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Zoning By-law No. 371
Hamlet of Tuktoyaktuk
1/30/2017
Dillon Consulting Limited
Prepared by Dillon Consulting Limited
Hamlet of Tuktoyaktuk
Zoning Bylaw No.371
i
May 12, 2017
Table of Contents
1
Part One - Introduction ............................................................................................. 1
1.1
Purpose of the By-law ........................................................................................ 1
1.2
Application.......................................................................................................... 1
1.3
Short Title ........................................................................................................... 1
1.4
Components of the By-law ................................................................................. 1
1.5
Establishments of Zones .................................................................................... 2
1.6
Previous Legislation ........................................................................................... 2
1.7
Compliance with Other Legislation ..................................................................... 3
2
Part Two - Definitions ............................................................................................... 4
3
Part Three - Development Authority ....................................................................... 14
3.1
Development Officer ........................................................................................ 14
3.2
Hamlet Council ................................................................................................. 14
3.3
Development Appeal Board ............................................................................. 15
3.4
Secretary Development Appeal Board ............................................................. 15
4
Part Four- Development Applications ..................................................................... 17
4.1
Control of Development ................................................................................... 17
4.2
Transition ......................................................................................................... 17
4.3
Development Not Requiring a Permit ............................................................... 17
4.4
Non-Conforming Buildings and Uses ............................................................... 18
4.5
Permission for Development ............................................................................ 18
4.6
Conditions of Approval of Development Permits .............................................. 19
4.7
Fees ................................................................................................................. 20
4.8
Variances ......................................................................................................... 21
4.9
Decisions on Applications ................................................................................ 22
4.10
Appeal to Appeal Board ................................................................................ 22
4.11
Validity of Permits ......................................................................................... 23
4.12
Expiry of Permits ........................................................................................... 23
Hamlet of Tuktoyaktuk
Zoning Bylaw No.371
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May 12, 2017
4.13
Resubmission Interval ................................................................................... 23
4.14
Submission to the Development Appeal Board ............................................. 24
4.15
Enforcement of Penalties .............................................................................. 24
4.16
Right to Enter ................................................................................................ 25
4.17
Suspending or Revoking a Development Permit........................................... 25
4.18
By-Law Amendments .................................................................................... 26
4.19
Zoning Amendments ..................................................................................... 26
4.20
Zoning Amendment Process ......................................................................... 27
4.21
Notification of Amendment ............................................................................ 28
5
Part Five - General Provisions ............................................................................... 30
5.1
Environmental Protection ................................................................................. 30
5.2
Soils and Drainage ........................................................................................... 30
5.3
Accessory Buildings ......................................................................................... 30
5.4
Plan of Subdivision ........................................................................................... 30
5.5
Number of Dwellings ........................................................................................ 30
5.6
Lot Servicing .................................................................................................... 30
5.7
Fences ............................................................................................................. 31
5.8
Hazardous Waste ............................................................................................. 31
5.9
Protection from Explosive Hazards .................................................................. 31
5.10
Parking .......................................................................................................... 31
6
Part Six - Zoning District Regulations .................................................................... 33
6.1
R - Residential ................................................................................................. 33
6.2
CC - Community Core ...................................................................................... 35
6.3
C - Commercial ................................................................................................ 36
6.4
CI - Commercial Industrial ................................................................................ 38
6.5
PU - Public Use ................................................................................................ 39
6.6
OS - Open Space ............................................................................................ 40
6.7
IH - Industrial Harbour ...................................................................................... 41
6.8
ER - Environmental Reserve ............................................................................ 42
Hamlet of Tuktoyaktuk
Zoning Bylaw No.371
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May 12, 2017
6.9
UR - Urban Reserve ........................................................................................ 43
6.10
H - Hinterland ................................................................................................ 44
6.11
A - Airport ..................................................................................................... 45
7
Part Seven - Specific Land Use Regulations ......................................................... 46
7.1
Motels .............................................................................................................. 46
7.2
Bed and Breakfast ............................................................................................ 46
7.3
Home Occupations ........................................................................................... 46
7.4
Playgrounds ..................................................................................................... 47
7.5
Caretaker Units ................................................................................................ 47
7.6
Manufactured Homes ....................................................................................... 47
7.7
Seasonal Campgrounds ................................................................................... 47
7.8
Work Camps .................................................................................................... 48
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
1
May 12, 2017
1 Part One - Introduction
1.1 Purpose of the By-law
The purpose of this By-law is to regulate and control the use and development of land
and buildings within the Hamlet of Tuktoyaktuk (Hamlet) in a balanced and responsible
manner that conforms to the Community Plan and is pursuant to the Community Planning
and Development Act (the Act).
1.2 Application
The provisions of this By-law apply to all development and buildings within the municipal
boundary of the Hamlet of Tuktoyaktuk.
1.3 Short Title
This By-law may be cited as the "Hamlet of Tuktoyaktuk Zoning By-law"
1.4 Components of the By-law
1) Schedule A, the By-law text;
2) Schedule B Forms, and
3) Schedule C, the Zoning By-law maps
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
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May 12, 2017
1.5 Establishments of Zones
The zoning Maps are found in Schedule C of this By-law. They divide the Hamlet into
zones and specify the zoning provisions applying to particular lands. For the purpose of
this By-law, the following zones are hereby established:
R
Residential
CC
Community Core
C
Commercial
PU
Public Use
I
Industrial
CI
Commercial Industrial
OS
Open Space
ER
Environmental Reserve
UR
Urban Reserve
A
Airport
H
Hinterland
The zone boundaries are delineated on the Zoning Maps. Where uncertainty arises as
to the precise location of the boundary of any zone, the following rules shall apply:
1) Where zone boundaries appear to follow lot lines shown on a plan of subdivision,
such lot lines shall be deemed to be the boundary.
2) When zones boundaries appear to follow roads, such boundaries shall be deemed
to follow the centerline of the road allowance.
3) Where zone boundaries appear to follow the shoreline of water bodies, such
boundaries shall be deemed to follow the shoreline.
4) If un-subdivided land, the zone boundary shall be determined by the use of the
scale of the zoning map.
1.6 Previous Legislation
No provisions of any other by-law with respect to zoning, development control or
development schemes shall hereafter apply to any parts of the Hamlet described in this
By-law, subject to the transitional provisions of this By-law.
Any existing use of land, buildings or structures which is listed as a conditional use within
the zone shall, as a result of the passage of this By-law, be a legal, non-conforming use
at that location. The use of land, buildings or structure at the location shall not be changed
except in conformity with this By-law.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
3
May 12, 2017
1.7 Compliance with Other Legislation
Any person applying for, or in possession of a valid Development Permit, is not relieved
from the full responsibility for ascertaining, complying with or carrying out development in
accordance with:
1) Northwest Territories Community Planning and Development Act;
2) the requirements of any other relevant federal, territorial or municipal legislation;
3) the conditions of any caveat, covenant, easement or other instrument affecting
building or land;
4) the most recent revisions of the National Building Code of Canada;
5) the most recent revisions of the National Fire Code of Canada; and
6) the Fire Prevention Act of the Northwest Territories (NWT).
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
4
May 12, 2017
2 Part Two - Definitions
Term
Meaning in this By-law
Accessory
A use, separate building or structure, normally incidental,
subordinate, exclusively devoted to and located on the same lot as
the principal use, building or structure but does not include a building
or structure used for human habitation.
Act
The Consolidation of the Community Planning and Development Act
S.N.W.T. 2011, c. 22 as amended.
Airport
The use of land, including water, runway, or other facility designed,
used or intended to be used either publicly or by any person or
persons for the landing or taking off of aircraft, including all necessary
taxiways, aircraft storage, tie-down areas, hangars and other
necessary buildings, structures, and open spaces.
Appellant
A person who, pursuant to the Act, has served notice of appeal to the
Development Appeal Board.
Applicant
Any person having a legal or equitable interest in property or a person
acting as the authorized representative of such person who has
applied under the provisions of this By-law for a permit for the
development of land.
Bed and
Breakfast
Establishments
A home occupation in a single dwelling providing temporary
accommodation for a limited number of guests where the owners
reside on the premises.
