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CONSOLIDATION OF ZONING BY-LAW NO. 5045
Adopted March 14, 2022
AS AMENDED BY
By-law No. 5079 - March 25, 2024
By-law No. 5095 - October 28, 2024
By-law No. 5105 - May 12, 2025
By-law No. 5115 - October 14, 2025
By-law No. 5120 - February 25, 2026
By-law No. 5123 - March 25, 2026
By-law No. 5124 - March 25, 2026
(This consolidation is prepared for convenience only.
For accurate reference, please consult the
City Clerk's Office, City of Yellowknife)
DM#761656-v1
Zoning By-law 5045| March 14, 2022
A BY-LAW of the Council of the Municipal Corporation of the City of Yellowknife in the
Northwest Territories, authorizing the Municipal Corporation of the City of Yellowknife to
adopt a Zoning By-law for the City of Yellowknife.
PURSUANT TO:
a)
Sections 12 to 32 inclusive of the Community Planning and Development Act,
S.N.W.T., 2011, c.22; and
b)
Section 129 of the Cities, Towns and Villages Act, S.N.W.T., 2003, c.22.
WHEREAS the Municipal Corporation of the City of Yellowknife deems it desirable to
adopt a Zoning By-law;
NOW, THEREFORE, THE COUNCIL OF THE MUNICIPAL CORPORATION OF THE CITY OF
YELLOWKNIFE, in regular sessions duly assembled, enacts as follows:
SHORT TITLE
The By-law may be cited as the Zoning By-law No. 5045.
APPLICATION
The Zoning By-law for the City of Yellowknife comprised of Schedule "A" attached hereto
and forming part of this by-law is hereby adopted.
REPEALS
Zoning By-law No. 4404, as amended, is hereby repealed.
EFFECT
That this by-law shall come into effect upon receiving Third Reading and otherwise meets
the requirements of Section 75 of the Cities, Towns and Villages Act.
Table of Contents| i
Zoning By-law 5045| March 14, 2022
Table of Contents
1.
Enactment and Interpretation .............................................................................. 1
1.1.
Title .................................................................................................................. 1
1.2.
Purpose of the By-law ..................................................................................... 1
1.3.
Application ....................................................................................................... 1
1.4.
Zones and Zoning Map .................................................................................... 2
1.5.
Rules of Application ......................................................................................... 2
1.6.
Effective Date .................................................................................................. 3
1.7.
Repeal .............................................................................................................. 3
1.8.
Transition ......................................................................................................... 3
1.9.
Severability ...................................................................................................... 3
2.
Definitions ........................................................................................................... 4
3.
Roles and Responsibilities .................................................................................. 31
3.1.
Development Officer ..................................................................................... 31
3.2.
Council ........................................................................................................... 31
3.3.
Development Appeal Board .......................................................................... 32
3.4.
Secretary to the Development Appeal Board ............................................... 33
4.
Development Permit Process ............................................................................. 34
4.1.
Development Permits and Development Considerations............................. 34
4.2.
Development not requiring a Development Permit ..................................... 35
4.3.
Legal Non-Conforming Uses, Structures and Lots ......................................... 36
4.4.
Application for a Development Permit ......................................................... 37
4.5.
Development Permit Process ........................................................................ 38
4.6.
Decision Process and Conditions for Development ...................................... 39
4.7.
Development Permit Conditions and Development Agreements ................ 41
4.8.
Variance Authority ......................................................................................... 43
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Zoning By-law 5045| March 14, 2022
4.9.
Evaluation Criteria for a Variance .................................................................. 43
4.10. Fees ................................................................................................................ 43
4.11. Notice of Decisions ........................................................................................ 44
4.12. Effective Date and Validity of a Development Permit .................................. 44
4.13. Failure to Complete Development ................................................................ 45
4.14. Amending a Development Permit ................................................................. 45
4.15. Suspending or Revoking of a Development Permit ...................................... 46
5.
Appeals and Amendments.................................................................................. 47
5.1.
Development Appeal Process ........................................................................ 47
5.2.
By-law Amendments ..................................................................................... 49
6.
Compliance ........................................................................................................ 50
6.1.
Contraventions and Enforcement Order ....................................................... 50
6.2.
Right of Entry ................................................................................................. 50
6.3.
Penalties ........................................................................................................ 51
7.
General Development Regulations Applicable to all Zones ................................. 53
7.1.
Site Planning Considerations ......................................................................... 53
7.2.
Cultural Protection ........................................................................................ 54
7.3.
Grade ............................................................................................................. 55
7.4.
Vehicular Access and On-Site Traffic ............................................................. 56
7.5.
General Landscaping Regulations ................................................................. 56
7.6.
Fences ............................................................................................................ 62
7.7.
Sight Visibility Triangle ................................................................................... 64
7.8.
Parking ........................................................................................................... 65
7.9.
Signs ............................................................................................................... 76
7.10. Temporary Use .............................................................................................. 81
7.11. Set-backs from Water-Bodies ........................................................................ 82
7.12. Shoreline Development ................................................................................. 82
7.13. Specific Use Regulations Applicable to All Zones .......................................... 83
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Zoning By-law 5045| March 14, 2022
8.
General Development Regulations Applicable to Residential Zones .................... 87
8.1.
General Development ................................................................................... 87
8.2.
Specific Use Regulations Applicable to Residential Zones ............................ 88
9.
General Development Regulations Applicable to Non-Residential Zones ............ 93
9.1.
General Development ................................................................................... 93
9.2.
Specific Use Regulations Applicable to Non-Residential Zones .................... 93
10. Residential Zones and Zone Regulations ............................................................. 96
10.1. R1 - Low Density Residential ......................................................................... 96
10.2. R2 - Medium Density Residential ............................................................... 100
10.3. RC - Residential Central .............................................................................. 105
10.4. RE - Residential Estate ................................................................................ 114
10.5. RI - Residential Intensification .................................................................... 118
11. Commercial Mixed Use Zones and Zone Regulations ........................................ 123
11.1. DT - Downtown ........................................................................................... 123
11.2. CS - Commercial Service ............................................................................. 135
11.3. OT - Old Town Mixed Use ........................................................................... 139
12. Industrial/Solid Waste Management Use Zones and Zone Regulations ............. 145
12.1. KL - Kam Lake .............................................................................................. 145
12.2. KLS 1 - Kam Lake South One ....................................................................... 150
12.3. KLS 2 - Kam Lake South Two ....................................................................... 154
12.4. IG - Industrial General ................................................................................. 156
12.5. SWM - Solid Waste Management ............................................................... 159
13. Parks, Recreation and Public Use Zones and Zone Regulations ......................... 161
13.1. PS - Public Service ....................................................................................... 161
13.2. PR - Parks and Recreation ........................................................................... 163
13.3. NA - Natural Area ........................................................................................ 165
13.4. NP - Nature Preservation ............................................................................ 166
14. Special Management Use Zones ....................................................................... 167
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Zoning By-law 5045| March 14, 2022
14.1. GM - Growth Management ........................................................................ 167
14.2. AE - Airport Environs ................................................................................... 169
14.3. NC - Ndilo Community ................................................................................ 172
14.4. EH - Environmental Hazard ......................................................................... 173
14.5. SA - Seismological Array.............................................................................. 174
14.6. SMR - Special Management Reserve .......................................................... 175
Schedule 1 - Zoning Map ......................................................................................... 176
Schedule 2 - Parking Standard Areas Map ............................................................... 177
Schedule 3 - Certificate of Compliance .................................................................... 178
Tables
Table 2-1: Definitions........................................................................................................... 4
Table 2-2: Sign Definitions ................................................................................................. 30
Table 7-1: Landscaping Regulations for Residential .......................................................... 58
Table 7-2: Landscaping Regulations for Non-Residential .................................................. 60
Table 7-3: Minimum Parking Space Requirements ........................................................... 66
Table 10-1: R1 Permitted and Discretionary Uses ............................................................ 96
Table 10-2: R1 Regulations ................................................................................................ 97
Table 10-3: R2 Permitted and Discretionary Uses .......................................................... 100
Table 10-4: R2 Medium Density Regulations .................................................................. 101
Table 10-5: RC Permitted and Discretionary Uses .......................................................... 105
Table 10-6: RC Residential Central Regulations .............................................................. 106
Table 10-7: RC Residential Central Non-Residential Regulations ................................... 109
Table 10-8 RC-1 Permitted and Discretionary Uses ........................................................ 111
Table 10-9: RC1 1 Specific Regulations ............................................................................ 112
Table 10-10: RC Specific Setback Regulations ................................................................. 113
Table 10-11: RE Permitted and Discretionary Uses ........................................................ 114
Table 10-12: RE Residential Estate Regulations .............................................................. 114
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Zoning By-law 5045| March 14, 2022
Table 10-13: RI Permitted and Discretionary Uses ......................................................... 118
Table 10-14: RI Residential Intensification Regulations .................................................. 119
Table 10-15: RI-1 Permitted and Discretionary Uses ...................................................... 120
Table 10-16: RI-1 Specific Regulations ............................................................................ 121
Table 11-1: DT Permitted and Discretionary Uses .......................................................... 123
Table 11-2: DT Downtown Residential Regulations ........................................................ 124
Table 11-3: DT Downtown Mixed & Non-Residential Regulations ................................. 126
Table 11-4: CS Permitted and Discretionary Uses ........................................................... 135
Table 11-5: CS Regulations .............................................................................................. 136
Table 11-6: OT Permitted and Discretionary Uses .......................................................... 139
Table 11-7: OT Residential Regulations ........................................................................... 140
Table 11-8: OT Non-Residential Regulations ................................................................... 141
Table 12-1: KL Permitted and Discretionary Uses ........................................................... 145
Table 12-2: KL Regulations .............................................................................................. 146
Table 12-3: KLS 1 Permitted and Discretionary Uses ...................................................... 150
Table 12-4: KLS 1 Regulations .......................................................................................... 151
Table 12-5: KLS 2 Permitted and Discretionary Uses ...................................................... 154
Table 12-6: KLS 2 Regulations .......................................................................................... 154
Table 12-7: IG Permitted and Discretionary Uses ........................................................... 156
Table 12-8: IG Regulations ............................................................................................... 157
Table 12-9: SWM Permitted and Discretionary Uses ...................................................... 159
Table 12-10: SWM Regulations ....................................................................................... 160
Table 13-1: PS Permitted and Discretionary Uses ........................................................... 161
Table 13-2: PS Regulations .............................................................................................. 162
Table 13-3: PR Permitted and Discretionary Uses .......................................................... 163
Table 13-4: PR Regulations .............................................................................................. 163
Table 13-5: NA Permitted and Discretionary Uses .......................................................... 165
Table 13-6: NP Permitted and Discretionary Uses .......................................................... 166
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Zoning By-law 5045| March 14, 2022
Table 14-1: GM Permitted and Discretionary Use .......................................................... 167
Table 14-2: GM Regulations ............................................................................................ 167
Table 14-3: AE Permitted and Discretionary Uses .......................................................... 169
Table 14-4: AE Regulations .............................................................................................. 170
Table 14-5: SMR Permitted and Discretionary Uses ....................................................... 175
1 Enactment and Interpretation| 1
Zoning By-law 5045| March 14, 2022
1.
Enactment and Interpretation
PURSUANT TO the regulations of the Community Planning and Development Act,
S.N.W.T. 2001,c.22 (the "Act") and the Section 70.(1)(e) of the Cities, Towns, and
Villages Act, the Council of the City of Yellowknife (City), in meeting duly assembled,
enacts as follows.
1.1.
Title
This By-law shall be known as the "Zoning By-law".
1.2.
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 City in a balanced and responsible manner pursuant to the
Community Planning and Development Act and in effect Community Plan.
1.3.
Application
The regulations of this By-law apply to the Use and Development of land and Buildings
within the municipal boundary of the City.
The City acknowledges that the Yellowknives Dene First Nation (YKDFN) has an inherent
right to self-government. It is acknowledged that as part of the on-going Treaty
negotiations between YKDFN, the Government of the Northwest Territories (GNWT) and
Canada that lands may be selected by YKDFN within the municipal boundary that would
otherwise be regulated by the City of Yellowknife. The City will work with the YKDFN on
administration and application of this by-law to lands selected by the YKDFN determined
through the conclusion of the Treaty negotiation process.
Whereas the Interim Land Withdrawal on Commissioners Land inside the City's
municipal boundary, as shown in Schedule 1 - Zoning Map, arose from an agreement
between the Akaitcho Dene First Nations and the Government of the Northwest
Territories. Interim-land withdrawal is a way to prevent new interests from being
created while the Akaitcho Dene First Nations continue to negotiate their land claim
with the Federal and Territorial governments.
1 Enactment and Interpretation| 2
Zoning By-law 5045| March 14, 2022
1.4.
Zones and Zoning Map
The Zones shall be referred to by the symbols and titles as described in
Sections 10 to 14 of this By-law.
Schedule 1 - Zoning Map, attached hereto and forming part of this By-law
divides the City into Zones and delineates the boundary of each Zone, subject
to Sections 1.4.3 to 1.4.5.
Where uncertainty exists as to the boundaries of the Zones as shown on
Schedule 1 - Zoning Map, the following applies:
a)
a boundary which follows a Street, right-of-way, lane, or stream shall be
deemed to follow the centre line thereof;
b)
a boundary which approximately follows a Lot Line shall be deemed to follow
the Lot Line;
c)
a boundary which approximately follows the municipal boundary shall be
deemed to follow the municipal boundary; and
d)
in circumstance not covered in Section 1.4, the location of the Zone boundary
shall be determined:
i
by the dimensions set out on the Schedule 1 - Zoning Map, or
ii by the measurement of and Use of the scale shown on the Zoning Map.
The Uses, restrictions and regulations of the Zones shall not apply to public
roadways, Streets, lanes or other right-of-way's unless these are legally closed
and a Lot is created.
Unless another Zone specifically designates the Shoreline of a particular
Water-Body, and is delineated on Schedule 1 - Zoning Map, the Shore of any
Water-Body (including islands) is deemed to be Zoned NP - Nature
Preservation. The outer limit of this NP - Nature Preservation Zone is deemed
to extend on land 50 m from the high water mark of the said Water-Body.
1.5.
Rules of Application
Words used in the present tense include the other tenses and derivative
forms. Words in the singular include the plural and vice versa.
The words shall and must require mandatory compliance except where a
Variance has been granted pursuant to this By-law.
1 Enactment and Interpretation| 3
Zoning By-law 5045| March 14, 2022
Words, phrases and terms not defined in Section 2 of this By-law shall be
given their definition in the Act. Other words shall be given their usual and
customary meaning.
Diagrams are illustrative in nature and meant to be tools to enhance clarity
and understanding of the application the By-law.
1.6.
Effective Date
This By-law comes into force and takes effect upon the date of its Third Reading.
1.7.
Repeal
Zoning By-law No. 4404, as amended is hereby repealed.
1.8.
Transition
An application for a Development Permit, or amendment to the Zoning By-Law
commenced prior to the effective date of this By-law shall be evaluated under the
regulations of Zoning By-law No. 4404, as amended.
1.9.
Severability
If any section, sentence, clause or phrase of this By-law is, for any reason, held to be
invalid by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of this By-law.
2 Definitions| 4
Zoning By-law 5045| March 14, 2022
2.
Definitions
In this By-law, the following definitions apply. Throughout this Zoning By-law, defined
terms are capitalized.
Where an application for a specific Use generally conforms to the wording of two (2) or
more Uses, the Development Officer shall determine the Use that best aligns with the
intent of the Development's purpose.
Table 2-1: Definitions
Term
Definition
Access
means a way of approaching or entering a property to provide vehicular or
pedestrian entrance to a property;
Front Street Access
means the location of
an entrance to
provide vehicular or
pedestrian entrance
to a property from the
fronting street;
2 Definitions| 5
Zoning By-law 5045| March 14, 2022
Term
Definition
Rear Street Access
means the location of
an entrance to
provide vehicular or
pedestrian entrance
to a property from an
alley or secondary
street;
Accessory Building
means a building or structure which is incidental and subordinate (or secondary)
to the main use of the lot. An accessory building must be separate (detached)
from the main building;
May include small animal enclosures, fuel storage tanks, sheds, detached garages,
fences, parking, and other outside uses associated with the principal use.
Accessory Use
means a use incidental, subordinate and exclusively devoted to the main use and
carried on with such main use, building or structure on the same lot;
Airport Use
means any use located within the area of land either in whole or in part for the
arrival and departure or servicing of aircraft or helicopter. Includes any use,
building, or equipment used in connection with the operation of the airport.
Applies within the boundaries of the Yellowknife Airport Reserve;
2 Definitions| 6
Zoning By-law 5045| March 14, 2022
Term
Definition
Amenity Space
means a covered or uncovered outdoor, ground level or roof-top area, onsite,
common or private, designed for pedestrian-oriented use;
Amenity Spaces may include the following:
a) roof-top patios;
b) widening of sidewalks to accommodate public gathering spaces;
c) landscaping including tree, shrubs and planters
d) benches, ledges or broad stairs;
e) monuments and/or public art;
f) public information displays, and;
g) related street furniture
Animal Services
means a building or structure for the purpose of medical treatment or grooming
that involves the short-term and temporary shelter of animals. May be supported
by the retail sales of associated products. This may include veterinary clinics and
hospitals, pet grooming salons, and dog daycares;
Architectural Features
means any building element not intended for occupancy and which extends
beyond the face of an exterior wall or a building. Such features include, balconies,
eaves, awnings, bay windows, chimney breasts or parts of chimney, sills, bay
windows, cornices and any other architectural features which, in the opinion of
the Development Officer, are of a similar character;
Artisan Studio
means the use of a building or accessory building for the production of arts,
crafts, or other finished products such as but not limited to photography,
sculpting, painting, ceramics;
Does not include Food Production Facility.
2 Definitions| 7
Zoning By-law 5045| March 14, 2022
Term
Definition
Automobile Repair
means the servicing, mechanical repair, customization and temporary storage of
automobiles, light trucks, utility vehicles, motorcycles, snowmobiles, and similar
automobiles;
As an Accessory Use, may include the storage, sale and installation of related
accessories and parts.
Automobile Sales
means the commercial sale and storage of automobiles. This may include an
accessory Automobile Service Station and associated retail sales for vehicle
accessories such as tires, but does not include a public Automobile Wash Facility;
Automobile Service
Station
means land building, fuel storage tanks and electric charging facilities used for the
sale and purchase of automotive fuel, propane and charging. It may also include
the sale of lubricating oils and other associated automotive fluids. Minor service
related to automobiles maintenance such as oil changes and tire repair may be
performed. It may also include a Convenience Store;
This does not include an Automobile Wash Facility.
Automobile Wash
Facility
means a commercial facility for washing vehicles, may include the sale of minor
retail sales of vehicle accessories such as windshield washer fluid and air
fresheners;
Automobile Wrecker
means a land used for the storing, junking, dismantling, wrecking or crushing of 3
or more motor vehicles, not in running condition, and may include the sale of
automobile parts;
Brewing/Distilling
Establishment &
Brewpub
means a commercial establishment where equipment and materials are stored
and operated for the purposes of brewing, distilling and bottling or canning
alcoholic beverages. Alcoholic beverages may be sold for offsite consumption, or
consumed on the premises. May include an Office or food sales for onsite
consumption;
Brownfield Sites
means undeveloped or previously developed properties that may be
contaminated. They are usually, but not exclusively, former industrial or
commercial properties that may be underutilized, derelict or vacant;
Building
means any structure having a roof supported by columns or walls and intended
for shelter, housing or enclosure;
2 Definitions| 8
Zoning By-law 5045| March 14, 2022
Term
Definition
Bulk Fuel Storage
means 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 150,000 litres;
Campground
means land used for the parking and temporary use campsites occupied by tents,
trailers, recreational vehicles and accessory uses and facilities such as
administrative offices, sanitary facilities, recreational facilities and a convenience
store;
Cannabis
means a cannabis plant and anything referred to in Schedule 1 of the Cannabis
Act (Canada) but does not include anything referred to in Schedule 2 of that Act;
Cannabis Production
& Distribution
means development used to produce, cultivate and grow Cannabis including
processing raw materials, making, testing, manufacturing, assembling or in any
way altering the chemical or physical properties of semi-finished or finished goods
and products. This use also includes the storage, transshipping, distribution &
sales of materials, goods and products to cannabis retail sales store;
Card Lock Facility
means one or more pump islands designed for the retail sale of gasoline or diesel
fuel using pumps which are operated automatically by credit or debit cards;
Car Sharing Parking
Space
means a parking space used to park a motor vehicle provided by a car sharing
service;
Car Sharing Service
means a service that provides motor vehicles solely for the shared use of
members of that service, and does not include an automobile rental
establishment or automobile dealership;
Car Share Vehicle
means a vehicle that is owned and operated by an organization providing vehicle
sharing services to its members, and may include commercial, cooperative,
governmental or non-profit organizations;
Change of Use
means a change in use of an intensity that results in a change in the use of the
land; examples include:
-
a change that results in a zoning amendment.
-
any change from one category of land use to another. The categories of
land use include: residential, commercial, industrial or institutional.
-
any change in the intensity of the land use which will result in increased
activity and/or density. Examples of this may include but are not limited
to:
o Single Dwelling residential to Multi-Dwelling residential;
o commercial convenience store to a food and beverage service;
2 Definitions| 9
Zoning By-law 5045| March 14, 2022
Term
Definition
City
means the Municipal Corporation of the City of Yellowknife in the Northwest
Territories established pursuant to the Cities, Towns and Villages Act;
Climate Change
means the present and future consequences from changes in weather patterns at
local and regional levels including extreme weather events and increased climate
variability;
Commercial
Entertainment
means the use of land, buildings or structures where a fee is charged to the public
for the provision of a performance which may be accompanied with the sale of
any items, food and beverage service. It may also include facilities for movies, live
theatre, dancing and musicals;
Commercial
Recreation
means the use of land, buildings or structures for recreational or tourism activity
in return for a fee. May include but is not limited to indoor commercial
playgrounds, bowling alleys, fairs, racquet courts, gymnasiums, outdoor tourism
activities, the storage of equipment to support outdoor tourism activities, staging
areas, retail sales, accessory food and beverage services and associated offices;
Does not include a Hotel.
Commercial Retail
Sales and Service
means the use of a building or buildings for the purpose of providing retail and
service opportunities through the buying and selling of commodities and/or
supplying of services. May include businesses such as major retail chains, clothing
stores, boutique shops and travel agencies;
This use does not include Automobile Sales, Automobiles Service Station, or Food
and Beverage Services.
Communications
Tower
means a structure affixed to the ground or a building used for the reception or
transmission of radio or visual information or entertainment;
Community Resource
Centers
means an office or offices, meeting room, assembly area, or similar facility for the
provision of social or cultural programming.
Composting Facility
means a site or building used for composting types of activities including
processing matter from raw organic materials which may create obnoxious odors
or waste materials;
2 Definitions| 10
Zoning By-law 5045| March 14, 2022
Term
Definition
Contractor Services,
means a development used for the provision of contracted services such as but
not limited to: electrical, plumbing, heating, painting, and other similar contractor
services;
May include limited accessory sales of goods normally associated with the
contractor services where all materials are kept within an enclosed building. Fleet
storage may be permitted for four automobiles or less associated with the
business and parked onsite.
Convenience Store
means the use of a building for the selling of limited commodities required by area
residents on a day-to-day basis in an enclosed building which does not exceed 250
m2 in gross floor area. Typical uses include small food stores, variety stores,
pharmaceutical and personal care items, but does not include Food and Beverage
Services;
Convention Center
means a permanent facility used for the holding of conventions, seminars,
workshops or similar activities, and may include dining, and compatible accessory
facilities;
Council
means the Council of the Municipal Corporation of the City of Yellowknife in the
Northwest Territories established pursuant to the Cities, Towns and Villages Act;
Crematorium
means a building or a part of a building being used for cremation;
Day Care Facility
means a day care facility where day care is provided in a place other than a private
residence. Users can include children or adults with supervisory or care needs. The
following day care programs may be provided by a day care facility:
a) full-time day care;
b) out-of-school day care;
c) part-time day care;
d) preschool day care;
Day Care Facility,
Home
means a day care facility where care is provided within the private residence of
the operator as a home based business and up to one support staff. Users can
include children or adults with supervisory or care needs;
Deck
means an uncovered horizontal platform intended for seasonal use;
Density
means the maximum number of dwelling units permitted by this By-law based on
lot area;
2 Definitions| 11
Zoning By-law 5045| March 14, 2022
Term
Definition
Development
means the carrying out of:
a) any construction, including placement or movement of a building,
b) any excavation, or the deposit or movement of soil or other materials, or
c) other related operations
d) the product of development, as the term is defined in paragraph (a), such
as a building or a developed site, or
e) the making of any change in the use or the intensity of the use of any land
or building;
Development
Agreement
means a document specifying the manner in which the City requires a developer
to carry out improvements on and off the Site proposed for Development and may
include but is not limited to such items as the installation of water/sewer service
and provision of public roadways and other infrastructure pursuant to Section 20
(1) of the Act;
Development Appeal
Board
means the Development Appeal Board established by Council in accordance with
Section 30 of the Community Planning and Development Act;
Development Officer
means a person appointed pursuant to Section 3.1 of this By-law;
Development Permit
means a document authorizing a Development issued pursuant to this By-law;
Discretionary Use
means a use listed as a Discretionary Use that may be approved by Council after
due consideration is given to the Impact of that use upon neighboring land and
other lands in the City, subject to Section 3.4 of this By-law;
Dog Lot (Yellowknife
Kennels)
means the use of land, buildings or structures for the keeping of dogs associated
with traditional, recreational or commercial purposes to facilitate dog-sledding
activities;
common term is 'Yellowknife Kennels' but does not include "Kennels". And
reference to "kennels" in the Kam South Designation in the 2020 Community
By-law #5007 are meant to be dog lots.
Drive-Through
means an establishment designed for service provision to customers who remain
in their automobiles. A Drive-Through business may include banking, Food and
Beverage Services, or dry cleaners but does not include a theatre and shall be
accessory to the principal use;
2 Definitions| 12
Zoning By-law 5045| March 14, 2022
Term
Definition
Dwelling definition amended by By-law No. 5095 October 28, 2024
Dwelling
Dwelling types include all residential forms and may include dwelling units that
have support services available on site;
"Single Detached
Dwelling" means a
residential building
containing one
dwelling unit, which is
physically separate
from any other
residential building,
and may include a
factory built home;
"Duplex Dwelling" means a residential building containing two dwelling units of
approximately equal floor area with the dwelling units being placed side by side or
one over the other, and with individual and separate entrances to each dwelling
unit. This does not include a single detached dwelling with in-home secondary
suite;
2 Definitions| 13
Zoning By-law 5045| March 14, 2022
Term
Definition
"Detached Secondary
Dwelling (Suite)" means a
secondary dwelling unit
located in a separate
building on a lot where the
principal use is single
detached dwelling, factory
built dwelling or duplex
dwelling;
"Factory-Built Dwelling" a modular home, mobile home, or a panelized home with
a single or duplex dwelling unit built in a manufacturing plant and transported to
its point of installation;
"Townhouse Dwelling" means a building containing more than two Dwelling Units
that share one or more walls with adjacent Dwelling Units. Each Dwelling Unit has
its own individual entrance to the exterior. Townhouse Dwelling Units can be
arranged in a side-to-side, back-to-back, or stacked configuration;
i.
Conventional townhouses: incorporate side-to-side configurations with
three or more units in a row;
2 Definitions| 14
Zoning By-law 5045| March 14, 2022
Term
Definition
ii.
Back-to-back townhouses: incorporate both side-to-side and front-to-rear
configurations and are distinguished from conventional townhouses by
having two frontages;
iii.
Stacked townhouses: incorporate up-down as well as side-to-side and/or
front-to-rear configurations;
"Multi-Unit Dwelling" is a building that is
divided horizontally and/or vertically into
three or more separate Dwelling Units with
shared entrance facilities;
2 Definitions| 15
Zoning By-law 5045| March 14, 2022
Term
Definition
"Special Care Residence" a development where persons reside for the primary
purpose of receiving support, supervision and or treatment. Shared cooking,
dining, laundry, cleaning and other facilities are provided on site and specialist
care may be provided for 24 hours;
Dwelling Unit
means 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
containing sleeping, cooking and separate or sanitary facilities is accessed by a
separate locked entrance or serviced by one (1) or more separate utility
connections or accounts or both and is intended as a permanent or semi-
permanent residence;
Equipment Rental &
Repair
means a development used for the rental and repair of tools, appliances,
recreational craft, office machines, furniture, home appliances, light construction
equipment, recreational vehicles and industrial equipment;
Does not include Commercial Recreation activities.
Façade
means the exterior wall or walls of a building exposed to public view or that wall
viewed by persons not within the building;
Factory-built dwelling
Sales and Storage
means a site used for the storage, staging, or shipping of factory built homes and
related materials and may include accessory sales uses and structures;
Fence
means a structure continuous in length including gates, which is used to prevent
or restrict passage, to provide visual screening, sound attenuation, protection
from dust or the elements, or to mark a boundary;
Fleet Service
means the storage of fleet vehicles for the delivery of people, goods, or services,
where such vehicles are not available for sale or long-term lease;
Float Plane Base
means any use of land adjacent to water used either in whole or in part for the
arrival and departure or servicing of aircraft, and any buildings, installation or
equipment used in connection with the operation of the float plane base. May
include associated uses such as flight schools and Offices;
Floor Area
means the gross floor area of the building or structure, contained within all the
floors and basement. The floor area does not include areas used exclusively for
storage or mechanical/electrical service to the building;
Food and Beverage
Services
means a facility in which food and/or beverages are prepared to be sold for
consumption on the premises or for take-out, and may include such facilities as
restaurants, drive-in food establishments, taverns, bars, cocktail lounges and
catering services;
2 Definitions| 16
Zoning By-law 5045| March 14, 2022
Term
Definition
Does not include a Brewing/Distilling Establishment or fast foods sold by a
Convenience Store.
Food Production
Facility
means the use of a building or portion of a building for the preparation of food
from the processing of raw materials into a semi-finished or finished product and
may include the display of goods, onsite retail sale and offices. Uses include but
are not limited to commercial bakeries, delis, and butcher shops;
Funeral Home
means a facility used for the preparation of the deceased for final disposition and
for offering or providing funeral products and services to the public, but shall not
include a crematorium unless the crematorium uses an alkaline hydrolysis
cremation system;
Government Office
means development that provides for federal, territorial (including related boards
and agencies) municipal or aboriginal administrative functions and associated
public assembly functions;
Grade
means the elevation of finished ground surface, at building points, lot corners and
throughout the site, excluding an artificial embankment;
Grading
means the carrying out of any construction, blasting, excavation, Grading or other
operations to support the Development of the Site and building construction;
Gross Floor Area
means all the area of the floor enclosed by the outside edge of the exterior walls
of a building, including without limitations stairways, elevator shafts, storage
rooms and mechanical rooms;
Hard Surface
means the construction of a durable, dust-free, hard surface constructed of
concrete, asphalt or similar pavement for the life of the development;
Height
means the vertical distance measured from the average finished grade of the
corners of the proposed building or structure to the top of a building or structure;
in calculating height, features such as steeples, elevators, stairwell shafts,
flagpoles, radio transmitters, cupolas, antennae, chimney and ventilation
equipment shall not be included;
Home Based Business means the secondary use of a principal dwelling, and/or the use of an accessory
building located on the same parcel as the principal dwelling unit, or a
combination thereof, by a permanent resident(s) of the dwelling unit and limited
off site employee(s) to conduct a business activity or occupation. A limited number
of clients may access the site. It shall not include Cannabis Retail Sales or Cannabis
Production & Distribution, and Kennels or Animal Services unless for grooming
purposes only;
2 Definitions| 17
Zoning By-law 5045| March 14, 2022
Term
Definition
Hospital
means an institution or building or group of buildings used to provide in-patient
and out-patient health care to the public. May include comprehensive health
centres and full-service hospitals and care residences;
Hotel
means a building containing rooms or suites for temporary sleeping
accommodation where the rooms have access from a common interior corridor,
and which may also contain meeting rooms, Recreational Facilities, and Food and
Beverage Services;
Impact
means the determination of any combined or potential effects, positive or
negative in a specific area as a result of development activities which may occur
simultaneously, sequentially or in an interactive manner;
Industrial, Heavy
means an industrial use where such operations that have Impacts that would
make them incompatible in light industrial and non-industrial zones, such as
emission from the building of odours, fumes, noise, cinder, vibrations, heat, glare
or electrical interference;
May include one or more of the following operations:
a) the processing of raw or finished materials;
b) the manufacturing or assembly of goods, products or equipment;
c) the cleaning, servicing, repairing or testing of materials, goods and
equipment;
d) the training of personnel in general industrial operations.
e) the processing and sale of soil, top soil, sand, gravel, rock, clay, peat, or
similar substances, but not the extraction thereof;
f) the production of concrete and asphalt
g) the accessory storage of goods in connection with or resulting from any of
the above operations;
h) the provision of amenities for persons engaged in such operations;
i)
the accessory sale of goods resulting from such operations; and,
j)
the administration or accounting accessory to the operation;
Does not include the processing of waste, organic materials or the blasting and
subsequent sale of rock related to the grading of a lot.
Industrial, Light
means the use of land, building or structures for the manufacturing, processing,
repairing, fabricating, or assembly of raw materials or goods, warehousing or bulk
storage of goods and related accessory uses;
May include one or more of the following options:
a) Automotive repair
b) Auto body repair
c) Industrial cleaning supplies distribution
d) nursery and related uses
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Zoning By-law 5045| March 14, 2022
Term
Definition
e) tire shop
f) Equipment Storage Sales and Parts supplies
g) paint distribution
h) welding, fabricating and steel supplies
i)
Contractors
j)
Industrial safety supplies and training
If is an industrial use where the activities occurring on the property are causing a
nuisance, those activities are to be completed indoors or will otherwise be
considered Industrial, Heavy.
This use does not include Bulk Fuel Storage.
Institutional
means, for the purpose of this By-law all uses that support social programs and
facilities for the public by private, public, quasi-public, or NGO agencies.
Includes the following defined uses: Special Care Facility, Religious and Education
Establishments, Recreation Facility and Rehabilitative and Corrective Facility, but is
not a standalone use.
Kennels
means the use of land or buildings for the breeding, boarding, raising or training
and/or grooming of dogs for compensation. May include the impounding,
quarantining facilities and animal shelters;
Does not mean Dog Lots (Yellowknife Kennel).
Landscaping
Means the:
a) retention and preservation of existing natural vegetation and bedrock;
b) soft landscaping consisting of vegetation such as trees, shrubs, hedges,
grass and ground cover; and
c) hard landscaping consisting of non-vegetative materials such as brick,
stone/rock, concrete, metal, tile and wood.
Landowner
means:
a) in the case of land owned by the Commissioner of the Northwest
Territories or the Crown in right of Canada, the Commissioner or Minister
of the Crown having the administration of the land; or
b) in the case of any other land the registered owner, the owner's agent, or
an authorized representative;
Legal Non-
Conforming Structure
means a building or structure that was lawfully constructed or lawfully
under construction at the date of this By-law coming into force, and does not
conform to the requirements of this By-law;
2 Definitions| 19
Zoning By-law 5045| March 14, 2022
Term
Definition
Legal Non-
Conforming Use
means a Use of land or Building/Structure that was lawfully commenced before
the coming into force of this By-law and does not conform to the requirements of
this By-law;
Loading Space
means a space for the loading or unloading of a vehicle either inside or outside a
building or structure including space adjacent to a loading door, platform, or bay;
Lot
means an area of land, the boundaries of which are filed on a plan registered in
the Land Titles Office;
Lot, Corner
means a lot located at the intersection or junction of two or more streets;
Lot Lines
means the legally defined limits of any lot;
Lot Width
means the horizontal distance between the side lot lines measured along a
straight line setback from the front Lot Line at a distance equal to the minimum
required front yard for the zone and approximately parallel to the street line;
Marina
means a facility, building and/or structure with onshore and offshore components
that accommodate a combination of over-water uses and land uses by providing
anchoring, mooring, launching and parking areas and other uses;
Medical and Health
Services
means a building or part of a building for the provision of physical and mental
health services for out-patient care. May include dentists, doctors, counselors,
psychologists, optometrists, physiotherapists, chiropractors and other medical
services;
2 Definitions| 20
Zoning By-law 5045| March 14, 2022
Term
Definition
Does not include Animal services.
Medical Research and
Development
Facility/Laboratory
means a building or group of buildings for medicinal research, investigations,
testing and/or medical experimentation to aid in the treatment of patients;
Mixed Use
means a development that incorporates a mix of 2 or more permitted or
discretionary uses in the zone in one building and provides a building form that is
street oriented at grade;
Motel
means a building or group of buildings containing rooms or suites designed to
provide temporary accommodation, and where each room or suite has its own
exterior access which is provided with an adjoining or conveniently located
parking stall;
Municipal Services
means the activity, work or facility undertaken or provided for, on behalf of the
City of Yellowknife;
Natural Boundary
means the ordinary high water mark of any lake, river, stream or other body of
water where the presence and action of the water are so common and usual as to
mark upon the shore of a lake, river, stream or other body of water a character
distinct from that of the banks thereof, in respect to vegetation, as well as in
respect to the nature of the shore itself;
Natural Resource
Extraction
means the industrial extraction or taking of soil, top soil, sand, gravel, rock, silt,
clay, peat, sediment or any other substance of which land is composed or a
combination thereof; and may include quarrying or commercial mining of minerals
or elements like gold, silver, diamonds and base metals;
This definition does not include any excavation or work incidental to the
development of a building, structure, or use for which a development permit has
been issued.
Office
means the use of a commercial building or home-based business for professional
services such as but not limited to:
a) management,
b) administrative,
c) financial service, or
d) doctors' offices including the provision of out-patient health care;
Open Space
means an undeveloped site characterized by the bedrock outcrops, the water-
bodies, the indigenous vegetation and any other natural feature, or any
combination of these;
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Zoning By-law 5045| March 14, 2022
Term
Definition
Outdoor Storage
means the area of a site used for the storage of any goods, merchandise, junk,
vehicles, or equipment associated with the approved use of the site;
Outdoor Storage
Facility
means a site exclusively used for the storage of goods or materials or equipment.
Un-serviced buildings or structures are considered accessory buildings;
This also includes properties where a fee is charged for the use of outdoor storage.
Outdoor Wood Pellet
Boiler
means a heating system located outside of the building(s) to be heated, using
wood pellets as heating source. It typically comprises a storage unit, a boiler, and a
piping network connecting to the building(s) to be heated. A wood pellet boiler
heating system is considered accessory to the principal building (s) it serves on the
same lot or site;
Parking Area
means an open area of land other than a street, laneway, or building, which is used
for or intended to be used to provide space for parking, loading or storage of
motor vehicles, and which may include bicycle spaces and the access to the area
where parking is the principal use;
Parking Lot
means an open area of land other than a street or a building designed and used for
the parking of a number of vehicles, and where parking is the principal use of the
lot;
Parking Space
means a space for the parking of one motor vehicle either inside or outside of a
building or structure, but does not include space for drive aisles and other areas
providing access to the space;
Parking Structure
means a structure or a portion of a structure that is used for or intended to be
used to provide space for parking, loading or storage of motor vehicles, and which
may include bicycle spaces and the access to the area where parking is the
principal use;
Parks and Recreation
means a site for use by the public for both passive and active forms of recreation;
Permitted Uses
means a use listed in a permitted use table that shall be approved with or without
conditions provided the requirements and regulations of this By-law are satisfied;
Personal Services
means the provision of a service to the public on a commercial lot or home based
business. Services may include but are not limited to massage therapy, beauty
salons, hairdressers, photographers, travel agencies;
Physical Limitations
when used in reference to consider a modification of lot or yard sizes, setbacks,
and parking shall refer to the existing terrain and topography of the lot, unique
vegetation, geometry of a particular lot or the location of existing structures which
may be a limitation to the type of development that characterizes a particular
zone;
2 Definitions| 22
Zoning By-law 5045| March 14, 2022
Term
Definition
Planned Development definition amended by By-law No. 5095 October 28, 2024
Planned
Development
"Planned Development" means the grouping on a lot of two or more:
i.
Permitted or discretionary uses; and/or
ii.
Principal buildings;
Principal
means a building which:
a) occupies the major or central portion of a lot;
b) is the principal or main building on a lot; or
c) constitutes by reason of its use the primary purpose for which the lot is
used;
Principal Use
means the main purpose for which a building or lot is used;
2 Definitions| 23
Zoning By-law 5045| March 14, 2022
Term
Definition
Projection
means an architectural feature, or building feature, such as an unenclosed deck,
that overhangs or protrudes into the required minimum setback;
Public Park
means all land that is maintained or operated by the City of Yellowknife for
community recreation activity;
Public Utility Uses
and Structures
means a system, works, plant, equipment, or service, whether owned or operated
by or for the City or by a corporation, which furnishes services and facilities
available at approved rates to or for the use of the inhabitants of the City,
including but not limited to communication systems, transportation, municipal
services, and the supply of electricity;
Real Property Report
means a legal document that clearly illustrates the location of significant visible
improvements relative to the property boundaries. It is produced by a Canada
Lands Surveyor usually for determining compliance with municipal By-laws;
Recreation Facility
means all or any part of a building, buildings, or structure that is maintained or
operated for community recreation activity;
Recreation Space definition amended by By-law No. 5095 October 28, 2024
Recreation Space
means indoor and outdoor recreation space provided as required in the By-law:
i.
"Indoor Recreation Space" includes but is not limited to: balconies,
communal indoor lounges, or private gyms;
ii.
"Outdoor Recreation Space" includes but is not limited to: roof lounges,
community gardens, outdoor gathering space, or children's play area
2 Definitions| 24
Zoning By-law 5045| March 14, 2022
Term
Definition
Recycling Facility
means a development for depositing, storing, separating, dismantling, salvaging,
treating, renovating or redistributing non-toxic discarded materials and scrap
goods for use as recycled materials, such as paper, glass, plastics, metals, waste
concrete, waste asphalt, manufacturing off-cuts, and household goods;
Does not include an Automobile Wrecker.
Rehabilitative and
Corrective Facility
means a development to hold, confine or to provide regulated or temporary
residential facilities for minors or adults either awaiting trial on criminal charges or
as part of the disposition of criminal charges. Typical uses are a remand centre or
jail;
Religious & Education
Institutions
means development used by the public for assembly, instruction, education,
culture, religion, or enlightenment for a communal activity;
Residual Area
means all of that area of a lot not covered by structures, parking, loading and
access/egress to roadways;
Scientific Research
and Development
Facility/Laboratory
means the use of a building, or part of a building for scientific or technical work
including research and development, quality control, testing, teaching or analysis.
May include supporting uses including laboratory stores and any offices attached
or adjacent to the laboratory;
Does not include a Medical Research and Development Facility/Laboratory;
Screening
means the total or partial concealment of a building, structure or activity by a
fence, decorative rocks/boulders, wall, berm or soft landscaping;
Shore
means the land or area immediately adjacent and directly associated to a water-
body;
2 Definitions| 25
Zoning By-law 5045| March 14, 2022
Term
Definition
Shoreline
means the line along which a large body of water meets the land;
Short-Term Rental
Accommodation
means the business of providing temporary accommodation for compensation in a
dwelling unit where persons may rent a portion or all of the premises for thirty
(30) consecutive days or less;
Similar Use
means a development deemed by Council to be similar in nature to a Permitted or
Discretionary Use that is defined in the By-law. The proposed Use is not currently
provided for in a definition of this By-Law;
Site
means a single lot, or a contiguous group of lots usually considered a unit for
purposes of development;
Solid Waste
Processing Facility
means a disposal site employing an engineering method of disposing of solid
wastes in a manner that minimizes environmental hazards by spreading,
compacting to the smallest volume, and applying cover material over all exposed
waste;
Special Care Facility
means a building or structure that receives persons, primarily for the purpose of
providing temporary care, guidance, or other activities for a continuous period not
exceeding 24 hours;
Does not include a Day Care Facility, a Day Care Facility, Home or a Special Care
Residence;
Special Care
Residence
see "Dwelling" definition;
2 Definitions| 26
Zoning By-law 5045| March 14, 2022
Term
Definition
Storage Facility
means building or buildings used for the storage of goods or materials or
equipment. It may be an accessory use;
Storey
means that portion of
the building which is
situated between the
top of any floor and the
top of the floor next
above or below it, and if
there is no floor above
that portion then
between the top of such
floor and the ceiling
above it;
Street
means a public thoroughfare which affords the principal means of access to and
from the abutting lots;
Street Access
means the parcel frontage that provides primary street or lane access;
Structure
means anything located, constructed, or erected with a fixed location on or to
land, or attached to something having a fixed location on or to land, including land
that is underwater;
Subdivision
means the division of a parcel of land into one or more smaller parcels by means of
a plan or survey, and this shall include the consolidation of parcels into a single
parcel;
Temporary Use
means development or use characterized by a seasonal or short term nature of
which the duration shall not exceed the time period and conditions specified in an
approved Development Permit. The foundation or footing of any buildings or
structures shall be removed when the designated time period, activity, or use for
which the temporary structure has ceased;
Temporary Use does not include temporary car shelters, or shipping containers.
Transportation
Facility
means the use of land, buildings or structures for the purpose of storing or staging
goods, the servicing or repairing of large automobiles, or loading or unloading
transportation trucks;
2 Definitions| 27
Zoning By-law 5045| March 14, 2022
Term
Definition
May include an accessory truck driver lounge that serves as a rest stop with
washrooms, kitchenette, and shower facilities available to the users of the
property.
Does not include "food and beverage services".
Urban Agriculture,
Commercial
means commercial food and agriculture activities for profit as the primary use,
including greenhouses, fish processing/selling, and raising small livestock to create
products and/or services for sale;
May include:
a) commercial greenhouse gardens, or nurseries.
b) facilities for the keeping of small animals include hens, ducks, quail,
rabbits, goats and pigs as well as bees and insects.
This does not include a Cannabis Production & Distribution or Cannabis Retail
Sales.
No keeping of small animals as referenced in b) are allowed in the IG -Industrial
General Zone.
Urban Agriculture,
Community
means the growing and raising of food and agriculture. The use is for the primary
purpose of shared, personal, community food or health programs and/or local sale.
Product generated from Community Urban Agriculture activities may be sold
locally as a commercial product; and
a) May include a greenhouse or gardens;
b) May include the keeping of small animals including hens, ducks, quail, rabbits,
goats and pigs as well as bees and insects.
Use
when used as a noun, means the purpose for which any land, building, structure or
premises, or part or combination thereof, is arranged, designed or intended to be
used and "uses" shall have a corresponding meaning;
When used as a verb, or "to use" shall have a corresponding meaning.
Variance
means an alteration or change to a standard prescribed by this By-law that is
authorized by the Development Officer, Council or the Development Appeal Board;
Warehousing and
Distribution
means the storage and distribution of raw materials, processed or manufactured
goods, and the establishments providing for those services;
Water-Body
means any bay, or lake;
2 Definitions| 28
Zoning By-law 5045| March 14, 2022
Term
Definition
Watercourse
means any natural or manmade stream, river, creek, ditch, channel, canal, culvert,
drain, waterway, gully, ravine, or wash where water flows in a definite direction or
course, either continuously or intermittently, and which has a definite channel,
bed and banks and includes any area adjacent thereto subject to inundation by
reason of overflow or flood water;
Workers
Accommodation
means a facility constructed to provide housing for workers in the form of complete
dwelling units, typically for related business for an appropriate project, term or
seasonal purpose.
Yard
means a part of a lot upon or over which no building or structure other than a
boundary fence is erected unless otherwise herein permitted;
Yard Setback"
means a part of a lot upon or over which no building or structure other than a
boundary fence is erected unless otherwise herein permitted;
Yard, Front
means a yard extending across the full width of a lot and situated between the
front lot line and the nearest portion of the principal building;
2 Definitions| 29
Zoning By-law 5045| March 14, 2022
Term
Definition
Yard, Flanking Side
means the side yard parallel to a roadway;
Yard, Rear
means a yard extending across the full width of a lot and situated between the rear
lot line and the nearest portion of the principal building;
Yard, Side
means a yard extending from the front yard to the rear yard and situated between
the side lot lines and the nearest portion of the principal building;
Zone
means a zone of land and/or water established under this By-law;
2 Definitions| 30
Zoning By-law 5045| March 14, 2022
Table 2-2: Sign Definitions
Term
Definition
Awning
means a projection supported solely from the building, constructed with a fabric or
plastic skin stretched over a frame used for shelter from the weather;
Billboard
means a sign directing attention to a business, commodity, service or
entertainment conducted, sold, or offered elsewhere than upon the lot where the
sign is located;
Business Frontage
means any side of a lot or building which faces a road, lane, or parking area;
Canopy
means a projection outward from the face of a building constructed as an integral
part of the building, primarily designed to provide shelter from the weather;
Canopy sign
means a sign attached to the canopy;
Community sign
means a sign containing advertisement which provides direction to or information
on community or quasi-public facilities or short-term events;
Fascia sign
means a sign attached parallel to the face of a building which advertises the name,
logo and general details of the business located on-site;
Free Standing Sign
means a sign supported by one or more columns permanently attached to the
ground and which is not connected in any way to any building or other structure;
Free Standing
Portable Sign
means a sign on a standard or column fixed to its own self-contained base and
capable of being moved manually;
Marquee sign
means a solid projection extending horizontally from the front of a building
between the first and second stories thereof;
Projecting Sign
means a sign which is attached to a building or structure so that part of the sign
projects more than 30 centimeters from the business frontage of the building or
structure;
Roof Sign
means a sign that is erected on or above the roof or parapet wall of a building and
which is wholly or partially supported by the said building;
Sign
means any structure, device or light, used to identify advertise or attract attention
to any object, place, product, activity, person, institution, organization, firm, group,
commodity, profession, enterprise, industry or business which is intended to be
seen from off the premises or from a parking lot;
3 Roles and Responsibilities| 31
Zoning By-law 5045| March 14, 2022
3.
Roles and Responsibilities
3.1.
Development Officer
The office of the Development Officer is established in accordance with Section 52 of
the Act.
The Development Officer shall:
a)
receive and process all Development Permit applications;
b)
keep and maintain for inspection by the public during Office hours, a copy of
this By-law, as amended, and ensure that copies are available to the public at a
reasonable charge and maintain an up to date electronic version accessible on
the City's website;
c)
keep a register of all Development Permit applications, decisions thereon and
rationale;
d)
make decisions on all Development Permit applications and all applications
requesting a Variance pursuant to Sections 4.8.1 of this By-law;
e)
refer all requests to Council for decision for those Uses listed as Discretionary
Uses in the Zone, and all requests for a Variance pursuant to Section 4.8.2 of
this By-law;
f)
approve or refuse, pursuant to the Act and this By-law, all Development Permit
applications and state the terms and conditions as authorized by this By-law;
and
g)
post a notice for all Development Permit applications and state terms and
conditions as authorized by this By-law.
The Development Officer may:
a)
refer any application for a Development Permit to Council; and
b)
refer any other Development matter to Council for its review and/or decision.
3.2.
Council
Council shall:
a)
make decisions and recommend conditions on Discretionary Uses;
b)
make decisions and recommend conditions for a requested Variance pursuant
to Section 4.8.2 of this By-Law;
3 Roles and Responsibilities| 32
Zoning By-law 5045| March 14, 2022
c)
approve, add any specific provision(s), or deny all applications for an
amendment to this By-law ; and
d)
make a decision and recommend any terms and conditions on any other
planning, or Development matter referred to it by the Development Officer.
3.3.
Development Appeal Board
The Development Appeal Board is hereby established in accordance with
Section 30 (1) of the Act.
The Development Appeal Board shall:
a)
be composed of at least three persons and not more than seven, and one shall
be a member of Council, but shall not include employees of the City;
b)
elect one member as a chairperson;
c)
elect one member as a vice-chairperson;
d)
hold a hearing within 30 days after an appeal has been received;
e)
ensure that reasonable notice of the hearing is given to the appellant,
Landowners and lessees within 30 m of the boundary of land in respect of
which the appeal relates, and all persons who in the opinion of the
Development Appeal Board may be affected;
f)
consider each appeal having due regard to the circumstances and merits of the
case and to the purpose, scope and intent of the Community Plan, Area
Development Plan, and any Council approved plans or policies, and to this By-
law;
g)
where an appeal is heard, the Development Appeal Board shall provide the
persons referred to in Section 66 (2) of the Act the opportunity to be heard as
referenced in Section 68 of the Act.
h)
render its decision in writing with reasons and provide a copy of the decision to
the appellant and any other parties, as described in Section 69 (3) of the Act
within 60 calendar days after the date on which the hearing is concluded; and
i)
conduct a hearing pursuant to Section 5.1 of this By-law.
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The Development Appeal Board may:
a)
in determining an appeal, confirm, reverse or vary the decision appealed from
and may impose conditions or limitations that it considers proper and desirable
in the circumstances. Decisions of the Development Appeal Board must be in
compliance with this Zoning By-law, the Community Plan and any applicable
Area Development Plan; and
b)
appoint the City Clerk to act as Secretary for the Development Appeal Board.
3.4.
Secretary to the Development Appeal Board
The Secretary for the Development Appeal Board shall:
a)
ensure that reasonable notice of the hearing is given to the appellant,
Landowners and lessees within 30 m of the boundary of land in respect of
which the appeal relates, and all persons who in the opinion of the
Development Appeal Board may be affected;
b)
prepare and maintain a file of the minutes of the business transacted at all
meetings of the Development Appeal Board;
c)
issue the decision of the Development Appeal Board with reasons and provide
a copy of the decision to the appellant and any other parties, as described in
Section 69 (3) of the Act within 60 calendar days after the date on which the
hearing is concluded; and
d)
carry out administrative duties as the Development Appeal Board may specify.
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4.
Development Permit Process
4.1.
Development Permits and Development Considerations
Purpose and Requirement for Development Permits:
a)
Development Permits support the regulation and control of the land Use and
Development of land and Buildings in the City, in accordance with this By-law.
b)
applications for all Development Permits shall be made to the Development
Officer.
No person shall change the existing Use of any lands, Buildings or Structures
to a different category of land Use without determining that the intended Use
is in accordance with the regulations of this By-law.
A Development Permit for Change of Use is required:
a)
where there is a Change of Use from a Permitted Use to a Discretionary Use in
a Zone; or
b)
there is a change in intensity of Use such as:
i
low Density Residential Use to high Density Residential Use;
ii Residential Use to Commercial Use;
iii Commercial Use to Industrial Use;
iv Mixed Use to Institutional Use; or
v any change to the Principal uses.
Except as provided in Section 4.2 of this By-law, no person shall commence a
Development in the City unless:
a)
a Development Permit has first been issued pursuant to this By-law;
b)
the Development is in accordance with the terms and conditions of the
Development Permit; and
c)
the effective date of an approved Development Permit has been reached.
The installation of a Building or Structure on any Lot is prohibited if, in the
opinion of the Development Officer, satisfactory arrangements have not been
made by the applicant for the supply to the Building or Structure of services
for water, electricity, sewage and Street Access, or any of them including
payment of the costs of installing or constructing any such utility by the
applicant.
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No Use, Structure or obstruction shall be permitted within a road right-of-way
or other similar City property other than those related to pedestrian and
vehicular circulation or Municipal Services or utilities unless otherwise
permitted in this By-law or by agreement with the City.
In addition to meeting the requirements of this By-law, it is the responsibility
of an applicant to obtain all other approvals or licenses that may be required
by the City, Territorial and/or Federal departments or agencies.
4.2.
Development not requiring a Development Permit
A Development Permit is not required for the following Developments
provided that the proposed Development complies with the applicable
regulations of this By-law:
a)
maintenance or repair of any Building, providing that there is no increase in the
dimensions of the original Building or Structure. This does not include
replacement of the Building or Structure;
b)
pursuant to Section 7.6.1 of this By-law, the construction or maintenance of a
Fence not exceeding 0.9 m in Height in Front Yards, and not exceeding 2 m in
Height, in Side and Rear Yards;
c)
a Temporary Building not to be Used for residential purposes, such as a
construction trailer, where the sole purpose of the Building is incidental to the
construction or alteration of a permanent Building for which a Development
Permit has been issued under this By-law, or the Temporary Use of a Building
where such Use is normally associated with and incidental to the approved Use
of the Building;
d)
internal alteration to a residential Building as long as the alterations do not
result in an increase in the number of Dwelling Units or ;
e)
additions to an existing single-detached and Duplex Dwelling Unit as long as the
alterations do not result in an increase in the number of Dwelling Units,
provided that the Use is Permitted and complies with all applicable Height and
setback requirements;
f)
construction or installation of an Accessory Building that does not exceed 75 m2
in area subject to Section 7.13.1 of this By-law, provided the use is permitted
and complies with all applicable height and setback requirements;
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g)
maintenance and repair of public works, services or utilities carried out by, or
on behalf of, federal, territorial or municipal authorities;
h)
demolition of a Building or Structure, unless it is a heritage Building protected
under Heritage By-law No. 4540, as amended;
i)
Site Grading of not more than the average of 0.6 m where such works do not
affect the Lot and adjacent properties' drainage pattern. This does include
clearing, grubbing and stripping of the Lot intended for a proposed new
Development;
j)
construction of a Deck above ground level;
k)
construction of towers, flagpoles and other poles not exceeding 4.57 m in
Height from Grade in any residential Zone;
l)
installation of electrical power infrastructure pursuant to any franchise
agreement in place;
m)
installation of additional insulation on an existing Building;
n)
Home Based Businesses functioning exclusively from an internal Office and
does not have:
i
customers on-Site; or
ii business related vehicles.
o)
installation of temporary tents and other Structures for the purpose of cultural,
recreational, medical or similar public purposes held on land that the City has
tenure;
p)
gardens where the purpose is to grow fruits, vegetables, herbs and flowers in a
private Yard or community garden for personal or community consumption.
This does not include the installation or construction of an Accessory Building,
Sign or Fence that does not comply with regulations related to Accessory
Buildings or Structure in Section 7.13.1, Urban Agriculture in Section 7.13.2,
Fences in Section 7.6, and Signs in Section 7.9 of this By-Law; and
q)
a Permitted Development in the corresponding Zone that meets all of the
Development requirements of this By-law may be exempt from the
Development Permit processes at the discretion of the Development Officer.
4.3.
Legal Non-Conforming Uses, Structures and Lots
A non-conforming Use of land or of a Building may be continued but only
pursuant to Sections 26, 27, 28 and 29 of the Act.
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4.4.
Application for a Development Permit
An application for a Development Permit shall be made to the Development
Officer on the prescribed form or through City's online permitting portal and
shall be signed by the applicant or their authorized agent.
An application for Development Permit shall be made to the Development
Officer where it has been determined a change in land Use intensity, in
accordance with section 4.1.3 of this By-law, is proposed.
In addition to the completed application form or online submission, the
following plans, in metric, are required:
a)
Site plan showing legal description of the Site, Lot Lines with dimensions copied
from a legal plan of survey, applicable easement running on the Site, Parking
Spaces, Lot Access, Yard and interior setbacks for all existing and proposed
Building or Structure, fuel storage, outside water and sewage tanks;
b)
floor plans, and elevation drawings of the proposed Building including a
description of the exterior finishing materials and colours and building Height;
c)
Grading plan showing drainage gradient, existing and proposed finished Grades
at all major corners of the Building and Lot Corners, and periodic Grades
around the Site;
d)
Landscaping plan showing existing and proposed Landscaping in accordance
with Section 7.5 of this By-law;
e)
all required Development Permit application drawing submissions shall be
drawn using a computer-aided design, except if Development is a residential
Accessory Building; and,
f)
written confirmation that the proposed Development complies with any
easement, covenant, agreement or contract affecting the Site.
The Development Officer may also require any of the following:
a)
drawings which indicate, to the satisfaction of the Development Officer, how
the form, mass and character of the proposed Development will relate to
neighboring properties or any applicable design guidelines;
b)
drawings which indicate, to the satisfaction of the Development Officer, how
the design, materials and finish of the Principal Façade of the proposed
Development will relate to neighboring properties;
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c)
a level one environmental Site assessment, a level two environmental Site
assessment, or both, prepared by a qualified professional to determine
potential contamination and mitigation;
d)
a traffic Impact analysis prepared by a qualified professional which shall
address, but not be limited to, Impact on adjacent public roadways, pedestrian
circulation on and off-Site, vehicular movements circulation on and off-Site,
turning radius diagrams for large truck movements on and off-Site, and any
other similar information required by the Development Officer;
e)
written confirmation from the power utility company that services can be
provided to the proposed Development in accordance with the Canadian
Electrical Code;
f)
provision for the supply of water, sewer and Street Access, including payment
or provision of security of the costs for installing such utility;
g)
a Site plan indicating existing contours and natural features and specifying any
proposed modification of the contours and natural features;
h)
a report showing the Impact of sound, smoke or airborne emissions; and
i)
a report showing the effect of wind and sun shadow produced by the proposed
Development.
No Development Permit for infilling of a Water-Body shall be issued unless the
application for a Development Permit is for an approved land Use. Application
requesting permission to fill a Water-Body without an identified end Use will
not be accepted by the City.
4.5.
Development Permit Process
The Development Officer may refer an Application for a Development Permit
to any City department, external agency or adjacent Landowner for comment
and advice.
The Development Officer shall notify any adjacent Landowners that they
deem may be impacted by any proposed Development.
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Where an application for Development is a Discretionary Use and/or for a
Variance subject to approval of Council, the Development Officer shall notify
Landowners and lessees within 30 m, or to a greater circulation area specified
by the Development Officer, of the boundary of the land. The notice shall
indicate, in writing, the location and nature of the Development proposal, and
shall include copies of relevant drawings and a location and date to submit
comments.
The Development Officer will have due regard to all comments received when
making a decision on the application.
After 15 calendar days from the date of referral to any City department or
external agency, the Development Officer may deal with the application
whether or not the responding comments or recommendations have been
received.
4.6.
Decision Process and Conditions for Development
In making a decision on any application under this By-law there must be
consideration of the Impacts of development.
In making a decision on an application for a Development Permit for a
Permitted Use, the Development Officer:
a)
shall approve, with or without conditions, the application if the proposed
Development conforms with this By-law; or
b)
shall refuse the application if the proposed Development does not conform to
this By-law, unless a Variance has been authorized pursuant to Sections 4.8 to
4.10 of this By-law.
In making a decision for a Discretionary Use, Council may approve, refuse or
defer with or without conditions.
In reviewing a request for a Discretionary Use, Council shall have regard to:
a)
the circumstances and merits of the Discretionary Use, including, but not
limited to:
i
the Impact on properties in the vicinity of such factors as airborne
emissions, odors, smoke, traffic and noise, sun shadow and wind
effects;
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ii the appearance and the nature of the Use of the proposed
Development, and in particular whether it is compatible with and
complementary to the surrounding properties, and
iii the treatment provided to Lot considerations including Landscaping,
Screening, parking and loading, Open Spaces, lighting and Signs;
b)
The purpose and intent of the Community Plan and any applicable Area
Development Plan adopted by Council; and
c)
The purpose and intent of any applicable non-statutory plan or policy adopted
by Council.
Notwithstanding any regulations or requirements of this By-law, Council may
establish a more stringent standard for a Discretionary Use when Council
deems it necessary to do so.
If Council approves a Discretionary Use, the Development Officer shall then
approve the Development Permit based on the applicable regulations of this
By-law with or without conditions.
Subject to this By-law, the Act and any statutory plan approved pursuant to
the Act, Council may recommend to the Development Officer conditions it
considers appropriate to a Development Permit for a Discretionary Use,
including but not limited to the following:
a)
noise attenuation;
b)
smoke and odor attenuation;
c)
special parking provisions;
d)
location, appearance and character of Building;
e)
retention of natural terrain and vegetation features; and
f)
ensuring that the proposed Development is compatible with surrounding land
Uses.
A Development Permit may be issued on a temporary basis for a period
specified by the Development Officer or Council pursuant to Section 7.10 of
this By-law.
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For the purposes of Section 4.6 of this By-law, if a proposed Use of land or
Building is not listed as a Permitted or Discretionary Use in this By-law,
Council may determine that such a Use is similar in character and purpose to a
Use Permitted in that Zone and may allow the Development as a Discretionary
Use.
An application for a Development Permit shall, at the option of the applicant,
be deemed to be refused when the Development Officer does not make a
decision within 40 days after receipt of the application in its complete and
final form, unless consent to extend the 40 day period is provided by the
applicant.
4.7.
Development Permit Conditions and Development Agreements
As a condition of Development Permit approval, the Development Officer may
require that the applicant enter into a Development Agreement with the City,
which, in addition to other matters, may require the applicant:
a)
to construct or pay for the construction of any or all of:
i
a road required to give Access to the Development,
ii a pedestrian walkway system to serve the Development or to give
Access to an adjacent Development,
iii required water, sewer and power supply,
iv required off-Street parking and loading facilities,
v required Landscaping of the Site and any adjoining Site, or
vi required Municipal Services easements to the Site;
b)
to repair or reinstate, to original condition, any Street furniture, curbing,
sidewalk, boulevard, Landscaping or trees which may be damaged, destroyed
or otherwise harmed by Development or building operations on a Lot;
c)
to provide an irrevocable letter of credit, or other form of security acceptable
to the Development Officer, with a clause specifying automatic term renewal or
other form of security acceptable to the Development Officer, to guarantee
performance of the conditions of a Development Permit or Development
Agreement; and
d)
to enter into an agreement requiring Subdivision or consolidation of Lots.
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The Mayor and the City Manager of the Municipal Corporation of the City, or
lawful deputy of either of them, are authorized in the name and on behalf of
the City to execute all such Development Agreements, and other documents
as may be necessary to give effect to this By-law and to affix thereto the
corporate seal of the Municipal Corporation of the City as the act and deed
thereof, subscribing their names in attestation of such execution.
To ensure compliance with a Development Agreement, the City may register a
Development Agreement as a caveat against the Lot (Site) being developed,
which shall be discharged upon the terms of the agreement being met.
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4.8.
Variance Authority
Upon application, the Development Officer may allow a Variance in regard to:
Front, Side and Rear Yard Setbacks, Landscaping, parking, Lot Width, Building
Height, Lot coverage, and Lot area pursuant to Section 4.9 of this By-law and
as long as it does not relate to Site Density.
Upon application, Council may consider allowing a Variance for Site Density as
it relates to: Lot coverage, Lot area, and Building Height pursuant to Section
4.9 of this By-law.
4.9.
Evaluation Criteria for a Variance
The following evaluation criteria will be used by the Development Officer or
Council to determine if a Variance may be granted:
a)
the proposed Variance would not result in a development that will:
i
unduly interfere with the amenities of the neighbourhood; or,
ii materially interfere with or affect the Use, enjoyment or value of
neighbouring parcels of land.
b)
the subject Site has irregular Lot Lines or is a size or shape that presents
challenges to development;
c)
the subject Site has Physical Limitations relating to terrain, topography or
Grade that may create difficulties in meeting the zoning regulations as
prescribed in this By-law;
d)
the subject Site has natural features such as rock outcrops or vegetation that
may create difficulties in meeting the zoning regulations as prescribed in this
By-law;
e)
an error has occurred in the siting of a Structure during construction;
f)
the proposed Development conforms to the Uses prescribed in this By-law, any
applicable Area Development Plan, and the objectives and policies of the
Community Plan; or
g)
the proposed Variance does not infringe on Airport zoning regulations.
4.10.
Fees
All fees to be charged under this By-law shall be established and set-out in the
established fee schedule in the corresponding By-law. The City is not bound to
consider an application unless it is accompanied by an application fee.
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4.11.
Notice of Decisions
A decision of the Development Officer on an application for a Development
Permit, shall be in writing and sent to the applicant.
If an application for a Development Permit is refused, the reason for the
refusal shall be stated in the decision.
A notice of the decision will include a list of public comments received and
how they were considered in the decision process.
An official of the City shall conspicuously post a notice of decision on the
prescribed form, of an approved application for a Development Permit, on the
Site for which the application has been approved.
A notice of any decision on an application for a Development Permit may be
published on the City's website, stating the location of the Site for which the
application has been made and the Use approved for the Lot.
If a decision is issued for a Permitted Use or Discretionary Use for which a
Variance has been granted, the Development Officer shall on or before the
date a notice of decision appears on the City's website, send notice of the
decision by regular mail to all adjacent Property/Landowners or lessees of the
land wholly or partially located within a distance of 30m, or greater at the
discretion of the Development Officer, stating the nature of the Variance and
the Development, the legal description and/or municipal address.
4.12.
Effective Date and Validity of a Development Permit
A Development Permit issued does not come into effect until the day after the
14 calendar day appeal period is complete pursuant to Section 61 (4) of the
Act.
If the Development authorized by an approved Development Permit is not
commenced within 12 months from the date of its issue, or the applicant has
not obtained an approved Building Permit within 12 months from the date of
its issue, the Development Permit shall be deemed to be no longer in effect,
unless the applicant advises the Development Officer that an extension is
required. In such a case, the Development Officer may grant an extension of
up to six months.
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If a Development Permit has been refused, either by the Development Officer,
Council or the Development Appeal Board, the Development Officer will not
accept another application for a Development Permit for the same Site, for
the same or Similar Use, by the same or any other applicant, during the period
of six months after the date of refusal, unless the applicant can demonstrate,
to the satisfaction of the Development Officer, that the new application
addresses the reasons for the refusal.
4.13.
Failure to Complete Development
Once a Development is initiated in relationship to an approved Development
Permit, the Development Permit remains valid until the work is completed.
However if a Development is not completed to a standard acceptable to the
Development Officer within two (2) years of the issuance of the Development
Permit, or any extension thereof, the Development Permit ceases to be
effective and the Development Officer may direct that the Site be returned to
its original condition or a state acceptable to the Development Officer.
4.14.
Amending a Development Permit
An effective Development Permit may be amended by the Development
Officer provided that:
a)
the request complies with all applicable regulations of this By-law;
b)
the amendment is directly related to the Uses and conditions of the effective
Development Permit;
c)
there is no new Variance required; and
d)
there is no change in Use.
A request to amend an effective Development Permit must be in writing to
the Development Officer.
All changes that do not meet the criteria set out in Section 4.15.1 above
require a new Development Permit, pursuant to Section 4.1 of this By-law.
All amendments to effective Development Permits must be provided in
writing and sent to the applicant.
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Should an applicant apply to amend an existing Development Permit, the
Development Officer may refer the request for the amendment(s) to be
approved by Council.
4.15.
Suspending or Revoking of a Development Permit
If Development is not being carried out or completed as approved by a
Development Permit or other approval issued by the Development Officer,
then the Development Officer may suspend or revoke the Development
Permit by providing a written order, in accordance with Section 57 (1) of the
Act.
The Development Officer shall provide a written order, either served
personally or sent by registered mail to the Landowner and/or occupant of
the Site affected and to any contractor engaged in the work, stating that the
Development Permit has been suspended or revoked.
A Development Permit issued in error or on the basis of incorrect information
contained in the application may be deemed invalid by the Development
Officer who may suspend or revoke the Development Permit by providing
written notice in accordance with Section 4.16.2 of this By-law.
Written order under Section 4.16.2 shall:
a)
be provided to the Landowner and/or occupant of the Site affected and to any
contractor engaged in the work;
b)
state the grounds on which the Development Permit was suspended or
revoked;
c)
require that any Development or work being undertaken or any unauthorized
Use being made of land or of a Structure shall be discontinued on issuance of
the notice and shall not resume until a Development Permit for that purpose
has been issued or reinstated;
d)
state the conditions that must be met in order for a suspended Development
Permit to be reinstated; and
e)
advise the right of an appeal to the Development Appeal Board pursuant to
Section 63 (1) of the Act.
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5.
Appeals and Amendments
5.1.
Development Appeal Process
A person whose application for a Development Permit is refused, or who is
approved for a Development Permit subject to a condition that they consider
to be unreasonable, may appeal the refusal or the condition to the
Development Appeal Board pursuant to Section 61 of the Act by serving
written notice of appeal to the Secretary of the Development of the Appeal
Board within 14 days after the day the application for the Development
Permit is approved or refused.
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 pursuant to Section 62 of the Act, by serving written notice of appeal to
the Secretary of the Development Appeal Board within 14 days after the day
the application for the Development Permit is approved.
Filing for an appeal must include the information listed in Section 65 (1) of the
Act.
Where an appeal is made, a Development Permit shall not come into effect
until a decision by the Development Appeal Board has been made to either
confirm, reverse or vary the decision of the Development Officer pursuant to
Section 69 of the Act.
An appeal must be heard by a quorum of the Development Appeal Board, and
a quorum shall consist of at least two members and the Chairperson or a Vice-
Chairperson.
Hearing procedures are as follows:
a)
the appellant and any other interested party shall, not later than ten days
before the day fixed for the hearing of the appeal, file with the Secretary of the
Development Appeal Board all maps, plans, drawings and written material that
they intend to submit to the Development Appeal Board or use at the hearing;
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b)
the Development Officer or Council shall, if required by the Development
Appeal Board, transmit to the Secretary of the Development Appeal Board,
before the day fixed for the hearing of the appeal, the original or true copies of
maps, plans, drawings and written material in its possession relating to the
subject matter of the appeal;
c)
all maps, plans, drawings and written material, or copies thereof, filed or
transmitted pursuant to Section 5.1 of this By-law shall, unless otherwise
ordered by the Development Appeal Board, be retained by the Development
Appeal Board and be part of its permanent records; but, pending the hearing of
the appeal, all the material shall be made available for the inspection of any
interested person;
d)
where a member of the Development Appeal Board has a conflict of interest in
the matter before the Development Appeal Board, that member is not entitled
to participate, deliberate, or vote thereon;
e)
in determining the decision of an appeal, the Development Appeal Board shall
not:
i
approve Development that is not consistent with the regulations in the
Zoning By-law;
ii approve Development in a manner that is incompatible with the
Community Plan;
f)
a decision concurred with by a majority of the Development Appeal Board
present at the hearing is the decision of the Development Appeal Board;
g)
the decision of the Development Appeal Board shall be based on the facts and
merits of the case and shall be in the form of a written decision. The decision
shall include a summary of all representations made at the hearing and setting
forth the reasons for the decision. Decisions may be signed by the chair, acting
chair or vice-chair;
h)
the Secretary shall issue, within 60 days of the conclusion of the hearing, the
decision to all parties of the hearing; and
i)
a decision of the Development Appeal Board is final and binding on all parties
and there is no right to appeal from the decision of the Development Appeal
Board, pursuant to Section 70 of the Act.
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5.2.
By-law Amendments
Any person applying to have this By-law amended shall apply in writing on the
prescribed form.
The Development Officer may request additional information or studies to
support or justify the proposed amendment. If a peer review of technical
studies is required, the applicant will be responsible for any additional costs
related to the third party peer review.
Notwithstanding anything contained in Section 5.2 of this By-law, a proposed
amendment which has been rejected by Council within the previous 12
months shall not be reconsidered unless Council otherwise directs by
resolution.
A person making an application to the Development Officer for an
amendment to this By-law shall pay the City an application fee.
The City is not bound to consider an application unless an application fee
accompanies it.
An amendment to this By-law shall be consistent with any existing or
proposed Community Plan, Area Development Plan, and any Council
approved plans or policies that affects or will affect the land.
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6.
Compliance
6.1.
Contraventions and Enforcement Order
Where a Development or Use of land, Building or Structure is not in
accordance with this By-law, a Development Officer may, by written order
either served personally or sent by registered mail to the Landowner or
person alleged to be responsible for the contravention, require the removal,
demolition or alteration of the Structure, the filling in of the excavation, the
restoration of the contours and natural features of the Lot, or the cessation of
the work or the Use to which the land, Building or Structure is being put, as
the case may be.
The order referred to in Section 6.1.1 of this By-law, shall be in keeping with
Section 57 (2) of the Act.
Where the Landowner or person alleged to be responsible for the
contravention, to whom the order is given fails to comply with the
requirements of the order, the City may apply to the Supreme Court for an
order to compel them to comply with the original order pursuant to Section
58 of the Act.
Any expenses incurred as a result of the order of the Supreme Court, as
referenced in Section 6.1.3 of this By-law, may be recovered pursuant to
Section 60 of the Act.
6.2.
Right of Entry
For the purpose of entering and inspecting any land, Building or Structure, as
described in Section 54 of the Act, the Development Officer and any other
authorized officer of the City may enter any land, Building or Structure
without a warrant or notice. This does not apply inside a Dwelling Unit(s).
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6.3.
Penalties
Any person who:
a)
undertakes or allows Development without a Development Permit or other
approval from the Development Officer;
b)
fails to comply with conditions of a Development Permit;
c)
fails to comply with any notice or order issued under this By-law; or
d)
fails to comply with any decision, of the Development Appeal Board,
in accordance with this By-law, is guilty of an offence and is liable on summary
conviction to a fine.
A person who contravenes Section 6.3.1 of this By-law, and is liable on
summary of conviction
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 offense
continues; and
b)
in the case of an individual,
i
to a fine not exceeding $5,000 and to a further fine not exceeding
$1,000 each day or part of a day during which the offence continues, or
ii to imprisonment for a term not exceeding six months in default of
payment of the fine.
A duly appointed officer of the City may issue a Summary Offence Ticket
Information in the form prescribed by the Summary Conviction Procedures Act
and Regulations NWT Reg (NU) 014-92, to any person who violates any
provision of this By-law and such person may, in lieu of prosecution, pay the
City the voluntary penalty set out in Section 6.3.2 of this By-law for the
offence, prior to the court date specified on the ticket.
Any violation of the By-law is a continuing offence and separate offence for
each day the offence continues, and the penalties provided for in this By-law
shall apply for each day the offence continues.
Notwithstanding Section 6 of this By-law, the City may choose at any time to
exercise its rights to enforce any provision of this By-law with a court order
pursuant to Section 58 of the Act, or may rely upon any other remedies
available to it at law to compel compliance with this By-law.
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The conviction of a person under Section 6.3 of this By-law does not operate
as a bar to further prosecution for an offence in respect of the same matter
committed or continued by the person after the conviction.
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7.
General Development Regulations Applicable to all Zones
7.1.
Site Planning Considerations
Upon receipt of a Development Permit application, the Development Officer shall
review the Site plan in consideration of the following:
Proposed Developments provide pedestrian Access points to public roadways,
public transit and any adjoining trails and Open Space areas.
Proposed Development shall incorporate proper Lot surface drainage so that
the removal of surface waters will not adversely affect adjacent properties or
the public storm drainage system, to the satisfaction of the Development
Officer.
Surface water in all paved areas shall be collected at intervals so that it will
not obstruct the flow of vehicular or pedestrian traffic and will not create
standing water in the paved areas or walkways.
Approved surface drainage shall be maintained for the life of the
Development.
Outdoor lighting is sufficient to provide for safety, security, display or
attraction for any Development and shall be arranged so that no direct rays of
light are projected to adjacent properties or interfere with the effectiveness
of any traffic control device.
Lot shall be accessible by fire, police or other emergency personnel and
equipment.
Lot shall be accessible for the provision of Municipal Services.
Building orientation to develop wind blocks and improve the pedestrian
experience.
Development adequately responds to winter conditions and does not Impact
snow clearing or storage capabilities.
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Any proposed Development, Subdivision, or lease of any Lot on, adjacent, or
near a Water-Body shall be designed and constructed so as to prevent any
discharge or drainage of any contaminant, excrement, refuse, toxic or
deleterious substance into the Water-Body. For the purposes of this clause
the definitions of the terms "contaminant", "discharge", and "substance" shall
be the same as the definitions in the Environmental Protection Act, R.S.N.W.T.
1988. C.E-7 as amended and requirements of the Fisheries Act, R.S.C., 1985,
c.F-14. It is the responsibility of the applicant to obtain all licences or permits
required by the City, Federal or Territorial governments or agencies.
Redevelopment of Brownfield Sites may be considered where an
environmental assessment has been conducted by a qualified professional
and any recommended remediation is completed.
Development practices that minimize greenhouse gas emissions and
contribute towards more sustainable, healthier and economically strong
community. This may include prohibiting the Use of land or constructing
Buildings and Structures within areas that are known hazard lands and areas
prone to flooding. Prohibiting Development in natural areas and hazard lands
promotes ecological services that address Climate Change.
7.2.
Cultural Protection
The City is located within the Chief Drygeese territory. The Yellowknives Dene First
Nation and other Indigenous groups historically used the landscape for cultural and
traditional activities. There may be undocumented significant traditional/historical
burial sites, historical settlement areas, or other archeological resources within the City
boundary.
In the wake of the destructive legacies of colonization and its Impact on Indigenous
peoples, there is a growing awareness of the importance of honouring, respecting,
coexisting, and relationship building with Indigenous peoples.
To honour this commitment to recognition and reconciliation, the following
considerations will be given to land and Development within the City's municipal
boundaries:
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The Yellowknives Dene First Nation will be consulted on any change in zoning
from GM - Growth Management or SMR - Special Management Reserve to
any other Zone.
An archeological assessment may be required as a condition to a
Development Permit if the Yellowknives Dene First Nation, or other applicable
Indigenous organizations, have indicated there is potential that a
traditional/historical burial site, historical settlement area, or other
archeological resources exists within the proposed Development Site.
No person shall excavate, alter or otherwise disturb a traditional/historical
burial site, historical settlement area, or other archeological resources in any
Zone, without prior consent from:
i
the regulatory authority for archeological sites in the Northwest
Territories; or
ii notification and confirmation from the Yellowknives Dene First Nation,
or other applicable Indigenous organizations, that there are no
concerns with the Development.
7.3.
Grade
The proposed finished Grade shall be designed following the Subdivision's
general Grading plan.
In the absence of a Subdivision Grading plan, the proposed finish Grade shall,
to the extent practical, retain the natural contour of the land, minimize the
Use of retaining walls, and ensure positive drainage to appropriate receiving
Watercourses or municipal storm water systems.
The proposed Grade for storm water Grading must follow the design
standards in the City's Development Standards.
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7.4.
Vehicular Access and On-Site Traffic
Vehicular Access to and from public roadways must adhere to the following
criteria:
a)
at Street intersections, driveways shall be setback from the Lot boundaries,
which form the intersection, a distance which is considered appropriate by the
Development Officer to ensure the safe and efficient vehicle movement;
b)
driveways shall be separated by a distance which is considered appropriate by
the Development Officer to ensure the safe and efficient movement of existing
or planned traffic volumes;
c)
driveway Access to Streets and lanes must demonstrate, to the satisfaction of
the Development officer, the safe and efficient movement of existing or
planned traffic; and
d)
driveways and on-Site parking shall have positive surface drainage to the
roadway and the Grade of drive-way and on-Site parking shall not exceed 8%.
7.5.
General Landscaping Regulations
Landscaped areas shall be provided pursuant with the Zone regulations set
out in Section 7.5.3 of this By-law, and following the City's Development
Standards. Developments shall consider the following general regulations:
a)
any part of a Lot which is not occupied by existing natural areas, Buildings,
Structures, easements, Parking Areas, Loading Spaces, driveways, excavations
or permitted Outdoor Storage areas shall be maintained as Landscaped area;
b)
all Landscaped areas shall be designed to facilitate effective surface drainage;
c)
A minimum of one (1) tree and two (2) shrubs or a combination thereof for
every 25 m2 of the Site. Trees and shrubs can be clustered together to improve
survivability;
d)
planted vegetation shall be capable of healthy growth in Yellowknife, grown
from a northern stock, and with certification that the plants are grown north of
54 degrees latitude. The Development Officer may also require compliance of
planted vegetation with the Canadian Standards for Nursery Stock;
e)
applicants are encouraged to incorporate natural terrain, and topographic
features into the design of Site plans and Building orientation;
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f)
the quality and extent of the Landscaping established on a Lot at time of
Development shall be maintained on the Lot for the lifespan of the
Development;
g)
except as otherwise specifically provided herein, no part of any required Front
Yard or exterior side Yard shall be Used for any purpose other than Landscaped
area or Urban Agriculture;
h)
Decks may be considered as part of the required Landscape area, but shall not
exceed 25% of the required Landscape area;
i)
where a Landscaped area of any kind, including a planting strip, is required
adjacent to any Lot Line or elsewhere on a Lot, nothing in this By-law shall
apply to prevent the area from being developed for pedestrian walkways or
permitted driveways;
j)
no part of any driveway, Parking Area, Loading Space, roof-top terrace, balcony
or space enclosed within a Building shall be considered part of the Landscaped
area on a Lot; and
k)
where existing trees with a minimum of 2.5 m in height are retained on-Site
they may be Used to count double towards meeting the tree requirements of
Section 7.5 of this By-law.
Screening in Non-Residential Zones:
a)
Developments abutting a road or a laneway, or adjacent to a residential Zone
shall provide a Landscape screen 2 m wide; and
b)
Screening with a minimum Height 2 m is to be installed where commercial
Development will abut residential Development.
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Landscaping Regulations
Table 7-1: Landscaping Regulations for Residential amended by By-law No. 5095 October 28, 2024
Table 7-1: Landscaping Regulations for Residential
Zones
(Residential)
Landscaped Area (Minimum)
R1
i.
A minimum 100% of the minimum Front Yard area shall be Landscaped.
ii.
Required Landscape areas must be covered with either seed/sod, mulch
beds, paving stones, walkways, Amenity Spaces, raised planters or other
Landscaping materials.
iii.
Retention and preservation of existing natural vegetation and bedrock is
encouraged.
R2
i.
A minimum 100% of the Residual Area shall be Landscaped.
ii.
Required Landscape areas must be covered with either seed/sod, mulch
beds, paving stones, walkways, Amenity Spaces, raised planters or other
Landscaping materials.
iii.
Retention and preservation of existing natural vegetation and bedrock is
encouraged.
RC
i.
A minimum 100% of the Residual Area shall be Landscaped.
ii.
Required Landscape areas must be covered with either seed/sod, mulch
beds, paving stones, walkways, Amenity Spaces, raised planters or other
Landscaping materials.
iii.
Retention and preservation of existing natural vegetation and bedrock is
encouraged.
RE
i.
A minimum of 100% of the Front Yard shall be Landscaped.
ii.
Required Landscape areas must be covered with either natural rock
outcrop, seed/sod, mulch beds, paving stones, walkways, Amenity
Spaces, raised planters or another Landscaping materials.
iii.
Any portion of a Lot not occupied by Buildings or parking and vehicular
circulation areas that is maintained in its natural state will be considered
contributing to the Landscaping requirements.
RI/RI-1
i.
100% of the minimum Front Yard shall be landscaped.
ii.
A minimum 2 m-wide landscape buffer is required when Multi-Unit or
Townhouse Dwellings are adjacent to Single Detached Dwellings.
iii.
Required Landscape areas must be covered with either natural rock
outcrop, natural vegetation, seed/sod, mulch beds, paving stones,
walkways, Amenity Spaces, raised planters or another Landscaping
materials.
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Zones
(Residential)
Landscaped Area (Minimum)
iv.
Any portion of a Lot not occupied by Buildings or parking and vehicular
circulation areas that is maintained in its natural state will be considered
contributing to the Landscaping requirements.
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Table 7-2: Landscaping Regulations for Non-Residential
Zones (Non-
Residential)
Landscaped Area (Minimum)
CS- Commercial
Service
i.
A minimum of 40% of the minimum front Yard area shall be Landscaped.
ii.
Any portion of a Lot not occupied by Buildings or parking and vehicular
circulation areas that is maintained in its natural state will be considered
contributing to the Landscaping requirements.
iii.
Where the required Landscaping is not viable on the proposed Site, the
placement of potted plants, public art, specialty lighting or other items
that can be located facing public roadways may considered.
DT - Downtown
i.
A minimum of 10% of the Residual Area shall be Landscaped.
ii.
Where the required Landscaping is not viable on the proposed Site, the
placement of potted plants public art, specialty lighting or or other items
that can be located facing public roadways may considered.
OM- Old Town
Mixed Use
i.
A minimum of 40% of the minimum Front Yard area shall be Landscaped.
ii.
Any portion of a Lot not occupied by Buildings or parking and vehicular
circulation areas that is maintained in its natural state will be considered
contributing to the Landscaping requirements.
iii.
Where the required Landscaping is not viable on the proposed Site, the
placement of potted plants, public art, specialty lighting or other items
that can be located facing public roadways may considered.
IG -Industrial,
General
i.
A minimum of 40% of the minimum Front Yard Setback shall be
Landscaped.
ii.
Retention and preservation of existing natural vegetation and bedrock as
the primary method of Landscape buffering is encouraged.
iii.
Any natural vegetation or bedrock contained and retained within the
minimum front side or Rear Yard will be considered as contributing to the
landscaping requirements.
iv.
Alternative methods of landscape that achieve similar Site enhancement,
may be considered.
KL - Kam Lake
i.
A minimum of 40% of the minimum Front Yard Setback shall be
Landscaped.
ii.
Retention and preservation of existing natural vegetation and bedrock as
the primary method of Landscape buffering is encouraged.
iii.
Any natural vegetation or bedrock contained within the minimum front
side or Rear Yard Setbacks is considered Landscaping.
iv.
Alternative methods of Landscaping, that achieve similar Site
enhancement, may be considered.
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Zones (Non-
Residential)
Landscaped Area (Minimum)
KLS 1 - Kam Lake
South One
i.
A minimum of 40% of the minimum Front Yard Setback shall be
Landscaped.
ii.
Any natural vegetation or bedrock contained and retained within the
minimum front side or Rear Yard Setbacks will be considered as
contributing to the Landscaping requirements.
iii.
Alternative methods of Landscaping, that achieve similar Site
enhancement, may be considered.
KLS 2 - Kam Lake
South Two
i.
A minimum of 40% of the minimum Front Yard Setback shall be
Landscaped and any Side Yard area adjacent to a public roadway.
ii.
Any natural vegetation or bedrock contained and retained within the
minimum front side or Rear Yard Setbacks will be considered as
contributing to the Landscaping requirements.
iii.
Alternative methods of Landscaping, that achieve similar Site
enhancement, may be considered.
PS- Public Service
i.
100% of the Residual Area shall be Landscaped with surface coverage
which could be grass/sod, mulch or other natural materials.
All other Zones
i.
A minimum of 10%, or more of the Lot, shall be Landscaped.
Landscape Plan Requirements
a)
Where a Landscape area less than 500 m2 is required the applicant may
incorporate Landscaping on the Site plan, required pursuant to Section 7.5.3 of
this By-law.
b)
Where a Landscape area is 500 m2 or greater is required, a detailed Landscape
plan prepared by a landscape architect or landscape technologist shall be
submitted with the application for Development in compliance with the
Landscaping regulations specified in this By-law, which shall include the lands
proposed for Development as well as municipal reserves.
c)
The detailed Landscape plan (or Site plan) shall be prepared in accordance with
the City's Development Standards.
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Security for Landscaping
a)
Where a Landscape area is 500 m2 or greater in area, in addition to
requirements in Section 7.5.4 (b) of this By-law, the Development Officer shall
require submission of a security to ensure completion of Landscaping.
b)
Security for Landscaping will be required, in a form satisfactory to the
Development Officer, in an amount equal to 100% of the estimated cost of the
required Landscaping on the Lot as estimated by an appropriate trade
professional. Security for Landscaping will be released once an inspection of the
Lot demonstrates that the Landscaping has been completed in accordance with
the approved plan, and is well maintained and is in a healthy condition two
growing seasons after the completion of the Landscaping. This is in addition to
any other deposits required, including Hard Surfacing.
Completion of Landscaping
a)
In the event that seasonal conditions prohibit the completion of Landscaping,
the applicant shall be required to complete all Landscaping by September 30 of
the following growing season.
7.6.
Fences
In residential Zones the following regulations apply:
a)
maximum Height of a Fence measured from Grade, on whichever side of the
Fence the ground level is higher, shall be:
i
2 m for that portion of the Fence which does not extend beyond the
front portion of the Principal Building on the Lot;
ii 0.9 m for that portion of the Fence which extends beyond the front
portion of the Principal Building on the Lots; and
iii In the case of Corner Lots, 0.75 m within the triangular area 7.5 m back
of the intersecting front Lot Lines, regardless of whether a corner cut
has been taken.
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In non- residential Zones the following regulations apply:
a)
2 m for that portion of the Fence which does not extend beyond the front
portion of the Principal Building on the Lot;
b)
the Development Officer may approve, upon application for a Development
Permit, a higher Fence, or a Fence with barbed wire or other security features
for public safety, security, Screening or buffering reasons; and
c)
where terrain contours vary significantly over the length of a Fence, the
Development Officer may permit sections of a Fence to exceed the maximum
allowable Height, but the Height of the Fence shall follow the general contour
of the Lot along the length of the Fence.
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7.7.
Sight Visibility Triangle
Vision at an intersection between 0.75 m and 3 m above the Grade of a Street
or lane shall not be obstructed with Fences or Landscaping within the area
described as the sight visibility triangle. The sight visibility triangle is a
triangular area formed on a Corner Lot by the two Lot Lines and a straight line
which intersects them at 7.5 m from the corner where they meet as
illustrated in the diagram.
No Sign, other than a traffic Sign, shall be located within a sight visibility
triangle as described in Section 7.7.1 of this By-law, unless otherwise
approved by the Development Officer.
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7.8.
Parking
General Regulations
a)
Application of Parking Space requirements:
i
Off-Street Parking Spaces must be provided for each Use based on the
parking standard areas outlined in Section 7.8.4 (b) of this By-law.
b)
Emergency and service vehicle Access shall be provided.
c)
Where this By-law requires the provision of parking facilities, no lands shall be
Used and no Building shall be Used or constructed in any Zone unless there are
provided and maintained facilities for parking in accordance with the following
regulations and parking standard areas, unless otherwise specifically provided
for in this By-law.
d)
Every off-Street Parking Space provided or required in any commercial or
residential Zone and the corresponding Access, including the whole area
contained within the municipal land required for access, shall be hard-surfaced
if the number of Parking Spaces exceeds two and if the corresponding Access is
from a Street or land which is hard-surfaced.
e)
There are two types of Parking Spaces, "Type A" which are accessible Parking
Spaces and "Type B" which are standard Parking Spaces. Reference the City's
Development Standards for Parking Space dimensions.
Interpretation
a)
Unless otherwise specified, "parking" in Section 7.8 of this By-law applies to
automobile parking and bicycle parking.
b)
Application of Parking Space requirements in parking standard areas:
i
a Lot within a parking standard area shall provide Parking Space
requirements for Uses in that parking standard area; and,
ii access requirements for a Parking Space in accordance with this By-Law
shall not apply to Parking Spaces Used, or intended to be Used,
primarily for the storage or parking of vehicles for display, sale, hire or
gain.
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c)
Calculation of Parking Space Requirements:
i
should the calculation of the number of required Parking Spaces result
in a number that is a fraction, the number is rounded down to the
nearest whole number, but there may not be less than one Parking
Space unless otherwise specified.
Off-Street Required Parking and Parking for Addition to Existing Use
a)
Where a Building or Structure has insufficient Parking Spaces on the date this
By-Law comes into effect, it shall not be required to make up the deficiency.
However, if a Building or Structure addition or a Change of Use is proposed, the
Parking Space requirements in Section 7.8.4(b) of this By-Law apply.
Parking Standard Areas
a)
The City is divided into parking standard areas. The limit and location of parking
standard areas 1 to 3 are as shown on Schedule 2 - Parking Standard Areas
Map to this By-Law.
b)
Parking standard areas
Table 7-3: Minimum Parking Space Requirements amended by By-law No. 5095 October 28, 2024
Table 7-3: Minimum Parking Space Requirements
Use
Minimum
Parking
Requirement
(All Other Areas)
Parking
Standard
Area 1
(Downtown)
Parking
Standard Area
2
(Residential
Central)
Parking
Standard Area
3
(Old Town)
Animal Services
(Kennels,
grooming
services and
others)
1 per 100 m2 of
Gross Floor Area
No minimum
parking
required
1 per 100 m2 of
Gross Floor Area
1 per 100 m2 of
Gross Floor
Area
Auditoriums
including
theatres,
convention
centre and public
assembly
auditoriums
1 per 3.5 seats
No minimum
parking
required
1 per 4 seats
1 per 10 seats
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Use
Minimum
Parking
Requirement
(All Other Areas)
Parking
Standard
Area 1
(Downtown)
Parking
Standard Area
2
(Residential
Central)
Parking
Standard Area
3
(Old Town)
Automobile
Repair
3 per 100 m2 of
Gross Floor Area
Not applicable
Not applicable
2 per 100 m2 of
Gross Floor
Area
Automobile Sales
or Rental
3 per 100 m2 of
Gross Floor Area
Not applicable
2 per 100 m2 of
Gross Floor Area
1 per 100 m2 of
Gross Floor
Area
Automobile
Service Station
4 per 100 m2 of
Gross Floor Area
Not applicable
3 per 100 m2 of
Gross Floor Area
3 per 100 m2 of
Gross Floor
Area
Campground
1 per camp site
Not applicable
Not applicable
Not applicable
Commercial
Retail Sales and
Services
1 per 100 m2 of
Gross Floor Area
No minimum
parking
required
1 per 100 m2 of
Gross Floor Area
0.5 per 100 m2
of Gross Floor
Area
Day Care Facility
and Community
Resource Centre
1 per 8 user
No minimum
parking
required
1 per 8 user
1 per 8 user
Food and
Beverage
Services
No Parking Space
is required
where the Gross
Floor Area Used
for eating
establishments
in a Building is
less than 200 m2;
and
2 per 100 m2 of
Gross Floor Area
No minimum
parking
required
No Parking
Space is
required where
the Gross Floor
Area Used for
eating
establishments
in a Building is
less than 200
m2; and
1.5 per 100 m2
of Gross Floor
Area
No Parking
Space is
required where
the Gross Floor
Area Used for
eating
establishments
in a Building is
less than 200
m2; and
1 per 100 m2 of
Gross Floor
Area
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Use
Minimum
Parking
Requirement
(All Other Areas)
Parking
Standard
Area 1
(Downtown)
Parking
Standard Area
2
(Residential
Central)
Parking
Standard Area
3
(Old Town)
Education
Institutions
Preschools to
High Schools - 2
per 100 m2 of
Gross Floor Area
Higher
education,
colleges,
business and
technical schools
- 2 per 100 m2 of
Gross Floor Area
No minimum
parking
required
Preschools to
High Schools -
1.5 per 100 m2
of Gross Floor
Area
Higher
education,
colleges,
business and
technical
schools - 2 per
100 m2 of Gross
Floor Area
Higher
education,
colleges,
business and
technical
schools - 1.5
per 100 m2 of
Gross Floor
Area
Funeral Home
5 per 100 m2 of
Gross Floor Area
Not applicable
4 per 100 m2 of
Gross Floor Area
Not applicable
Hospitals
1 per 100 m2 of
Gross Floor Area
Not applicable
Not applicable
Not applicable
Hotel, Motel, and
Short-Term
Rental
Accommodation
Hotel - 1 per 2
guest rooms
Motel - 1 per
guest room
Short-Term
Rental
Accommodation
- no additional
parking required
No minimum
parking
required
Hotel - 1 per 2
guest rooms
Motel - 1 per 1
guest room
Short-Term
Rental
Accommodation
- no additional
parking
required
Hotel - 1 per 3
guest rooms
Motel - 1 per 1
guest room
Short-Term
Rental
Accommodatio
n - no
additional
parking
required
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Use
Minimum
Parking
Requirement
(All Other Areas)
Parking
Standard
Area 1
(Downtown)
Parking
Standard Area
2
(Residential
Central)
Parking
Standard Area
3
(Old Town)
Industrial
5 per 100 m2 of
Gross Floor Area
plus 1 additional
space for each
subsequent 500
m2, whichever is
the greater
requirement.
Not applicable
Not applicable
3 per 100 m2 of
Gross Floor
Area 1
additional space
for each
subsequent 500
m2, whichever
is the greater
requirement.
Libraries and
Museums
1 per 100 m2 of
Gross Floor Area
No minimum
parking
required
1 per 200 m2 of
Gross Floor Area
1 per 200 m2 of
Gross Floor
Area
Medical and
Health Services
/Laboratory
3 per 100 m2 of
Gross Floor Area
No minimum
parking
required.
2 per 100 m2 of
Gross Floor Area
2 per 100 m2 of
Gross Floor
Area
Office
3 per 100 m2 of
Gross Floor Area
No minimum
parking
required.
2 per 100 m2 of
Gross Floor Area
2 per 100 m2 of
Gross Floor
Area
Recreation
Facility - Public
3 per 100 m2 of
Gross Floor Area
No minimum
parking
required.
2 per 100 m2 of
Gross Floor Area
2 per 100 m2 of
Gross Floor
Area
Recreation
Facilities -
Private
(Gymnasiums,
private clubs and
others)
3 per 100 m2 of
Gross Floor Area
No minimum
parking
required.
2 per 100 m2 of
Gross Floor Area
2 per 100 m2 of
Gross Floor
Area
Religious
Institutions
1 per 10 person
capacity
No minimum
parking
required.
1 per 15 person
capacity
1 per 15 person
capacity
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Use
Minimum
Parking
Requirement
(All Other Areas)
Parking
Standard
Area 1
(Downtown)
Parking
Standard Area
2
(Residential
Central /
Residential
Intensification)
Parking
Standard Area
3
(Old Town)
Residential
Single Detached
Dwelling - 1 per
Dwelling Unit.
Duplex Dwelling
- 1 per Dwelling
Unit.
Townhouse
Dwelling - 1 per
Dwelling Unit.
Multi-Unit
Dwelling (9 units
or less) - 1 per
Dwelling Unit
and no more
than 2 per
Dwelling Unit.
Multi-Unit
Dwelling (10
units or more) -
0.8 per Dwelling
Unit and no
more than 2 per
Dwelling Unit.
Factory-Built
Dwelling - 1 per
Dwelling Unit
and no more
than 2 per
Dwelling Unit.
No minimum
parking
required.
Single Detached
Dwelling - 1 per
Dwelling Unit.
Duplex Dwelling
- 1 per Dwelling
Unit.
Townhouse
Dwelling - 1 per
Dwelling Unit.
Multi-Unit
Dwelling -No
more than 1 per
Dwelling Unit.
Factory-Built
Dwelling - 1 per
Dwelling Unit
and no more
than 2 per
Dwelling Unit.
Single Detached
Dwelling - 1 per
Dwelling Unit.
Duplex Dwelling
- 1 per Dwelling
Unit.
Townhouse
Dwelling - 1 per
Dwelling Unit.
Multi-Unit
Dwelling (9
units or less) - 1
per Dwelling
unit and no
more than 2 per
Dwelling Unit.
Multi-Unit
Dwelling (10
units or more) -
0.8 per Dwelling
Unit and no
more than 2 per
Dwelling Unit.
Factory-Built
Dwelling - 1 per
Dwelling Unit
and no more
than 2 per
Dwelling Unit.
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Use
Minimum
Parking
Requirement
(All Other Areas)
Parking
Standard
Area 1
(Downtown)
Parking
Standard Area
2
(Residential
Central)
Parking
Standard Area
3
(Old Town)
Residential -
Special
Special Care
Residence - 1
per 5 Dwelling
Units.
Special Care
Facility - 2 per
100 m2 of Gross
Floor Area
No minimum
parking
required.
Special Care
Residence- 1
per 5 Dwelling
Units.
Special Care
Facility - 2 per
100 m2 of Gross
Floor Area
Not applicable
Notwithstanding the requirements of this section, off-Street parking for Uses not specifically addressed
shall be determined by the Development Officer who shall have due regard to the amenities of the
Zone, similar types of Uses, and the proposed Development.
Accessible Parking Space Requirements
a)
A minimum of 1 Type "A" Parking Space shall be provided for every 20 Parking
Spaces; and
b)
A minimum of 10% of the required Parking Spaces for a Medical and
Health/Laboratory Services and Office Uses shall be provided as Type "A"
Parking Spaces.
Large Commercial Vehicles (Tourism Buses)
a)
For some proposed Developments, anticipated vehicle Use will require parking
for large commercial vehicles such as tour buses or vans. In these
circumstances, additional parking requirements will be at the discretion of the
Development Officer.
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Location of Parking Areas
a)
With the exception of the DT, OT, and CS Zones, all required Parking Spaces
shall be provided on the same Site occupied by the Building, Structure or Use
for which such Parking Spaces are required.
b)
Within the OT and CS zones, the required Parking Spaces may be supplied
within 150m of the main pedestrian Access of the Building, Structure or Use for
which the Parking Spaces are required, provided the Landowner enters into a
parking agreement with the City and registered against the title of both the
main Site and the Site on which the Parking Area is located. The parking Use of
the off-Site area shall maintain its purpose for as long as it is required under the
parking agreement.
c)
Parking facilities shall be designed and located to minimize any disruption to
the continuity of the pedestrian system of sidewalks and on-Site pedestrian
spaces.
d)
Where Parking Spaces are located with Access directly off a lane, the required
width of the maneuvering aisle may be reduced by the width of the lane, but
the entire Parking Space must be provided on-Site.
e)
Surface Parking Areas and freestanding Parking Structures are not permitted as
the Principal Use on Lots which abut the following road right-of-ways:
i
Franklin Avenue
ii Old Airport Road
Parking Structures
a)
Where a Parking Area located in a Structure is Accessory to a Permitted Use on
a Lot, then such Structure shall not be considered an Accessory Building and
shall conform to all the regulations for the Zone as a main Building.
b)
Where a controlled entrance is used to access Parking Structures, adequate
queuing space on-Site shall be provided to avoid traffic spilling onto the road
right-of-way.
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Shared Parking
a)
For multiple Use Development, the off-Street parking requirement, including
off-Street Loading Spaces, shall be the sum of the requirements of the Uses
calculated separately unless the applicant can demonstrate that there is a
reduction in the total requirement.
b)
For unrelated Developments where each creates a demand for parking and
where the timing of each individual parking demand is not coincidental with
each other and the demand for parking is obviously staggered, the
accumulative total parking requirement for the Developments involved may be
reduced by the Development Officer. A parking agreement between the
Landowners of the subject Developments and the City may be required and this
agreement shall be registered against the subject properties.
c)
In consideration of a request for a reduction in the total parking requirement,
the Development Officer may consider the following criteria:
i
that the Uses which are proposed to share parking facilities are located
in proximity to one another and, if on separate Sites, are no more than
a combined distance of 150 m from the parking facilities;
ii that the hours of operation and parking demand, or the Uses which are
proposed to share Parking Spaces, are sufficiently different so as to not
require the Use of Parking Spaces at the same time; and
iii that the Uses which are proposed to share Parking Spaces are expected
to remain in place and the sharing of Parking Spaces can be expected
to continue for the foreseeable future.
Car Sharing
a)
In all Zones for residential or mixed-Use Developments, the parking
requirement may be met through a Car Sharing Service where:
i
one Car Share Vehicle shall be provided per ten residential units in the
Parking Standard Area 2; and
ii one Car Share Vehicle shall be provided per 6 residential units in the
Parking Standard Area 3 and all other Zones.
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b)
When parking is provided through a Car Sharing Service, the Landowner shall
covenant with the City by an agreement registered against the title that both
the Car Share Parking Space and Car Share Vehicle/Service shall be maintained
for the life of the Development or until an alternative parking arrangement is
approved pursuant to this By-law.
Cash in lieu of Parking
a)
In parking standard area 2 and 3, should the required Parking Spaces not be
accommodated on a Site due to space limitations, cash in lieu of parking may
be substituted provided that:
i
at least one on-Site loading area, if required, is provided on-Site except
for existing Buildings where, in the opinion of the Development Officer,
there is no opportunity to provide a loading area on-Site;
ii the amount paid shall be equal to the value of the land and
construction costs (including paving) for providing an equivalent
amount of parking on the affected Site on the basis of 31 m2 per
parking stall (this being an average area of a typical parking stall and
maneuvering space);
iii where new Buildings are proposed, cash in lieu of parking shall not
replace more than 50% of the required parking;
iv where, because of a new Development Permit, an existing Building is
subject to a requirement for parking, cash in lieu of parking shall not
replace more than 50% of the required parking;
v all costs incurred by the City in establishing the value of the parking to
be provided by cash in lieu of parking shall be the responsibility of the
applicant and no Development Permit may be issued until the City is
fully reimbursed for those costs; and
vi Approval must be granted by the Development Officer.
Off-Street Loading Space Requirements
a)
All Uses except residential Buildings with fewer than 15 Dwelling Units shall
have at least one off-Street Loading Space with the minimum of one space for
each loading door.
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b)
Off-Street Loading Spaces shall have minimum dimensions of 3 m by 9 m and a
minimum vertical clearance of 4.2 m, but if the Loading Space is to be
employed by tractor trailers, then the minimum dimensions are enlarged to a
minimum 3 m by 16 m, with at least 4.2 m of vertical clearance.
c)
Whenever possible Access to a Loading Space shall be from a lane, and the
Access shall be arranged to prevent backing or turning movements of vehicles
going to or from the Site, from causing interference with traffic on the
adjoining or abutting Streets or lanes.
Bicycle Parking Requirements
a)
Where any Development is proposed, including new Development, Change of
Use of existing Development, or enlargement of existing Development, off-
Street bicycle parking shall be provided by the applicant in accordance with the
requirements of this By-law.
b)
Minimums for bicycle parking:
i
Multi-Unit Dwelling - 1 space per 2 units;
ii Special Care Residence, Hotels and Motels - 1 space per 3 rooms;
iii Industrial Use - no bike spaces required; and
iv All other Uses, excluding Single Detached, Duplex, In-Home Secondary,
Detached, Detached Secondary, Factory-Built, and Townhouse
Dwellings - 1 bike space per 140 m2 of Gross Floor Area.
c)
Should the calculation of the number of required bicycle Parking Spaces result
in a number that is a fraction, the number is rounded up to the nearest whole
number.
d)
Location of bicycle parking:
i
required bicycle parking shall be provided wholly on the same Site as
the Building;
ii bicycle parking should be located near the main entrance, in sight of
windows, near well-Used pedestrian routes, and unscreened by
vegetation;
iii bicycle parking shall not be placed so that it blocks the entrance,
loading or fire lanes, or inhibit pedestrian flow in or out of the Building;
and
iv bicycle parking shall be placed on level asphalt or concrete base to
which it can be secured.
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7.9.
Signs
General Regulations and Administration
a)
The regulations within Section 7.9 of this By-law shall apply to all Signs on lands
within the City, with the exception of the following:
i
any Election Signs as defined and regulated under the Election Sign By-
law No. 4968, as amended;
ii any Sign required to be displayed under the regulations of federal,
provincial or municipal legislation;
iii statutory and official notices;
iv functional advertisements of local authorities and public transport
undertakers;
v traffic and directional Signs authorized by the City;
vi notices relating to the sale, lease or rental of the Building or land to
which they are attached so long as do not exceed 0.25 m2 in size, are
not illuminated, are kept in good repair and removed in a timely
manner;
vii Community Signs that are not larger than 7 m2 and are installed on City
property;
viii advertisements of building contractors relating to construction in
progress on the land on which the Development is occurring, provided
that they are not illuminated, are kept in good repair and removed
within 14 days of occupancy:
1) such advertisements shall not exceed 7 m2; and
2) one such advertisement for each Site which fronts onto a public
Street;
ix Fascia Signs whose surface area is less than 25% of the ground floor
frontage area on the side of the Structure to which the Sign is to be
attached; and
x advertisements displayed on door plates, door bars or kick plates.
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b)
For the purpose of this By-law, all Signs shall be considered an Accessory Use.
The Development Officer may approve a Sign as part of a Development Permit
application for which the Sign is accessory to a Principal Use, so long as they are
satisfied that all required information has been provided.
c)
Unless specifically exempted from the requirements to obtain a Development
Permit in Section 4.2 of this By-law, all Signs, Structures for Signs, as well as any
alteration or relocation of an existing Sign shall require a Development Permit.
d)
Signs not requiring a Development Permit must comply with the regulations of
Section 7.9 of this By-law.
e)
Signs for Home Based Businesses must comply with the regulations in Section
8.2.4 (o) of this By-law.
f)
The Development Officer shall not approve an application for the installation of
a Sign upon or over public property, including but not limited to: road rights-of-
ways, easements and public utility Lots, without entering into a license
agreement with the Landowner or Building to which the Sign is attached or
located, as described in the Land Administration By-law No. 4596, as amended.
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Application Details
a)
Applications for a Sign shall be made under a Development Permit application
to the Development Officer along with the fees and an electronic copy of
drawings indicating:
i
the location of the Sign by elevation drawing or Site plan;
ii
the overall dimensions of the Sign;
iii the size of the letter or letters;
iv the amount of Projection from the face of the Building;
v
the amount of Projection over public property;
vi the Height of the Sign above a public Street or sidewalk or the Height
above the average ground level at the face of the Building; and
vii the manner of illuminating the Sign.
Location of Signs
a)
Signs shall be permitted only in non-residential Zones except for those listed in
Section 7.9.1 (a) of this By-law.
b)
Signs are not permitted on City sidewalks, boulevards or center medians.
c)
Signs shall not be attached to a Fence, pole, tree or any other object in a public
Street or place.
d)
Signs shall not be attached to or stand on the ground in any public Street or
place.
e)
Signs shall not be located so as to obstruct free and clear vision of vehicular
traffic, or located where they may interfere with, or be confused with, any
authorized traffic Sign, signal or device.
f)
Portable Signs shall not be placed on City property, except with permission of
the Development Officer.
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Community Signs
a)
Community Signs must be removed within 14 days after the conclusion of the
event.
b)
Community Signs must not be placed in the following areas:
i
on City property except within an Election Sign Zone as specified in
Schedule "B" of the Election Sign By-law No. 4968, as amended;
ii within 3 m of a fire hydrant; or
iii that obstructs or otherwise interferes with sight lines or movement of
motor vehicles, pedestrians, cyclists or any other highway traffic.
Billboards
a)
Billboards are approved at the discretion of Council.
b)
With the application for a Development Permit for a Billboard, the
Development Officer may require additional details including, but not limited
to:
i
safety matters related to vehicular traffic and sightlines;
ii positioning Billboard Signs in high traffic areas at the entrance of the
City; or
iii positioning within the Capital Area.
Awnings
a)
Awning advertisement shall be tightly stretched over a rigid metal frame in
order to prevent sagging and to minimize snow and dirt accumulation.
b)
No part of an Awning shall project over any public road.
c)
No part of an Awning shall be less than 2.5 m above sidewalk level.
Fascia Signs in all non-residential Zones
a)
Fascia Signs shall be installed so that they:
i
do not extend past the top of the vertical face of the Building;
ii are no lower than 2.5 m above Grade;
iii do not extend more than 1 m above the uppermost eave line of the
Building; and
iv are located on the Business Frontage.
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Marquee and Canopy Signs
a)
Shall be considered as Fascia Signs, provided that:
i
they are displayed on the fronting edge of the Marquee or Canopy; and
ii
no portion of the Sign shall project below the bottom edge of the
Marquee or Canopy, or more than one metre above the top of the
Marquee and Canopy.
Roof Signs
a)
Roof Signs shall not exceed the Height above a roof equal to the average Height
of the elevation of the Building upon which the Sign is located. However, in no
case shall a Roof Sign exceed 5 m in Height from the top of the Building Façade
to the top of the Sign.
b)
No Roof Sign shall exceed 25 m2 in area.
c)
No Roof Sign shall project beyond any portion of the exterior walls of any
Building, nor shall the Roof Sign exceed the maximum Height in a Zone where
they are to be sited.
