOPMENT PERMIT No. Northern Village of Kuujjuaq Application number: (Village code / year / application#) Location of project (lot #, building #, etc.): Applicant (name of organization or individual): Description of Development: The above-noted Development Permit Application has been APPROVED: Date of Council approval: Resolution #: This permit authorizes the Applicant to proceed with the development described in the above-noted Development Permit Application. The development must respect the conditions of the Development Permit and must follow the plans approved with the application. Date of Issue of Development Permit: \_ Signature of Development Officer: This Permit expires 2 years after the day it is issued. This Permit must be displayed as long as construction is going on, in a place where it can be seen from the street.  ## NOTICE OF REFUSAL Northern Village of Kuujjuaq Application number: (Village code / year / application#) Location of project (lot #, building #, etc.): Applicant (name of organization or individual): Description of Development: The above-noted Development Permit Application has been REFUSED: Date of Council approval: Resolution #: The Development Permit application was REFUSED for the following reasons: Signature of Development Officer: Date:  ## RENEWAL OF PERMIT APPLICATION Northern Village of Kuujjuaq ## Areas in grey reserved for NV- do not fill out Development Permit No.\_ Date Development Permit Issued: Application received by: Zone of lot: - [ ] - Residential - [ ] Industrial - [ ] Recreational - [ ] Commercial & Community Services - [ ] Transportation & Communications - [ ] - Village Core 1. Applicant Name of organization or individual: 2. Applicant Information Contact name (if applicant is an organization):\_ Address: E-mail: Telephone: ( 3. Reasons for renewal of Development Permit: ## 4. Revised Dates to Start and Complete Construction Estimated Construction START Date: \_ Estimated Construction COMPLETION Date: \_ (year / month / day) (year / month / day) Signature of Applicant: Date:  ## ZONING AMENDMENT APPLICATION Northern Village of Kuujjuaq Application number:. Application received by: 1. Applicant Name of organization or individual: 2. Applicant Information Contact name (if applicant is an organization): Address: Areas in grey reserved for NV- do not fill out Date: (Village code / year / application# E-mail: Telephone: (... 3. Project Description Location of project (lot #, building #, etc.): Existing use on lot: Proposed Use: (check boxes that apply) - [ ] - Residential - [ ] - Commercial Specify use: \_ - [ ] - Institutional - [ ] - Industrial Current Zoning: Current Zoning: - [ ] - Residential - [ ] - Village Core - [ ] - Conservation - [ ] - Industrial - [ ] - Residential - [ ] - Village Core - [ ] - Transportation & Communications - [ ] - Recreational - [ ] - Commercial & Community Services - [ ] ] Nuna - [ ] - Transportation & Communications - [ ] - Recreational - [ ] - Conservation - [ ] - Industrial - [ ] - Commercial & Community Services - [ ] - Nuna 4. Purpose of amendment 5. Required Documents to Submit with Application - A. Survey plan - Two copies of a survey plan prepared by a land surveyor that shows the dimensions of the lot, relationship to other surrounding lots and public roads. - B. Site plan - Two copies of a sketch to a scale no less than 1:500 showing the following: - dimensions of lot; - location of existing or proposed building(s), accessory building(s) and other structures; - setback of front, rear and side yards for all buildings and structures; - location of roads and vehicle access to lot. - C. Elevation plans - Two copies of a sketch showing an elevation of the front of the building. - D. Fees - Provide a cheque made out to "The Northern Village ofKuujjuag" in the amount of 6. Application Submission Application and two copies of plans must be submitted in hard copy to: Development Officer Northern Village of Kuujjuaq P.O. Box 240 Kuujjuaq, (Québec) JOM 150 Application and plans must be submitted electronically to: KRG Land Use Planning Section [email protected] The Applicant must contact the Landholding Corporation to obtain any permits and authorizations required prior to any construction on the property. I hereby give my consent to allow all authorized persons to enter the property, including building(s) during construction. Signature of Applicant: Date:  ## NOTICE OF ENFORCEMENT Northern Village of Kuujjuaq Zoning By-law Northern Village of Kuujjuaq P.O. Box 240 Kuujjuaq, QC JOM 150 Date: Notice to: Copy to: Location of development (lot #, building #, etc.): By this Notice, you are informed that development, or a portion of development, at the above noted location do not conform to provisions of Zoning Bylaw No. \_ and is therefore considered an infraction of the Zoning By-law. Specifically, the development/land use: - [ ] L is not permitted in the zone - [ ] - does not respect the provision(s) of the zone - [ ] - does not have a valid Development Permit - [ ] does not respect approved Development Permit Application No. The development/use does not respect the following Part(s) of the Zoning Bylaw: You are hereby given You are required to do the following to correct the problem: DAYS to correct the problem. This notice was served: - [ ] - in person - [ ] - by registered mail Signature of Development Officer: Date: NOTE: A copy of this Notice of Enforcement has been sent to the KRG Legal Department and Land Use Planning Section.  ## INFRACTION REPORT TO COUNCIL Northern Village of Kuujjuaq Zoning By-law Enforcement case No.: Date: 1. Description of property Location of lot (lot #, building #, etc.): Name of Property Owner (organization or individual): Zoning on lot: - [ ] L Residential - [ ] - Village Core - [ ] - Conservation - [ ] - Industrial - [ ] - Transportation & Communications - [ ] - Recreational - [ ] - Commercial & Community Services - [ ] - Nuna Adjacent Uses: 2. Details of Infraction Type of infraction: - [ ] - is not permitted in the zone - [ ] L does not respect the provision(s) of the zone - [ ] - does not have a valid Development Permit - [ ] - does not respect approved Development Permit Application No. Description of infraction (Note Parts of Zoning By-law as applicable): Observations during site visit: Action taken (informed person of infraction, time given to correctinfraction, Notice of Enforcement issued, etc.): 3. Recommendation to Council how to correct infraction: Signature of Development Officer: Date: NOTE: A copy of this Infraction Report has been sent to the KRG Legal Department and Land Use Planning Section.  ## PUBLIC HEARING NOTICE Northern Village of Kuujjuaq Zoning By-law The Northern Village proposes to amend its Zoning Bylaw (By-law No. \_ following change(s): \_) in order to make the The purpose of the amendments) is to: Copies of the proposed by-law amendment(s) are available at the NV office and can be viewed by the public during normal office hours. The Council of the Northern Village of Kuujjuaq will hold a PUBLIC HEARING at the NV Office at (time/date) to hear representations about this amendment. If you are unable to attend the public hearing but wish to make a representation, you can submit your comments in writing tol name L the Development Officer. The deadline for submitting written comments is!.. date A Vote of the Electors will be required before this proposed Zoning Bylaw amendment comes into effect. (Insert map showing area proposed to be rezoned, if applicable) Signature of Development Officer: Date:  ## PUBLIC HEARING NOTICE Northern Village of Kuujjuaq Master Plan The Northern Village proposes to amend its Master Plan By-law (By-law No.\_ following change(s): \_) in order to make the The purpose of the amendment(s) is to: Copies of the proposed by-law amendments) are available at the NV office and can be viewed by the public during normal office hours. The Council of the Northern Village of Kuujjuaq will hold a PUBLIC HEARING at the NV Office at (time/date) to hear representations about this amendment. If you are unable to attend the public hearing but wish to make a representation, you can submit your comments in writing tol name \_I the Development Officer. The deadline for submitting written comments is! date (Insert map showing area proposed to be rezoned, if applicable) Signature of Development Officer: Date: