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By-Law Title:
Clyde River Zoning
By-Law Number:
133
1
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
A by-law of the Hamlet of Clyde River in Nunavut Territory to adopt a Zoning By-Law, pursuant to the
provisions of the Hamlets Act.
WHEREAS the Council of the Hamlet of Clyde River has prepared a General Plan, and
WHEREAS it is deemed desirable to regulate certain uses of land and development within the
Municipality;
NOW, THEREFORE, THE COUNCIL OF THE HAMLET OF CLYDE RIVER, at a duly assembled meeting
enacts as follows:
SHORT TITLE
1.
This by-law may be cited as the "Clyde River Zoning By-Law".
GENERAL PROVISIONS
2.
'Schedules 1, 2, 3, 4 and 5' of this by-law are declared to form part of this by-law.
REPEAL
3.
By-Law #81 of the Hamlet of Clyde River, and all amendments thereto, are hereby repealed.
EFFECTIVE DATE
4.
This by-law shall come into full force and effect on the date of its Third Reading.
Date of First Reading
(Day)
03
(Month)
02
(Year)
2015
Date of Second Reading (after due
notice and a Public Hearing)
(Day)
26
(Month)
03
(Year)
2015
Mayor
Senior Administrative Officer
Date of Third Reading and Passed
(Day)
06
(Month)
07
(Year)
2017
Mayor
Senior Administrative Officer
APPROVED by the Minister of Community & Government Services this 20th day of June, 2017
By-Law Title:
Clyde River Zoning
By-Law Number:
133
2
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
SCHEDULE 1 - Table of Contents
SECTION 1 - INTRODUCTION & INTERPRETATION
......................................................................................................................
4
PURPOSE
......................................................................................................................
4
DEFINED AREA
......................................................................................................................
4
SCOPE
......................................................................................................................
4
VALIDITY
......................................................................................................................
4
ESTABLISHMENT OF ZONES
......................................................................................................................
4
INTERPRETATION OF ZONING BOUNDARIES
......................................................................................................................
4
SECTION 2 - DEFINITIONS
......................................................................................................................
5
INTERPRETATION
......................................................................................................................
5
DEFINITIONS
......................................................................................................................
5
SECTION 3 - ADMINISTRATION
......................................................................................................................
14
POWERS OF COUNCIL
......................................................................................................................
14
DEVELOPMENT OFFICER
......................................................................................................................
14
DEVELOPMENT PERMIT
......................................................................................................................
14
DEVELOPMENT PERMIT SUBMISSION REQUIREMENTS
......................................................................................................................
15
NOTICE OF DECISION
......................................................................................................................
16
EXPIRY OF DEVELOPMENT PERMIT
......................................................................................................................
17
ENFORCEMENT
......................................................................................................................
17
DEVELOPMENT AGREEMENTS
......................................................................................................................
17
DEVELOPMENT APPEAL BOARD
......................................................................................................................
17
ZONING BY-LAW AMENDMENTS
......................................................................................................................
18
RULES OF INTERPRETATION
......................................................................................................................
18
INSPECTION OF PREMISES
......................................................................................................................
18
VIOLATIONS AND PENALTIES
......................................................................................................................
18
SECTION 4 - COMPLIANCE WITH OTHER REGULATIONS
......................................................................................................................
20
REVIEW BY FIRE MARSHAL'S OFFICE
......................................................................................................................
20
NUNAVUT IMPACT REVIEW BOARD
......................................................................................................................
20
NUNAVUT WATER BOARD AND AANDC
......................................................................................................................
20
LEGAL LAND TENURE
......................................................................................................................
20
NUNAVUT PLANNING COMMISSION
......................................................................................................................
20
AIRPORT ZONING REGULATIONS
......................................................................................................................
21
SCIENTIFIC INSTALLATIONS
......................................................................................................................
21
ARCHAEOLOGICAL SITES
......................................................................................................................
21
GRANULAR RESOURCES
......................................................................................................................
21
UTILITY CORPORATION
......................................................................................................................
21
GENERAL SANITATION REGULATIONS
......................................................................................................................
21
SECTION 5 - GENERAL PROVISIONS
......................................................................................................................
22
ACCESSORY BUILDING, STRUCTURE OR USE
......................................................................................................................
22
BED AND BREAKFAST
......................................................................................................................
22
BUILDING TO BE MOVED
......................................................................................................................
22
DAY CARE FACILITIES
......................................................................................................................
22
DISTANCE FROM WATERCOURSES
......................................................................................................................
22
FENCES
......................................................................................................................
22
FRONTANGE ON A STREET
......................................................................................................................
23
FRONTAGE ON CURVES
......................................................................................................................
23
HEIGHT
......................................................................................................................
23
HEIGHT EXCEPTIONS
......................................................................................................................
23
HOME OCCUPATION
......................................................................................................................
23
LOADING SPACE REQUIREMENTS
......................................................................................................................
24
LOTS DIVIDED INTO MORE THAN ONE ZONE
......................................................................................................................
24
MINOR VARIANCE
......................................................................................................................
24
By-Law Title:
Clyde River Zoning
By-Law Number:
133
3
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
Table of Contents - Continued
MULTIPLE USES ON A LOT
......................................................................................................................
24
NON-CONFORMING BUILDING OR USE
......................................................................................................................
24
ONE MAIN BUILDING ON A LOT
......................................................................................................................
25
OUTDOOR STORAGE
......................................................................................................................
25
PARKING REQUIREMENTS
......................................................................................................................
25
PERMITTED PROJECTIONS INTO YARDS
......................................................................................................................
26
PLANNED UNIT DEVELOPMENT (PUD)
......................................................................................................................
26
RESTORATION TO A SAFE CONDITION
......................................................................................................................
26
SATELLITE DISHES
......................................................................................................................
26
TEMPORARY CONSTRUCTION USES PERMITTED
......................................................................................................................
26
UTILITIES
......................................................................................................................
26
WATERSHED OVERLAY
......................................................................................................................
27
YARD REGULATIONS
......................................................................................................................
27
SECTION 6 - ZONE REGULATIONS
......................................................................................................................
28
RESIDENTIAL (R)
......................................................................................................................
28
COMMUNITY/COMMERCIAL (C)
......................................................................................................................
29
OPEN SPACE (OS)
......................................................................................................................
29
INDUSTRIAL (I)
......................................................................................................................
30
NUNA (N)
......................................................................................................................
31
TRANSPORATION (T)
......................................................................................................................
32
SCHEDULE 2, 3 & 4 - ZONING MAP
......................................................................................................................
SCHEDULE 5 - FORMS
......................................................................................................................
By-Law Title:
Clyde River Zoning
By-Law Number:
133
4
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
SCHEDULE 1
SECTION 1 - INTRODUCTION & INTERPRETATION
PURPOSE
1.1
This by-law:
a) divides the Municipality into zones of permitted land use classes;
b) specifies the purposes for which buildings and land may be used; and
c) regulates or prohibits the use of land or buildings referred to in clause (b) above for any
other purpose.
DEFINED AREA
1.2
This by-law applies to all lands within the Municipal Boundaries of the Hamlet of Clyde River.
SCOPE
1.3
No land shall be used, and no development shall take place within the Hamlet of Clyde River
except in conformity with the provisions of this by-law.
VALIDITY
1.4
Should any Section, clause or provision of this by-law be held by a court of competent
jurisdiction to be invalid, the validity of the remainder of the by-law shall not be affected.
ESTABLISHMENT OF ZONES
1.5
For the purpose of this by-law, the Hamlet of Clyde River is divided into zones. The extent and
boundaries of all zones are delineated on 'Schedule 2: Land Use & Zoning - Community View'
which specifies the zoning provisions applying to particular lands.
INTERPRETATION OF ZONING BOUNDARIES
1.6
If there is any uncertainty as to the location of the boundary of a zone, the Development
Officer or the regional Community Planner shall interpret the Land Use Map to determine the
boundary line based on the centreline of a public road, a surveyed lot line or an unsurveyed
lease sketch.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
5
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
SECTION 2 - DEFINITIONS
INTERPRETATION
2.1
Typical uses listed in the definitions as examples are not intended to be exclusive or restrictive.
Reference should be made to the Community Plan and the intent or the definition of the use in
determining whether or not a use is included within a particular definition.
DEFINITIONS
2.2
In this by-law:
"ABUT" means a lot line that has any point in common with another lot line.
"ACCESSORY BUILDING" means a building that is separated from the principal building or
structure on the lot and is secondary to, and normally associated with, the main use and
located on the same lot and includes garages, workshops, sheds and shipping containers.
Accessory uses cannot be used for human habitation. See Section 5.1.
"ACCESSORY USE" means the use of a building or a lot which is normally subordinate and
incidental to the main use of the building and located on the same lot with such main use or
lot. An accessory use must have a gross floor area lesser to the building which houses the main
use on the same lot;
"ACT" means the Planning Act, RSNWT, 1988 c. P-7 as amended.
"AIRPORT" means an area of land, water (including the frozen surface thereof) used for or
intended to be used for the arrival and departure, movement or servicing of aircraft. It
includes any building, installation or equipment in connection therewith, and for which an
airport certificate has been issued.
"ARCHEOLOGICAL ARTIFACT" means any tangible evidence of human activity that is more than
fifty (50) years old and in respect of which an unbroken chain of possession or regular pattern
of usage cannot be demonstrated and included a Denesuline archaeological specimen referred
to in Section 40.4.9 of the Nunavut Land Claims Agreement.
"ARCHEOLOGICAL SITE" means a site where an archaeological artefact is found.
"AUTOMOTIVE GAS BAR" means an establishment, other than an auto repair outlet, where
motor vehicle fuel and other liquids necessary for the operation of a vehicle are sold to the
public and may include the sale of convenience items.
"AUTOMOTIVE REPAIR, SALES OR RENTAL SHOP" means the use of a site or building where
motor vehicles lass then forty-five hundred kilograms (4500 kgs) may be repaired, serviced or
stored for rental, sale or display.
"BEACH SHACK" means a building that is in or within close proximity to beach areas and is used
for harvesting purposes or other purposes related to the owner's participation in the land-
By-Law Title:
Clyde River Zoning
By-Law Number:
133
6
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
based economy. Beach shacks are not to be used for human habitation. Beach shacks shall not
exceed eighteen meters squared [18 m2 (193.7 ft2)] in gross floor area.
"BED AND BREAKFAST" means a single-detached dwelling in which there is a resident owner or
resident manager who provides overnight accommodation and meals for the traveling public.
"BUILDING" means any structure, erection, stockpile, sign or fixture built or placed on land.
"BUILDING SUPPLY AND/OR CONTRACTORS SHOP" means an establishment engaged in the
selling of building supplies such as lumber, millwork, siding, roofing, plumbing, electrical,
heating, air conditioning or home improvements and/or for persons employed in building
trades such as painting, plumbing, electrical work, masonry, metal working and carpentry or
tuck, bulldozer, loader and backhoe operating.
"CABIN" means a building that is located in Nunavut and is used for recreation and land-based
harvesting purposes. Cabins are not intended for long-term human habitation. Cabins shall
not exceed eighteen meters squared [18 m2 (193.7 ft2)] in gross floor area
"CARETAKER UNIT" means a dwelling used for the accommodation of a person employed as a
caretaker, janitor, manager, watchman, security guard or superintendent by an industrial or
commercial use operating on the site.
"CEMETARY" means land primarily used for interment of human remains.
"COMMERCIAL RECREATION" means any building, structure or premises with athletic or
entertainment facilities for commercial purposes.
"COMMERCIAL VEHICLE" means any vehicle which is licensed as a commercial carrier as
determined by the Registrar of Motor Vehicles.
"COMMUNICATIONS FACILITY" means an installation which transmits, receives and/or relays
communications such as a microwave or satellite relay tower, cellular telephone tower, aircraft
communications tower, radio or television broadcast tower or similar facility. A
communications facility includes the antennae or transmission/reception equipment, a support
structure or tower and a small building to shelter equipment.
"COMMUNITY HALL OR CENTER" means any building, structure or premises where facilities are
provided for athletic, civic, educational, political, religious or social events and is controlled by
the Municipality, Government of Nunavut or an agent thereof. This definition includes an
arena, gymnasium, swimming pool, theatre, library or similar uses.
"CONDITIONAL USES" means a conditional use listed in a specific zone that may be permitted
by Council or the Development Officer, where delegated, after consideration of the impact of
that use upon neighbouring land and other criteria listed in the specific zone or other Sections
of this by-law.
"CONVENIENCE STORE" means a development used for the retail sale of goods required by
By-Law Title:
Clyde River Zoning
By-Law Number:
133
7
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
area residents or employees on a day-to-day basis. A convenience store may include small
food stores, drug stores or variety stores selling confectionery, tobacco, groceries, beverages,
pharmaceutical and personal care items, hardware or printed material.
"CORRECTIONAL FACILITY" means a place of secure temporary detention and a place of secure
custody such as a secure custody group home.
"COUNCIL" means the Council of the Hamlet of Clyde River.
"CRAFT STUDIO" means the workplace of an artist or craftsperson, including a carver, painter
or photographer, where small personal goods such as jewelry or fine art such as portraits or
carvings are produced in small quantity or to special order for sale at retail from the premises.
"DAY CARE CENTER" means an establishment for the care and supervision of children during
the day.
"DEVELOPMENT" means the carrying out of any construction, excavation or any operation in,
on, over or under land, or the making of any changes in the use or in the intensity of use of any
land or building.
"DEVELOPMENT AGREEMENT" means a binding contract between the Hamlet of Clyde River
and the proponent of a development. Development agreements may only be used where the
Planning Act permits a Council, an approving authority or Development Appeal Board to
impose limitation or requirements as a condition of issuing a permit. The agreement requires
observance of limitations or requirements on the development of the land and is considered a
covenant running with the land.
"DEVELOPMENT OFFICER" means an official of the Municipality appointed by Council to assist
them in administering this by-law.
"DEVELOPMENT PERMIT" means a certificate or document permitting a development. It
includes plan(s) or drawing(s) specifications and may contain relevant documents.
"DOG TEAM" means three (3) or more dogs trained to be harnessed together and used for
recreational or commercial purposes or in the maintenance of a subsistence lifestyle.
"DWELLING" means a building or part of a building, occupied or capable of being occupied as a
home or residence by one (1) or more persons, but shall not include a hotel, a motel,
apartment hotel or hostel.
"DWELLING UNIT" means a separate set of living quarters designed or used as a housekeeping
unit for one (1) or more people and usually containing cooking, sleeping and sanitation
facilities.
"DWELLING, SINGLE-DETACHED" means a separate detached building
consisting of one dwelling.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
8
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
"DWELLING, SEMI-DETACHED" or "DUPLEX" means a building that is
divided either vertically or horizontally into two (2) dwelling units.
"DWELLING, ROWHOUSE" means a building that is divided vertically into
three (3) or more dwelling units, each of which may be located on a
separate lot and each of which has independent entrances to a front and
rear yard immediately abutting the front and rear walls of the unit.
"DWELLING, MULTI-UNIT" means a building other than a rowhouse
dwelling that contains three (3) or more dwelling units divided vertically
and/or horizontally, and which may have independent or combined
entranceways.
"DWELLING, APARTMENT" means a building other than a multi-unit
dwelling or rowhouse that contains four (4) or more dwelling units in
which all units have a common entrance from street level and are served
by a common corridor, and the occupants of which units have the right
to use in common the corridors, stairs, yards or one or more of them.
"DWELLING, MINI HOME" means any dwelling which is pre-
manufactured and designed to be transported to the lot as one integral
unit, and for the purposes of this by-law, shall include a mobile home.
"EDUCATIONAL FACILITY" means a place of instruction, including classrooms, seminar rooms
and similar installations, and may include residences.
"ELDERS FACILITY" means a building or part of a building which is used or intended to be used
to provide housing and care for three (3) or more elderly persons who are provided living and
sleeping facilities, meal preparation, personal care, supervision or assistance essential for
sustaining the activities of daily living.
"EMERGENCY AND PROTECTIVE SERVICES" means a public facility used by fire, police,
ambulance and others as a base of operations.
"ERECT" means to build, construct, reconstruct, alter, locate or relocate and, without limiting
the generality of the foregoing, shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling and structurally altering any existing building
or structure by an addition, deletion, enlargement or extension.
"EXISTING" means in existence on the effective date of this by-law.
"FUEL STORAGE FACILITY" means a tank, container or enclosure used for the bulk storage of
gas and/or liquid and/or solid fuels.
"GENERAL PLAN" means the General Plan of the Hamlet of Clyde River known as the Clyde
By-Law Title:
Clyde River Zoning
By-Law Number:
133
9
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
River Community Plan.
"GRADE" means, with reference to a building, the average elevation of the finished surface of
the ground where it meets the exterior of such building, and when used with reference to a
structure, shall mean the average elevation of the finished grade of the ground immediately
surrounding such structures.
"GROSS FLOOR AREA" means the sum of the area of each floor of a building as measured from
the outermost perimeter of the building and excludes mechanical space.
"GROUP HOME" means a residence where persons live under supervision and who, by reason
of their emotional, mental, social or physical condition or legal status, require a group living
arrangement for their well-being. The home is licensed and/or approved under Territorial
Statutes and in compliance with Municipal by-laws.
"HAZARDOUS GOODS" means any of the following:
explosives and pyrotechnics;
gases (either compressed, deeply refrigerated, liquefied or dissolved under pressure);
flammable and combustible liquids
flammable solids
oxidizing substances and organic peroxides
poisonous and infectious substances
corrosives; and
other miscellaneous substances of similar nature.
"HEALTH CARE FACILITY" means an establishment used by qualified medical practitioners and
staff for the provision of medical and health care on an outpatient basis. This term refers to
such uses as medical or dental offices, occupational health and safety offices, physiotherapy
services, counselling services, chiropractic services and ancillary clinic counselling services, but
does not include veterinary services.
"HEAVY EQUIPMENT AND VEHICLE YARD" means premises used for the storage, sale, rental
and servicing of heavy equipment and vehicles.
"HOME OCCUPATION" means any occupation, trade, profession, personal service, day care or
craft carried on by an occupant of a residential building as a secondary use to the residential
use of the building.
"HOTEL" means a commercial building or buildings providing temporary accommodations for
travellers or transients on a year-round basis and may have a public dining room.
"LAND FARM" means a facility designed to store and treat contaminated soils, sediments or
sludges.
"LOADING SPACE" means an area of land maintained upon the same lot or lots upon which the
By-Law Title:
Clyde River Zoning
By-Law Number:
133
10
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
main use is located and which has adequate access to permit ingress and egress by means of
driveways, aisles or manoeuvring areas and which is used for the temporary parking of a
commercial motor vehicle while merchandise of materials are being loaded or unloaded from
the vehicles.
"LOT" or "PARCEL" means an area of land which is described on a registered plan or certificate
of title or by a lease agreement.
"LOT, CORNER" means a lot situated at the intersection of, and abutting on, two (2) or more
streets.
"LOT, INTERIOR" means a lot other than a corner or through lot.
"LOT, THROUGH" means a lot bounded on two (2) opposite sides by streets that are parallel or
approximately parallel.
"LOT AREA" means the total horizontal area within the lot lines of a lot.
"LOT LINE" means a common line between a lot and an abutting lot, lane, street, parcel of land
or body of water.
"LOT LINE, FRONT" means the line dividing the lot from the street or other means of access,
and:
i.
in the case of a corner or through lot - the shorter lot line abutting the street shall be
the front lot line, and where such lot lines are of equal length, the lot line where the
principal access to the lot is provided shall be the front lot line.
ii.
in the case of a lot which has one of its boundaries the shoreline of a lake or the bank
of a river - the lot facing the access road shall be deemed to be the front lot line.
"LOT LINE, SIDE" means a lot line other than a front or rear lot line.
"LOT LINE, INTERIOR SIDE" means a side lot line that does not abut a street.
"LOT LINE, EXTERIOR SIDE" means a side lot line that abuts a street.
"LOT LINE, REAR" means the lot line farthest from or opposite to the front lot line.
"MAIN BUILDING" means the building in which is carried on the principal purpose or purposes
for which the lot is used.
"MAIN WALL" means the exterior front, side or rear wall of a building.
"MANUFACTURING PLANT" means an establishment primarily engaged in the fabricating,
processing, finishing, refinishing or assembly or similar production of various articles and
commodities such as custom workshops, factories, mills, industrial shops and production
By-Law Title:
Clyde River Zoning
By-Law Number:
133
11
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
facilities, or other similar uses.
"MOTOR VEHICLE" means an automobile, truck, all-terrain vehicle, snowmobile or other
recreational vehicle, but does not include heavy equipment vehicles.
"MUNICIPALITY" means the Hamlet of Clyde River.
"NON-CONFORMING" means a use, building or structure that was lawfully constructed, or
under construction, on the effective date of this by-law and which now does not conform to
the uses and/or provisions of this by-law.
"OFFICE" means a room or rooms where business may be transacted, a service performed or
consultation given, but shall not include the manufacturing of any product or the retail selling
of goods.
"OUTDOOR STORAGE" means the storage of merchandise, goods, inventory, materials,
equipment or other items which are not intended for immediate sale by locating them on a lot
exterior to a building.
"PARKING LOT" means any parking area other than a parking area that is accessory to a
permitted use and located on the same lot. A parking lot does not include the storage of
motor vehicles.
"PARKING SPACE" means an area for the temporary parking or storage of a motor vehicle.
"PERMANENT HUNTING AND FISHING CABINS OR CAMPS" - see "CABIN" and/or "BEACH
SHACK".
"PERSON" includes an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent and the heirs, executors or other legal
representatives of a person to whom the context can apply according to law.
"PERSONAL SERVICE" means a business that provides personal grooming or health services,
such as a hair salon, tailor shop, dry cleaning, laundry or similar use.
"PLANNED UNIT DEVELOPMENT (PUD)" means a site upon which residential, commercial,
industrial or other land uses or any combination thereof may be authorized in a flexible
manner so as to achieve the goals of the Community Plan.
"POWER GENERATION FACILITY" means a building, structure or lot used to produce energy by
combustion, such a s gas, coal or fuel burning plants. It does not include small-scale renewable
energy facilities (e.g. wind turbine, solar photovoltaic arrays, tidal and ocean current power
systems) that have a power rating of fifteen kilowatt (15 kW) or less. These small-scale
facilities fall under the definition of "UTILITY INSTALLATION".
"PUBLIC STREET" means a road which affords the principal means of access to abutting lots
By-Law Title:
Clyde River Zoning
By-Law Number:
133
12
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
and is open and maintained on a regular, year-round basis by the Corporation. It does not
include a public lane.
"QUARRY" means the excavation, processing and stockpiling of gravel, stone, sand, earth, clay
fill or other similar substances.
"RESTAURANT" means a building or part of a building where foods and beverages are offered
for sale to the public for consumption within the premises or off the site. This includes
licensed restaurants, cafes, lunchrooms and take-out restaurants.
"RETAIL STORE" means a building or part of a building in which goods, wares, merchandise,
substances, articles or things are offered for sale directly to the public at retail value and shall
include minor food processing and packaging in connection with the sale of food products.
"SECONDARY SUITE" means a self-contained dwelling unit created by either interior
renovation within the existing home or as an exterior addition to the house, provided that all
one entire face of the addition is attached to the principal dwelling and is architecturally
consistent with the principal dwelling, and shall not be considered a second dwelling on the lot
for the purposes of this by-law.
"SERVICE AND REPAIR SHOP" means a building or part of a building used for the sale and
repair of household articles and shall include all replacement shops, radio, television and
appliance repair shops, but shall not include industrial uses, manufacturing or vehicle repair
shops.
"SETBACK" means the right-angled distance from a lot line or street boundary to the nearest
part of a main building on the lot.
"SEWAGE TREATMENT PLANT" means a facility which is licensed or approved to filter and/or
treat sewage but does not include a sewage lagoon or sludge disposal area.
"SIGN" means any object or device intended for the purpose of advertising or calling attention
to any person, matter, thing or event and includes posters, notices, panels, boarding and
banners.
"STREET OR ROAD" means the whole and entire right-of-way of every road allowance in the
Hamlet of Clyde River.
"STREET LINE" means the boundary line of a street.
"STRUCTURE" means anything that is erected or constructed, either temporary or permanent,
the use of which requires location on the ground or attachment to something on or in the
ground.
"TEMPORARY" means such time limit as may be set by the Council for a specific use. In a case
where no time limit is set, "TEMPORARY" shall mean no more than sixty (60) consecutive days
unless otherwise indicated.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
13
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
"UTILITY" means any component of electrical power, cable television or telecommunication
systems.
"UTILITY INSTALLATION" means the actual building plant, works, utility line, tower,
transmitter, relay, receiver, pedestal or other equipment used to make or deliver a utility
product, commodity or service but does not include a power generation facility as defined in
this by-law. The definition of utility installation includes renewable energy generation systems
with a power rating of fifteen kilowatts (15 kW) or less.
"WAREHOUSE" means a building used primarily for the storage of goods and materials. It also
includes a centre for distribution or wholesale goods and commodities to retailers, professional
users or other wholesalers.
"WASTE DISPOSAL SITE" means a place where ashes, garbage, refuse, domestic waste,
industrial waste, Municipal refuse and sewage is disposed of or dumped.
"WATERCOURSES" means any lake, river, stream, ocean or other body of water.
"YARD" means part of a lot upon which no structure is erected above grade.
"YARD, FRONT" means the area extending across the full width of a lot from the front lot line
to the nearest wall of any main building or structure on the lot.
"YARD, REAR" means the area extending across the full width of a lot from the rear lot line to
the nearest wall of any main building or structure on the lot.
"YARD, INTERIOR SIDE" means the area extending across the full length of a lot between an
interior side yard to the nearest main wall of any building on the lot.
"YARD, EXTERIOR SIDE" means the area extending across the full length of a lot between an
exterior side yard to the nearest main wall of any building on the lot.
"ZONE" means a land use category as defined and regulated in this by-law and as shown on its
schedule.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
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MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
SECTION 3 - ADMINISTRATION
POWERS OF COUNCIL
3.1
All development must be approved by Council unless otherwise stated in this by-law.
3.2
No building may be erected in the Municipality in respect of which, in the opinion of Council,
satisfactory arrangements have not been made for the supply of electric power, streets or
other services or facilities.
DEVELOPMENT OFFICER
3.3
The Hamlet Council shall appoint a Development Officer as an authorized Officer of Council.
3.4
The Council will authorize the Development Officer to perform the following duties:
a) Exercise, on behalf of Council, the powers of Council under Section 20 (Unauthorized
Construction) of the Planning Act;
b) Keep and maintain for inspection by the public during normal office hours the following
official records:
i.
A copy of this by-law and all the amendments thereto;
ii.
A register of all applications for development, home occupations and amendments,
and all decisions made regarding all applications.
c) Carry out other duties as may be prescribed in the by-law;
d) Receive and review applications for Development Permits, amendments and variances to
the by-law;
e) Prepare a report to Council regarding applications for Development Permits, amendments
and variances to this by-law;
f) Approve, approve with conditions or refuse Development Permit applications, subject to
the authority provided by Council, for sheds, shacks or other similar types of accessory
buildings.
g) Issue Notice of Decisions subject to the provisions of this by-law;
h) Request Council to revoke or suspend a Development Permit where the permit holder is in
breach of this by-law or of conditions of a Development Permit;
i) Carry out any inspection on lands or premises necessary to enforce this by-law.
DEVELOPMENT PERMIT
3.5
No person or agency shall undertake development without a Development Permit.
3.6
No Development Permit shall be issued for development that is in contravention of this by-law.
3.7
The approval of a Development Permit shall not relieve the permit holder from constructing in
accordance with the National Building Code, the National Fire Code and all federal and
territorial regulations.
3.8
The approval of a Development Permit shall not exempt any person or agency from complying
with the requirements of any other by-law in force within the Municipality of Clyde River or to
obtain any license, permission or permit required by Municipal, territorial and federal
By-Law Title:
Clyde River Zoning
By-Law Number:
133
15
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
legislation.
3.9
Development will be of a consistent quality and character and will follow the lot development
standards set out in Section 3. a) of the Community Plan.
3.10
All development requires a Development Permit except for the following:
a) For grading or landscaping where the cutting or filling is less than one (1) meter and
provided that the drainage of the surrounding area is not affected;
b) Small-scale traditional and cultural activities including the establishment of a trap line and
non-commercial tent camps in the Nuna Zone;
c) Minor repairs, painting, decoration or landscaping, provided that no person's health or
safety is endangered, or completion of a development approved for or under construction
on the effective date of this by-law;
d) Minor repairs or renovations that do not increase the floor space of the building, but this
does not exempt anyone from informing the Fire Marshal's Office of their plans;
e) A temporary building or structure associated with construction, unless such building or
structure is used for human habitation.
f) The installation, maintenance and repair of public works, services and utilities carried out
by the Hamlet on land which is publicly owned or controlled;
g) Temporary election campaign signs and signs not exceeding one square meter (1 m2) in
size;
h) Decks or open porches in the Residential Zone that meet all provisions of this by-law.
DEVELOPMENT PERMIT SUBMISSION REQUIREMENTS
3.11
A complete application form for a Development Permit must be submitted to the Development
Officer.
3.12
Every application shall be accompanied by:
a) The required application fee, calculated as follows (where development involves more than
one type of development, the fees shall equal the value of the highest and single fee):
i.
Residential projects with four (4) units or less: one hundred dollars ($100.00) per
dwelling unit for proposals of four (4) units or less;
ii.
Residential projects with more than four (4) units: four hundred dollars ($400.00) for
the first four (4) units plus forty dollars ($40.00) for each additional unit;
iii.
Non-residential projects of five hundred square meters (500 m2) or less: two hundred
dollars ($200.00);
iv.
Non-residential projects over five hundred square meters (500 m2): two hundred
dollars ($200.00) for the first five hundred square meters (500 m2) plus eighty cents
($.80) for every additional square meter to maximum fee of five thousand dollars
($5000.00);
v.
For any building addition, deck, fence or accessory building with a construction value
over five thousand dollars ($5000.00): fifty dollars ($50.00);
vi.
For any building addition, deck, fence or accessory building with a construction value
under five thousand dollars ($5000.00): twenty-five dollars ($25.00);
By-Law Title:
Clyde River Zoning
By-Law Number:
133
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MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
vii.
Any sign larger than one square meter (1m2): seventy-five dollars ($75.00);
viii. Notwithstanding the application fees as set out in Section 3.12, any development(s)
proposed by the Hamlet of Clyde River, or developments that will be owned by the
Hamlet, or applications for camping cabins, are exempt from Development Permit
application fees.
b) A site plan drawn to scale in metric units and showing:
i.
The location of existing buildings;
ii.
All legal dimensions of the lot(s);
iii.
The location and dimensions of surrounding lots and buildings;
iv.
Plans of the proposed buildings showing dimensions;
v.
Proposed front, rear and side yard setbacks;
vi.
Access points to property;
vii.
Exterior materials;
viii. The location of outdoor fuel storage facilities;
ix.
The location of water and sewer connections;
x.
The location of water and sewage storage tanks; and
xi.
The location of existing watercourses.
c) The Development Officer may require additional information.
d) For development that is subject to terms and conditions, a letter must be submitted by the
applicant to demonstrate to the Development Officer that the adjacent landowners have
been notified in person or in writing.
e) A Letter of Consent from the appropriate Landlord is also required.
NOTICE OF DECISION
3.13
Each application shall be considered by Council or the Development Officer as required and
shall be either approved (with or without conditions) or refused, with written reasons provided
for the refusal.
3.14
A decision on an application for a Development Permit shall be made by the Development
Officer or Council within forty (40) days of receipt of the application in its complete and final
form. If a decision is not made within forty (40) days, the application for the Development
Permit shall be deemed to be refused.
3.15
When an application is approved, the Development Officer will, within three (3) days of the
date of decision, post a Notice of Decision conspicuously on the lot for which the application
has been approved and in the Hamlet Office.
3.16
When a Variance has been granted, the Development Officer will, within three (3) days of the
date of decision, send a Notice of Decision to adjacent property owners.
3.17
The Development Permit does not become effective until fourteen (14) days after the Notice
has been posted or mailed, and where no appeal of the decision has been filed, and where the
relevant conditions of development approval have been met.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
17
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
EXPIRY OF DEVELOPMENT PERMIT
3.18
A Development Permit shall become void if:
a) The development is not completed within two (2) years of the date of Notice of Decision; or
b) The development has not commenced after one (1) year of the date of Notice of Decision;
or
c) If there has been any violation of this by-law or of any conditions in the permit.
ENFORCEMENT
3.19
Anyone violating any provision of this by-law or conditions of a Development Permit is liable to
a fine of five hundred dollars ($500.00) plus one hundred dollars ($100.00) for every day the
offence continues, as specified in Section 34 of the Planning Act and Sections 105, 106, 107 and
108 of the Hamlets Act.
DEVELOPMENT AGREEMENTS
3.20
The Development Officer may recommend that a Development Agreement be required as a
condition of approval for a Development Permit. The Development Agreement may contain
contractual arrangements as to the following:
a) Design, including exterior materials and signage of any proposed building or structure;
b) The provision of site grading, landscaping, fencing, screening materials, location of garbage
receptacles and lighting;
c) The replacement or construction of roads, sidewalks and street lighting associated with the
development;
d) The provision of Municipal services;
e) The provision of on-site amenities;
f) The provision of parking;
g) The moving of buildings; and
h) Financial security for the implementation of the above-noted matters.
DEVELOPMENT APPEAL BOARD
3.21
In accordance with Sections 21 and 22 of the Planning Act, Council shall establish a
Development Appeal Board and, by resolution, appoint one (1) Council member and two
community residents as members of the Development Appeal Board. Members will be
appointed for a three (3) year consecutive term. The Development Appeal Board will not
include employees of the Hamlet.
3.22
Anyone claiming to be affected by a decision made by Council under this by-law may appeal in
writing to the Development Appeal Board within fourteen (14) days of the mailing or posting of
a Notice of Decision.
3.23
Upon receiving in writing an appeal, the Development Appeal Board shall:
a) Hold a hearing with a minimum of three (3) Board members within thirty (30) days from the
receipt of the appeal upon determining that the appeal is based on planning grounds;
b) Ensure that reasonable notice of the hearing is given to the applicant and all persons who,
in the opinion of the Board, may be affected;
By-Law Title:
Clyde River Zoning
By-Law Number:
133
18
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
c) Allow the Development Officer and every person concerned with the opportunity to be
heard, to submit evidence and to hear the evidence of others;
d) Consider the circumstances and merits of each case and consider the purpose, scope and
intent of the Community Plan and the provisions of this by-law;
e) Confirm, reject or vary the decision appealed and impose such conditions as it considers
necessary under the circumstances; and
f) Take minutes of the hearing and render its decision in writing to the parties involved within
sixty (60) days of the hearing date.
3.24
Where a member of the Development Appeal Board has an interest in an application for a
Development Permit that is being appealed, they shall be subject to the provisions of the
Conflict of Interest Act.
ZONING BY-LAW AMENDMENTS
3.25
A person who seeks to have this by-law amended shall submit an application to Council with
the following:
a) A copy of their lease or certified true copy of their certificate of leasehold title;
b) A fee of two hundred and fifty dollars ($250.00); and
c) Any information as may be required by Council.
RULES OF INTERPRETATION
3.26
Typical uses listed in the definitions as examples are not intended to be exclusive or restrictive.
Reference should be made to the intent, impact and definition of the use in determining
whether or not the type of use proposed is consistent with the examples listed.
3.27
Where a specific use does not conform to the wording of any use definition or generally
conforms to the wording of two (2) or more definitions, a Development Officer may use their
discretion to determine which definition of use type is most similar in terms of character and
purpose.
INSPECTION OF PREMISES
3.28
The Development Officer, or his or her delegate, may enter and inspect a property if there is
reason to believe that the land, building or structure has been erected, altered, enlarged or
used in violation of any of the provisions of this by-law.
VIOLATIONS AND PENALTIES
3.29
In the case of any lot being used, any building or structure being erected, altered,
reconstructed, demolished, extended or part thereof in contravention of any provision of this
by-law, or a permit issued under this by-law, the Development Officer, by written notice, may
require the cessation of such contravention.
3.30
Where a person has been served written notice and fails to comply with its requirements, the
Development Officer or designated officials may enter the property and carry out the work
required by the notice and recover the resulting expense from the owner by action.
3.31
Any person who undertakes or permits development on land without a Development Permit or
By-Law Title:
Clyde River Zoning
By-Law Number:
133
19
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
without complying with conditions of a Development Permit is guilty of an offence and liable
on summary conviction to a fine. Each day of violation shall constitute an offence.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
20
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
SECTION 4 - COMPLIANCE WITH OTHER REGULATIONS
4.1
Nothing in this by-law shall exempt any person from complying with the requirements of any
other by-law in force within the Municipality of Clyde River or to obtain any license, permission
or permit required by any other by-law of the Municipality of Clyde River or statute and
regulations of the Government of Nunavut or the Government of Canada.
4.2
Where the provisions in this by-law conflict with those of any other Municipal, federal or
provisional regulations, by-laws or codes, the higher or more stringent requirement shall
prevail.
REVIEW BY FIRE MARSHAL'S OFFICE
4.3
The Hamlet Council shall seek the comments of the Fire Marshal's Office before approving a
development application for the following type of uses:
a) Residential uses:
i.
All semi-detached, duplex, rowhouse or multi-unit dwellings; and
ii.
Single units that do not meet the required setbacks.
b) All non-residential uses
Applications for Development Permits must include proof that the development has been
approved by the Fire Marshal's office.
NUNAVUT IMPACT REVIEW BOARD
4.4
Industrial development which is subject to screening must be approved by the Nunavut Impact
Review Board (NIRB) before a Development Permit can be issued. The screening criteria are
identified in the NIRB Guide to Project Proposals Exempt from Screening document.
NUNAVUT WATER BOARD AND AANDC
4.5
The Nunavut Water Board (NWB) must approve all projects proposing to use, or dispose of
waste into, water, including proposals to partially or fully fill a waterbody. Once approved,
Aboriginal Affairs and Northern Development Canada (AANDC) enforce the licenses. If a
waterbody is deemed 'navigable', Transport Canada must also approve these activities,
pursuant to the Navigable Waters Protection Act (NWPA). If applicable, the project will also be
circulated to the Department of Fisheries and Oceans Canada (DFO) for review and approval.
LEGAL LAND TENURE
4.6
Before a Development Permit can be issued on a new undeveloped lot, the owner of the
proposed improvements must obtain legal land tenure or a Letter of Permission-to-Occupy
until such time that lease documents can be executed.
NUNAVUT PLANNING COMMISSION
4.7
Information on any development or amendments occurring close to the Municipal Boundary or
any development with potential impacts outside the Municipal Boundary should be submitted
to the Nunavut Planning Commission (NPC) for review and comment.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
21
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
AIRPORT ZONING REGULATIONS
4.8
Any land use must be compliant with the Clyde River Airport Zoning Regulations. All
development proposals adjacent to airport property, as well as other development proposals
that could potentially interfere with airport operations , require review and approval by
Nunavut Airports, Operations & Safety prior to construction.
SCIENTIFIC INSTALLATIONS
4.9
Notwithstanding the regulation in Section 6, no use or development shall be permitted which
will interfere with the operation of atmospheric monitoring or other scientific installations (e.g.
telecommunications, radar, EMR magnetic observatory, meteorological station). all
development proposals which could potentially interfere with such installations require review
and approval by the appropriate Territorial and Federal Departments.
ARCHAEOLOGICAL SITES
4.10
Whenever archaeological specimens are found during construction, they should be reported
immediately to the Development Officer, who must immediately report them to the Territorial
Archaeologist at the Department of Culture and Heritage. All development must comply with
the Nunavut Lands Claim Agreement, Sections 33 and 34, and the Nunavut Archaeological and
Palaeontological Sites Regulations.
GRANULAR RESOURCES
4.11
Except where provided for within this by-law, no person shall strip, excavate or otherwise
remove granular material for sale or for use from a lot or other parcel of land.
4.12
Where, in connection with the construction of a building or structure, there is an excess of
granular material other than that required for grading and landscaping on a lot, such excess
may be removed for sale or use.
4.13
A Quarry Permit is required to remove any granular material. The Nunavut Impact Review
Board must review the development of new quarries prior to issuing any Quarry Permits for
these areas.
UTILITY CORPORATION
4.14
The Customer shall ensure that all required permits, licenses and authorizations are provided
to the Corporation prior to commencement of service or any change of service requirements at
any point of delivery or commencement of construction of new service extensions.
GENERAL SANITATION REGULATIONS
4.15
Any land use must be compliant with the General Sanitation Regulations of the Public Health
Act. All development proposals for residential uses and uses involving food storage or food
preparation proposed within four hundred and fifty meters (450 m) of a waste disposal site
require review and approval from the Environmental Health Officer prior to the issuance of a
development permit.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
22
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
SECTION 5 - GENERAL PROVISIONS
ACCESSORY BUILDING, STRUCTURE OR USE
5.1
Accessory uses, buildings and structures shall be permitted in any zone but shall:
a) For the total gross floor area of all accessory buildings on the lot, not exceed fifty percent
(50%) of the gross floor area of the main building. This total includes both permitted and
non-conforming accessory uses;
b) Not be used for habitation except where a dwelling is a permitted accessory use;
c) Not be used for the keeping of animals other than household pets;
d) Not be built closer to the front or exterior side lot line than the minimum distance required
for the main building;
e) Not be located closer than one meter (1 m) to any interior side or rear lot line;
f) Not exceed one-half (½) the height of the main building or exceed a height of four point six
meters (4.6 m) [fifteen (15) feet] in a residential zone; and
g) Not exceed forty square meters (40 m2) in any Residential Zone.
BED AND BREAKFAST
5.2
Where permitted, bed and breakfasts shall conform to the following requirements:
a) The bed and breakfast lodging forms part of a single unit dwelling;
b) The number of bedrooms devoted to the use shall not exceed four (4) in number;
c) No sign in connection with the use shall exceed zero point seven five square meters (0.75
m2) in area nor exceed one (1) in number;
d) On-street parking shall be prohibited; and
e) The use should conform to all Building and Fire Codes.
BUIDING TO BE MOVED
5.3
No building, residential or otherwise, shall be relocated without obtaining a Development
Permit.
DAY CARE FACILITIES
5.4
Where day cares are permitted under this by-law, all day care centers or home day cares must
comply with Fire Protection Regulations, the Child Day Care Act and the Child Standards
Regulations, as amended.
DISTANCE FROM WATERCOURSES
5.5
No development shall be permitted within thirty point four eight meters [one hundred (100)
foot strip] along the shoreline of the seacoast, navigable rivers and navigable lakes measured
from the ordinary high-water mark.
FENCES
5.6
No fences are permitted in residential zones. Fences may be permitted in Industrial,
Transportation and Commercial/Community Use zones, but would be subject to terms and
conditions set out by the Council.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
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MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
FRONTAGE ON A STREET
5.7
No Development Permit shall be issued except where the lot has frontage on a street or road.
Exceptions are made where specifically provided for in the by-law. Where a lot has frontage on
more than one street, the Development Officer may require any building, structure or
accessory building on the lot to maintain a front yard on each street so as to present a
consistent street appearance on each street.
FRONTAGE ON CURVES
5.8
Where the front lot line of any lot is a curved line or when the side-lines of a lot are not
parallel, the minimum front lot line shall be a minimum of ten (10) meters.
HEIGHT
5.9
When used with reference to a building or structure, height is defined as the vertical distance
between the average finished grade and a horizontal plane through either:
a) the highest point of the roof, in the case of a building with a flat roof;
b) the average level of a sloped roof, provided that such a roof has a slope of less than twenty
(20) degrees; or
c) the average level between eaves and ridges in the case of a pitched, gambrel, mansard or
hipped roof.
HEIGHT EXCEPTIONS
5.10
Where height limitations are set forth in this by-law, such limitations shall not apply to
artworks and cultural structures (i.e. Inukshuks), aids to navigation or aviation, antennae, bulk
storage tanks, chimneys, church steeples, clock towers, communication facilities, electrical
supply facilities, fire towers, flagpoles, lighting standards, lightning rods, mechanical equipment
penthouses, skylights, solar panels, stacks, water tanks or windmills. Notwithstanding the
foregoing, limitations prescribed by a Federal Ministry or other Authority with respect to
height limitations and appropriate lighting in the vicinity of airfields shall prevail.
5.11
The height of buildings and structures in the vicinity of airports are regulated by Airport Zoning
Regulations (Section 4.8) of this by-law.