Projecting Signs
a)
For Building frontages located less than 6 m from the Lot Line, only one
Projecting Sign may be installed per Business Frontage.
b)
No part of a Projecting Sign shall:
i
extend more than 2 m above the parapet of the Building;
ii extend more than 2 m from the face of the Building;
iii be less than 3 m above ground or sidewalk Grade; and
iv make Use of any type of visible framework or supporting device.
c)
Projecting Signs shall be placed at right angles to the Building face to which
they are attached; except when they are located at the corner of the Building at
which time the Sign shall be placed at equal angles to the Building faces that
form the corner.
Free Standing Signs
a)
No Free Standing Signs shall project beyond a Lot Line.
b)
Only one Free-Standing Sign shall be allowed per Site.
c)
No Free Standing Signs shall not exceed a Height of 8 m.
d)
No Free Standing Sign shall exceed 25 m2 in area.
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Free Standing Portable Sign
a)
No Free Standing Portable Sign shall exceed 10 m2 in area.
b)
Only one Free Standing Portable Sign shall be permitted on each Site.
Illumination of Signs
a)
Illumination of Signs will be considered according to the merits of each
individual application. The Development Officer shall consider the amenities of
the Zone and possible interference with traffic signal lights and other Signs.
Removal of Signs
a)
When a Sign no longer fulfills its function under the terms of an approved
Development Permit, the Development Officer may order the removal of such
a Sign, and the lawful owner of the Sign or, where applicable, the Landowner,
shall:
i
remove the Sign and all related structural components within no more
than 30 calendar days from the date of receipt of the notice;
ii
restore the immediate area around the Sign, including the ground or
any Structure to which the Sign was attached, as close as possible to its
original form prior to the installation of the Sign; and
iii bear all the costs related to such removal and restoration.
7.10.
Temporary Use
Temporary Uses include those activities where there is Temporary Use or
placement of a Building or Structure, including tents. Such activities shall be
developed and conducted in accordance with the following standards:
a)
no new permanent Building, Structure or Development shall be permitted in
conjunction with the activities;
b)
all Buildings, Structures or Development put in place for the Temporary Use
shall be removed immediately following the end of the activity, completion of
the approved time period, or revocation of a Development Permit, whichever
occurs first;
c)
all Temporary Uses require Development Permit approval, unless they do not
require a Development Permit as per Section 4.2 of this By-law;
d)
no Temporary Use, Building or Structure shall occur for a maximum period
longer than 8 months, unless at the discretion of the Development Officer;
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e)
if the Temporary Use, Building or Structure lasts longer than 8 months, the
Temporary Use must conform to the Permitted or Discretionary Uses in the
Zone where the Temporary Use is located.;
f)
Temporary Use, Buildings, and Structures shall not cause permanent damage or
alter natural vegetation or features;
g)
the Development Officer may:
i
attach any condition deemed necessary to ensure that the Temporary
Use is removed and the Lot restored to its pre-activity condition;
ii require an Development Agreement and a security deposit to cover the
cost of restoring the Lot if the Temporary Use is not properly removed;
iii revoke a Development Permit issued for a Temporary Use at any time
if it is deemed that the activity is detrimental to the area or City at
large; and
iv adjust the time period for a Temporary Use if circumstances warrant an
adjustment.
h)
A Temporary Use does not include the Temporary Use of an approved Building
for an event incidental to the duly approved Use of the Building.
7.11.
Set-backs from Water-Bodies
The following regulations shall apply to all setbacks from Water-Bodies, and
Shore reserves, subject to the setbacks established in each Zone:
a)
the minimum setback from Water-Bodies shall be 15 m;
b)
generally, no Buildings are permitted within the required setback area; and
c)
except for flood or erosion control works, or a public bridge or a marine facility,
no Building or Structure, including any part of a sewage system, which does not
require a plan of Subdivision, or Site plan approval, shall be located closer than
the ordinary high water mark of any Water-Body.
7.12.
Shoreline Development
All permanent over-water Structures and Uses shall require the approval of
the agencies having jurisdiction over the bed of the Water-Body that is
directly beneath the moorage area and the Structure or Use.
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The planning and location of over-water Structures and Uses shall be
coordinated with the adjacent on-Shore Development or Use so Development
on both land and water are mutually compatible.
Each moorage space for watercraft or vessels Used as living quarters shall
have access to a potable water source and a sewage disposal system, each of
these is subject to approval by the Development Officer.
If required by the Development, the regulations of public utilities and services
shall be acceptable to the Development Officer. These utilities and services
include:
a)
electrical power;
b)
piped or trucked potable water supply for domestic Use;
c)
fire protection and emergency services;
d)
municipal sewage system or a sewage disposal in accordance with the City's
Development Standards; and
e)
garbage and solid waste collection.
Moorage Area
a)
All moor areas shall provide:
i
Open water access of sufficient size to allow safe and ready
accessibility to navigable water; and
ii Shoreline access in the form of a Marina, wharf or launching area.
b)
Moorage space: all moorage spaces shall be of sufficient size to allow safe
docking and open water access.
c)
The Height of over-water Structures is subject to the Development Officer's
approval and shall not exceed 6 m above the Natural Boundary.
7.13.
Specific Use Regulations Applicable to All Zones
Accessory Buildings/Use
a)
Accessory Buildings and Uses are subordinate (secondary) to the Principal
Use/Building on the Lot. No Accessory Building shall be constructed or placed
on a Lot prior to the construction of the Principal Building, unless constructed
simultaneously.
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b)
Where a Structure is attached to the Principal Building on a Lot by a roof, an
open or enclosed Structure, a floor or a foundation, it is considered part of the
Principal Building and not an Accessory Building and the required setbacks shall
not be less than those required for the Principal Building.
c)
No Accessory Building or any portion thereof shall be constructed or placed
within the front Yard of any Site.
d)
Notwithstanding Section 7.13.1(c) of this By-law, the Development Officer may
allow a detached garaged or detached secondary suite to be sited in front of
the Principal Building, provided that all of the following requirements are met:
i
the Site has irregular Lot Lines, size, or shape that presents a challenge
to siting the detached garage beside or behind the Principal Building;
ii the subject Site has not been previously blasted except for the
footprint of the Principal Building;
iii the subject Site has Physical Limitations relating to the terrain,
topography or Grade that presents a challenge to siting the detached
garage beside or behind the Principal Building;
iv the proposed siting of the detached garage allows a natural
Landscaping feature, such as bedrock or existing full-growth
vegetation, to be retained on the Site;
v the proposed siting of the detached garage conforms to the Uses
prescribed in this By-law;
vi the proposed siting of the detached garage does not unduly interfere
with the amenities of the neighbourhood;
vii the proposed siting of the detached garage does not materially
interfere with or affect the Use, enjoyment or the value of
neighbouring land; and
viii exterior building materials of the proposed detached garage must be
similar to materials of the Principal Building; for greater certainty,
portable car shelters are not Permitted Under Section 7.13.1 (d) of this
By-law.
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e)
Notwithstanding Section 7.13.1 (b) of this By-law, for either attached or
detached garages, there shall be a minimum of 6m distance measured
perpendicular from the face of the garage door to any Lot Line which is
adjacent to a public right-of-way except in the case of a rear Lot Line adjacent
to a laneway where this distance may decrease up to a minimum of 1 m.
f)
No Accessory Buildings or portions of the Buildings shall be constructed or
located on or over an easement or public right-of-way unless authorized by the
Development Officer.
g)
Notwithstanding the Development Regulations table in each Zone, an
Accessory Building on a Corner Lot shall not be located closer to the Lot Line
than the minimum Yard Setback of the Principal Building.
Urban Agriculture
a)
In addition to the requirements of Section 4.4 of this By-law, a Development
Permit application for Urban Agriculture, Commercial shall include a Site plan
that shows the following:
i
location of growing plots;
ii location of Composting Facilities;
iii Fencing/Screening;
iv animal enclosure;
v on-Site sales area (where applicable);
vi Site Grading alterations; and
vii Outdoor Storage and irrigation equipment.
b)
In all Zones, the Development shall not generate odour, waste, or visual Impact
beyond the general characteristics of the Zone in which it is developed.
c)
Notwithstanding Lot coverage requirements in each Zone, Lot coverage for
raised beds may be 100%.
d)
Notwithstanding Section 7.13.2 (a) of this By-law, a Development Permit is not
required for the construction or installation of an Accessory Building that does
not exceed 75 m2 in area or 3 m in Height and is not permanently attached to
the ground in accordance to Section 4.2 of this By-law. Subject to the setback
requirements of the applicable Zone:
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i
the Development Officer may require an applicant for a Development
Permit to submit environmental and risk information in accordance
with Section 4.4.3 (c) of this By-law, to determine that the proposed
Development is suitable for the Lot; and
ii an approved drainage plan is required in order to prevent
contamination related to the effluent of waste.
e)
In Residential Zones Urban Agriculture, Community:
i
activities associated with animal enclosures shall not be located within
the front Yard of any Lot;
ii Outdoor Storage of materials or equipment must be screened
appropriately from abutting public roadways;
iii all compost shall be held within lidded compost bins and screened
from abutting public roadways;
iv only one hen coop and run, or Building designed for the keeping of
urban farm animals is permitted per residential Lot. Animals must
remain within the coop or run at all times; and
v Urban Agriculture activities shall not unduly interfere with the
enjoyment of neighbouring properties, by causing excess noise, odour
or disruption beyond what is typical in the Zone in which it is approved.
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8.
General Development Regulations Applicable to Residential
Zones
8.1.
General Development
Planned Development
Section 8.1.1 a) amended by By-law No. 5095 October 28, 2024
a)
Notwithstanding any other regulations of this By-law, where a Planned
Development involves the grouping of two or more Principal Buildings on a
shared Site, it shall be subject to the following regulations:
i
the total Lot coverage of the Planned Development shall not exceed
the maximum Lot coverage of the applicable Zone; and
ii building setbacks shall be provided in accordance with the
Development Regulation Table in each Zone, pursuant to the greater
requirements.
Principal Building and Uses
a)
Within the R1, R2, RC and RE Zones, there shall be one Principal Building and
one Principal Use on a Lot, unless the Development is approved as a Planned
Development in accordance with Section 8.1.1 of this By-law.
Section 8.1.3 a) and 8.1.3.c) amended by By-law No. 5095 October 28, 2024
Provision of Recreation Space
a)
Multi-Unit Dwelling with more than 15 Dwelling Units shall provide a private
balcony of at least 5 m2 for each Dwelling Unit, or communal indoor Recreation
Space in lieu of balconies to the satisfaction of the Development Office.
b)
Any Recreation Space provided, is to be maintained for the life of the
Development.
c)
For Multi-Unit and Townhouse Dwellings without individual Street Access, a
minimum of 5% of Site Area shall be provided as an Outdoor Recreation Space
for intended occupants to the satisfaction of the Development Officer.
d)
Outdoor Parks and Recreation areas within 250 m proximity of the residential
Development will be considered fulfillment of the outdoor Recreation Space.
e)
Outdoor Recreation Space shall provide suitable Landscaping, fencing and
surface treatment to the satisfaction of the Development Officer.
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Communication Towers
a)
The Development Officer may approve a Height Variance for a Communication
Tower exceeding the maximum permitted Height of the Zone.
8.2.
Specific Use Regulations Applicable to Residential Zones
Day Care Facility, Home
a)
Day Care Facility, Home shall be approved with an application for Home Based
Business, in all eligible Zones.
Day Care Facility in a Residential Zone
a)
The design and exterior character of the Building shall be compatible with the
surrounding neighbourhood.
b)
The applicant shall submit the Floor Area and plans designated for the Day Care
Facility with the submission of the Development Permit application.
c)
Any associated vehicle or equipment shall be accommodated on-Site.
Community Resource Centres
a)
The design and exterior character of the Building shall be compatible with the
surrounding neighbourhood.
b)
The applicant shall submit the Floor Area and plans designated for the
Community Resource Centre with the submission of the Development Permit
application.
c)
The permit is valid only for the address stated on the application and is not
transferable to a new address.
d)
Any associated vehicle or equipment shall be accommodated on-Site.
Factory-Built Homes
a)
All Factory-Built or manufactured Dwelling Units shall be skirted from the base
of the unit to the ground with material similar to that of the siding material.
Painted plywood shall not be permitted as skirting.
b)
All Factory-Built or manufactured Dwelling units shall conform to the current
National Building Code and shall be Canadian Standards Association Certified.
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Home Based Business
All Home Based Businesses are subject to the following:
a)
a Home Based Businesses may require Development Permit approval prior to
the issuance of a Business License;
b)
an approval of a Home Based Business Use does not exempt the applicant from
compliance with any federal or territorial regulation and legislation, including
but not limited to the Child Care Act and Standards Regulations and the Public
Health Act; RSNWT (Nu) 1988, c C-5.
c)
no variation from the external appearance and residential character of land or
Buildings shall be permitted;
d)
the Home Based Business shall not be staffed by any person other than a
resident of the home, and not more than two adult residents of the home shall
be permitted to work in the Home Based Business, except in the case of a Day
Care Facility, Home one of these two adults may reside elsewhere;
e)
all Home Based Businesses shall be Accessory Use to the residential Use of the
Dwelling;
f)
the applicant shall submit the Floor Area and plans designated for the Home
Based Business with the submission of the Development Permit application;
g)
when a Development Permit is issued for a Home Based Business, the
Development Permit is valid only for the address stated on the application and
is not transferable to a new address; no more than two Home Based Businesses
may be allowed at any given residence;
h)
the Development Officer may impose conditions relating to the hours and days
of operation;
i)
the Home Based Business may be carried out only for the period of time the
property is occupied by the applicant for such Permitted Uses;
j)
retail sales by Home Based Businesses shall be limited to goods and articles
produced on-Site or packaged for distribution and may include the sales of
goods made electronically, by telephone or pick up by customers;
k)
where a Home Based Business involves the presence of clientele and visitors
on-Site, and if in the opinion of the Development Officer, the residential
character of the neighborhood is compromised by the activities of these clients,
the Development Officer may reduce the number that may be in attendance at
any one time;
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l)
the Home Based Business shall not generate traffic or parking problems within
the neighbourhood;
m)
except with the approval of the Development Officer only one commercial
vehicle, may be Used in conjunction with the Home Based Business and shall be
parked on-Site at all times if it is not in operation. The vehicle shall not be
larger than 4,400 kg;
n)
Uses which are likely to generate traffic problems or require vehicles that do
not conform to the By-laws of the City within the residential Zone shall not be
allowed;
o)
Not with standing Section 7.9 of this By-law, a Sign may be allowed for a Home
Based Business if:
i
the Sign displays only the name and type of the business, telephone
number and logo;
ii the Sign does not exceed 0.16 m2;
iii the Sign is unlit; and
iv the Sign is unobtrusive and complementary to the neighbourhood;
and,
p)
All Development Permits issued for Home Based Businesses shall be subject to
the condition that the Development Permit may be revoked by the
Development Officer at any time if conditions (b) to (o) are contravened, or
where the Use is or has become detrimental to the amenities of the
neighborhood.
Multi-Unit Dwelling
a)
Any Multi-Unit Dwelling Development shall provide:
i
Access for emergency vehicles;
ii access to enclosed garbage and compost storage;
iii fencing, if required by the Development Officer;
iv light between Buildings;
v pedestrian Access to and from the public sidewalk serving the Building;
and
vi flood lighting and parking light standards sufficient to provide for
safety and security and that have a minimal Impact to adjacent
residential Development.
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b)
Outdoor areas shall provide suitable Landscaping, fencing and surface
treatment to the satisfaction of the Development Officer. Any Recreation Space
provided is to be maintained for the life of the Development.
In-Home and Detached Secondary Dwelling
a)
Notwithstanding any requirement of this By-law, the Development Officer may
approve the Development of an In-Home or Detached Secondary Dwelling
provided:
i
the In-Home Secondary Dwelling is fully contained within the single
detached, single detached Factory-Built, duplex, townhouse and Multi-
Unit Dwelling;
ii the Detached Secondary Dwelling is fully contained within an Accessory
Building on the same Lot;
iii only one In-Home or Detached Secondary Dwelling is permitted on a
Site.
iv the external appearance and residential character of the Principal
Dwelling in which the In-Home Secondary Dwelling is located shall be
maintained;
v the Detached Secondary Dwelling shall be subordinate and
complementary to the Principal Dwelling;
vi the Gross Floor Area of all Storeys of an In-Home Secondary Dwelling
shall not be more than the lesser of:
1) 80% of the Gross Floor Area of all Storeys of the other Dwelling
Unit; or
2) 80 m2; and
vii Detached Secondary Dwellings shall adhere to Accessory Building Yard
Setbacks.
b)
Development standards for Lots containing suites include:
i
the scale Buildings shall be similar and complementary to other
Buildings on surrounding Lots;
ii In-Home Secondary Dwellings must have direct access to the outdoors
and at least one window for emergency escape during a fire;
iii Detached Secondary Dwellings shall provide an unimpeded
pedestrian/emergency access to a Street or lane frontage with a
minimum width of 1 m;
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iv Detached Secondary Dwellings are not permitted in the Front Yard of a
Lot unless the proposed Structure meets the conditions of Section
7.13.1 (d) of this By-law; and
v all Secondary Dwellings shall be serviced with water and sewer services
in accordance with Water and Sewer By-law No. 4663, as amended.
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9.
General Development Regulations Applicable to Non-Residential
Zones
9.1.
General Development
Number of Buildings on Lot
a)
More than one Principal Building may be allowed on a non-residential Site
where:
i
Building orientation shall be to the satisfaction of the Development
Officer;
ii the Use and Building(s) conform to the regulations of the non-
residential Zone; and
iii a Development Permit is issued for each additional Accessory Building
and Use on a Lot.
b)
If additional Building(s) are accessory to the Principal Building, the applicant
must comply with regulations for Accessory Buildings and Structures, found in
Section 7.13.1 of this By-law.
9.2.
Specific Use Regulations Applicable to Non-Residential Zones
Natural Resource Extraction (Quarrying)
a)
A Development Permit is required for any Natural Resource Extraction.
b)
As part of a complete Development Permit application the applicant must
include:
i
time frames for phases of extraction;
ii a quarry Development plan;
iii a quarry operations plan;
iv a quarry reclamation plan; and
v any other information deemed necessary by the Development Officer.
c)
As a condition of the Development Permit approval, if the quarry lands are
under a head lease, lease or sublease, the Development Officer may attach or
cross-reference applicable conditions to land lease agreements.
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d)
A proposed quarry's perimeter boundary shall have a 30 m vegetation buffer to
mitigate nuisances. When determining the buffer, the Development Officer
must consider:
i
adjacent land Uses;
ii Site proximity to roads; and
iii quarrying best practices when implementing buffering requirements
on a Development Permit or lease.
Crematoriums
a)
All Crematorium approved Uses must comply with the Crematorium
Regulations R-001-2020, as established through the NWT Public Health Act,
SNWT 2007,c.17 SI-007-2009.
b)
The Development Officer may require confirmation through the Development
Permit application that the proposed Crematorium Use conforms to the
regulations identified in Section 9.2.2 (a) of this By-law.
Kennels & Dog Lots (Yellowknife Kennels)
a)
The following regulations apply to Kennels and Dog Lots (Yellowknife Kennels).
i
all applications that involve the temporary or long-term shelter and
keeping of dogs shall comply with the Northwest Territories Statutes
Dog Act, RSNWT (Nu) 1988, c D-7;
ii the applicant shall provide the City with a detailed plan for the
management and disposal of animal waste; and
iii an approved drainage plan is required in order to prevent
contamination of land.
b)
The following regulations shall apply to Dog Lots (Yellowknife Kennels):
i
Dog Lots must be a minimum of 175 m from existing residential Zones;
and
ii an opaque Fence of 2 m shall be required to screen outdoor Dog Lots
from view of neighbouring properties and public rights-of-way or trails.
c)
The following regulation shall apply to Kennels:
i
all Kennels must house dogs indoors between 9:00 PM to 7:00 AM
daily.
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Outdoor Storage
a)
The purpose of Outdoor Storage shall be to store equipment and materials
associated with the day-to-day operations or sales of a business.
b)
Where the Outdoor Storage of raw materials, finished products, and equipment
is permitted on a Lot, such storage shall be concealed from sight from abutting
Lots, Streets or lanes by Screening.
c)
The dimension and position of the Screening shall be at a suitable Grade to
screen from abutting Lots, Streets or lanes and have a minimum Height of 2 m.
Screening is subject to approval by the Development Officer.
d)
Storage of any materials as cited in Section 9.2.4 of this By-Law shall not be
permitted in the required Front Yard Setback of any Lot.
e)
The storage of goods shall be maintained in a neat and orderly manner.
f)
Section 9.2.4 of this By-law shall not limit the customary display of any
commodities or goods intended and permitted to be sold on-Site, or the
storage of fuel, oil or gas in tanks connected to a heating plan on the premises.
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10. Residential Zones and Zone Regulations
10.1.
R1 - Low Density Residential
Purpose
To provide an area for lower Density residential Development that encourages a mix of
Dwelling types and compatible Uses.
Table 10-1: R1 Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Convenience Store
Accessory Use
Planned Development
Community Resource Centre
Similar Use
Day Care Facility
Dwelling
-
Single Detached
-
Duplex
-
In-Home Secondary
-
Detached Secondary
-
Factory-Built
-
Townhouse
-
Multi-Unit
-
Special Care Residence
Home Based Business
Institutional
-
Religious & Education Institutions
Public Parks
Public Utility Uses and Structures
Short-Term Rental Accommodation
Temporary Use
Urban Agriculture, Community
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Table 10-2: R1 Regulations
R1 - Regulations
Single
Detached
Dwelling
Factory-Built
Dwelling
Duplex
Dwelling
Townhouse/
Multi-Unit
Dwelling
Minimum Lot Width
15 m
11 m
15 m (7.5 m
subdivided)
15 m (7.5 m
subdivided)
Maximum Site Area
-
-
1,300 m2
Maximum Lot Coverage
Principal Building
40%
40%
55% combined
55% combined
Accessory Building
15%
15%
Maximum Height
Principal Dwelling
12 m
12 m
12 m
12 m
Accessory Building
Less than the
Height of the
Principal
Dwelling
Less than the
Height of the
Principal
Dwelling
Less than the
Height of the
Principal
Dwelling
Less than the Height
of the Principal
Dwelling
Detached Secondary
Dwelling Unit Above a
Garage
No more than 3
m higher than
the Principal
Building to a
maximum of 12
m
No more than 3
m higher than
the Principal
Building to a
maximum of 12
m
No more than 3
m higher than
the Principal
Building to a
maximum of 12
m
Not applicable
Detached Secondary
Dwelling Unit
No higher than
the Principal
Building to a
maximum of 12
m
No higher than
the Principal
Building to a
maximum of 12
m
No higher than
the Principal
Building to a
maximum of 12
m
Not applicable
Minimum Front Yard Setback (Principal Building)
Front Yard
6 m
6 m
6 m
6 m
Minimum Side Yard Setback
Principal Building -
Interior
1.5 m
1.5 m
1.5 m
1.5 m
Principal Building -
Corner
2 m
2 m
2 m
2 m
Factory-Built Dwelling -
Entrance Side
-
2 m
2 m
-
Factory-Built Dwelling -
Non Entrance Side
-
1.5 m
1.5 m
-
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R1 - Regulations
Single
Detached
Dwelling
Factory-Built
Dwelling
Duplex
Dwelling
Townhouse/
Multi-Unit
Dwelling
Factory-Built Dwelling -
Front Entrance
-
1.5 m (both
sides)
1.5 m (both
sides)
-
Accessory Building -
Interior
1 m
1 m
1 m
1 m
Accessory Building -
Corner
2 m
2 m
2 m
2 m
Minimum Rear Yard Setback
Minimum for a Principal
Building
6 m
6 m
6 m
6 m
Minimum for an
Accessory Building
1 m
1 m
1 m
1 m
Minimum for an
Outdoor Wood Pellet
Boiler
2 m
2 m
2 m
2 m
Projections into Yard Setbacks
Architectural Features
for 3 m or greater
1.2 m
1.2 m
1.2 m
1.2 m
Architectural Features
1.5 m or less for Side
Yard
0.6 m
0.6 m
0.6 m
0.6 m
Unenclosed Deck above
0.6 m in Height front
and rear Yard
40% reduced
setback
40% reduced
setback
40% reduced
setback
40% reduced
setback
Unenclosed Deck less
than 0.6 m in Height
Front Yard
40% reduced
setback
40% reduced
setback
40% reduced
setback
40% reduced
setback
Unenclosed Deck less
than 0.6 m in Height
Rear Yard
1 m from the
Lot boundary
1 m from the
Lot boundary
1 m from the Lot
boundary
1 m from the Lot
boundary
Unenclosed Steps
40% reduced
setback
40% reduced
setback
40% reduced
setback
40% reduced
setback
Accessory Structures
overhanging eaves
0.6 m
0.6 m
0.6 m
0.6 m
R1 - Regulations
Single
Detached
Factory-Built
Dwelling
Duplex
Dwelling
Townhouse/
Multi-Unit
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R1 - Regulations
Single
Detached
Dwelling
Factory-Built
Dwelling
Duplex
Dwelling
Townhouse/
Multi-Unit
Dwelling
Dwelling
Dwelling
Minimum Distance
Between Principal
Building and Accessory
Building/Structure or
between Accessory
Buildings/Structures
1 m
1 m
1 m
1 m
Exceptions
Minimum 3 m
Between a
Principal
Building and
Outdoor Wood
Pellet Boiler
Minimum 3 m
Between a
Principal
Building and
Outdoor Wood
Pellet Boiler
Minimum 3 m
Between a
Principal
Building and
Outdoor Wood
Pellet Boiler
Minimum 3 m
Between a Principal
Building and
Outdoor Wood
Pellet Boiler
Development Regulations
a)
Site Development
i
The Site plan, the relationship between Buildings, Structures and Open
Spaces, the architectural treatment of Buildings, and vehicle circulation
shall be subject to approval by the Development Officer.
ii A Site shall not be developed where significant portions of the Site
cannot accommodate future residential Development and Access.
iii Parking
3) Single Detached Dwellings, driveways shall not exceed two car
widths.
4) Duplex Dwellings, driveways shall not exceed two car widths
without being separated by Landscaping features satisfactory to
the Development Officer.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 8 - Development Regulations Applicable to Residential Zones.
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10.2.
R2 - Medium Density Residential
Purpose
To provide an area for medium to higher Density residential Development that
encourages a mix of Dwelling types and compatible Uses.
Table 10-3: R2 Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Convenience Store
Accessory Use
Similar Use
Community Resource Centre
Day Care Facility
Dwelling
- Single Detached
- Duplex
- In-Home Secondary
- Detached Secondary
- Factory-Built
- Townhouse
- Multi-Unit
- Special Care Residence
Home Based Business
Institutional
- Religious & Educational Institutions
Planned Development
Public Parks
Public Utility Uses and Structures
Short-Term Rental Accommodation
Temporary Use
Urban Agriculture, Community
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Table 10-4: R2 Medium Density Regulations
R2 - Regulations
Single
Detached
Dwelling
Single Detached
Factory-Built
Dwelling
Duplex
Dwelling
Townhouse/
Multi-Unit
Dwelling
Minimum Lot Width
15 m
11 m
15 m (7.5 m
subdivided)
15 m (7.5 m
subdivided)
Maximum Site Area
-
-
9,000 m2
Maximum Lot Coverage
Principal Building
40%
40%
55% combined
55% combined
Accessory Building
15%
15%
Maximum Height
Principal Dwelling
12 m
12 m
12 m
15 m
Accessory Building
Less than the
Height of the
Principal
Dwelling
Less than the
Height of the
Principal Dwelling
Less than the
Height of the
Principal Dwelling
Less than the
Height of the
Principal
Dwelling
Detached Secondary
Dwelling Unit Above a
Garage
No more than 3
m higher than
the Principal
Building to a
maximum of 12
m
No more than 3 m
higher than the
Principal Building
to a maximum of
12 m
No more than 3
m higher than
the Principal
Building to a
maximum of 12
m
-
Detached Secondary
Dwelling Unit
No higher than
the Principal
Building to a
maximum of 12
m
No higher than the
Principal Building
to a maximum of
12 m
No higher than
the Principal
Building to a
maximum of 12
m
-
Minimum Front Yard Setback (Principal Building)
Front Street Access
6 m
1 m
1 m
1 m
Minimum Side Yard Setback
Principal Building -
Interior
1.5 m
1.5 m
1.5 m
3 m
Principal Building -
Corner
2 m
2 m
2 m
3.5 m
Factory-Built Dwelling -
Entrance Side
-
2 m
2 m
-
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R2 - Regulations
Single
Detached
Dwelling
Single Detached
Factory-Built
Dwelling
Duplex
Dwelling
Townhouse/
Multi-Unit
Dwelling
Factory-Built Dwelling -
Non Entrance Side
-
1.5 m
1.5 m
-
Factory-Built Dwelling -
Front Entrance
1.5 m (both sides)
1.5 m (both
sides)
Accessory Building -
Interior
1 m
1 m
1 m
1 m
Accessory Building -
Corner
2 m
2 m
2 m
3.5 m
Minimum Rear Yard Setback
Minimum for a Principal
Building
6 m
6 m
6 m
6 m
Minimum for an
Accessory Building
1 m
1 m
1 m
1 m
Minimum for an
Outdoor Wood Pellet
Boiler
Minimum 2 m
for an Outdoor
Wood Pellet
Boiler
Minimum 2 m for
an Outdoor Wood
Pellet Boiler
Minimum 2 m for
an Outdoor
Wood Pellet
Boiler
Minimum 2 m
for an Outdoor
Wood Pellet
Boiler
Projections into Yard Setbacks
Architectural Features
for 3m or greater
1.2 m
1.2 m
1.2 m
1.2 m
Architectural Features
1.5m or less for Side
Yard
0.6 m
0.6 m
0.6 m
0.6 m
Unenclosed Deck above
0.6m in Height Front
and Rear Yard
40% reduced
setback
40% reduced
setback
40% reduced
setback
40% reduced
setback
Unenclosed Deck less
than 0.6m in Height
Front Yard
40% reduced
setback
40% reduced
setback
40% reduced
setback
40% reduced
setback
Unenclosed Deck less
than 0.6m in Height
Rear Yard
1 m from the
Lot boundary
1 m from the Lot
boundary
1 m from the Lot
boundary
1 m from the
Lot boundary
Unenclosed Steps
40% reduced
setback
40% reduced
setback
40% reduced
setback
40% reduced
setback
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R2 - Regulations
Single
Detached
Dwelling
Single Detached
Factory-Built
Dwelling
Duplex
Dwelling
Townhouse/
Multi-Unit
Dwelling
Accessory Structures
overhanging eaves
0.6 m
0.6 m
0.6 m
0.6 m
Minimum Distance
Between Principal
Building and Accessory
Building/Structure or
between Accessory
Buildings/Structure
1 m
1 m
1 m
1 m
Exceptions
Minimum 3 m
Between a
Principal
Building and
Outdoor Wood
Pellet Boiler
Minimum 3 m
Between a
Principal Building
and Outdoor Wood
Pellet Boiler
Minimum 3 m
Between a
Principal Building
and Outdoor
Wood Pellet
Boiler
minimum 3 m
Between a
Principal
Building and
Outdoor Wood
Pellet Boiler
Development Regulations
a)
Site Development
i
The Site plan, the relationship between Buildings, Structures and Open
Spaces, the architectural treatment of Buildings, and vehicle circulation
shall be subject to approval by the Development Officer.
ii A Site shall not be developed where significant portions of the Site
cannot accommodate future residential Development and Access.
iii Parking
5) Single Detached Dwellings, driveways shall not exceed two car
widths.