Board
The Development Appeal Board established under this By-law.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
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May 12, 2017
Term
Meaning in this By-law
Buffer
Anything which visually, and/or acoustically, shelters, conceals or
protects, and which is considered acceptable to the Development
Officer or Council. A buffer may include a fence, hedge, berm or bush.
Building
Any structure whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, materials
or equipment.
Bulk Fuel
Storage
The use of land, buildings or structures for the storage and distribution
of fuels, oils, propane and other petroleum gases where the storage
tank or tanks are above ground and the storage capacity exceeds
22,730 litres of propane, or where the storage capacity exceeds
50,000 litres per tank and the aggregate capacity of all the tanks
exceeds 150,00 litres.
Bunkhouse/
Camp
A building designed or used for the accommodations of up to
temporary workers.
Campground
A campsite designated for short-term leasing to the same individual
not exceeding (4) consecutive weeks.
Caretakers Unit
Premises used for the accommodation of a person employed as a
caretaker, manager, security guard, or superintendent for an
industrial or commercial use operating on the site.
Community
Garden
Land that is cultivated collectively by a group of community members
to raise food for their own consumption or donation.
Community Plan
The Community Plan of the Hamlet of Tuktoyaktuk as adopted by By-
law.
Conditional Uses
Uses which are considered on their individual merits and
circumstances by the Council, and may be permitted on a specific site
within a zone, provided that the use conforms to all regulations of the
particular zone to which the use applies, and provided Council has
given due consideration to adjoining land uses.
Convenience
Store
Any retail establishment that is primarily engaged in retail dealings in
goods required by the inhabitants of a residential district to meet their
day-to-day needs.
Day Care
Facility
A facility and program for the provision, care and supervision of
children in accordance with the NWT Day Care Act and Regulations.
The facility is not part of a public school, separate school, private
school or children's health centre.
Demolition
The total destruction or substantial modification of a building or
structure. Substantial modification includes the demolition of 50% or
more of the building.
Development
As defined in the Act means:
1) The carrying out of
a. Any construction, including the placement or movement of
a building,
b. Any excavation, or the deposit or movement of soil or other
materials, or
c. Other related operations.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
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May 12, 2017
Term
Meaning in this By-law
2) The product of development, as the term is defined in
paragraph (a) such as a building or a developed site;
3) The making of any change in the use or intensity of use of any
land or building: or,
4) Any alterations for the provision of municipal services including
water delivery and sewage pump-out.
For further clarity, the demolition or structural alteration to existing
buildings or structures is considered to be development.
Development
Officer
An official of the municipality responsible for administering this By-
law.
Development
Permit
A certificate or document permitting a development.
Director
An Officer of the Government of the Northwest Territories who is
charged with the administration of the Act.
Dwelling Unit
A building, self-contained portion of a building, or suite of rooms for
the use of one or more individuals living as a single housekeeping
unit. A dwelling unit contains sleeping, cooking and separate or
shared toilet facilities and is intended as a permanent or semi-
permanent residence.
Dwelling, Single
Detached
A residential building containing one dwelling unit, not including a
manufactured home.
Dwelling, Duplex A residential building divided horizontally or vertically into two
separate dwelling units of approximately equal floor areas, each of
which has an independent entrance.
Dwelling,
Multiple Unit
A residential building containing three or more dwelling units, and
including townhouses or apartments.
Easement
A right-of-way giving individuals, other than the owner, permission to
access a property for a specific purpose.
Environmental
Assessment
A site assessment conducted by a qualified professional following the
Canadian Environmental Assessment Act (CEA), to determine
potential contamination and mitigation.
Fence
An artificially constructed barrier of any material, or combination of
materials, erected to enclose or screen areas of land.
Floor Area
The total of the floor areas of every room and passageway contained
in a building but not including the floor areas of basements,
unoccupied attics, attached garages, sheds, or open porches unless
they contain habitable rooms.
Grade
The average of the elevations of all the natural or finished levels of
the ground adjoining all the walls of a building.
Grade, Finished
The final elevation of the ground surface after development.
Group Home
A residential facility which provides resident care to individuals who
are in need of adult supervision or assistance, and who are provided
supervision and services in accordance with their individual needs.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
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May 12, 2017
Term
Meaning in this By-law
May also be identified as Senior Citizen Home or Long Term Care
Home.
Hard Surfaced
A hard, durable, dust-free surface consisting of compacted ¾ inch
crushed rock graded for appropriate site drainage, or surfaced with
chip seal, asphalt or concrete.
Hazardous
Substance or
Dangerous
Goods
Any of the following:
a. explosives and pyrotechnics;
b. gases (either compressed, deeply refrigerated, liquefied, or
dissolved under pressure);
c. flammable and combustible liquids;
d. flammable solids (including substances liable to spontaneous
combustion and substances which, on contact with water, emit
flammable gases);
e. oxidizing substances and organic peroxides;
f. poisonous and infectious substances;
g. radioactive material;
h. medical or biological waste;
i. corrosives; and,
j. other miscellaneous substances of similar nature.
Height
When used with reference to a building or structure, is the vertical
distance between the average finished grade and the highest point
of the roof.
Highway
A highway or proposed highway that is described as a primary
highway by the Public Highways Act.
Home
Occupation
Any occupation, trade, profession or craft carried out by the occupant
of a residential building which is incidental and subordinate to the
residential use and which does not change the character thereof.
Hotel/Motel
A building containing either sleeping and/or dwelling units, used as a
temporary abode for tourists or transients, providing sanitary
facilities, parking spaces that in the case of a motel are convenient
to each unit, and may also include a general kitchen, dining, and
other public rooms.
Industrial Light
A use or development of land for the purpose of processing,
warehousing, repairing, distribution or storage of goods and
materials and where minimal nuisances are generated.
Industrial Heavy
A use or development of land for the purposes of manufacturing,
processing, warehousing, stockpiling or storage that requires a large
track of land and is subject to the generation of off-site nuisances
including noise, smoke, ash, dust, toxic gases, glare, heat or
obnoxious odours.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
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May 12, 2017
Term
Meaning in this By-law
Long Term Care
Home
See Senior Citizen Home and Group Home
Lot, Site, or
Parcel
An area of land, the boundaries of which are shown on a plan
registered in a Land Titles Office, are described in the Certificate of
Title, or are the subject to other forms of interest in land under the
terms of the Territorial Lands Act and Regulations or the
Commissioner's Land Act and Regulations.
Lot Line
Front: the property line separating a lot from an abutting public
roadway other than a lane. In the case of a corner lot, the front line
is the shorter of the property lines abutting a public roadway, other
than a lane.
Rear: either the property line of a lot which is furthest from and
opposite the front lot line, or, where there is no such property line,
the point of intersection of any property lines other than a front lot
line which is furthest from and opposite the front lot line.
Side: the property line of a lot other than a front lot line or rear lot
line.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
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May 12, 2017
Term
Meaning in this By-law
Lot/Site
Coverage
The portion of the total area
of a lot or site which may be
covered by buildings or
structures.
Lot/Site Width
The
average
distance
between the side lot lines of a
lot or site.
Manufactured
Home
A dwelling unit that meets the following criteria; is suitable for
permanent occupancy, is designed to be transported on its own
wheels or by a low-boy transport trailer, and is ready for occupancy
except for incidental building operations (i.e. placement on foundation
supports and connection to utilities).
1) single-wide - a mobile unit designed specifically to be towed
or hauled in a single load; and,
2) double-wide - a mobile unit consisting of two (2) sections
separately towed or hauled, designed to be joined together into
one (1) integral unit.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
10
May 12, 2017
Term
Meaning in this By-law
Mobile Home
Park
A parcel of land under one ownership, which has been planned,
divided and improved for the placement of manufactured homes for
residential use.
Motor Vehicle
Any machine powered by a fuel combustion engine or electric motor
system that is designed to carry a driver/passenger.
Municipality
The Hamlet of Tuktoyaktuk.
Natural
Resource
Development
Development for the on-site removal, extraction, and primary
processing of raw minerals found on or under a site, or accessible
from the site. Typical uses include gravel pits, sandpits, clay pits, oil
and gas wells, coal mining, and stripping of topsoil. Natural resource
development does not include the processing of raw materials
transported to the site.
Municipal
Services
Services provided by the Hamlet of Tuktoyaktuk, including:
1) water delivery
2) solid waste collection
3) waste water (sewer) collection
Non-conforming
Building
A building that is lawfully constructed, or under construction, at the
date this by-law is passed, and does not, or will not, conform to the
requirements of the Zoning By-law when it becomes effective.