HOME OCCUPATION
5.12
Where permitted under this by-law, a home occupation:
By-Law Title:
Clyde River Zoning
By-Law Number:
133
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MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
a) May not change the residential character of the lot by creating problems with noise, traffic,
outdoor storage or any other nuisance;
b) May not employ more than two (2) people who do not live in the dwelling;
c) May not show any evidence that there is a business in the dwelling unit except for a sign no
bigger than zero point three square meters (0.3 m2) [three square feet (3 feet2); and
d) May not occupy more than twenty-five percent (25%) of the gross floor area of the
dwelling.
LOADING SPACE REQUIREMENTS
5.13
Every building or structure in a non-Residential zone involving the frequent receiving, loading
or unloading of goods, merchandise and raw materials shall provide off-street space for such
vehicles to stand and for loading and unloading
LOTS DIVIDED INTO MORE THAN ONE ZONE
5.14
Where a lot has two or more zones, the zone containing the largest area of the lot shall apply.
MINOR VARIANCE
5.15
Where a development does not conform with the site regulations, Council may vary the
regulations of development in accordance with the following:
DEGREE OF RELAXATION
Residential Zones
Other Zones
Front Yard
twenty-five percent (25%)
Discretion of Council
Side Yard
twenty-five percent (25%) with
prior authorization of the Fire
Marshal
fifteen percent (15%) with prior authorization of
the Fire Marshal
Rear Yard
twenty-five percent (25%)
fifteen percent (15%)
MULTIPLE USES ON A LOT
5.16
In any zone where any land or building is used for more than one (1) use, all provisions of the
by-law related to each use shall be satisfied, except where otherwise provided.
NON-CONFORMING BUILDING OR USE
5.17
This by-law cannot be used to prevent the use and development of land that had been lawfully
established or has a valid Development Permit or was under construction at the time that this
by-law was enacted. Non-conforming uses are subject to the following regulations:
a) The non-conforming use may be transferred to a new owner or occupant;
b) The non-conforming building may be enlarged up to twenty percent (20%) of the gross
floor area of the building, as it existed on the date this by-law came into effect, as long as
the enlargement does not increase the extent to which the building is non-conforming;
c) If a non-conforming building or use of land is discontinued for twelve (12) consecutive
months, the future use shall conform with this by-law; and
d) If more than fifty percent (50%) of a non-conforming building or use is accidentally
By-Law Title:
Clyde River Zoning
By-Law Number:
133
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MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
destroyed, any new use or building must conform to this by-law.
ONE MAIN BUILDING ON A LOT
5.18
Except where provided for in this by-law, no more than one (1) main building may be placed or
erected, and no building or structure may be altered to become a second main building on a
lot.
OUTDOOR STORAGE
5.19
Outdoor storage in the Commercial/Community Use Zone shall only be permitted in rear or
interior side yards and shall be enclosed from view from any public street or walking trail
through the use of appropriate visual screening (e.g. fence or berm).
5.20
Outdoor storage in Industrial or Transportation Zones shall not be permitted within any
minimum front, side or rear yards where these yards abut a Residential or
Commercial/Community Use Zone.
PARKING REQUIREMENTS
5.21
Parking shall be required for any use, building or structure in accordance with the following
standards and such parking shall be accessory to a permitted use and located on the same lot
as the use:
a) Residential - one (1) parking space per dwelling unit;
b) Residential in a non-Residential building - one (1) parking space per two (2) dwelling units;
c) Commercial/Community Use - one (1) space per seventy-five square meters (75 m2) of
gross floor area;
d) Industrial - one (1) space for every three (3) people working on site;
e) School - one (1) space for every three (3) people working on site; and
f) Open Space - discretion of Development Officer or Council.
5.22
Each required parking space shall be six meters (6 m) in length and two point seven meters (2.7
m) wide.
5.23
For a required parking area of more than six (6) spaces, at least one (1) space for every twenty-
five (25) spaces must be a designated space for persons with disabilities. A space for persons
with disabilities shall be six meters (6 m) in length and three point seven meters (3.7 m) wide.
5.24
Any development over one thousand square meters (1000 m2) in gross floor area and located
in the Commercial/Community Zone shall locate required parking at the side or rear of the
building. Any non-residential development with a requirement for three (3) or more parking
spaces must:
a) Provide a driving aisle with a minimum width of six point five meters (6.5 m); and
b) Define the parking area using parking rails, boulders, blocks, bollards or other material so
that the parking does not encroach or cross onto the road allowance or adjacent lots.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
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MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
PERMITTED PROJECTIONS INTO YARDS
5.25
Despite any other provision to the contrary, the following features and other similar features
are permitted to project from a principal building into a required yard in accordance with the
following table. This Section does not apply to the projections of any structure into the
minimum required setback from watercourse or waterbodies.
Object
Permitted projection into any
required yard
Minimum distance from
lot line
Canopies or awnings
one point five meters (1.5 m)
three meters (3 m)
Solar panels, heat pump or similar equipment
one meter (1 m)
three meters (3 m)
Unenclosed balconies or stairways, including a
fire escape
one point five meters (1.5 m)
three meters (3 m)
Unenclosed porches, decks and steps
three meters (3 m)
three meters (3 m)
PLANNED UNIT DEVELOPMENT (PUD)
5.26
Planned Unit Development (PUD) is only permitted if:
a) It is located in a zone in which a planned unit development is a permitted use;
b) It consists only of uses that permitted in the zone; and
c) The entire planned unit development complies with all applicable Sections of this by-law as
well as other applicable acts, codes, regulation or guidelines (e.g. Fire Preventions Act,
Building Code Act, Good Building Practices Guideline).
RESTORATION TO A SAFE CONDITION
5.27
Nothing in this by-law shall prevent the strengthening or restoring to a safe condition of any
building or structure.
SATELLITE DISHES
5.28
Satellite dishes shall not be permitted between the building and the street line. Poles must be
located at the side or rear and positioned so as to avoid obstructing parking and/or service
delivery.
TEMPORARY CONSTRUCTION USES PERMITTED
5.29
Nothing in this by-law shall prevent the use of land or the use or erection of a temporary
building or structure, which is accessory to construction in progress, such as a mobile home,
tool or maintenance shed, trailer, sea container or scaffold, provided that a Development
Permit for the main use has been issued and the temporary use is discontinued and removed
within thirty (30) days following completion of construction.
UTILITIES
5.30
Structures or buildings required by the Hamlet of Clyde River or any public utility corporation
to provide utility services may be permitted in any zone, provided that such structures or
buildings comply with all applicable statutes, regulations, standards, codes and agreements.
Structures such as utility poles, utility lines and pipelines are exempt from the minimum yard
setback and maximum building height provisions of this by-law.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
27
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
WATERSHED OVERLAY
5.31
Notwithstanding the permitted and conditional uses of the underlying zone, on lands subject
to the Watershed Overlay, no commercial or industrial development which uses or stores
hazardous materials are permitted.
5.32
Despite Section 5.31, uses accessory to the supply of water such as a pipeline, a pumping or
monitoring station or a road are permitted.
YARD REGULATIONS
5.33
No person shall keep or permit in any part of the yard in any residential zone:
a) Any more than two (2) dismantled vehicles for more than six (6) months and such vehicles
shall be stored out of public view;
b) Any object or chattel which, in the opinion of the Development Officer is unsightly or tends
to adversely affect the amenities of the district; or
c) Any excavation, storage or piling up of materials required during the construction stage
unless all necessary safety measures are undertaken.