6) Duplex Dwellings, driveways shall not exceed two car widths
without being separated by Landscaping features satisfactory to
the Development Officer
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b)
The Front and Rear Yard minimum Setbacks shall be 3m for Lot sizes with less
than 15 m width. These Lots include but are not limited to:
i
Block 163 Plan 4729 (Northlands Trailer Park); and
ii Block 514 Plan 2194 (Bigelow Crescent and Williams Avenue)
iii Block 515 Plan 2193 (Bigelow Crescent and Dusseault Court).
c)
All mechanical equipment, including roof mechanical units, shall be concealed
by Screening in a manner compatible with the architectural character of the
Buildings, or concealed by incorporating it within the Building roof.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 8 - Development Regulations Applicable to Residential Zones.
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10.3.
RC - Residential Central
Purpose
To provide an area that supports the transition to a mix of Uses that include residential,
commercial, Institutional and other compatible Uses through infill Development and
densification of existing developed Lots in the area closest to the City core.
Table 10-5: RC Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Automobile Service Station
Accessory Use
Institutional
-
Special Care Facility
Artisan Studio
Similar Use
Commercial Entertainment
Storage Facility
Commercial Recreation
Commercial Retail Sales and Service
Community Resource Centre
Convenience Store
Day Care Facility
Dwelling:
- Single Detached
- Duplex
- In-Home Secondary
- Detached Secondary
- Factory-Built
- Townhouse
- Multi-Unit
- Special Care Residence
Food and Beverage Services
Home Based Business
Hotel
Institutional
- Religious & Education Institutions
Medical and Health Services
Motel
Office
Personal Services
Planned Development
Public Parks
Public Utility Uses and Structures
Scientific Research and Development
Facility/Laboratory
Short-Term Rental Accommodation
Temporary Building or Structure
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Permitted
Discretionary
Urban Agriculture, Community
Urban Agriculture, Commercial
Table 10-6: RC Residential Central Regulations
RC - Regulations
Single
Detached
Dwelling
Single Detached
Factory-Built
Dwelling
Duplex Dwelling
Townhouse/
Multi-Unit
Dwelling
Minimum Lot Width
15 m
11 m
15 m (7.5 m)
15 m
Maximum Lot Coverage
Principal Building
40%
40%
55% combined
60% combined
Accessory Building
15%
15%
Maximum Height
Principal Dwelling
12 m
12 m
12 m
45 m
Anything over
36 m will need
to be referred
to the
Department of
Infrastructure -
Airports Division
for Height
approval
Accessory Building
Less than the
Height of the
Principal
Dwelling
Less than the
Height of the
Principal Dwelling
Less than the Height
of the Principal
Dwelling
Less than the
Height of the
Principal
Dwelling
Detached Secondary
Suite Above a Garage
No more than 3
m higher than
the Principal
Building to a
maximum of 12
m
No more than 3 m
higher than the
Principal Building
to a maximum of
12 m
No more than 3 m
higher than the
Principal Building to
a maximum of 12 m
-
Detached Secondary
Suite
No higher than
the Principal
Building to a
maximum of 12
m
No higher than
the Principal
Building to a
maximum of 12 m
No higher than the
Principal Building to
a maximum of 12 m
-
Minimum Front Yard Setback (Principal Building)
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RC - Regulations
Single
Detached
Dwelling
Single Detached
Factory-Built
Dwelling
Duplex Dwelling
Townhouse/
Multi-Unit
Dwelling
Front Street Access
Min 6 m
Min 6 m
Min 6 m
Min 6 m
Rear Street Access
Min 3 m
Min 3 m
Min 3 m
Min 3 m
Minimum Side Yard Setback
Principal Building -
Interior
1.5 m
1.5 m
1.5 m
3 m
Principal Building -
Corner
2 m
2 m
2 m
3.5 m
Factory-Built Dwelling
- Entrance Side
-
2.4 m
2.4 m
-
Factory-Built Dwelling
- Non Entrance Side
-
1.5 m
1.5 m
-
Factory-Built Dwelling
- Front Entrance
1.5 m (both sides)
1.5 m (both sides)
Accessory Building -
Interior
1 m
1 m
1 m
1 m
Accessory Building -
Corner
2 m
2 m
2 m
3.5 m
Minimum Rear Yard Setback
Minimum for a
Principal Building
6 m
6 m
6 m
6 m
Minimum for an
Accessory Building
1 m
1 m
1 m
1 m
Minimum for an
Outdoor Wood Pellet
Boiler
Minimum 2 m
for an Outdoor
Wood Pellet
Boiler
Minimum 2 m for
an Outdoor Wood
Pellet Boiler
Minimum 2 m for an
Outdoor Wood
Pellet Boiler
Minimum 2 m
for an Outdoor
Wood Pellet
Boiler
Projections into Yard Setbacks
Architectural Features
for 3 m or greater
1.2 m
1.2 m
1.2 m
1.2 m
Architectural Features
1.5 m or less for Side
Yard
0.6 m
0.6 m
0.6 m
0.6 m
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RC - Regulations
Single
Detached
Dwelling
Single Detached
Factory-Built
Dwelling
Duplex Dwelling
Townhouse/
Multi-Unit
Dwelling
Unenclosed Deck
above 0.6 m in Height
Front and Rear Yard
40% reduced
setback
40% reduced
setback
40% reduced
setback
40% reduced
setback
Unenclosed Deck less
than 0.6 m in Height
Front Yard
40% reduced
setback
40% reduced
setback
40% reduced
setback
40% reduced
setback
Unenclosed Deck less
than 0.6 m in Height
Rear Yard
1 m from the
Lot boundary
1 m from the Lot
boundary
1 m from the Lot
boundary
1 m from the
Lot boundary
Unenclosed Steps
40% reduced
setback
40% reduced
setback
40% reduced
setback
40% reduced
setback
Accessory Structures
overhanging eaves
0.6 m
0.6 m
0.6 m
0.6 m
Minimum Distance
Between Principal
Building and
Accessory
Building/Structure or
between Accessory
Buildings/Structure
1 m
1 m
1 m
1 m
Minimum Distance
Exceptions
Minimum 3 m
Between a
Principal
Building and
Outdoor Wood
Pellet Boiler
Minimum 3 m
Between a
Principal Building
and Outdoor
Wood Pellet
Boiler
Minimum 3 m
Between a Principal
Building and
Outdoor Wood
Pellet Boiler
minimum 3 m
Between a
Principal
Building and
Outdoor Wood
Pellet Boiler
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Table 10-7: RC Residential Central Non-Residential Regulations
RC - Regulations
Mixed Use
Commercial
Institutional
Minimum Lot Width
15 m
15 m
15 m
Maximum Lot Coverage
Principal Building &
Accessory Building
60%
60%
60%
Maximum Height
Principal Building
45 m
Anything over 36 m will
need to be referred to
the Department of
Infrastructure -Airports
Division for Height
approval
45 m
Anything over 36 m will
need to be referred to
the Department of
Infrastructure -Airports
Division for Height
approval
45 m
Anything over 36 m
will need to be
referred to the
Department of
Infrastructure -
Airports Division for
Height approval
Accessory Building
Less than the Height of
the Principal Dwelling
Less than the Height of
the Principal Dwelling
Less than the Height
of the Principal
Dwelling
Minimum Front Yard Setback (Principal Building)
Front Street Access
6 m
6 m
6 m
Rear Street Access
3 m
3 m
3 m
Minimum Side Yard Setback
Principal Building -
Interior
1.5 m
1.5 m
1.5 m
Principal Building -
Corner
2 m
2 m
2 m
Accessory Building -
Interior
1 m
1 m
1 m
Accessory Building -
Corner
2 m
2 m
2 m
Minimum Rear Yard Setbacks
Minimum for a Principal
Building
6 m
6 m
6 m
Minimum for an
Accessory Building
1 m
1 m
1 m
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RC - Regulations
Mixed Use
Commercial
Institutional
Minimum for an
Outdoor Wood Pellet
Boiler
Minimum 2 m for an
Outdoor Wood Pellet
Boiler
Minimum 2 m for an
Outdoor Wood Pellet
Boiler
Minimum 2 m for an
Outdoor Wood Pellet
Boiler
Projections into Yard Setbacks
Architectural Features
for 3 m or greater
setbacks
1.2 m
1.2 m
1.2 m
Architectural Features
1.5 m or less for Side
Yard Setback
0.6 m
0.6 m
0.6 m
Unenclosed Deck above
0.6 m in Height Front
and Rear Yard
40% reduced setback
40% reduced setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height
Front Yard
40% reduced setback
40% reduced setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height
Rear Yard
1 m from the Lot
boundary
1 m from the Lot
boundary
1 m from the Lot
boundary
Unenclosed Steps
40% reduced setback
40% reduced setback
40% reduced setback
Accessory Structures
overhanging eaves
0.6 m
0.6 m
0.6 m
Minimum Distance
Between Principal
Building and Accessory
Building/Structure or
between Accessory
Buildings/Structure
-
-
1 m
Exceptions to Minimum
Distances
Minimum 3 m Between
a Principal Building and
Outdoor Wood Pellet
Boiler
Minimum 3 m Between a
Principal Building and
Outdoor Wood Pellet
Boiler
minimum 3 m
Between a Principal
Building and Outdoor
Wood Pellet Boiler
Section 10.3.1 a) Added by By-law No. 5120 February 25, 2026
a)
A 'Recycling Facility' shall be permitted on a portion of Lot 8 and 9, Block 46,
Plan 140 as identified in Schedule "A" of By-law No. 5120.
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RC-1 Regulations
To provide an area in the RC Zone, that supports minimal transition to a select mix of
Uses that include residential, commercial, Institutional and other compatible Uses while
supporting densification of existing developed Lots in areas close to the City core.
In addition to the regulations of the RC Zone, Tables 10-8 and 10-9 apply.
Table 10-8 RC-1 Permitted and Discretionary Uses
Permitted Uses
Discretionary
Accessory Building
Commercial Recreation
Accessory Use
Food and Beverage Services
Artisan Studio
Institutional
-
Special Care Facility
Commercial Retail Sales and Service
Similar Use
Community Resource Centre
Day Care Facility
Dwelling:
- Single Detached
- Duplex
- In-Home Secondary
- Detached Secondary
- Factory-Built
- Townhouse
- Multi-Unit
Special Care Residence
Home Based Business
Institutional
Religious & Education Institutions
- Medical and Health Services
Personal Services
Planned Development
Public Parks
Public Utility Uses and Structures
Short-Term Rental Accommodation
Temporary Building or Structure
Urban Agriculture, Community
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Table 10-9: RC1 1 Specific Regulations
RC-1 Regulations
Single
Detached
Dwelling
Single Detached
Factory-Built
Dwelling
Duplex Dwelling
Townhouse/
Multi-Unit
Dwelling
Maximum Height
12 m
12 m
12m
12 m
Maximum Site Area
-
-
1,300 m2
Development Regulations
a)
All mechanical equipment, including roof mechanical units, shall be concealed
by Screening in a manner compatible with the architectural character of the
Buildings, or concealed by incorporating it within the Building roof.
b)
Office Use shall not exceed 300 m2.
Design Regulations
a)
Massing for all Buildings with greater than four Storeys abutting the Street,
where possible the step back shall be 6 m for the portion of the Building
fronting the Street, and 3 m for the portion along the side, subject to the
Design Regulations in Section 11.1.3 of this By-law.
b)
Pedestrian Linkages: All Development shall recognize the importance of
maintaining pedestrian linkages by connecting to all sidewalks and trails where
applicable.
c)
Pedestrian access shall be accommodated to public destinations such as transit
stops; public and semi-public Open Space (i.e. patios, Parking Lots, etc.).
d)
Primary entryways into the Development shall be enhanced by way of Building
placement, Landscaping, gates, entry monuments, specialty lighting and other
design elements can be used to create effects.
e)
Primary entrances shall have pronounced, attractive and safe pedestrian Access
and shall not be flanked by parking stalls in accordance with the City's
Development Standards.
Site Specific Development Regulations
a)
For the following areas listed in Table 10-10 the minimum Front and Rear Yard
Setbacks shall be 3 m.
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Table 10-10: RC Specific Setback Regulations
Legal Description
Name
Block 71 Plan 4451, Block 71 Plan 632, Block 72
Plan 1252
Franklin Trailer Park
Block 169 Plan 2589
Trails End Trailer Park
Block 133 Plan 2277
Forrest Park
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 8 - Development Regulations Applicable to Residential Zones.
c)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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10.4.
RE - Residential Estate
Purpose
To provide an area for low Density residential Dwellings outside the built up area, that
has an immediate access to outdoor and water recreation. This Zone is limited to the
current zoning boundary and is not intended to support further Residential Estate
Development.
Table 10-11: RE Permitted and Discretionary Uses
Permitted
Discretionary
Dwelling
- Single Detached
- In-Home Secondary
- Detached Secondary
- Factory-Built
Dwelling
- Duplex
Home Based Business
Similar Use
Public Parks
Public Utility Uses and Structures
Short-Term Rental Accommodation
Temporary Building or Structure
Urban Agriculture, Community
Table 10-12: RE Residential Estate Regulations
RE - Regulations
Single Detached
Single Detached
Factory-Built
Dwelling
Duplex
Minimum Lot Width
30 m
30 m
30 m (15 m subdivided)
Maximum Lot Coverage
Principal Building
35% combined
35% combined
35% combined
Accessory Building
Maximum Height
Principal Dwelling
12 m
12 m
12 m
Accessory Building
Less than the Height of the
Principal Dwelling
Less than the Height
of the Principal
Dwelling
Less than the Height of
the Principal Dwelling
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RE - Regulations
Single Detached
Single Detached
Factory-Built
Dwelling
Duplex
Detached Secondary
Suite Above a Garage
No more than 3 m higher
than the Principal Building
to a maximum of 12 m
No more than 3 m
higher than the
Principal Building to
a maximum of 12 m
No more than 3 m
higher than the
Principal Building to a
maximum of 12 m
Detached Secondary
Suite
No higher than the
Principal Building to a
maximum of 12 m
No higher than the
Principal Building to
a maximum of 12 m
No higher than the
Principal Building to a
maximum of 12 m
Minimum Front Yard Setback (Principal Building)
Front Street Access
6 m
6 m
6 m
Minimum Side Yard Setback
Principal Building -
Interior
3 m
3 m
3 m
Principal Building -
Corner
3 m
3 m
3 m
Factory-Built Dwelling -
Entrance Side
-
3 m
3 m
Factory-Built Dwelling -
Non Entrance Side
-
3 m
3 m
Accessory Building -
Interior
1 m
1 m
1 m
Accessory
Building/Structure -
Corner
2 m
2 m
2m
Minimum Rear Yard Setback
Minimum for a Principal
Building
6 m
6 m
6 m
Minimum for an
Accessory Building
1 m
1 m
1 m
Minimum for an
Outdoor Wood Pellet
Boiler
Minimum 2 m for an
Outdoor Wood Pellet
Boiler
Minimum 2 m for an
Outdoor Wood
Pellet Boiler
Minimum 2 m for an
Outdoor Wood Pellet
Boiler
RE- Regulations
Single Detached
Single Detached
Factory-Built
Dwelling
Duplex
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RE - Regulations
Single Detached
Single Detached
Factory-Built
Dwelling
Duplex
Projections into Yard Setbacks
Architectural Features
for 3 m or greater
1.2 m
1.2 m
1.2 m
Architectural Features
1.5 m or less for Side
Yard
0.6 m
0.6 m
0.6 m
Unenclosed Deck above
0.6 m in Height front
and rear
40% reduced setback
40% reduced
setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height
Front Yard
40% reduced setback
40% reduced
setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height
Rear Yard
1 m from the Lot boundary
1 m from the Lot
boundary
1 m from the Lot
boundary
Unenclosed Steps
40% reduced setback
40% reduced
setback
40% reduced setback
Accessory Structures
overhanging eaves
0.6 m
0.6 m
0.6 m
Minimum Distance
Between Principal
Building and Accessory
Building/Structure or
between Accessory
Buildings/Structure
1 m
1 m
1 m
Minimum Distance
Exceptions
Minimum 3 m Between a
Principal Building and
Outdoor Wood Pellet
Boiler
Minimum 3 m
Between a Principal
Building and
Outdoor Wood
Pellet Boiler
Minimum 3 m Between
a Principal Building and
Outdoor Wood Pellet
Boiler
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Development Regulations
a)
Where a Lot is adjacent to the water the minimum waterfront setback
requirements shall be 10m to the Ordinary High Water Mark (OHWM).
b)
Parking: Single Detached Dwellings require two spaces per Dwelling Unit. Other
Uses are subject to Section 7.8.4 of this By-law.
c)
Only one vehicle access point is permitted per Lot.
d)
Residential Estate Lots shall abide by the regulations detailed in Grace Lake
Development Scheme By-law No. 4676 and the Grace Lake South Area
Development Plan By-law No. 4867.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 8 - Development Regulations Applicable to Residential Zones.
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Section 10.5 RI - Residential Intensification added by By-law No. 5095 October 28, 2024
10.5.
RI - Residential Intensification
Purpose
To provide areas for new or infill residential intensification Developments that supply a
mix of housing options.
Table 10-13: RI Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Convenience Store
Accessory Use
Similar Use
Daycare Facility (accessory)
Dwelling
-
In-Home Secondary
-
Multi-Unit
-
Townhouse
-
Special Care Residence
Home-Based Business
Mixed Use
Planned Development
Public Utility Uses and Structures
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Table 10-14: RI Residential Intensification Regulations
RI - Regulations
Multi-Unit Dwelling/Other
Townhouse Dwelling
Minimum Lot Width
50 m
37.5 m (7.5 m subdivided)
Minimum Site Area
5,000 m2
2,000 m2
Maximum Lot Coverage
65% combined
65% combined
Maximum Height
Principal Building
18 m
15 m
Accessory Building
Less than the Height of the
Principal Building
Less than the Height of the
Principal Building
Minimum Front Yard Setback
Principal Building
1 m
1 m
Accessory Building
Not within the minimum Front
Yard Setback
Not within the minimum Front
Yard Setback
Minimum Side Yard Setback
Principal Building -
Interior*
3 m
3 m
Principal Building -
Corner
3 m
3 m
Accessory Building -
Interior
1 m
1 m
Accessory Building -
Corner
3.5 m
3.5 m
Minimum Rear Yard Setback
Principal Building
6 m
6 m
Accessory Building
1 m
1 m
Projection into Yard Setbacks
Architectural Features
1 m (except front yard)
1 m (except front yard)
Unenclosed Deck and
unenclosed steps
40% reduced setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height
Rear Yard
1 m from the Lot boundary
1 m from the Lot boundary
Accessory Structures
overhanging eaves
0.6 m (except front yard)
0.6 m (except front yard)
Minimum Distance
Any Building to an
Outdoor Wood Pellet
Boiler
3 m
3 m
Between Principal
Building and Accessory
Building/Structure or
between Accessory
Buildings/Structures
1 m
1 m
*Note: minimum Side Yard Setback along party wall in Townhouses shall be 0 m.
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Development Regulations
a) Site Development
i.
A Site shall not be developed where significant portions of the site cannot
accommodate future residential Development and Access.
ii.
Access:
1)
All Developments shall maintain pedestrian linkages by
connecting to all sidewalks and trails where possible; and,
2)
All Developments shall be designed to minimize conflict
between pedestrian and vehicle traffic on site.
b) All mechanical equipment, including roof mechanical units and/or pellet boilers
and pellet silo, shall be concealed by Screening in a manner compatible with the
architectural character of the Buildings, or concealed by incorporating it within
the Building roof or an accessory structure.
Other Regulations
a) See Section 7 - Development Regulations Applicable to All Zones.
b) See Section 8 - Development Regulations Applicable to Residential Zones.
RI-1 Regulations
To provide an area that supports infill of residential intensification that is suitable in
established neighbourhoods or on land with constraints.
All regulations in the RI Zone applies, except Table 10-13 and Table 10-14.
Table 10-15: RI-1 Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Similar Use
Accessory Use
Dwelling
-
Detached Secondary
-
Duplex
-
In-Home Secondary
-
Multi-Unit
-
Townhouse
-
Special Care Residence
Home-Based Business
Planned Development
Public Utility Uses and Structures
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Table 10-16: RI-1 Specific Regulations
RI-1 - Regulations
Duplex
Townhouse Dwelling Multi-Unit/Other
Minimum Lot Width
15 m
19.5 m (6.5m
subdivided)
20 m
Maximum Lot
Coverage
65% combined
65% combined
65% combined
Maximum Height
Principal Building
12 m
12 m
12 m
Accessory Building
Less than the Height
of the Principal
Building
Less than the Height of
the Principal Building
Less than the Height
of the Principal
Building
Detached Secondary
Dwelling Unit above
a Garage
No more than 3 m
higher than the
Principal Building to
a maximum of 12 m
-
-
Detached Secondary
Dwelling Unit
No more than 3 m
higher than the
Principal Building to
a maximum of 12 m
-
-
Minimum Front Yard Setback
Principal Building
3 m
3 m
3 m
Accessory Building
Not within the
minimum Front Yard
Setback
Not within the
minimum Front Yard
Setback
Not within the
minimum Front Yard
Setback
Minimum Side Yard Setback
Principal Building -
Interior *
3 m
3 m
3 m
Principal Building -
Corner
3.5 m
3 m
3 m
Accessory Building -
Interior
1 m
1 m
1 m
Accessory Building -
Corner
3.5 m
3.5 m
3.5 m
Minimum Rear Yard Setback
Principal Building
6 m
6 m
6 m
Accessory Building
1 m
1 m
1 m
Projection into Yard Setbacks
Architectural
Features
1.2 m
1.2 m
1.2 m
Unenclosed Deck and
unenclosed steps
40% reduced
setback
40% reduced setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height
Rear Yard
1 m from the Lot
boundary
1 m from the Lot
boundary
1 m from the Lot
boundary
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Accessory Structures
overhanging eaves
0.6 m
0.6 m
0.6 m
Minimum Distance
Any Building to an
Outdoor Wood Pellet
Boiler
3 m
3 m
3 m
Between Principal
Building and
Accessory
Building/Structure or
between Accessory
Buildings/Structures
1 m
1 m
1 m
*Note: minimum side yard setback along party wall in townhouses shall be 0 m
Infill Design Regulation
a) No blank wall that is visible from the street shall be permitted.
b) Infill development shall orient towards the public street in the same direction as
one adjacent building, where possible.
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11. Commercial Mixed Use Zones and Zone Regulations
11.1.
DT - Downtown
Purpose
To define the downtown area and recognize this as a unique area within the City as the
Principal office, commercial and entertainment district, while providing for supportive medium
and higher Density residential Uses.
Table 11-1: DT Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Dwelling:
-
Single Detached
-
Duplex
Accessory Use
Motel
Animal Services
Parking Structure
Artisan Studio
Planned Development
Automobile Service Station
Similar Use
Brewing/Distilling Establishment & Brewpub
Commercial Entertainment
Commercial Recreation
Commercial Retail Sales and Service
Community Resource Centre
Convenience Store
Convention Centre
Day Care Facility
Dwelling:
-
Detached Secondary
-
In-Home Secondary
-
Townhouse
-
Multi-Unit
-
Special Care Residence
Food and Beverage Services
Food Production Facility
Government Office
Home Based Business
Hotel
Institutional
-
Religious & Education Institutions
-
Recreation Facility
-
Special Care Facility
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Permitted
Discretionary
Mixed Use
Medical and Health Services
Medical Research and Development
Facility/Laboratory
Office
Personal Services
Public Park
Public Utility Uses and Structures
Short-Term Rental Accommodation
Storage Facility
Temporary Use
Urban Agriculture, Community
Table 11-2: DT Downtown Residential Regulations
DT - Regulations
Duplex /Townhouse Dwelling
Multi-Unit Dwelling
Minimum Lot Width
15 m (7.5 m subdivided)
15 m
Maximum Lot Coverage
Principal & Accessory
Building/Structure
60%
100%
Maximum Height
Principal Building
-
45 m**
Accessory
Building/Structure
Less than the Height of the
Principal Dwelling
3 m
Minimum Height
Principal Building
No less than 2 stories
No less than 2 stories
Minimum Front Yard Setback
Front Street Access
6 m
0 m
Rear Street Access***
3 m
0 m
Minimum Side Yard Setback
Principal Building -
Interior
1.5 m
0 m
Exceptions:
Where a Multi-Unit
Dwelling Building abuts
an adjoining Zone
-
2 m
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DT - Regulations
Duplex /Townhouse Dwelling
Multi-Unit Dwelling
Accessory
Building/Structure -
Interior
1 m
1 m
Accessory Building -
Corner Setback
No closer than the Principal
Building
No closer than the Principal Building
Minimum Rear Yard Setback
Minimum for a Principal
Building
6 m
0 m
Minimum for an
Accessory Building
1 m
1 m
Minimum for an Outdoor
Wood Pellet Boiler
Minimum 2 m for an Outdoor
Wood Pellet Boiler
Minimum 2 m for an Outdoor Wood
Pellet Boiler
DT - Regulations
Duplex /Townhouse Dwelling
Multi-Unit Dwelling
Projections into Rear Yard Setback
Architectural Features for
3 m or greater
1.2 m
1.2 m
Architectural Features 1.5
m or less for Side Yard
0.6
0.6 m
Unenclosed Deck above
0.6 m in Height Front and
Rear Yard
40% reduced setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height
Front Yard
40% reduced setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height Rear
Yard
1 m from the Lot boundary
1 m from the Lot boundary
Unenclosed Steps
40% reduced setback
40% reduced setback
Accessory Structures
overhanging eaves
0.6 m
0.6 m
Duplex /Townhouse Dwelling
Multi-Unit Dwelling
Minimum Distance
Between Principal
Building and Accessory
1 m
1 m
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DT - Regulations
Duplex /Townhouse Dwelling
Multi-Unit Dwelling
Building/Structure or
between Accessory
Buildings/Structure
Exceptions
Minimum 3 m Between a
Principal Building and Outdoor
Wood Pellet Boiler
Minimum 3 m Between a Principal
Building and Outdoor Wood Pellet
Boiler
**Anything over 36m will need to be referred to the Department of Infrastructure -Airports Division for
Height approval.