Non-conforming
Use
Any intended or existing legal use of land or building which does not,
and will not, conform to the requirements of this by-law.
Nuisance
Anything that interferes with the use or enjoyment of property,
endangers personal health or safety, or is offensive to the senses.
Off-street
Parking
A designated parking area (i.e. lot) for one (1) or more vehicles. It
may be part of a development or, with the approval of the
Development Officer, may be separate from the development.
Parking Area or
Lot
An open area of land, other than a street or a building, designed and
used for the parking of a number of vehicles.
Parking Space
An off-street area available for the parking of one motor vehicle.
Permitted Use
Any land use which is allowed in a particular zone, provided that the
use conforms to the regulations of the particular zone to which the
use applies.
Principal
Building
A building which:
1) occupies the major or central portion of a lot;
2) is the chief or main building on a lot; and
3) constitutes by reasons of its use, the primary purpose for which
the lot is used.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
11
May 12, 2017
Term
Meaning in this By-law
Principal
Use
The main purpose for which a lot is used.
Public Building
or Quasi-Public
Building
A building which is available to the general public for non-commercial
public uses and activities.
Public Roadway
Any lane, service road, local street, collector street, major street or
highway corridor.
Public Use
Typically include public schools, arenas, community halls cultural
centers, health centers, cemeteries, baseball fields, and other
outdoor recreational facilities.
Public Utility
Any one or more of the following:
1) systems for the distribution of gas, whether artificial or natural;
2) facilities for the storage, transmission, treatment, distribution
or supply of potable water;
3) facilities for the collection, treatment, movement or disposal of
sanitary sewage;
4) storm sewer drainage facilities;
5) systems for electrical energy generation, transmission and
distribution; and,
6) systems for telephone and telecommunications, including
towers or satellite dishes.
Retail Store
A building where goods, wares, merchandise, substances, articles or
things are offered or kept for sale at retail, including storage of limited
quantities of such goods, wares, merchandise, substances, articles
or things, sufficient only to service such store.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
12
May 12, 2017
Term
Meaning in this By-law
Row Housing
A building containing a row of two (2) or more dwellings joined in
whole or in part at the side, with no dwelling being placed over
another in whole or in part. Dwellings shall be separated by vertical
party walls which are insulated against sound transmission. Each
dwelling shall have separate, individual and direct access to grade.
Scap Yard/
Junk Yard
A place where discarded or salvaged materials are bought, sold,
exchanged, stored, based, cleaned, packed, disassembled or
handled, including auto wrecking yards, house wrecking yards, used
lumber yards, and places or yards for use of salvaged house
wrecking and structural steel materials and equipment, but excluding
pawn shops and establishments for the sale, purchase or storage of
used cars in operable condition. The storage of non-operable
machinery, equipment or automobiles for thirty (30) days or longer
shall be prima facie evidence the property is a scrap yard.
Screened
Totally or partially concealed from by a fence, wall, berm or soft
landscaping.
Senior Citizen
Home
See Long Term Care Home.
Service Station
Premises or the portion thereof used or intended to be used for the
servicing of motorized vehicles.
Sign
Any object or device intended for the purpose of advertising or calling
attention to any person, matter, thing or event and includes any word,
letter; model, picture, symbol, device or representation used as,
wholly, or in part, an advertisement, announcement or direction.
Without restricting the generality of the foregoing, a sign includes
posters, notices, panels, and banners.
Site Area
The land contained within the boundaries of a site. See Lot Area.
Solid Waste
Site
Any property where refuse of a non-hazardous type is deposited.
Storey
That portion of a building between the upper surface of any floor and
the floor next above, except that the topmost storey shall be the
portion of a building between the upper surface of the topmost floor
and roof line.
Structural
Alteration
Any change in or alteration to a structure involving a bearing wall,
column, beam, girder, floor or ceiling joists, roof rafters, foundations,
piles, retaining walls or similar components.
Structure
Anything that is erected, built or constructed of parts joined together
with a fixed location on the ground, or attached to something having
a fixed location in or on the ground and shall include buildings, walls,
fences or any sign.
Tank Farm
See bulk fuel storage definition.
Temporary
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 be no more than
sixty (60) consecutive days.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
13
May 12, 2017
Term
Meaning in this By-law
Tourist Trailer
Park or
Campsite
A site which provides for the temporary location of tents and trailers
used by travelers and tourists for overnight accommodation and
which is not used for permanent residence.
Trailer Coach,
Vacation
Any portable accommodation providing temporary living quarters in
which all facilities are not necessarily self-contained.
Unlicensed
Vehicle
A motor vehicle or part thereof that is not currently legally registered
and insured.
Vehicle,
Dismantled or
Wrecked
A motorized vehicle that is not legally registered with the Territorial
Government and is in a condition of disrepair rendering it immobile
and/or is not considered structurally safe to operate on a public
roadway.
Yard
A part of a parcel upon or over which no structure is erected.
a. Front Yard means a yard extending across the full width of a
parcel from the front lot line of the parcel to the front wall of the
principal building situated on the parcel;
b. Side Yard means a yard extending from the front wall of the
principal building situated on a parcel to the rear wall of the
principal building and lying between the side lot line of the parcel
and the side wall of the principal building; and,
c. Rear Yard means a yard extending across the full width of a
parcel from the rear wall to the principal building situated on the
parcel to the rear lot line of the parcel.
Zone
The category of use of land, buildings, structure, or activities
permitted by this By-law.
All other words and expressions have the meaning respectively assigned to them in the
Act.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
14
May 12, 2017
3 Part Three - Development Authority
3.1 Development Officer
1) The office of the Development Officer is hereby established and shall be filled by
a person appointed by resolution of Council established in accordance with Section
52 of the Act.
2) The Development Officer is authorized to perform the duties specified in Part Four
of this By-law and has enforcement powers as specified by Council pursuance to
Sections 52 through 56 of the Act.
3) The Development Officer shall:
a. Receive and process all Development Permit applications pursuant to this
By-law.
b. Keep and maintain for inspection by the public during normal office hours
the following official records:
i. a copy of the planning documents and all of the amendments thereto;
and
ii. a register of all applications for development, including the decisions
therein and the reasons therefore.
4) The Development Officer is hereby declared to be an official of the municipality
and an authorized officer or servant of Council.
3.2 Hamlet Council
The function of Council with respect to this By-law shall be to:
1) review and render decisions on development applications presented to it by the
Development Officer, having regard for the regulations of this By-law and the
provisions of the Community Plan;
2) review and render decisions on applications for development of a Conditional Use,
having regard for the regulations of this by-law and the provisions of the
Community Plan;
3) review and render decisions on applications for rezoning and/or other amendments
presented to it by the Development Officer;
4) specify the length of time that a permit may remain in effect for a temporary use;
and
5) carry out other such duties as may be prescribed in this By-law.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
Zoning By-law 371
15
May 12, 2017
3.3 Development Appeal Board
1) A Development Appeal Board is hereby established and must consider and
determine such appeals as may be referred to under the provisions of the Act.
2) The Development Appeal Board shall discharge such duties that are given to it in
this By-law or amendment thereof.
3) The Development Appeal Bard may meet as frequently as necessary, but shall
meet within thirty (30) days after an application for an appeal has been made to it.
4) The Board shall be composed of a Chairperson and four (4) other members to be
appointed concurrently for three (3) years of office by resolution of Council, and
who shall not be dismissed except for just cause.
5) The Board shall include no more than one (1) member of Council and shall not
include employees of the municipality.
6) When retirement or resignation of an Appeal Board member results in a vacancy,
the vacant position shall be filled by resolution of Council.
7) The Chairperson of the Development Appeal Board shall sign all notices of
decisions and any other documents on behalf of the Board, relative to any
jurisdiction of power of the Board, and any documents so signed shall be deemed
to be signed on behalf of, and with the approval of, the Development Appeal Board.
8) Where the Chairperson of the Development Appeal Board is absent or disabled,
any document of the Board may be signed by any one (1) member, and when so
signed, shall have the like effect as though signed by the Chairperson.
9) Three (3) members of the Development Appeal Board constitute a quorum for the
making of all decisions and for doing any action required or permitted to be done
by the Board.
10) Only those members of the Development Appeal Board in attendance at a Board
meeting shall vote on any matter then before the Board.
11) The decision of the majority of the members of the Board present at a meeting duly
convened is deemed to be the decision of the whole Board.
3.4 Secretary Development Appeal Board
1) The office of the Secretary of the Development Appeal Board is hereby established
and shall be filled by an employee of the Hamlet as appointed by Council, or the
Senior Administrative Officer acting on behalf of Council.
2) The secretary to the Development Appeal Board shall not be a member of the
appeal board nor will the Secretary in any case be the Development Officer.
3) The Secretary Shall:
a. keep available for public inspection before the commencement of the public
hearing all relevant documents and materials respecting an appeal under
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the Act, including the application for the development permit, its refusal and
the appeal there from;
b. receive and administer all applications for appeal;
c. notify members of the Development Appeal Board of the arrangements for
the holding of each hearing and other meetings of the Board;
d. ensure that reasonable notice of a hearing is given to the appellant and
other persons who, in the opinion of the Board, may be affected.
Notifications may be given in any or all of the following manners: letter,
verbal, newspaper, poster or television notification;
e. prepare and maintain a file of written minutes of all business transacted at
all meetings of the Development Appeal Board, copies of which shall be
regularly filed with Council;
f. serve the appellant and all affected parties a notice of the decision of the
Board and the reasons therefore;
g. notify Council of the decisions of the Board;
h. within thirty (30) days after the Appeal Board renders its decision, make a
complete report of the appeal proceedings to the Director, including all
representations made at the hearing; and
i. carry out such other administrative duties as the Development Appeal
Board may specify.
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4 Part Four- Development Applications
4.1 Control of Development
1) No development shall be undertaken within the Hamlet unless an application for it
has been approved and a Development Permit has been issued.
2) For the purpose of this By-law "Development" shall refer to those considerations
listed under the definition of "Development".
3) Nothing in this By-law, or in a Development Permit, or other approval issued under
this By-law or under the Act, shall be constructed as authorization for the carrying
out of any activity that is regulated through Federal or Territorial legislation or other
Hamlet by-laws.
4) Excluding the developments listed in section 4.3 and 4.4 below, no development
shall be undertaken, nor occupancy granted, use commenced, structure moved,
building effected or demolished, or utility connection approved without the
necessary permits having been obtained pursuant to this By-law.
5) In each zone shown on the Zoning Maps, permitted or conditional uses of land and
buildings are specified in Part 6 of this By-law.
6) The person to whom a Development Permit is issued shall be responsible for the
provision of services, landscaping of site, access and other requirements such as
site drainage, fire protection facilities or equipment and the prevention of seepage
of any sort onto adjacent lands.
4.2 Transition
An application for a development, subdivision, or amendment to the Zoning By-law which
is received in its complete and final form prior to the effective date of this By-law shall be
issued in accordance with the Hamlet Zoning By-law (2009) as amended, and the
regulations thereto, as applicable.
4.3 Development Not Requiring a Permit
1) No development permit is required under this By-law for the development listed in
this section, provided that such developments comply with all the regulations of
this By-law which are applicable.
2) The following is considered development for which no permit is required:
a. painting or decorating;
b. maintenance or repairs;
c. landscaping;
d. maintenance of any fence or gate;
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e. the erection, location or construction of temporary buildings, works, plant or
machinery needed in connection with construction operations for which a
Development Permit has been issued, for the period of those operations;
f. the maintenance and repair of public works, services and utilities carried out
by or on behalf of the municipal authority on land which is publicly owned or
controlled;
g. construction or installation of an accessory structure that does not exceed
10m2 in area and is not more than 3 meters high; and
h. other similar work, at the discretion of Council, provided that no person's
health or safety is endangered.
4.4 Non-Conforming Buildings and Uses
The provisions of this By-law shall not apply to or prevent the use and development of
land prohibited by the By-law if the use and development of land had been lawfully
established before this By-law came into force and effect. The following considerations
relate to non-conforming buildings and uses:
1) A non-conforming use of buildings may be continued but if that use is discontinued
for a period of six months or more the future use shall conform to this By-law.
2) A non-conforming use of part of a building may be extended throughout the
building but the building shall not be enlarged or added to, and no structural
alterations shall be made to it.
3) A non-conforming building may continue to be used but the building shall not be
structurally altered unless alterations conform to this By-law.
4) A non-conforming building may continue to be used but the building shall not be
structurally altered unless alterations conform to this By-law.
5) If a non-conforming building is damaged or destroyed such that more than seventy-
five percent (75%) of the most recently assessed value of the building above its
foundation is affected, the building shall not be repaired or rebuilt except in
accordance with the Zoning By-law.
6) The non-conforming use of land or building is not affected by reason only of a
change in ownership, tenancy or occupancy of the land or building.
4.5 Permission for Development
1) An application for a development permit may only be made by a person with a
legal, equitable estate, or interest in the property sought to be developed by a
person duly authorized in writing by him/her in this regard.
2) Where an applicant is other than the owner, the owner's written consent must be
submitted with the application.
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3) An application for development permit shall be made by submitting a completed
Form "A" to the Development Officer, which shall be subject to any minor
amendments the Development Officer may make.
4) Every application for a Development Permit shall include:
a. a detailed statement of proposed uses(s) for the property and buildings in
question.
b. a site plan showing the legal description of the lot and proposed front, rear
and side yards, if any, and any provisions for off-street loading and vehicle
parking, access and exit points to the site, locations and dimensions of all
existing buildings, structures or uses on the lot, location and sizing of
municipal services as required for water delivery and sewage pump-out,
and provision for landscaping and drainage;
c. floor plans, exterior elevations, or other drawings that describe the
development;
d. a statement of ownership of land and interest of the application therein;
e. the estimated commencement and completion dates;
f. the estimated cost of the project or contract price; and,
g. in the case of a permit for demolition of a structure, the volume of materials
and certification.
5) The Development Officer may also require an applicant to submit such additional
information as he/she considers necessary to verify the compliance of the
proposed use or development with the regulations of this by-law.
4.6 Conditions of Approval of Development Permits
1) The Development Officer may impose, with respect to a Permitted Use, such
conditions as are required to ensure complete compliance with this by-law.
2) Council shall, with respect to a Conditional Use, impose such conditions as
deemed appropriate to ensure complete compliance with the regulations of this by-
law and the provisions of the Community Plan.
3) A condition may impose a time limit on the development or use.
4) The Development Officer or Council may, as a condition of issuing a development
permit, require the applicant to:
a. make satisfactory arrangements for the supply of water, electric power,
sewer services, vehicular and pedestrian access, or any of them, including
payment of the costs of installation or constructing any such utility or facility
by applicant;
b. provide evidence that an acceptable Fire Safety Plan has been submitted
to the Office of the Fire Marshal, and provide a copy of the Fire Safety Plan;
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c. provide evidence of a site investigation by a qualified professional engineer
in areas that are at risk of flooding or erosion to determine the suitability of
the site for the intended development;
d. provide evidence that a building including its foundation will be designed in
accordance with the National Building Code of Canada;
e. provide an environmental assessment completed by a qualified
professional to identify risks and mitigation measures relevant to the
proposed development;
f. provide evidence of compliance with any other relevant federal, territorial or
municipal legislation;
g. enter into an agreement or an interim agreement (which shall be attached
to the form part of such development permit) to do any or all of the following:
i. prior to occupancy provide proof that inspections have been carried
out and the development found to be ready for occupancy by
authorities or utility providers;
ii. construct or pay for the construction, of a public roadway required to
give access to the development
iii. specify locations and number of vehicular and pedestrian access
point to sites from public roadways;
iv. install, or pay for the installation of utilities necessary to serve the
development; and
v. construct, or pay for the construction of, off-street or other parking
facilities, or loading and unloading facilities.
5) No change in plans, use of site, or methods of construction shall be undertaken
unless, and until, such change is approved in writing by the Development Officer.
4.7 Fees
Each application for a Development Permit shall be accompanied by a fee.
1) The fee for a Home Occupation Development Permit shall be $100.00. Applicants
are also required to obtain a Home Occupation Business License.
2) The fee for a Zoning By-law or Community Plan amendment shall be $100.00.
3) Each Application for a Development Permit shall be accompanied by a fee
calculated according to the following table:
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Cost of Project or Contract Price
Fee
0 to $1,000
$25
$1,001 to $25,000
$250
$25,001 to $50,000
$300
$50,001 to $75,000
$400
$75,001 to $100,000
$500
Over $100,000
$500 plus $3.50 per
each $1,000 over
$100,000
to
a
maximum
fee
of
$5,000.
4.8 Variances
1) The Development Officer may approve a development application notwithstanding
that the proposed development does not comply with the provisions of this by-law:
a. If the non-compliance is minor and where, in the opinion of the Development
Officer (DO), denial of the application would cause the applicant
unnecessary hardship unique to the use; and
b. The variance does not exceed the maximum allowed as follows:
Variance
Residential
Zones
Other Zones
Fence Height
Building Height
10%
10%
n/a
Front Yard
25%
25%
No relaxation
Side Yard
25%
10%
0.15m
Rear Yard
25%
10%
Discretion of DO
2) Any variance greater than the allowances identified above, shall only be granted
by Council.
3) The Development Officer may permit a development in any zone on a lot which is
substandard with respect to width, depth or area, provided that:
a. such lot was legally registered and existing at the date of commencement
of this by-law;
b. that the development is otherwise in accordance with the regulatory
requirements of the zone; and,
c. the proposed variance does not create or permit an encroachment onto the
municipal right of way or another property.
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4) In approving an application for a development, the Development Officer or Council
shall adhere to the following:
a. a variance should be considered only in cases of unnecessary hardship or
practical difficulties unique to the use, character, or situation of land or a
building, which are not generally common on other land in the same zone;
b. the general purpose of the appropriate zone; and
c. the policies of the Community Plan.
4.9 Decisions on Applications
1) An application is deemed to be refused if a decision of the Development Officer
has not been made within forty (40) days of the official final receipt of the
application.
2) The applicant may request confirmation in writing from the Development Officer
that their application has been received.
3) The Development Officer and Council shall promptly process a development
permit application with a notice of decision recorded on the application stating that
the application has been approved subject to conditions, if any, as may be required
(including any zoning regulation relaxation that has been granted) or that has been
refused for such reasons as may be specified.
4) When a development permit has been granted, the Development Officer shall, as
soon as possible:
a. clearly post a notice of decision on the lot or structure for which the
application has been made; and,
b. post a notice of the decision in the municipal office, and any other public
location the Development Officer deems necessary.
5) All development permit does not come into effect until 15 days after the date an
order, decision or development permit is publicized and any development
proceeded with by the applicant prior to the expiry of this period is done solely at
the risk of the applicant.
6) All development permits shall be issued by the Development Officer, including
permits for Conditional Uses and permits containing relaxations, once they have
been approved by Council.
7) The permit holder shall keep copies of the approved plans and specifications so
that they are available for inspection on the lot by the Development Officer.
4.10 Appeal to Appeal Board
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1) A person claiming to be affected by a decision of the Development Officer or
Council made under this by-law may appeal to the Development Appeal Board by
serving written notice of appeal within:
a. fourteen (14) days after the applicant has received notice of decision or
posted at the Municipal Office; or
b. a further time, not exceeding an additional forty-six (46) days, that the
Chairperson of the Development Appeal Board considers for "just cause".
4.11 Validity of Permits
1) When an application for a development permit has been approved by the
Development Officer, the development permit shall not be valid unless and until:
a. any conditions of approval, other than those of a continuing nature, have
been fulfilled.
2) If the Development Appeal Board is served with notice of an application for leave
to appeal the decision, subject to Section 61 and 62 of the Act, such notice shall
suspend the development permit.
3) The final determination of an appeal shall reinstate, revoke or amend (as the case
may be) a development permit suspended under (2) above.
4.12 Expiry of Permits
1) A development permit shall become void if the development has been discontinued
for a period of 180 days or has not been actively carried on for a period of 365
days.
2) If a development authorized by a development permit is not commenced, or is not
carried out with reasonable diligence (i.e. within 365 days from the date of issue),
the permit ceases to be valid, providing that, if the permit holder is unable to
proceed pending a court decision involving the proposed development, time shall
not run until such proceedings are finally completed.
3) The Development Officer may extend the above periods, at their discretion, upon
application for a period of not greater than 180 days. Such a period of extension
may only be granted once and thereafter the permit holder shall be required to
apply for another development permit.
4) When a development permit is issued for a site where any other valid development
permit has already been issued, it shall invalidate any previous permit.
5) When a development permit becomes void, a new application for a permit is
required before development may proceed. Such application shall be treated as if
it were a first application and there shall be no obligation to approve such
application.
4.13 Resubmission Interval
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1) When an application is refused by the Development Officer (and in the case of an
appeal, refused by the Development Appeal Board), another application on the
same site for the same use, or having occupancy by the same or any other
applicant, shall not be accepted by the Development Officer for at least 180 days
after the date of the previous refusal.
4.14 Submission to the Development Appeal Board
1) Pursuant to the Act, any person claiming to be adversely affected by a decision of
the Development Officer or Council may appeal by written petition to the
Development Appeal Board within fourteen (14) days after notice of decision has
been mailed to the applicant; after the approval has been posted conspicuously on
the lot; or within such further time (not exceeding an additional forty-six [46] days)
as the Chairperson of the Development Appeal Board, for just cause, may allow.
2) The Development Appeal Board shall:
a. hold a public hearing within thirty (30) days from the receipt of the notice of
appeal;
b. by Registered Mail and/or personal delivery ensure that at least seven (7)
days' notice of the hearing is given to the appellants and all other persons
who, in the opinion of the Board, may be affected; and,
c. consider each appeal, having due regard for the circumstances and merits
of its case and according to the purpose, scope and intent of the Community
Plan and Zoning By-laws.
3) The Development Appeal Board shall hear the Development Officer and any other
persons who may contribute to a full and proper hearing.
4) The Development Appeal Board may confirm, revoke, or vary the decision under
appeal and it may impose any conditions or limitations as it sees fit.
5) The Development Appeal Board shall render its decision in writing to the appellant
within sixty (60) days from the date the appeal hearing is held.
6) A decision of the Development Appeal Board is final and binding on all parties,
subject only to appeal under Division B of the Act.
7) The Development Appeal Board shall, within thirty (30) days of its decision, make
a complete report to the Director of Planning (as appointed under section 74 of the
Act), the Municipality, the appellant, and to each interested person upon their
request.
4.15 Enforcement of Penalties
1) Council may exercise its powers for the purposes of enforcing this by-law and/or
may authorize the Development Officer to act on behalf of Council, pursuant to
Section 52 through 60 of the Act to:
a. inspect any land or building for a purpose as stated in the Act;
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b. enforce the Act, regulations, zoning bylaw or development permit
2) A person who commences a development and fails to obtain a Development
Permit; or comply with a condition of a Development Permit granted under this
Bylaw, is guilty of an offence under Section 77 of the Act and is liable on summary
conviction to punishments set out in Section 78 of the Act:
a. In the case of a corporation to a fine not exceeding $100,000 and to a further
fine not exceeding $5,000 each day or part of a day during which the offence
continues; and
b. In the case of an individual
i. to a fine not exceeding $5,000 and, in addition, to a fine not
exceeding $1,000 for every day the offence continues, or
ii. to imprisonment for a term not exceeding six months in default of
payment of the fine.
3) The Development Officer or Council may require security in the form of a letter of
credit, performance bond, or certified cheque to ensure the development is
conducted and completed in compliance with any requirement of a development
permit or development agreement.
4.16 Right to Enter
1) Where a person fails or refuses to comply with an order directed to him/her within
the specified time, Council, or a person appointed by Council may, in accordance
with Section 54 and 55 of the Act, enter upon the land or building and take any
necessary action to carry out the order.
2) Where a person fails or refuses to comply with an order to permit entry upon the
land or building, he/she shall be guilty of an offence as defined under Section 57
of the Act and be liable to a fine or to imprisonment.
4.17 Suspending or Revoking a Development Permit
1) If a development is not being carried out or completed as approved then the
Development Officer may suspend or revoke the Development Permit. Written
notice stating that the development permit has been suspended or revoked will be
served in person or sent by registered mail to the owner and/or occupant of the
property affected, and to any contractor engaged in the work.