5.34
No person shall keep or permit on any site any buildings, or structures or portions thereof,
rubbish or other things that may constitute, in the opinion of the Development Officer, a fire
hazard, or hazard to safety or health.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
28
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
SECTION 6 - ZONE REGULATIONS
RESIDENTIAL (R)
6.1
Permitted Uses
Dwelling, single-unit
Dwelling, semi-detached or duplex
Dwelling, rowhouse
Dwelling, multi-unit
Dwelling, apartment
Park or playground
6.2
Conditional Uses
Bed and breakfast
Craft studio
Day care center
Dwelling, mini home
Elders facility
Group home
Home occupation
Secondary suite
Planned Unit Development
6.3
Zone Requirements
a) The following provisions apply to all development in this Zone:
Setbacks (minimum)
Front = six meters (6 m)
Rear = six meters (6 m)
Rear, backing onto an OS Zone = two point five meters (2.5 m)
Side (Exterior) = four meters (4 m)
Side (Interior) = six meters (6 m), or as required by the Fire Marshal
Building Height (maximum)
Single-unit, semi-detached/duplex, rowhouse and Conditional Uses = eight point five
meters (8.5 m) [ twenty-eight (28) feet]
Multi-unit, apartment = ten point seven meters (10.7 m) [thirty-five (35) feet]
b) Despite the provisions of Section 6.3 a), for semi-detached dwellings or rowhouse dwellings
located on separate adjacent lots, the side yard where units are attached may be reduced
to zero (0).
c) Parking or storage of a commercial vehicle having a gross vehicle weight of four thousand
five hundred kilograms (4,500 kg) or more, or construction equipment including bulldozers,
backhoes, high hoes and pay loaders is not permitted.
d) The following provisions will apply to Secondary Suites:
By-Law Title:
Clyde River Zoning
By-Law Number:
133
29
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
i.
The suite forms part of a single-unit or semi-detached dwelling;
ii.
The suite is structurally attached or located within the principal dwelling; and
iii.
The suite does not exceed a floor area of twenty-five percent (25%) of the principal
dwelling, or sixty square meters (60 m2) of gross floor area, whichever is less.
COMMUNITY/COMMERCIAL (C)
6.4
Permitted Uses
Automotive gas bar
Bank
Broadcasting studio
Commercial recreation
Communications facility
Community freezer
Community hall or center
Convenience store
Correctional facility
Craft studio
Day care center
Educational facility
Emergency and protective services
Government office
Group home
Health care facility
Hotel
Office
Park or playground
Parking lot
Personal service
Place of worship
Post office
Restaurant
Retail store
Service and repair shop
6.5
Conditional Uses
Cemetery
Dwelling unit(s) in a non-residential building provided that the dwelling unit(s) are above
the ground floor
Home occupation
Planned Unit Development
Staff housing
Uses similar in character and purpose to those listed for this zone
6.6
Zone Requirements
a) The following provisions apply to all development in this Zone:
Setbacks (minimum)
Front = six meters (6 m)
Rear = six meters (6 m)
Side (Exterior) = six meters (6 m)
Side (Interior) = six meters (6 m), or as required by the Fire Marshal
Building Height (maximum)
three (3) storeys, not to exceed thirteen meters (13 m) [forty-three (43) feet]
OPEN SPACE (OS)
6.7
Permitted Uses
By-Law Title:
Clyde River Zoning
By-Law Number:
133
30
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
Archaeological site
Beach shacks
Boat storage
Dock
Monument, cairn or statue
Park or playground
Shed to store equipment for traditional, cultural and recreational activities taking place in
the Zone
Snow fence
Sports field
Washroom facility
6.8
Conditional Uses
Communications facility
Dog teams
Uses similar in character and purpose to those listed for this zone
6.9
Zone Requirements
a) The following provisions apply to all development in this Zone:
Gross Floor Area (maximum)
forty square meters (40 m2)
Building and/or Structure Height (maximum)
three point one meters (3.1 m) [ten (10) feet]
b) No building or structure shall be located closer than ten meters (10 m) to any side or rear
lot line.
c) Dog teams may not be located closer than thirty point five meters (30.5 m) to a waterbody
and must respect the regulations of the Dog Team Areas By-Law.
INDUSTRIAL (I)
6.10
Permitted Uses
Automotive gas bar
Automotive repair, sales or facility
Building supply or contractors shop
Caretaker unit
Communications facility
Community freezer
Heavy equipment and vehicle yard
Manufacturing plant
Outdoor storage
Rental shop
Warehouse
By-Law Title:
Clyde River Zoning
By-Law Number:
133
31
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
6.11
Conditional Uses
Barge staging and landing site with associated warehousing
Food processing facility
Fuel storage facility
Hazardous goods storage
Planned Unit Development
Power generation facility
Sewage treatment plant
6.12
Zone Requirements
a) The following provisions apply to all development in this Zone:
Setbacks (minimum)
Front = six meters (6 m)
Rear = eight meters (8 m)
Side (Exterior) = six meters (6 m)
Side (Interior) = eight meters, or as required by the Fire Marshal
Building Height (maximum)
ten point seven meters [thirty-five (35) feet]
b) Only one (1) caretaker unit is permitted on a lot.
c) Hazardous goods storage or tank farm uses shall not be permitted within thirty point five
meters (30.5 m) of any waterbody.
d) No food processing facility including food storage, handling or preparation shall be
permitted within four hundred and fifty meters (450 m) of a waste handling facility.
NUNA (N)
6.13
Permitted Uses
Archaeological site
Dog team
Temporary tenting or camping
6.14
Conditional Uses
Beach shack
Cabin
Quarry
Cemetery
Commercial harvesting
Communications facility
Permanent hunting and fishing cabins or camps
Resource exploration and development
Snow fence
Tourist facilities
Wind turbine
By-Law Title:
Clyde River Zoning
By-Law Number:
133
32
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
Land farm
6.15
Zone Requirements
a) Any development within the Communications Facility Influence Zone as indicated on the
Land Use Map shall be subject to the approval of NAV Canada.
b) No development is permitted with one hundred and fifty meters (150 m) downwind of any
snow fence without the approval of Council.
c) No development is permitted within two hundred meters (200 m) of a wind turbine.
d) No development is permitted within one hundred meters (100 m) of an Archaeological Site
or Paleontological Site, unless approved by the Territorial Archaeologist or Director of
Culture and Heritage from the Department of Culture and Heritage.
e) Cabins may not be located closer than thirty point five meters (30.5 m) to a waterbody
and/or road (whether it be surveyed or not).
f) No waste disposal site is permitted within ninety meters (90 m) from any public road
allowance, railway, right-of-way, cemetery, highway or thoroughfare.
TRANSPORTATION (T)
6.16
Permitted Uses
Airport and related uses
Communications facility
Planned Unit Development
Service shop
Sea lift facility
6.17
Zone Requirements
a) Any development within a four kilometre (4 km) radius of the airport reference point, as
shown by the Transportation Influence Zone on the Community Plan Schedule, shall be
subject to the approval of NAV Canada and Nunavut Airports.
b) No development shall occur within two hundred meters (200 m) of the Non-Directional
Beacon (NDB) Site.
By-Law Title:
Clyde River Zoning
By-Law Number:
133
33
MUNICIPALITY OF CLYDE RIVER BY-LAWS
By-Law #133 - Clyde River Zoning
SCHEDULE 2, 3 & 4 - ZONING MAP
SCHEDULE 5 - FORMS
Form A
Application for Development Permit
Form B
Application for Home Occupation
Form C
Development Permit and Notice of Approval
Form D
Permit - Notice of Refusal
Form E
Notice of Appeal Hearing
Form F
Notice of Appeal Decision
Form G
Stop Work Notice
Form H
Use of Land is in Violation of the Clyde River Zoning By-Law Notice
Form I
Application for Amendment to the Zoning By-Law
Form J
Request for Variance