***When there is Rear Access because of a back alley, the Dwelling Unit can sit closer to the front Lot
Line
Table 11-3: DT Downtown Mixed & Non-Residential Regulations
DT - Regulations
Mixed Use
Commercial
(Franklin
Avenue)
Commercial
Other
Institutional
Minimum Lot Width
7.5 m
7.5 m
7.5 m
7.5 m
Lot Coverage
Minimum:
Principal &
Accessory Building
50%
50%
50%
50%
Maximum:
Principal &
Accessory Building
100%
100%
100%
100%
Maximum Height
Principal Building
45 m*
45 m*
45 m*
45 m*
Accessory Building
-
-
-
-
Minimum Height
Principal Building
No less than 2
Storeys
No less than 2
Storeys
No less than 2
Storeys
No less than 2
Storeys
Mixed Use
Commercial
(Franklin Avenue)
Commercial
Other
Institutional
Minimum Yard Setback (Principal Building)
All Lot Lines
0 m
0 m
0 m
0 m
Exceptions:
Where a mixed-Use
or non-residential
2 m
2 m
2 m
2 m
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DT - Regulations
Mixed Use
Commercial
(Franklin
Avenue)
Commercial
Other
Institutional
Building abuts an
adjoining Zone
Minimum Distance
Between Principal
Building and
Accessory
Building/Structure or
between Accessory
Buildings/Structures
-
-
-
1 m
Exceptions
Minimum 3 m
Between a
Principal Building
and Outdoor
Wood Pellet
Boiler
Minimum 3 m
Between a
Principal Building
and Outdoor
Wood Pellet Boiler
Minimum 3 m
Between a
Principal Building
and Outdoor
Wood Pellet Boiler
minimum 3 m
Between a
Principal Building
and Outdoor
Wood Pellet Boiler
* Anything over 36 m will need to be referred to the Department of Infrastructure -Airports Division for
Height approval.
Development Regulations
a)
All land Use in the Capital Area is subject to the Capital Area Development Plan
By-law No. 4940, as amended.
b)
All mechanical equipment, including roof mechanical units, shall be concealed
by Screening in a manner compatible with the architectural character of the
Buildings, or concealed by incorporating it within the Building roof.
c)
Mixed Use
i
Where residential Uses are combined with other non-residential Uses
within a Building, the residential Use shall not be permitted at or below
the Street level of the Building unless designed as part of a live-work
unit.
d)
Ground Floor Retail
i
In the DT-Zone, Office buildings with a Building footprint of 800 m2, or
greater, and a minimum of four Storeys, shall include on the ground
floor a Use that is commercial in nature.
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Design Regulations
In addition to all of the other requirements of this By-law, all Development within the
"DT" shall be subject to the following design regulations. The objective of the design
regulations is to strive for visually interesting and appealing Buildings and a pedestrian
oriented Street environment. The applicant shall refer to the City's Smart Growth
Development Plan - Yellowknife Downtown Façade Improvement Guidelines for
examples of appropriate Building Façade treatment. Development proposals in
Downtown must consider the following design elements.
a)
Amenity Space
i
New Development with any one portion of the Building exceeding 35 m
horizontal wall dimensions along a public Street, and where the
Building is four Storeys or greater, shall provide outdoor Amenity
Space.
ii Buildings located on Corner Lots shall only be required to provide one
Amenity Space, with the longest horizontal wall dimension along a
public Street being used to calculate the Amenity Space requirement
iii Minimum 50 m2 of Amenity Space shall be provided with an additional
5 m2 of Amenity Space provided for each additional 10 m of lineal
frontage.
iv Where Amenity Spaces are required or provided in conjunction with a
Development, they shall be designed in such a manner as to provide
for the comfort, visual interest and safety of the pedestrian.
v Forms of Landscaping, for Amenity Spaces, may include, but are not
limited to the following elements:
7) widening of sidewalks to accommodate public gathering spaces;
8) Landscaping, including trees, shrubs and planters;
9) benches, ledges or broad stairs;
10) monuments and/or public art;
11) public information displays; and
12) related Street furniture.
vi Amenity Spaces are encouraged to be at the same Grade as the
adjacent sidewalk area in order to extend the public sidewalk
environment.
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vii Amenity Spaces shall provide for the continuity of pedestrian
movement. The Development Officer may consider railings and barriers
to an Amenity Space only where it is to be Used for the purpose of
Food and Beverage Services.
viii Existing trees shall be incorporated into Amenity Spaces where
possible.
b)
Massing
i
For those Buildings along Franklin Avenue with greater than four
Storeys, a step back shall be employed for that portion of the Building
extending beyond the fourth Storey and abutting a Street. The step
back shall be at least 6m for the portion of the Building along Franklin
Avenue, and at least 3 m for the portion along the side.
ii For all other Buildings with greater than four Storeys abutting the
Street, where possible, the step back shall be 6 m for the portion of the
Building fronting the Street, and 3 m for the portion along the side.
c)
Building Orientation and Articulation
i
Buildings shall be sited to address adjacent public Streets and are to be
oriented to be directly accessible from public sidewalks.
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ii Where Buildings are located in proximity to Street corners, their design
shall address both Streets through massing, Building articulation and
Landscape design and give prominence to the Street corner.
iii The main entrance of a Building shall be sited on the Street side to
promote pedestrian Access. The main entrance of the Building shall
also provide a sense of enclosure and be designed to give maximum
protection from wind and snow for comfortable and safe pedestrian
Access.
iv To promote a high degree of design and increase the quality of the
pedestrian realm, articulation of Buildings is required. This may be
achieved in a variety of ways, including changes in both materials and
material treatments.
v All Buildings will be designed in such a way to have a base, middle and
top
13) Base: To be within the first four Storeys, the base shall be clearly
defined as it will have the most interaction with the pedestrian
environment.
14) Middle: That portion of the Building extending beyond the base,
the middle section has the potential to be the largest section of
the Building, shall contribute positively to the overall streetscape
through the employment of varied architectural treatments.
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15) Top: The roof design shall compliment the rest of the Building. All
mechanical equipment shall be concealed by Screening, or
incorporated into the architecture.
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d)
Façades and Materials
i
Colour schemes shall be complementary to existing context and
adjacent Development. A minimum of two colours excluding roof
colour visible from the Street, are required for each Building.
ii Building materials shall be functional and aesthetic. Durable, high
quality materials shall be used on all Building faces.
iii A minimum of two major exterior materials, excluding fenestration
shall be used on each elevation. These materials must be
complementary to achieve a unified Building image.
iv Brick, stone, or other appropriate quality material shall be used for the
base of the Building. Metal shall only be used as a complimentary
finish.
v Finished exterior surfaces shall extend to no less than 15 cm above the
finished Grade level.
e)
Building Design
i
Development shall accommodate pedestrian access to public
destinations such as transit stops, public and semi-public Open Space
(i.e. patios, Parking Lots, etc.).
ii Primary entryways into the Development shall be enhanced by way of
Building placement, Landscaping, gates, entry monuments, specialty
lighting and other design elements can be used to create effects.
iii Primary entrances shall have pronounced, attractive and safe
pedestrian Access and shall not be flanked by parking stalls in
accordance with the City's Development Standards.
iv Front Entrances - for those Buildings located along Franklin Avenue,
the front entrances shall be located on Franklin Avenue. Entrances
shall be well defined and emphasized. A main entrance fronting a
public road shall include a minimum of two design elements, such as:
Canopies, porticos, roof overhangs, varied roof forms, architectural
tilework, and moldings integrated into the Building design or other
architectural design elements.
v Where Buildings with varying Heights are proposed, the tallest
Buildings or part(s) of, shall be located furthest from any adjacent pre-
existing low rise built form to mitigate shadow Impacts.
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vi Applicants shall refer to the City's Smart Growth Development Plan -
Yellowknife Downtown Façade Improvement Guidelines for examples
of appropriate Façade treatment.
vii Building fenestration design and placement of windows and doors shall
enhance the pedestrian streetscape as follows:
16) eliminating blank walls along Street frontages;
17) for all commercial and food/beverage service Uses, 50% of the
horizontal dimension of a ground floor Street facing Façade shall
have windows; and
18) darkly tinted and reflective glass is prohibited.
f)
Parking Regulations
In addition to the regulations in Section 7.8 of this By-Law, the following apply:
i
Parking Lots and free standing Parking Structures abutting Franklin
Avenue are not permitted;
ii surface Parking Lots, loading and trash collection areas are not
permitted in the Front Yard or flanking Street side of the Principal
Buildings;
iii where possible, Parking Spaces for all multi-attached Development
shall be provided in the Rear Yard accessed from the lane. For all other
Development, wherever possible, laneways shall be the point of access
to parking, loading and trash collection areas; and
iv surface Parking Areas shall have a 1m setback on all non-Building sides
that is Landscaped.
g)
Pedestrian Linkages: All Development shall recognize the importance of
maintaining pedestrian linkages by connecting to all sidewalks and trails where
applicable.
h)
Wind Protection
i
For those Buildings which exceed four Storeys in Height above Grade
and exceed 1,500 m2 of Gross Floor Area, the Development Officer
shall require as part of a Development Permit, a preliminary wind
Impact statement, or a detailed wind Impact study, or both. Such
information shall be prepared by a recognized wind consultant and
shall indicate how the massing of a proposed Development has been
arranged to minimize wind speed Impacts at the pedestrian level.
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i)
Sun Penetration
i
For those Buildings which exceed four Storeys in Height above Grade
and exceed 1,500 m2 of Gross Floor Area, the Development Officer
shall require as part of a Development Permit, a sun shadow Impact
study. Such information shall be prepared by a qualified architect or
engineer, and shall indicate design alternative to minimize shadows
cast on adjoining Streets and properties. Shadow cast models of
adjoining Development shall also be provided where appropriate.
Shadow cast models shall be provided to indicate those shadows cast
by a proposed Development at 8:30 am, 12:30 pm, and 4:30 pm
Mountain Standard Time (MST) on March 21, June 21 and September
21.
ii For those Developments providing an Amenity Space, the Amenity
Space shall be oriented on-Site such that it is provided with the
greatest potential for sun penetration. For a typical Site, this would
require that an Amenity Space be provided with a southern and/or
western orientation.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 8 - Development Regulations Applicable to Residential Zones.
c)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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11.2.
CS - Commercial Service
Purpose
To provide for commercial areas outside the downtown core and along the major
transportation corridors for Use that require large Lots and a high degree of accessibility
to these corridors.
Table 11-4: CS Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building
Industrial, Light
Accessory Use
Institutional
-
Special Care Facility
Animal Services
Similar Use
Artisan Studio
Automobile Repair
Automobile Sales
Automobile Service Station
Automobile Wash Facility
Brewing/Distilling Establishment & Brewpub
Commercial Entertainment
Commercial Recreation
Commercial Retail Sales and Service
Community Resource Centre
Contractor Services
Convenience Store
Day Care Facility
Drive-Through (as an Accessory Use)
Institutional
-
Recreation Facility
-
Religious & Educational Facility
Food and Beverage Services
Equipment Rental & Repair
Home Based Business
Hotel
Medical and Health Services
Medical Research and Development
Facility/Laboratory
Mixed Use
Motel
Multi-Unit Dwelling
Office
Personal Services
Public Parks
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Permitted Uses
Discretionary Uses
Public Utility Uses and Structures
Recycling Facility
Scientific Research and Development
Facility/Laboratory
Short-Term Rental Accommodation
Storage Facility
Temporary Use
Urban Agriculture, Commercial
Urban Agriculture, Community
Table 11-5: CS Regulations
CS - Regulations
Mixed Use
Commercial/Institutional
Minimum Lot Width
15 m
30 m
Maximum Lot Coverage
Principal & Accessory
Building
50%
50%
Maximum Height
Principal Building
15 m
15 m
Accessory Building
12 m
12 m
Minimum Yard Setback (Principal Building)
Front Yard
7.5 m
7.5 m
Side Yard
3 m
3 m
Rear Yard
3 m
3 m
Projections into Yards Setbacks
Architectural Features for
3 m or greater
1.2 m
1.2 m
Architectural Features 1.5
m or less for Side Yard
0.6 m
0.6 m
Unenclosed Deck above
0.6 m in Height Front and
Rear Yard
40% reduced setback
40% reduced setback
Unenclosed Deck less than
0.6 m in Height Front Yard
40% reduced setback
40% reduced setback
Unenclosed Deck less than
0.6m in Height Rear Yard
1 m from the Lot boundary
1 m from the Lot boundary
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CS - Regulations
Mixed Use
Commercial/Institutional
Unenclosed Steps
40% reduced setback
40% reduced setback
Accessory Structures
overhanging eaves
0.6 m
0.6 m
Minimum Distance
Between Principal Building
and Accessory
Building/Structure or
between Accessory
Buildings/Structures
1 m
1 m
Exceptions
Minimum 3 m Between a
Principal Building and Outdoor
Wood Pellet Boiler
Minimum 3 m Between a Principal
Building and Outdoor Wood Pellet
Boiler
Development Regulations
a)
b)
All mechanical equipment, including roof mechanical units, shall be concealed
by Screening in a manner compatible with the architectural character of the
Buildings, or concealed by incorporating it within the Building roof.
c)
Lot Development
d)
For Developments where the Parking Area exceeds 20 spaces the applicant
shall demonstrate pedestrian oriented linkages from Principal Building to public
transit system.
e)
Where a Development is located adjacent to a Residential Zone the applicant
shall incorporate Landscape and or Screening into the Landscape design to
provide adequate buffering and separation from residential Uses.
Use Regulations
a)
Outdoor Storage
i
Lots for Outdoor Storage or display of automobiles, machinery
equipment or construction materials, may be allowed in front of the
Principal Building or on a flanking Street side of the Principal Building
and subject to the following conditions:
19) the display area must be Hard Surfaced;
20) the area around the display area must be enhanced through the
provision of Landscaping;
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21) lighting of the display area is sufficient only to provide for display
or attraction and does not direct light off of the display area or to
adjacent properties;
22) all advertisement copy must be static and employ no amplified
sounds; and
23) Outdoor Storage and trash collection areas shall be located to the
rear or side (other than a flanking Street side) of the Principal
Buildings and shall be screened from the public view by a solid
Fence or other similar Screening.
b)
Drive-Through
i
The Development Officer shall require a Site plan that adequately
shows vehicle circulation of on-Site automobile-queuing aisles.
ii Where possible, the Lot shall be designed to minimize risks from the
interaction of automobile-queuing and parking.
iii Where a Drive-Through abuts a residential Use, Screening shall be
required to mitigate Impacts from noise, traffic and signage.
iv All vehicle entrances and exits for the Uses indicated shall be
adequately separated with the traffic lanes signed.
v All queuing lanes shall be curbed or painted so that the safety and
efficiency of on-Site traffic is maximized.
vi Queuing of vehicles for Drive-Through activities shall not occur or have
any Impact on public roadways;
c)
Office Use shall not exceed 300 m2.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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11.3.
OT - Old Town Mixed Use
Purpose
To provide an area for a mix of commercial and residential Use that recognizes and
respects the unique features and historical significance of Old Town, but also supports
increased tourism and commercial activities.
Table 11-6: OT Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Hotel
Accessory Use
Industrial, Light
Artisan Studio
Institutional
-
Religious & Educational Facility
-
Special Care Facility
Brewing/Distilling Establishment & Brewpub
Medical and Health Services
Commercial Entertainment
Motel
Commercial Recreation
Similar Use
Commercial Retail Sales and Service
Community Resource Centre
Convenience Store
Day Care Facility
Dwelling:
-
Single Detached
-
Duplex
-
In-Home Secondary
-
Detached Secondary
-
Factory-Built
-
Townhouse
-
Multi-Unit
Food and Beverage Services
Float Plane Base
Home Based Business
Institutional
-
Recreation Facility
Marina
Mixed Use
Office
Personal Services
Planned Development
Public Parks
Public Utility Uses and Structures
Scientific Research and Development
Facility/Laboratory
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Permitted
Discretionary
Short-Term Rental Accommodation
Storage Facility
Temporary Use
Urban Agriculture, Commercial
Urban Agriculture, Community
Table 11-7: OT Residential Regulations
OT - Regulations
Single Detached
Dwelling
Duplex Dwelling
Townhouse/Multi-
Unit Dwelling
Minimum Lot Width
15 m
15 m (7.5 m subdivided)
15 m (7.5 m subdivided)
Maximum Lot Coverage
Principal & Accessory
Building
50%
50%
50%
Maximum Height
Principal Building
12 m
12 m
12 m
Accessory Building
Less than the Height of
the Principal Dwelling
Less than the Height of
the Principal Dwelling
Less than the Height of
the Principal Dwelling
Minimum Front Yard Setback (Principal Building)
Front Street Access
6 m
6 m
6 m
Rear Street Access
3 m
3 m
3 m
Minimum Side Yard Setback
Principal Building -
Interior
2 m
2 m
2 m
Principal Building
Corner
2.5 m
2.5 m
2.5 m
Accessory Building -
Interior
1 m
1 m
1 m
Accessory Building -
Corner
No closer to the Lot Line
than the Principal
Building
No closer to the Lot
Line than the Principal
Building
No closer to the Lot
Line than the Principal
Building
Minimum Rear Yard Setback
Minimum for a
Principal Building
6 m
6 m
6 m
Minimum for an
Accessory Building
1 m
1 m
1 m
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OT - Regulations
Single Detached
Dwelling
Duplex Dwelling
Townhouse/Multi-
Unit Dwelling
Minimum for an
Outdoor Wood Pellet
Boiler
Minimum 2 m for an
Outdoor Wood Pellet
Boiler
Minimum 2 m for an
Outdoor Wood Pellet
Boiler
Minimum 2 m for an
Outdoor Wood Pellet
Boiler
Projections into Rear Yard Setback
Architectural Features
for 3m or greater
1.2 m
1.2 m
1.2 m
Architectural Features
1.5 m or less for Side
Yard
0.6 m
0.6 m
0.6 m
Unenclosed Deck
above 0.6 m in Height
Front and Rear Yard
40% reduced setback
40% reduced setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height
Front Yard
40% reduced setback
40% reduced setback
40% reduced setback
Unenclosed Deck less
than 0.6 m in Height
Rear Yard
1 m from the Lot
boundary
1 m from the Lot
boundary
1 m from the Lot
boundary
Unenclosed Steps
40% reduced setback
40% reduced setback
40% reduced setback
Accessory Structures
overhanging eaves
0.6 m
0.6 m
0.6 m
Minimum Distance
Between Principal
Building and
Accessory
Building/Structure or
between Accessory
Buildings/Structures
1 m
1 m
1 m
Exceptions
Minimum 3 m Between a
Principal Building and
Outdoor Wood Pellet
Boiler
Minimum 3 m Between
a Principal Building and
Outdoor Wood Pellet
Boiler
Minimum 3 m Between
a Principal Building and
Outdoor Wood Pellet
Boiler
Table 11-8: OT Non-Residential Regulations
OT - Regulations
Mixed Use
Commercial,
Hotel/Motel
Industrial, Light
Minimum Lot Width
15 m
15 m
15 m
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OT - Regulations
Mixed Use
Commercial,
Hotel/Motel
Industrial, Light
Maximum Lot Coverage
Principal & Accessory
Building
50%
50%
50%
Maximum Height
Principal Building
12 m
12 m
12 m
Accessory Building
Less than the Height of
the Principal Dwelling
Less than the Height of
the Principal Dwelling
Less than the Height of
the Principal Dwelling
Minimum Yard Setback (Principal Building)
Front Yard
6 m
6 m
6 m
Side Yard
2 m
2 m
2 m
Rear Yard
6 m
6 m
6 m
Minimum Distance
Between Principal
Building and Accessory
Building/Structure or
between Accessory
Buildings/Structures
1 m
1 m
1 m
Exceptions
Minimum 3 m Between
a Principal Building and
Outdoor Wood Pellet
Boiler
Minimum 3 m Between
a Principal Building and
Outdoor Wood Pellet
Boiler
Minimum 3 m
Between a Principal
Building and Outdoor
Wood Pellet Boiler
Development Regulations
a)
Where a Development is located adjacent to a Residential Zone the applicant
shall incorporate Landscape and or Screening into the Landscape design to
provide adequate buffering and separation from residential Uses.
b)
Where a Development abuts Great Slave Lake the applicant shall refer to
Section 7.12 Shoreline Development of this By-law.
c)
All mechanical equipment, including roof mechanical units, shall be concealed
by Screening in a manner compatible with the architectural character of the
Buildings, or concealed by incorporating it within the Building roof.
d)
Office Use shall not exceed 300 m2.
Design Guidelines
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a)
Old Town is recognized as a major part of the unique character and personality
of Yellowknife and the neighbourhood is characterized by an eclectic rhythm,
human scale Streets, and natural features. Development Proposals in Old Town
shall consider the following design elements.
b)
Materials - Materials shall echo existing Façade or cladding materials found in
Old Town.
i
Wood - stained, charred, painted, and unfinished; and metal -
galvanized, corrugated tin, and weathered steel are all commonly
found elements in Old Town.
ii Using recycled materials can replicate an appearance that is suitable
with Old Town's eclectic character.
iii Extensive Use of synthetic materials are discouraged for Façade or
cladding materials.
c)
Rhythm - Patterns, rhythms and colour can promote the relationship between
Old Town Buildings and the pedestrian environment.
i
Building design shall enhance the streetscape and compliment the
characteristics of Old Town by drawing reference to existing Façades
and architectural styles.
ii Rhythm shall be created within the Building Façade by using recurring
architectural elements intermittently while demonstrating an eclectic
and varied appearance.
iii Vertical and horizontal articulations shall be used to break up the mass
of a larger-scale Building.
iv The Use of colour to accentuate Building features and create visual
interest shall align with in-situ colours from existing Old Town Buildings
and the surrounding natural environment.
d)
Height and Massing - Variations in Building Height and massing add interest to
the streetscape and help integrate new Development into the neighbourhood.
i
Building design shall reflect and complement the varied roofline of
Buildings within Old Town.
ii Massing of a Building shall be designed so that the pedestrian realm is
strongly considered.
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Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 8 - Development Regulations Applicable to Residential Zones.
c)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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12. Industrial/Solid Waste Management Use Zones and Zone
Regulations
12.1.
KL - Kam Lake
Purpose
To provide an area for commercial, Light Industrial and compatible Uses with Accessory
residential Use.
Table 12-1: KL Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Automobile Wrecker
Accessory Residential Dwelling
- Single Detached
- Detached Secondary
- In-Home Secondary
- Factory-Built
Float Plane Base
Accessory Use
Food and Beverage Services
Animal Services
Industrial, Heavy
Automobile Sales
Kennels
Automobile Repair
Similar Use
Automobile Service Station
Transportation Facility
Automobile Wash Facility
Brewing/Distilling Establishment
Cannabis Production & Distribution
Card Lock Facility
Commercial Recreation
Commercial Retail Sales and Service
Contractor Services
Convenience Store
Equipment Rental & Repair
Factory-Built Dwelling Sales and Storage
Fleet Service
Food Production Facility
Home Based Business
Industrial, Light
Office (Accessory Use)
Outdoor Storage
Outdoor Storage Facility
Public Utility Uses and Structures
Recycling Facility
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Permitted
Discretionary
Scientific Research and Development
Facility/Laboratory
Storage Facility
Temporary Use
Urban Agriculture, Commercial
Urban Agriculture, Community
Workers Accommodation
Table 12-2: KL Regulations
KL - Regulations
All Uses
Minimum Lot Width
30 m
Flag Lot
Minimum 10m for pole portion, minimum 35m for
the flag portion
Maximum Lot Coverage
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KL - Regulations
All Uses
All Buildings including Principal Building,
Accessory Residential Building and other
Accessory Buildings or Structures
50%
Maximum Height
Principal Building
15 m
Accessory Residential Building
12 m
Accessory Building
Dwelling attached to an approved Building
15 m
Detached Secondary Dwelling
No more than 3 m higher than the Principal Building
to a maximum of 12 m
Minimum Yard Setback (Principal Building)
Front Yard
6 m
Side Yard
1.5 m
Rear Yard
3 m
Minimum Yard Setback (Accessory Buildings or Structures)
Accessory Residential Building
1 m
Outdoor Wood Pellet Boiler
2 m
Projections into Rear Yard Setback
Architectural Features for 3m or greater
1.2 m
Architectural Features 1. 5m or less for Side Yard
0.6 m
Unenclosed Deck above 0.6 m in Height front and
rear
40% reduced setback
Unenclosed Deck less than 0.6 m in Height Front
Yard
40% reduced setback
Unenclosed Deck less than 0.6 m in Height Rear
Yard
1 m from the Lot boundary
Unenclosed Steps
40% reduced setback
Accessory Structures overhanging eaves
0.6 m
All Uses
Minimum Distance
Between Principal Building and Accessory
Building/Structure or between Accessory
Buildings/Structures
1 m
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KL - Regulations
All Uses
Minimum Distance Between a Principal Building
and Outdoor Wood Pellet Boiler
3 m
Non-Residential Development Regulations
a)
The industrial Uses in this Zone shall be developed to minimize Impacts to
surrounding residential Buildings and not cause any disruptive conditions
beyond the confines of the Building in which they are located. A minimum 15 m
buffer shall be maintained between residential Zoned Lots and Industrial, Light
Lots.
b)
All Outdoor Storage areas shall:
i
be screened from abutting roads and residential Dwellings on adjacent
properties; and,
ii Comply with additional regulations in Section 9.2.4 of this By-law.
c)
Office Use
i
Shall be related to and accessory to the Principal Use and shall not
exceed 20% of the Gross Floor Area of the Principal Structure on-Site.
d)
Food and Beverage Services:
i
Brewpubs and other food services are not permitted in association
with Brew/Distilling Establishments the Kam Lake zone.
Accessory Residential Development Regulations
a)
No Dwelling unit shall be permitted unless an established Industrial or
Commercial Use operating on-Site in the form of a Structure having a minimum
Gross Floor Area of 93 m2.
b)
Accessory Dwellings, including Detached Secondary Dwelling in a detached
garage shall:
i
have direct and separate access to the outside ground level; and
ii be serviced with municipal water and sewer.
c)
Workers Accommodation
i
Permitted Dwelling Unit types include: Single Detached Dwelling,
Factory-Built Dwelling, Detached Secondary Dwelling and Dwelling Unit
attached to an approved Building; and
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ii demonstrate evidence of an established Industrial or Commercial Use
operating on the Lot in the form of a Structure having a minimum
Gross Floor Area of 93 m2.
Other Regulations
d)
See Section 7 - Development Regulations Applicable to All Zones.
e)
See Section 8 - Development Regulations Applicable to Residential Zones.
f)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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12.2.
KLS 1 - Kam Lake South One
Purpose
To provide land for Development of Commercial Recreation, Dog Lots (Yellowknife
Kennels) and Urban Agriculture operations Uses with accessory residential Use.
Table 12-3: KLS 1 Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Float Plane Base
Accessory Residential Dwelling
- Single Detached
- In-Home Secondary
- Detached Secondary
- Factory-Built
Food and Beverage Services
Accessory Use
Hotel
Commercial Recreation
Motel
Communication Tower
Similar Use
Dog Lot (Yellowknife Kennel)
Home Based Business
Public Utility Uses and Structures
Short-Term Rental Accommodation
Temporary Use
Urban Agriculture, Commercial
Urban Agriculture, Community
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Table 12-4: KLS 1 Regulations
KLS 1 - Regulations
All Uses
Minimum Lot Width
30 m
Flag Lot
Minimum 10m for pole portion,
Minimum 30m for the flag portion
Maximum Lot Coverage
All Buildings including Principal Building, Accessory
Residential Building and other Accessory Buildings
or Structures
50%
Maximum Height
Principal Building
15 m
Accessory Residential Building
12 m
Accessory Building
Detached Secondary Dwelling Above a Garage
No more than 3 m higher than the Principal
Building to a maximum of 12 m
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KLS 1 - Regulations
All Uses
Detached Secondary Dwelling
No more than 3 m higher than the Principal
Building to a maximum of 12 m
Minimum Yard Setbacks (Principal Building)
Front Yard
6 m
Side Yard
3 m on the other side
Side Yard Exceptions
10 m for Dog Lots (Yellowknife Kennels)
Rear Yard
3 m
Minimum Yard Setbacks (Accessory Building)
Accessory Residential Building Accessory Building
1 m
Exceptions
10 m for Dog Lots (Yellowknife Kennels)
Outdoor Wood Pellet Boiler
2 m
Projections into Yard Setbacks
Architectural Features for 3 m or greater
1.2 m
Architectural Features 1.5 m or less for Side Yard
0.6 m
Unenclosed Deck above 0.6 m in Height Front and
Rear Yard
40% reduced setback
Unenclosed Deck less than 0.6 m in Height Front
Yard
40% reduced setback
Unenclosed Deck less than 0.6 m in Height Rear
Yard
1 m from the Lot boundary
Unenclosed Steps
40% reduced setback
Accessory Structures overhanging eaves
0.6 m
Minimum Distance
Between Principal Building and Accessory
Building/Structure or between Accessory
Buildings/Structures
1 m
Exceptions
3 m
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Accessory Residential Development
a)
No Dwelling Unit shall be Permitted unless there is an established Principal Use
operating on-Site.
b)
Accessory Dwellings, including a Detached Secondary Dwelling in a detached
garage shall:
i
have direct and separate access to the outside ground level; and
ii be serviced with municipal water and sewer.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones
b)
See Section 8 - Development Regulations Applicable to Residential Zones
c)
See Section 9 - Development Regulations Applicable to Non-Residential Zones
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12.3.
KLS 2 - Kam Lake South Two
Purpose
To provide land dedicated for Natural Resource Extraction, Commercial Recreation and
Urban Agricultural activities.