2) The notice described in 4.17 (1) will:
a. state the grounds for the suspension or revocation
b. state the conditions that must be met for a suspended development permit
to be reinstated
3) Council, if informed of the contravention of this by-law, or on its own initiative
without such information, may authorize that action be taken to enforce this by-
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law. Such action may include an application to the court for an injunction or other
Order to restrain the contravention.
4.18 By-Law Amendments
1) Minor administrative amendments may be made without amendment to the Zoning
By-law provided the general intent is maintained and the adjustment or
interpretation is approved by resolution of Council.
2) Any person applying to amend any part of this by-law shall apply in writing to the
Development Officer furnishing reasons to support the application, and requesting
that the Development Officer submit the application to Council. All applications to
amend this by-law shall require the completion of Form G.
3) All applications to amend any part of this by-law, except those initiated by Council
or the Development Officer, shall be accompanied by a non-refundable fee in
accordance with section 4.7 Fees.
4) If a person applies to Council in any manner for an amendment to this by-law,
Council shall require them to submit an application to the Development Officer in
accordance with the provisions of this section, before it considers the amendment
proposed by such person.
5) Notwithstanding anything contained in this section, an application for a proposed
amendment to any section of this by-law which has been rejected by Council within
the previous 365 days shall not be accepted.
4.19 Zoning Amendments
1) Any person applying to amend this by-law to change the zone governing any land
shall submit a completed application Form G to the Development Officer containing
the following:
a. a recent certificate of land title indicating ownership and other interests;
b. the applicant's name, address and interest in the property;
c. a signed statement by the applicant assuming responsibility for all costs
incurred by the Hamlet in processing the proposed amendment, whether it
be enacted or not, including, but not limited to, all mapping, printing,
reproduction, surveys, planning consultants reports and advertising costs;
d. a brief written statement by the applicant in support of their application, and
their reasons for applying; and
e. the application fee in accordance with section 4.7 Fees.
2) Upon receipt of an application for a rezoning amendment, the Development Officer
shall initiate or undertake an investigation and analysis of the potential impacts of
development under the proposed zone. The analysis shall be based upon the full
development potential of the uses and development regulations specified in the
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proposed zone, and not on the merits of any particular development proposal. The
analysis shall, among other things, consider the following impact criteria:
a. relationship to and compliance with the Community Plan;
b. relationship to and compliance with authorized plans and schemes in
preparation;
c. compatibility with surrounding development in terms of land use function
and scale of development;
d. traffic impacts;
e. relationship to, or potential impacts upon, services such as water and
sewage systems, and other utilities and public facilities such as recreational
facilities and schools;
f. relationship to municipal land, right of way, or easement requirements;
g. effect on the area's stability (e.g. effort will be made to retain and rehabilitate
existing desirable land uses/buildings);
h. necessity and appropriateness of the proposed zone in view of the stated
intentions of the applicant; and
i. documented concerns and opinions of area residents regarding the
application.
3) If the Hamlet administration wants to amend this by-law, they must put forward a
motion to Council. The motion must outline reasons for the change and
demonstrate how it meets the criteria listed in section 4.19 (1) a-i.
4.20 Zoning Amendment Process
1) In reviewing and processing by-law amendment applications, the Development
Officer shall:
a. examine the proposed amendment;
b. prepare a written report on the proposed amendment; and,
c. advise the applicant in writing and/or in person that the Development
Officer:
i. is prepared to recommend the amendment to the Council without
further investigation; or
ii. is not prepared to recommend the amendment; or
iii. requires further investigation to make a recommendation; or
iv. is prepared to recommend an alternative amendment.
2) Upon receiving the advice of the Development Officer, the applicant shall advise
the Development Officer if the applicant:
a. wishes the proposed amendment to proceed to Council, in which case the
applicant must prepay the advertising costs and any costs incurred by the
Hamlet to this point prior to the amendment proceeding to Council; or
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b. does not wish to proceed to Council with the proposed amendment, in which
case the application is considered abandoned.
3) If requested by the applicant, the Development Officer shall submit the proposed
amendment to Council
4) As soon as reasonably convenient, the Development Officer shall submit a
recommendation on the proposed amendment to Council, accompanied by the
results of their analysis and any other relevant material, and Council shall then
consider the proposed amendment.
5) The Development Officer, at their discretion, may present for the consideration of
Council, any proposed amendments to this by-law on their own initiative, and the
proposed amendment shall be accompanied by the report and recommendation of
the Development Officer.
6) Council, at its discretion, may initiate any amendment to this by-law and, prior to
the approval of any amendment, shall refer the proposal to the Development
Officer for their report and recommendation.
7) Amendments proposed by the Hamlet administration must be reviewed by Council.
A record of the discussions and considerations must be recorded made public.
The amendment must be made through by-law and require a public meeting.
4.21 Notification of Amendment
1) After giving a proposed by-law amendment first reading, and before giving it
second reading, Council shall, in compliance with the Act and Cities, Towns and
Villages Act, direct the Development Officer to (1) place a notice in two separate
issues of the local newspaper, describing the pending amendment, and (2)
dispatch a notice by ordinary mail to:
a. the applicant
b. the owners of the land subject to the proposed rezoning amendment; and,
c. neighbouring property owners.
2) The official notice shall state:
a. the purpose for which Council proposes to pass the amendment;
b. the place or places (one of which shall be the office of the municipality),
where a copy of the proposed by-law amendment may be inspected by the
public during office hours; and,
c. the time and place at which Council will hold a public hearing on the
amendment.
3) Where, in the opinion of the Development Officer, any proposed amendment is
likely to adversely affect other owners of land, they shall notify these property
owners of any concerns attributable to any development allowed under the
proposed zone.
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4) Proposed amendments to this by-law are subject to those same requirements and
procedures set out in the Act and Cities Towns and Villages Act regarding
enactment of by-laws.
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5 Part Five - General Provisions
The general regulations apply to any development on any site, irrespective of the zone in
which it is located. Where these regulations appear to be in conflict with regulations of a
specific zone, the General Development Regulations shall take precedence.
5.1 Environmental Protection
1) Where there is a potential for air or water pollution resulting from a particular land
use, the application for a proposed development may be referred by the
municipality to an appropriate Government Agency for study and recommendation
and due regard shall be given to such recommendation in dealing with the
application.
5.2 Soils and Drainage
1) In all cases, lot grades shall be established with the following minimum
requirements:
a. a minimum 2% gradient for drainage shall be provided.
2) All lot grading and drainage shall meet the approval of the Development Officer.
5.3 Accessory Buildings
1) Where any building or structure on a site is attached to a principal building, it shall
be deemed to be part of the principal building and not an accessory building.
2) Accessory buildings are subject to the same yard setback requirements required
for a principal building in that zone.
3) No accessory building shall be used for human habitation.
4) Accessory buildings shall be located a minimum of 3 m from the principal building.
5.4 Plan of Subdivision
1) Where the development of land involves a subdivision survey and mapping of land,
no Development Permit shall be issued until written evidence has been received
by the Development Officer that the necessary subdivision has been approved in
accordance with the Act.
5.5 Number of Dwellings
1) Unless otherwise provided for in this by-law, no more than one single dwelling unit
is permitted on a single parcel in any zone.
5.6 Lot Servicing
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1) Development Permits shall not be issued where, in the opinion of the Development
Officer, satisfactory arrangements have not been made with the Hamlet regarding
the supply of any or all of the following services: water, electricity, sanitary sewer,
street access or other services/facilities, including the payment of costs for
installing any such service or facility.
5.7 Fences
1) Fences will not be more than 2 m in height.
2) Barb wire fence material can only be used for fences in the industrial areas.
5.8 Hazardous Waste
1) Hazardous waste shall not be disposed of in the Hamlet of Tuktoyaktuk's landfill.
Disposal must meet the guidelines set in the GNWT Department of Environment
and Natural Resource's Guidelines for the General Management of Hazardous
Waste in the NWT.
2) Hazardous waste shall not be removed from its site of origin and stored on another
site within the Hamlet of Tuktoyaktuk.
3) When applying for a development permit for a demolition, evidence of approvals
from relevant authorizes for the management and disposal of hazardous waste
must be provided to the Development Officer as a condition of the development
permit.
5.9 Protection from Explosive Hazards
1) The location of a liquefied petroleum gas (LPG) storage tank with a water capacity
exceeding 9,100 litres shall be in accordance with the requirement of the
Development Officer but in no case shall be less than a minimum distance of 120
metres from assembly, institutional, commercial or residential buildings.
2) LPG containers with a water capacity of less than 9,100 litres shall be located in
accordance with Territorial Acts and Regulations.
3) Flammable liquids storage tanks shall be located in accordance with Territorial
Acts and Regulations.
4) Evidence of approvals from relevant authorities must be provided to the
Development Officer as a condition of the development permit.
5.10 Parking
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1) In all zones, user/occupant parking shall be wholly provided for on the same lot as
the building to be served unless otherwise approved by the Development Officer
or Council.
2) In accordance with Section 18 (2) of the Act, subject to the approval of Council, a
developer may choose to provide the required amount of off-street parking for the
development on land other than that to be developed.
3) Adequate access to, and egress from, individual parking spaces is to be provided
at all times by means of unobstructed maneuvering aisles which meet the approval
of the Development Officer.
4) Off-street parking spaces shall be provided for commercial and public uses
according to the following schedule:
a. Commercial uses, offices, restaurants and churches: 1 space for every
50m2 of gross floor area;
b. Motel: 1 space per sleeping unit
c. Hotel: 1 space per three guest rooms
d. Bed and Breakfast: 1 space per rented guest room
5) Every parking space shall have a minimum length of 6 m and a minimum width of
3 m.
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6 Part Six - Zoning District Regulations
6.1 R - Residential
The general purpose of this land use zone is to establish areas for residential
development.
1) Permitted Uses
a. Single detached dwelling;
b. Duplex dwelling;
c. Manufactured home;
d. Row housing;
e. Multiple dwelling;
f. Bed and Breakfast;
g. Parks and playgrounds;
h. Public or quasi-public buildings and uses servicing the immediate area;
i. Public utility buildings and installations; and
j. Accessory buildings and uses to the above uses.
2) Conditional Uses
a. Home occupations;
b. Religious establishments;
c. Convenience stores; and
d. Other uses which Council considers being similar in character and purpose,
and which are compatible with residential uses.
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3) Dimensions
Dwelling Type
Single
Detached
Duplex
Manufactured
Row
Housing
Minimum Site Area
350 m2
670m2
350m2
930m2
Minimum Site Width
Internal lots
Corner or double
fronting lots
18.5m
20 m
18.5m
20 m
18.5m
20 m
Maximum Lot Coverage
Dwelling
Accessory
50%
10%
40%
10%
40%
10%
Minimum Front Yard
Setback
6 m
6 m
6 m
6 m
Minimum Rear Yard
Setback
7 m
7 m
7 m
7 m
Minimum Side Yard
Setback
If Yard abuts flanking
street
3.5 m
6 m
3.5 m
6m
3.5 m
6m
3.5 m
6m
Minimum floor area
88 m2
56 m2
56 m2
56 m2
Maximum Height
10.5 m
10.5 m
10.5 m
10.5 m
4) In the case of duplex units and row housing, side yard requirements along the
common wall is waived.
5) All development shall meet the requirements of Part Five and Seven of this Bylaw.
Schedule A - By-law Text
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6.2 CC - Community Core
The CC general purpose of this land use zone is to accommodate a mix of pre-existing
residential, commercial and public uses while allowing for some new development where
risks related to erosion or flooding can be mitigated.
1) Permitted Uses
a. None
2) Conditional Uses
a. Single detached dwelling;
b. Duplex dwelling;
c. Manufactured home;
d. Row housing;
e. Retail stores;
f. Public office buildings;
g. Health centre;
h. Motels/hotels;
i. Religious establishments;
j. Parks;
k. Public utility buildings and installations; and
l. Buildings accessory and uses to the above uses.
m. Local utility services
n. Community garage
o. Fire hall
p. Buildings accessory and uses to the above uses.
q. Other uses which Council considers being similar in character and purpose,
and which are compatible with community core uses.
3) Development Regulations
a. Land in this zone shall only be developed if the applicant demonstrates that
the land is not susceptible to erosion or risks can be mitigated by the land
owner. See section 4.6(4),c. of this by-law for how an applicant must
demonstrate this.
b. All developments should meet the requirements of Part Five and Seven of
this By-law.
4) A person applying to develop a hotel or motel shall comply with the provisions of
Part Seven of the Zoning By-law.
Schedule A - By-law Text
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6.3 C - Commercial
The C Commercial Zones provides for commercial uses that do not require large areas
of parking or outdoor storage space.
1) Permitted Uses
a. Retail stores;
b. Offices;
c. Motels;
d. Hotels;
e. Restaurants;
f. Public offices;
g. Convenience stores;
h. Public utility buildings and installations; and
i. Buildings accessory and uses to the above uses.
2) Conditional Uses
a. Single detached dwelling;
b. Duplex dwelling;
c. Manufactured home;
d. Row housing;
e. Religious establishments;
f. Combined commercial and residential complexes; and
g. Buildings accessory and uses to the above uses.
h. Other uses which Council considers being similar in character and purpose,
and which are compatible with commercial uses.
3) Development Regulations
Buildings
Minimum Site Area
To be established by the
Development Authority
Minimum Lot Depth
30 m
Minimum Lot Width
Motels
7.5 m
30 m
Maximum Site Coverage
30%
Minimum Front Yard
Setback
6m
Minimum Rear Yard
7 m
Minimum Side Yard
3.5 m
Maximum Building Height
10.5 m
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4) All developments should meet the requirements of Part Five and Seven of this
By-law.
5) A person applying to develop a hotel or motel shall comply with the provisions of
Part Seven of the Zoning By-law.
Schedule A - By-law Text
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6.4 CI - Commercial Industrial
The CI Commercial Industrial Zone provides for a mix of commercial and industrial uses
that require larger areas of parking or outdoor storage spaces than would be appropriate
in land areas designated for Community Core or Commercial uses.
1) Permitted Uses
a. Warehouse;
b. Parking garage;
c. Storage yards for machinery, trucks, gravel or building materials;
d. Care takers unit
2) Conditional Uses
a. Construction and work camps;
b. Industrial uses related to oil and gas;
c. Hotels;
d. Motels;
e. Campground;
f. Public buildings and uses;
g. Public utility buildings and installations; and
h. Other uses which are considered by Council to be similar in character and
purpose to the uses listed above as part of the Commercial Industrial zone.
3) Development Regulations
Buildings
Minimum Site Area
To be established by the
Development Authority
Minimum Lot Depth
30 m
Minimum Lot Width
30 m
Maximum Site Coverage
30%
Minimum Front Yard
Setback
6m
Minimum Rear Yard
7 m
Minimum Side Yard
6 m
4) The height of buildings and structures shall not exceed the airport height
guidelines established by the Federal or Territorial Governments.
5) All developments should meet the requirements of Part Five and Seven of this
By-law.
Schedule A - By-law Text
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May 12, 2017
6.5 PU - Public Use
The purpose of the PU- Public Use Zone is to provide for the development of public
facilities of an institutional or community service nature.
1) Permitted
a. School
b. Religious establishments;
c. Community halls;
d. Health centres;
e. Cultural centres
f. Cemeteries;
g. Arena;
h. Senior citizens homes and similar buildings;
i. Parks, playgrounds, recreation areas;
j. Accessory buildings and uses.
2) Conditional Uses
a. Public utility installations and uses;
b. Other uses which are considered by Council to be similar in character and
purpose to the permitted uses listed above.
3) Development Regulations
Buildings
Minimum Site Area
To be established by the
Development Authority
Minimum Lot Depth
30 m
Minimum Lot Width
To be determined by the
Development Authority
Maximum Site Coverage
60%
Minimum Front Yard
Setback
6m
Minimum Rear Yard
7 m
Minimum Side Yard
6 m
Maximum Building Height
10.5 m
4) All developments should meet the requirements of Part Five and Seven of this
By-law.
Schedule A - By-law Text
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6.6 OS - Open Space
The OS- Open Space zone provides land for active and passive recreation.
1) Permitted Uses
a. Playgrounds;
b. Sports fields
c. Sheds required to support traditional and cultural activities;
d. Ice house;
e. Community gardens;
f. Natural areas for environmental protection; and
g. Buildings and uses accessory to the above.