Table 12-5: KLS 2 Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Industrial, Heavy
Accessory Use
Similar Use
Commercial Recreation
Composting Facility
Communication Tower
Natural Resource Extraction
Public Utility Uses and Structures
Recycling Facility
Temporary Use
Urban Agriculture, Commercial
Urban Agriculture, Community
Table 12-6: KLS 2 Regulations
KLS 2 Regulations
All Uses
Minimum Lot Width
30 m
Maximum Lot Coverage
All buildings including Principal Building, and
Accessory Buildings or Structures
30%
Maximum Height
Principal Building
15 m
Accessory Building
Less than Principal Building
All Yard Setbacks
All Buildings
6 m
Minimum for an Outdoor Wood Pellet Boiler
2 m
Minimum Distance
Between Principal Building and Accessory
Building/Structure or between Accessory
Buildings/Structures
1 m
Exceptions
Minimum 3 m Between a Principal Building and
Outdoor Wood Pellet Boiler
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Use Regulations
a)
Natural Resource Extraction Use applications are subject to additional
regulations in Section 9.2.1 of this By-law.
Section 12.3.2. b) Added by By-law No. 5079 March 25, 2024
b)
A campground shall be permitted on a portion of Lot 3, Block 569, Plan 4219 as
identified in Schedule "A" of By-law No. 5079.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones
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12.4.
IG - Industrial General
Purpose
To provide an area for medium to Heavy Industrial Uses including Bulk Fuel Storage,
truck staging and Outdoor Storage.
Table 12-7: IG Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building
Animal Services
Accessory Use
Similar Use
Automobile Repair
Automobile Sales
Automobile Service Station
Automobile Wash Facility
Automobile Wrecker
Brewing/Distilling Establishment
Bulk Fuel Storage
Cannabis Production & Distribution
Card Lock Facility
Composting Facility
Communication Tower
Contractor Services
Crematorium
Equipment Rental & Repair
Factory-Built Dwelling Sales and Storage
Fleet Service
Industrial, Heavy
Industrial, Light
Office (Accessory Use)
Outdoor Storage
Outdoor Storage Facility
Public Utility Uses and Structures
Recycling Facility
Scientific Research and Development
Facility/Laboratory
Storage Facility
Temporary Use
Transportation Facility
Urban Agriculture, Commercial
Warehousing and Distribution
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Table 12-8: IG Regulations
IG - Regulations
All Uses
Minimum Lot Width
30 m
Maximum Lot Coverage
All Buildings including Principal Building, and
Accessory Buildings or Structures
60%
Maximum Height
Principal Building
17 m
Accessory Building
17 m
All Yard Setbacks for all Buildings
Front Yard
6 m
Rear Yard
3 m
Side Yard
1 m
Minimum for an Outdoor Wood Pellet Boiler
2 m
Minimum Distance
Between Principal Building and Accessory
Building/Structures or between Accessory
Buildings/Structures
1 m
Exceptions
Minimum 3 m Between a Principal Building and
Outdoor Wood Pellet Boiler
General Development Regulations
a)
There shall be a 100 m cleared buffer around a tank farm. No vegetation or
Landscaping is allowed.
IG Industrial General - Use Regulations
a)
All Outdoor Storage areas shall:
i
be screened from abutting roads and residential Dwellings on adjacent
properties;
ii comply with additional regulations in Section 9.2.4 of this By-law.
b)
Office Use
i
Shall be related to and accessory to the Principal Use and shall not
exceed 20% of the Gross Floor Area of the Principal Structure on-Site.
c)
Food and Beverage Services:
i
Brewpubs and other food services are not permitted in association
with Brew/Distilling Establishments the Kam Lake zone.
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d)
Bulk Fuel Storage
i
Minimum separation distance between Bulk Fuel Storage and land
Uses that may not be compatible must follow any applicable
regulations related to Bulk Fuel Storage and best practices.
e)
Site Access
i
Direct access from the by-pass road is prohibited unless no alternatives
exists.
ii Access driveways shall have a maximum width of 10 m.
iii No more than two driveways shall be permitted.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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12.5.
SWM - Solid Waste Management
Purpose
The Solid Waste Management Zone is an area that is designated for the City's solid
waste disposal and will provide the space and allow for appropriate Uses that are
necessary for the City to achieve its waste management objectives and diversion targets
as set out in the 2018 Strategic Waste Management Plan.
Table 12-9: SWM Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Industrial, Heavy
Accessory Use
Similar Use
Composting facility
Communication Tower
Industrial, Light
Natural Resource Extraction
Office (Accessory Use)
Public Utility Uses and Structures
Recycling Facility
Solid Waste Processing Facility
Temporary Use
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Table 12-10: SWM Regulations
SWM - Regulations
All Uses
Minimum Lot Width
20 m
Maximum Lot Coverage
All Buildings including Principal Building, and
Accessory Buildings or Structures
60%
Maximum Height
Principal Building
17 m
Accessory Building
17 m
All Yard Setbacks for all Buildings
Front Yard
6 m
Rear Yard
3 m
Side Yard
1 m
Minimum for an Outdoor Wood Pellet Boiler
2 m
Minimum Distance
Between Principal Building and Accessory
Building/Structure or between Accessory
Buildings/Structures
1 m
Exceptions
Minimum 3 m Between a Principal Building and
Outdoor Wood Pellet Boiler
Solid Waste Management Use Regulations
a)
Aggregate Extraction Use applications are subject to additional regulations in
Section 9.2.1 of this By-law.
b)
Offices shall be accessory and related to the Principal Use.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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13. Parks, Recreation and Public Use Zones and Zone Regulations
13.1.
PS - Public Service
Purpose
To provide land dedicated for major Institutional services and Recreation Facilities that
are public or quasi-public in nature. Commercial services that support the public or
quasi-public services may also be considered.
Table 13-1: PS Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling
-
Special Care Residence
Accessory Use
Commercial Entertainment
Artisan Studio
Commercial Recreation
Day Care Facility
Institutional
-
Special Care Facility
-
Rehabilitative and Corrective
Facility
Commercial Retail Sales and Service
Hotel
Community Resource Centre
Similar Use
Convention Centre
Food and Beverage Services
Government Office
Institutional
-
Religious & Education Institutions
-
Recreation Facility
Medical and Health Services
Office (Accessory Use)
Public Parks
Public Utility Uses and Structures
Storage Facility
Temporary Use
Urban Agriculture, Commercial
Urban Agriculture, Community
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Table 13-2: PS Regulations
PS Regulations
Commercial
Institutional
Hotel
Minimum Lot Width
Subject to Development Officer Approval
Maximum Lot Coverage
Principal & Accessory
Building
50%
50%
50%
Maximum Height
Principal Building
15 m
15 m
15 m
Accessory Building
12 m
12 m
12 m
Minimum Yard Setback
Front Yard
Subject to Development Officer Approval
Side Yard
Rear Yard
Minimum Distance
Between Principal
Building and
Accessory
Building/Structure or
between Accessory
Buildings/Structures
1 m
1 m
1 m
Exceptions
Minimum 3 m
Between a Principal
Building and Outdoor
Wood Pellet Boiler
Minimum 3 m
Between a Principal
Building and Outdoor
Wood Pellet Boiler
Minimum 3 m
Between a Principal
Building and Outdoor
Wood Pellet Boiler
Site Development Regulations
a)
The Site plan, the relationship between Buildings, Structures and Open Space,
the architectural treatment of Building and the emergency vehicle Access shall
be subject to approval by the Development Officer.
b)
All land Use in the Capital Area is subject to the Capital Area Development Plan
By-law No. 4940, as amended.
c)
All mechanical equipment, including roof mechanical units, shall be concealed
by Screening in a manner compatible with the architectural character of the
Buildings, or concealed by incorporating it within the Building roof.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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13.2.
PR - Parks and Recreation
Purpose
To provide Parks, Recreation Uses, and facilities for the Use for recreational activities
such as organized sports, walking, hiking, and cycling. Includes undeveloped land in its
natural state dedicated for public Use. Opportunities for commercial activities that have
minimal Impact and directly benefit the public may also be considered.
Table 13-3: PR Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Campground
Accessory Use
Cemetery
Public Parks
Commercial Entertainment
Public Utility Uses and Structures
Commercial Recreation
Recreation Facility
Commercial Retail Sales and Service
Temporary Use
Marina
Urban Agriculture, Commercial
Similar Use
Urban Agriculture, Community
Table 13-4: PR Regulations
PR- Regulations
All Buildings or Structures
Maximum Lot Width
Subject to Development Officer approval
Maximum Lot Coverage
Subject to Development Officer approval
Maximum Height
Subject to Development Officer approval
Minimum Front Yard Setback
15 m
Side Yard and Rear Yard Setback
Not Abutting a Street
7.5 m
Abutting a Street
15 m
Development Regulations
a)
Site Development
The Site plan, the relationship between the Buildings, Structures and Open
Space, the architectural treatment of Buildings, the provision of Landscaping,
the parking layout, and emergency vehicle Access shall be subject to approval
by the Development Officer.
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b)
Site Location
The location of a Site to be developed within this Zone and the relationship of
the Site to the rest of the City and surrounding area shall be subject to
approval by the Development Officer.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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13.3.
NA - Natural Area
Purpose
To preserve and maintain areas in their natural state by restricting Development, no
permanent infrastructure is permitted in this Zone; however, low Impact activities such
as Urban Agriculture may be appropriate.
Table 13-5: NA Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Public Utility Uses and Structures
Temporary Use
Urban Agriculture, Community
Development Regulations
a)
Trees shall not be cut, felled or removed without prior approval of the
Development Officer.
b)
The design and Development of "Public Utility Uses and Structures" shall be
environmentally sensitive having due regard to the natural characteristics and
aesthetics of the Lot. During construction, the natural features not directly
affected by the Development shall be protected from any damage which may
result from construction. The Development Officer shall require restoration of
any disturbance to the natural characteristics of a Lot or area resulting from the
installation of Public Utility Uses and Structures.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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13.4.
NP - Nature Preservation
Purpose
To preserve and maintain the natural characteristics of an area, and to allow for
community Urban Agriculture activities and limited public outdoor facilities to enhance
public Use and enjoyment of the natural characteristics of an area for future
generations, by restricting Development.
Table 13-6: NP Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
Public Parks
Urban Agriculture, Commercial
Public Utility Uses and Structures
Urban Agriculture, Community
Temporary Use
Development Regulations
a)
All Development is subject to the Development Officer's approval.
b)
Trees shall not be cut, felled or removed without prior approval of the
Development Officer.
c)
The design and Development of "Public Utility Uses and Structures" shall be
environmentally sensitive having due regard to the natural characteristics and
aesthetics of the Lot. During construction the natural features not directly
affected by the Development shall be protected from any damage which may
result from construction. The Development Officer shall require restoration of
any disturbance to the natural characteristics of a Lot or area resulting from the
installation of Public Utility Uses and Structures.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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14. Special Management Use Zones
14.1.
GM - Growth Management
Purpose
To control and regulate land Use so that future Development may proceed in an orderly
and well planned manner in keeping with the intent of the Community Plan and any
applicable Area Development Plan By-law.
Table 14-1: GM Permitted and Discretionary Use
Permitted Uses
Discretionary Uses
Accessory Building
Natural Resource Extraction
Accessory Use
Urban Agriculture, Commercial
Public Parks
Commercial Recreation
Public Utility Uses and Structures
Marina
Temporary Use
Similar Use
Urban Agriculture, Community
Table 14-2: GM Regulations
GM - Regulations
All Buildings or Structures
Maximum Lot Width
Subject to Development Officer approval
Maximum Lot Coverage
Subject to Development Officer approval
Maximum Height
Subject to Development Officer approval
Minimum Front Yard Setback
15 m
Side Yard and Rear Yard Setback
Not Abutting a Street
7.5 m
Abutting a Street
15 m
Development Regulations
a)
All land Use in the Capital Area is subject to the Capital Area Development Plan
By-law No. 4940, as amended
b)
The Site plan, the relationship between the Buildings, Structures and Open
Space, the architectural treatment of Buildings, the provision of Landscaping,
the parking layout, and emergency vehicle Access shall be subject to approval
by the Development Officer.
c)
Public access to the Shoreline or Natural Boundary of the Water-Body shall be
maintained.
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d)
Commercial Recreation and Urban Agriculture Uses shall only be located in
areas with existing City services, roads and infrastructure; or unless the Use is
indicated to be temporary. No permanent Structures for Commercial
Recreation activities are permitted while the area is Zoned as Growth
Management.
e)
Trees shall not be cut, felled, or removed without prior written approval of the
Development Officer, or pursuant to an approved Development Permit.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
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14.2.
AE - Airport Environs
Purpose
To provide land that supports aviation and related Development at the Yellowknife
Airport.
Airport Environs
In recognition of the jurisdiction and authority of the Government of the Northwest
Territories and the Government of Canada over Commissioner's public airport lands
forming part of the Yellowknife Airport, as designated in the Commissioner's Public
Airport Lands Regulations, R-020-2006, and Federal Lands within the "AE - Airport
Environs Zone, all Uses and Development on those Commissioner's public airport lands
and Federal lands shall be subject only to the approval of the Government of the
Northwest Territories or the Government of Canada, as appropriate. For greater
certainty, nothing in this By-law shall apply to the Use or Development of those
Commissioner's public airport lands and Federal lands within the 'AE - Airport Environs'
Zone. However, Council or the Development Officer, if requested, may provide input
respecting any proposed Development on Commissioner's public airport lands or
Federal lands within the 'AE - Airport Environs' Zone.
Table 14-3: AE Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Bulk Fuel Storage
Accessory Use
Industrial, Heavy
Airport Use
Similar Use
Commercial Retail Sales and Service (Accessory
Use)
Food and Beverages Services (Accessory Use)
Industrial, Light
Office (Accessory Use)
Public Parks
Public Utility Uses and Structures
Temporary Use
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Table 14-4: AE Regulations
AE - Regulations
All Uses
Minimum Lot Width
30 m
Maximum Lot Coverage
All Buildings including Principal Building, and
Accessory Buildings or Structures
35%
Maximum Height
Principal Building
19 m
Accessory Building
Less than Principal Building
All Yard Setbacks for all Buildings
Front Yard
7 m
Side and Rear Yard
3 m
Minimum for an Outdoor Wood Pellet Boiler
2 m
Minimum Distance
Between Principal Building and Accessory
Building/Structure or between Accessory
Buildings/Structures
1 m
Exceptions
Minimum 3 m Between a Principal Building and
Outdoor Wood Pellet Boiler
Development Regulations
a)
Site Development - the Site plan, the relationship between Buildings,
Structures and Open Space, the architectural treatment of Buildings, the
provision of Landscaping, the parking layout, and emergency vehicle Access.
b)
Special regulations for Development abutting NWT Highway No.3 and Old
Airport Road:
i
Outdoor display of vehicles, machinery, equipment or construction
materials may be allowed in front of the Principal Building or on a
flanking Street side of the Principal Building and subject to the
following conditions:
24) the display area must be Hard Surfaced;
25) the area around the display area must be enhanced through the
provision of Landscaping;
26) no lighting of the display area may be employed which directs
light off of the display area; and,
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27) all advertisement copy must be static and employ no amplified
sounds.
ii Outside storage and trash collection areas shall be located to the rear
or side (other than flanking Street side) of the Principal Buildings and
shall be screened from the public view by a solid Fence or other similar
Screening.
iii All mechanical equipment, including roof mechanical units, shall be
concealed by Screening in a manner compatible with the architectural
character of the Buildings, or concealed by incorporating it within a
Building roof.
iv Any Development will require a 20 m Landscaped buffer area between
it and the right of way of NWT Highway No. 3 and Old airport Road;
and
v Lot area fronting onto NWT Highway No. 3 and Old Airport Road that is
not covered with Buildings or parking Development shall be
Landscaped pursuant to Section 7.5 of this By-law.
Recommended Use Regulations
a)
Commercial Retail Sales and Services as well as food and beverage Uses shall
only be permitted where the applicant can demonstrate that a proposed
Development will be engaged in the buying and selling of commodities or
supplying of services that are directly related to, or in support of, the aviation
industry, airport operation, or to the traveling public utilizing flight services
provided by the aviation industry.
b)
Industrial Uses shall only be permitted where the applicant can demonstrate
that a proposed Development will be engaged in the manufacturing,
processing, repairing, fabrication or assembly of raw materials and goods, that
is directly related to, or in support of, the aviation industry or airport operation.
c)
Commercial or industrial Uses shall not be permitted based upon the
occasional or incidental Use of services provided by the aviation industry in the
operation of such a commercial or industrial Use.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zone.
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14.3.
NC - Ndilo Community
Purpose
This Zone recognizes Yellowknives Dene First Nations authority over Ndilo.
Permitted and Discretionary Uses
All Uses and Developments proposed under this designation shall be subject to approval
of the Yellowknives Dene First Nation. Council or the Development Officer may provide
input regarding any proposed Development if requested.
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14.4.
EH - Environmental Hazard
Purpose
Land in this Zone is in proximity to the former Giant Mine gold mine site. Land either is
contaminated or is being used to support remediation activities. The area will only be
used for remediation activities until the remediation is complete. It is anticipated that
the City will work with other levels of government to ensure that planned remediation
activities pose little risk to City residents.
After remediation is complete, the City will re-evaluate opportunities for Development
of this area only if it is deemed safe to do so on the advice of remediation experts and
legally permitted by higher levels of government.
Permitted and Discretionary Uses
The current Giant Mine Boat launch is permitted to continue to operate and is open to
the public during the remediation. Other Permitted or Discretionary Uses are only those
that support remediation activities.
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14.5.
SA - Seismological Array
Purpose
Land reserved for monitoring underground seismic activity. Proposed Development
activity falls under the jurisdiction of the Government of Canada.
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14.6.
SMR - Special Management Reserve
Purpose
Land available for future Development to support the needs of the City as it grows.
Development in the Special Management Reserve will not be considered unless there is
a demonstrated need for land that cannot be accommodated in other Zones. Until such
time as land in this Zone is re-designated, primary Uses include passive recreation such
as walking, hiking, fishing, snowmobiling, and activities involving all-terrain vehicles.
Table 14-5: SMR Permitted and Discretionary Uses
Permitted
Discretionary
Accessory Building
Commercial Recreation
Accessory Use
Natural Resource Extraction
Public Parks
Similar Use
Public Utility Uses and Structures
Temporary Use
Development Regulations
a)
Commercial Recreation Uses shall only be low Impact. Pursuant to an approved
Development Permit, remote wilderness Structures such as wall-tents or tipis
are Permitted as Accessory Buildings or Structures.
b)
Trail networks can support access to Commercial Recreation Sites, but no City
services, roads and infrastructure, are available for access.
c)
No permanent Structures for Commercial Recreation activities are Permitted
while the area is Zoned as Special Management.
d)
Trees shall not be cut, felled, or removed without prior written approval of the
Development Officer, or pursuant to an approved Development Permit.
Other Regulations
a)
See Section 7 - Development Regulations Applicable to All Zones.
b)
See Section 9 - Development Regulations Applicable to Non-Residential Zones.
Schedule 1 - Zoning Map| 176
Zoning By-law 5045| March 14, 2022
Schedule 1 - Zoning Map
Amended by By-law No. 5105 May 12, 2025
Amended by By-law No. 5115 October 14, 2025
Amended by By-law No. 5123 March 25, 2026
Amended by By-law No. 5124 March 25, 2026
PR
NA
PS
PR
CS
PR
R1
PR
NP
R2
PR
SMR
PS
R2
NP
R1
IG
CS
PS
PR
OT
PR
CS
RC
NA
RE
PR
RC
PR
KL
PS
RC-1
PR
PS
PS
CS
PR
GM
NP
PR
R1
PR
PS
R1
PR
PR
R1
SMR
NP
GM
PR
PR
R1
R1
R1
PS
OT
GM
PR
R2
NP
NP
NA
PS
R1
RC
RC
I
R2
PR
R1
RC
NP
R1
R1
PR
KL
DT
R1
NP
PR
NA
R1
SMR
PR
PR
NA
PR
PR
AE
R1
GM
NP
PR
R1
PS
KL
PR
PR
NP
NP
PR
RC-1
CS
CS
CS
R1
PR
PR
R1
PR
IG
NP
PR
R1
NP
R2
GM
RC
R1
IG
PR
PR
PR
RC-1
PR
NC
R2
SMR
PR
GM
PR
PR
PR
PR
R2
NP
R1
RC
PR
RC-1
PR
OT
PR
CS
PR
KL
PS
PR
PR
PS
PR
PS
R1
NP
IG
R1
PS
NP
PR
GM
PR
NA
RC-1
R2
R1
SWM
GM
KL
R1
IG
RE
KLS-1
KLS-2
KLS-1
NP
PR
PR
SMR
R1
OT
SMR
SMR
GM
GM
GM
GM
SA
SA
AE
AE
PR
SMR
SMR
EH
PR
SMR
SMR
SMR
NP
NP
PR
NA
PR
NP
NP
GM
SMR
GM
R1
SMR
SMR
SMR
SMR
SMR
NP
NP
NA
NA
PR
EH
EH
PR
RC
RC
RC1
GM
RC
GM
SA
RI-1
RE
SWM
IG
AE
Special
Management
Reserve
PR
SA
NP
NP
PR
R2
R2
PR
PR
R1
R1
R1
PR
PR
PR
PR
R1
PS
PR
R1
PR
PS
NP
IG
PS
PR
NA
NP
RC-1
PR
NA
NP
PR
R1
NC
PR
R2
PS
PR
GM
NP
R1
PR
GM
PS
PR
R1 R1
R1
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
R2
R2
PR
R2
PR
NP
NA
R1
PR
CS
R1
NP
PS
PR
PR
PS
PS
PS
DT
R1
PS
NP
PR
PR
PR
NP
KL
PR
R1
PS
NP
R1
OT
R1
GM
NP
PR
CS
GM
NP
NP
PS
PS
NP
NP
GM
CS
KLS-2
Special
Management
Reserve
KLS-1
KLS-1
NP
AE
NA
NP
KLS-1
GM
Special
Management
Reserve
RC-1
RC-1
RE
NP
PR
PR
PR
RC
PR
Special
Management
Reserve
PR
NA
GM
EH
GM
GM
GM
GM
GM
RC
RC
RC
RC-1
RC-1 RC
RC
RC
RC
RC
RC
SA
Akaitcho Interim Land Withdrawal
ZoningCode
AE
CS
DT
EH
GM
IG
KL
KLS-1
KLS-2
NA
NC
NP
OT
PR
PS
R1
R2
RC
RC-1
RE
SA
SWM
Special Management Reserve
<all other values>
New zones
Land Use Zones
AE-Airport Environs
CS-Commercial Service
DT-Downtown
EH-Environmental Hazard
GM-Growth Management
KL-Kam Lake
KLS-1-Kam Lake South One
KLS-2-Kam Lake South Two
NA-Natural Area
NC-Ndilo Community
NP-Nature Preservation
PR-Parks and Recreation
PS-Public Service
R1-Low Density Residential
R2-Medium Density Residential
RC-Residential Central
RC-1 - Residential Central One
RE-Residential Estate
SA-Seismological Array
SWM-Solid Waste Management
OT-Old Town Mix
IG-Industrial General
SMR-Special Management Reserve
additionalparcel
0
1
2
0.5
Kilometers
S:\GIS_data\2021\PLANNING_DEVELOPMENT_LANDS\2021_05_14_Zoning_ByLaw_Mapping\2021_05_14_Zoning_ByLaw_Mapping.aprx
Schedule #1
Zoning Map
Schedule #1
Zoning Map
*Yellowknife Zoning By-law No. 5045
Schedule #1 - As Amended By:
By-law No Zone Amended Date MDY
5124 PR to OT 3/25/26
5123 NA to RC 3/25/26
5105 PR to RI-1 5/12/25
5115 PR to RI-1 10/14/25
Schedule 2 - Parking Standard Areas Map| 177
Zoning By-law 5045| March 14, 2022
Schedule 2 - Parking Standard Areas Map
S:\GIS_data\2021\PLANNING_DEVELOPMENT_LANDS\2021_05_14_Zoning_ByLaw_Mapping\2021_05_14_Zoning_ByLaw_Mapping1.aprx
MORRISON DR.
44 ST.
49 ST.
52 ST.
53 ST.
51 ST.
47 ST.
54 ST.
48 ST.
46 ST.
NIVEN DR.
TAYLOR RD.
50A AVE.
44 ST.
51 AVE.
FORREST DR.
44 ST.
FRANKLIN AVE. (50 AVE.)
CON RD.
50 ST.
MORRISON DR.
45 ST.
N.W.T. HIGHWAY NO. 4
54 AVE.
51A AVE.
55 ST.
RYCON DR.
WILEY RD.
57 ST.
54 AVE.
MATONABEE ST.
49A AVE.
MCDONALD DR.
BURWASH DR.
HAENER DR
52 AVE.
MITCHELL DR.
RYCON PLACE
INGRAHAM DR.
CON PLACE
49 AVE.
STOUT RD.
BOFFA DR.
41 ST.
LANKY CRT.
53 AVE.
RESERVOIR RD.
PILOT'S LN.
BRETZLAFF DR.
MCAVOY RD.
RAGGED ASS RD.
HAMILTON DR.
SISSONS CRT.
43 ST.
PTARMIGAN RD.
DRISCOLL RD
FORREST DR. NORTH
LUNDQUIST RD.
42 ST.
41A ST.
TRAILS END CRES.
PRIMROSE LN.
FORREST PK.
LESSARD DR.
ALBATROSS
CRT.
44 ST.
48 ST.
OTTO DR.
52 AVE.
RYCON DR.
DAKOTA CRT
49 ST.
BRYSON DR.
NIVEN DR.
HAENER DR
de WEERDT DR
47 ST
45 ST
SCH
OOL
DRA
W AVE.
NIVEN GATE
SCHOOL DRAW AVE.
N.W.T HIGHWAY NO. 4
GITZEL ST.
GITZEL ST.
NIVEN DR.
49 AVE.
44 ST.
TAYLOR RD.
CON RD.
VETERANS MEMORIAL DR.
BALL
ANT
YNE
CRT.
LE
MA
Y D
R.
HAMILTON DR.
KNUTSEN LN.
HERSHMAN RD.
BROCK RD.
NEGUS PL.
HARRIETS LN.
HEARNE HILL RD.
46 ST.
PHINNEY CRT.
56 ST.
RYCON DR.
MOYLE DR.
MOYLE DR.
FINDLAY PT.
STIRLING CRT.
MCMAHON CRT.
LYONS PT.
ANDERSON THOMSON BLVD
FRANKLIN AVE. (50 AVE.)
0
0.5
1 Kilometers
Schedule 3 - Certificate of Compliance| 178
Zoning By-law 5045| March 14, 2022
Schedule 3 - Certificate of Compliance
1. For the purpose of this Schedule, Certificate of Compliance means a document
which may be issued by a Development Officer, upon written request and
payment of the required fee, confirming compliance with the regulations of this
By-law. A Certificate of Compliance shall not operate as a Development Permit
nor shall it approve any Variance to the Yard regulations of this By-law not
previously approved.
2. A Certificate of Compliance will be issued provided that:
a)
The Building has been located on-Site in accordance with the Yards
specified in Development Permits which may have been issued for the
Site; and
b)
The Development has taken place in conformance with the issued
Development Permit and all conditions of approval, if any, have been fully
complied with.
3. Buildings will be considered Legal Non-Conforming as per Section 4.3 of this By-
law, 'Legal Non-Conforming Uses, Structures and Lots'. For greater clarity, this
means the Building has met all conditions of the Development Permits issued for
the Site, but the Yard requirements do not conform to those set out in this By-
law. A Certificate of the Compliance can be issued for such a Building with 'Legal
Non-Conforming' indicated on the certificate.
4. Every request for Certificate of Compliance shall be in writing and shall include
sufficient information to determine conformance with this By-law, including:
a)
Legal description and property address;
b)
Use and occupancy of all parts of the Lot and Building;
c)
Signature of the registered Landowner or authorized agent;
d)
The application fee as set out in accordance with Fees and Charges By-Law
No. 4436, as amended; and
e)
A Real Property Report signed and sealed by a Canada Land Surveyor, in
duplicate at an appropriate metric scale, showing details of Development
and the relation to Lot boundaries so that compliance with regulations
may be determined.
Schedule 3 - Certificate of Compliance| 179
Zoning By-law 5045| March 14, 2022
5. Where a Real Property Report submitted is in excess on one year old, an Affidavit
or Statutory Declaration must be submitted stating the accuracy of the survey as
representative of the current situation on the Site, and that there are no changes
since the date of the original survey.
6. A Development Officer shall not approve an application for a Certificate of
Compliance if necessary details of the Development have not been included with
the application. The application shall be deemed not to be complete until all
required information has been submitted.
7. Where a request for a Certificate of Compliance is approved, the Real Property
Report will be stamped as complying and a certificate will be issued. The
Certificate of Compliance is issued solely on the information shown on the Real
Property Report, the information contained in the files of the Planning and Lands
Division and information provided to the Development Officer in the application.