2) Conditional Uses
a. Public or quasi-public buildings and uses;
b. Public utility installations and uses;
c. Other uses which are considered by Council to be similar in character and
purpose to the permitted uses listed above.
3) All park and playground equipment shall meet or exceed Canadian safety
standards.
Schedule A - By-law Text
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6.7 IH - Industrial Harbour
The Industrial Harbour Zone provides for industrial uses where a portion of the activities
are generally carried out outdoors, may require large lots, may require direct access to
the water, or may create off-site nuisances. Permitted Uses
a. Wharfs, piers and docks;
b. Marine oriented trans-shipment facilities;
c. Warehouses and storage areas;
d. Tank farms and bulk fuel storage;
e. Care-taker units; and
f. Accessory buildings and uses.
2) Conditional Uses
a. Construction work camps;
b. Other uses which are considered by Council to be similar in character and
purpose to the permitted uses listed above.
3) Development Regulations
Buildings
Minimum Site Area
To be determined by the
Development Authority
Minimum Site Depth
To be determined by the
Development Authority
Minimum Site Width
30 m
Maximum Site Coverage
60%
Minimum Front Yard Setback
10 m
Minimum Rear Yard Setback
6 m
Minimum Side Yard Setback
6 m
Maximum Building Height
10 m
4) External storage yards are to be designed to allow goods and equipment to be
kept in a neat and orderly manner and enclosed by a fence or wall, to the
satisfaction of the Development Officer or Council.
5) The height of buildings and structures shall not exceed the airport height
guidelines established by the Federal or Territorial Governments
Schedule A - By-law Text
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6.8 ER - Environmental Reserve
The purpose of the ER- Environmental Reserve Zone is to limit development in areas that
are susceptible to erosion or flooding. Development of these lands shall be not permitted
unless the development is temporary, risk can be mitigated by the owner.
1) Permitted Uses
a. None
2) Conditional Uses
a. Dock
b. Accessory uses
c. Other uses which Council considers to be low risk or have demonstrated
the risk of erosion or flooding have been mitigated.
Schedule A - By-law Text
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6.9 UR - Urban Reserve
The Urban Reserve identifies areas to meet the anticipated needs of the community.
Future development of these lands shall be consistent with the Community Plan land use
concept plan and policies, and will require the rezoning of any land prior to development.
1) Permitted Uses
a. None
2) Conditional Uses
a. Recreational uses;
b. Parks/Open Space uses; and
c. Public Utility uses which are not prejudicial to future development for
residential, commercial, community use or compatible urban uses.
3) Development Regulations
a. All approved uses are interim uses only and an agreement outlining the
conditions and duration of use must be approved by Council.
Schedule A - By-law Text
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6.10 H - Hinterland
The purpose of the Hinterland Zone is to protect those natural areas outside the built up
area of Tuktoyaktuk for the benefit of all of Tuktoyaktuk's residents until it is identified for
future growth in the Community Plan, and to provide for core public infrastructure
including areas required to meet environmental protection regulations and setbacks.
1) Permitted Uses
a. Traditional and cultural activities.
2) Conditional Uses
a. Solid waste disposal
b. Shipping and navigational aids
c. Water reservoirs and water supply facilities;
d. Cemeteries;
e. Environmental reserves for watershed protection; and
f. Those uses which, in the opinion of Council, do not detract from the existing
use of the area, and which conform to the general purpose and intent of the
zone.
3) An Environmental Assessment may be required as condition of a development
permit.
4) No Council shall be the approval authority for all uses in this zone
Schedule A - By-law Text
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6.11 A - Airport
The purpose of this zone is to recognize the jurisdiction and authority of the Government
of the Northwest Territories and the Government of Canada over public airport lands
forming part of the Tuktoyaktuk Airport in the Commissioner's Public Airport Lands
1) All uses and developments on those Commissioner's public lands shall be subject
only to the approval of the Government of the Northwest Territories. For greater
certainty, nothing in this by-law shall apply to the use or development of those
Commissioner's public airport lands.
2) Council or the Development Officer, if requested may provide input respecting any
proposed development on Commissioner's public airport lands.
Schedule A - By-law Text
Hamlet of Tuktoyaktuk
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May 12, 2017
7 Part Seven - Specific Land Use Regulations
The Specific Land Use Regulations apply to the uses included in this section irrespective
of the zone in which they are located. Where these regulations appear to be in conflict of
the zone regulations (whether for a permitted or conditional use), the Specific Land Use
Regulations shall take precedence and shall be applied in addition to the requirements of
the zone.
7.1 Motels
1) For the purpose of this subsection, a rentable unit means a separate unit or suite
of a motel intended for occupancy by one or more persons.
2) Unless connected to a continuous roof a minimum of 3.7m of separation shall be
provided between each rentable unit and any other building on the site.
3) Motor vehicle access shall be provided by:
a. not more than one entrance and one exit onto a street, each of a minimum
width of 7.0 m measured at its minimum dimension, or
b. no more than one combined entrance and exit not less than 9.0 m in width.
7.2 Bed and Breakfast
1) The building in which the Bed and Breakfast is located must be the principal
residence of the owner of the Bed and Breakfast and their family.
2) Any person wishing to operate a bed and breakfast operation shall be required to
apply for a development permit;
a. bed and breakfast operations shall be limited to residential land use zone
and shall be contained in or physically linked with the principal building;
b. off-street parking requirements for the residential unit itself, one (1) off-
street parking space shall be required per rented guest room; and,
c. the maximum number of rental rooms in a Bed and Breakfast is four (4) to
be designed for a maximum occupant load of eight (8) persons over and
above the owner and their family.
d. Applications for a development permit for a Bed and Breakfast must be
accompanied by proof that the plans met all requirements of the Office of
the Fire Marshal.
7.3 Home Occupations
1) Home occupations are conditional uses within residential zones and shall be
limited to those uses which do not interfere with the rights of other residents to
quiet enjoyment of a residential neighbourhood.
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2) Home Occupations shall be incidental and subordinate to the principal residential
use, and must have a valid business license issued by the Hamlet of Tuktoyaktuk.
3) Development permits issued for home occupations shall be revocable at any time
by the Council, if in their opinion, the use is or has become detrimental to the
amenities of the neighbourhood.
7.4 Playgrounds
1) All playground equipment installed in a park or playground area shall meet or
exceed current Canadian safety standards.
7.5 Caretaker Units
1) A caretaker unit shall be designed to be occupied by no more than one (1)
household, or a maximum of five (5) occupants.
2) Continued occupancy of the caretakers unit shall only be permitted where the site
is in use for a commercial or industrial operation.
7.6 Manufactured Homes
1) Manufactured homes shall in all cases:
a. be placed on permanent foundations and footings that comply with the
requirements of the National Building Code of Canada;
b. meet or exceed the provisions of C.S.A. Z240;
c. have a floor area not less than 74.34 m2 (800 ft2); and
d. enclose the undercarriage with skirting that allows adequate ventilation to
maintain permafrost, and complements the dwelling to the extent possible;
2) All accessory structures such as patios, porches, decks, additions and storage
facilities shall be of an equivalent quality to complement the dwelling.
7.7 Seasonal Campgrounds
1) Each site shall have a minimum of 150 m2, unless the site is restricted to tents only
where the minimum shall be 60 m2, and shall have its corners clearly marked on
the ground.
2) Each site shall have direct access to a developed roadway.
3) Each trailer coach shall be located at least 4.5 m away from any other trailer coach,
and each site shall have dimensions sufficient to allow such locations of trailer
coaches.
4) Minimum parking requirements for a campground include:
a. one parking spot within the boundaries of each campsite; and
b. on RV trailer spot within the boundaries of each campsite.
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5) The Campground operator shall be responsible to have on-site garbage disposal
facilities.
7.8 Work Camps
1) Each work camp can accommodate of up to 25 workers.
2) Facilities must consist of at least one bathroom and not fewer than 2 habitable
rooms providing therein living, dining, kitchen and sleeping accommodation in
appropriate individual or combination rooms.
Schedule A - By-law Text
SCHEDULE B
FORMS
Schedule A - By-law Text
SCHEDULE C
ZONING BYLAW MAPS