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General Plan By-law No. 899
THE CORPORATION OF THE CITY OF IQALUIT
BY-LAW # 899
ZONING BY-LAW (2020)
A By-law of the City of Iqaluit in Nunavut to adopt a Zoning By-law, pursuant to the
provisions of the Planning Act, R.S.N.W.T. 1988, c. P-7 s.24
WHEREAS the Council of the City of Iqaluit has prepared a zoning by-law, referred to as the
"City of Iqaluit Zoning By-law" in accordance with the Planning Act.
NOW THEREFORE the Council of the City of Iqaluit, in a regular session duly assembled,
enacts as follows:
1.
The zoning by-law of the City of Iqaluit, known as the "City of Iqaluit Zoning By-law" and
the attached Schedule A, Schedule B, Schedule B1, Schedule B2, Schedule B3, and
Schedule B4 of this by-law, are hereby adopted.
2.
Schedule A, Schedule B, Schedule B1, Schedule B2, Schedule B3, and Schedule B4, form
part of this by-law.
3.
This By-law shall come into effect on the date of its third reading.
4.
By-law No. 704, as amended, is hereby repealed.
READ a first time this 25 day of August 2021.
Kenny Bell
Mayor
Amy Elgersma
Chief Administrative Officer
General Plan By-law No. 899
After due notice and a Public Hearing held on _________________.
READ a second time this ____ day of ___________ 202_.
Kenny Bell
Mayor
Amy Elgersma
Chief Administrative Officer
APPROVED by the Minister of Community and Government Services this _____ day of
_____________ 202__.
Minister, Community and Government Services
Honourable David Akeeagok
READ a Third and Final time this ______ day of __________________ 202_.
Kenny Bell
Mayor
Amy Elgersma
Chief Administrative Officer
General Plan By-law No. 899
Table of Contents
Iqaluit Zoning By-law No.899
i
Table of Contents
PART 1 - GENERAL REQUIREMENTS
SECTION 1 - INTRODUCTION ........................................................... 1
TITLE ............................................................................................................. 1
COMPONENTS OF THE BY-LAW ................................................................ 1
EFFECTIVE DATE ........................................................................................ 1
REPEAL OF EXISTING BY-LAWS ................................................................ 1
DEFINED AREA ............................................................................................ 1
VALIDITY ....................................................................................................... 1
INTERPRETATION ....................................................................................... 2
ZONING MAPS .............................................................................................. 2
ZONING BOUNDARIES ................................................................................ 2
SECTION 2 - AUTHORIZATION AND ADMINISTRATION ................. 4
DEVELOPMENT OFFICER ........................................................................... 4
DEVELOPMENT REQUIRING A DEVELOPMENT PERMIT ........................ 4
AUTHORITY OF COUNCIL ........................................................................... 5
AUTHORITY OF THE DEVELOPMENT OFFICER ....................................... 5
APPLICATION PROCEDURE FOR OBTAINING A DEVELOPMENT
PERMIT ......................................................................................................... 6
NOTICE OF DECISION ................................................................................. 8
ISSUANCE OF A DEVELOPMENT PERMIT ................................................. 9
DEVELOPMENT PERMIT DEEMED NULL AND VOID ................................ 9
DEVELOPMENT AGREEMENTS ............................................................... 10
DEVELOPMENT APPEAL BOARD ............................................................. 10
GOVERNMENT OF NUNAVUT BUILDING OFFICIAL ................................ 11
INSPECTION OF PREMISES ..................................................................... 11
VIOLATIONS AND PENALTIES .................................................................. 12
AMENDMENTS TO THIS BY-LAW ............................................................. 12
SECTION 3 - DEFINITIONS .............................................................. 13
DEFINITIONS ............................................................................................ 133
SECTION 4 - GENERAL PROVISIONS ............................................ 29
ACCESSORY BUILDINGS OR STRUCTURES .......................................... 29
AUTOMOTIVE VEHICLE STORAGE .......................................................... 29
BUILDINGS TO BE MOVED ........................................................................ 30
CONFLICTING STANDARDS ................................................................... 300
DESIGN GUIDELINES .............................................................................. 300
DEVELOPMENT ON TRUCKED OR PARTIAL SERVICES ...................... 300
FRONTAGE ON PUBLIC STREET ........................................................... 300
HEIGHT EXCEPTIONS ............................................................................. 300
LANDSCAPING ......................................................................................... 311
LOTS DIVIDED INTO MORE THAN ONE ZONE....................................... 311
NON-CONFORMING USES ...................................................................... 311
OCCUPANCY RESTRICTIONS ................................................................ 322
ONE LOT FOR ZONING PURPOSES ....................................................... 333
PERMITTED PROJECTIONS INTO REQUIRED YARDS ......................... 333
Table of Contents
Iqaluit Zoning By-law No.899
ii
OPEN STORAGE ...................................................................................... 333
SIGHT TRIANGLES .................................................................................. 344
SPECIAL AIRPORT PROVISIONS ........................................................... 344
THROUGH LOTS ...................................................................................... 344
WATERCOURSE SETBACKS .................................................................. 344
SECTION 5 - SPECIAL PROVISIONS ............................................ 355
AUTOMOTIVE GAS BARS ........................................................................ 355
DAY CARE CENTRES .............................................................................. 355
HOME-BASED BUSINESSES................................................................... 355
MOBILE HOMES ......................................................................................... 36
RESIDENTIAL CARE FACILITY ................................................................. 36
SECONDARY SUITES ................................................................................ 37
SHORT-TERM RENTAL .............................................................................. 37
TEMPORARY DEVELOPMENT .................................................................. 38
UTILITY INSTALLATION ............................................................................. 38
SECTION 6 - PARKING AND LOADING REQUIREMENTS ........... 400
PARKING REQUIREMENTS..................................................................... 400
ACCESSIBLE PARKING ........................................................................... 422
DIMENSIONS OF PARKING AREAS .......................................................... 43
PARKING AREA SURFACE ........................................................................ 43
MORE THAN THREE PARKING SPACES ON LOT ................................... 43
ACCESS ...................................................................................................... 44
MORE THAN ONE USE ON A LOT ............................................................. 44
ADDITIONS AND CHANGES OF USE ........................................................ 44
USE OF PARKING SPACE AND AREAS .................................................... 45
COMMERCIAL VEHICLES IN RESIDENTIAL ZONES ............................... 45
PARKING AREA LOCATION ON LOT ........................................................ 45
OFF-SITE PARKING SPACES .................................................................... 46
LOADING SPACE REGULATIONS ............................................................. 46
SECTION 7 - SIGN PROVISIONS..................................................... 47
SIGNS REQUIRING PERMITS ................................................................... 47
SIGNS NOT REQUIRING PERMITS ........................................................... 47
PROHIBITED SIGNS ................................................................................... 48
SECTION 8 - LOW DENSITY RESIDENTIAL ZONE - FULL
SERVICES (R1) ................................................................................. 49
PERMITTED USES ..................................................................................... 49
CONDITIONAL USES ................................................................................. 49
CONDITIONAL USE CRITERIA .................................................................. 49
ZONE PROVISIONS ................................................................................... 49
SPECIAL EXCEPTION ZONE ..................................................................... 50
SECTION 9 - LOW DENSITY RESIDENTIAL ZONE - TRUCKED
SERVICES (R1A) ............................................................................ 522
PERMITTED USES ................................................................................... 522
CONDITIONAL USES ............................................................................... 522
CONDITIONAL USE CRITERIA ................................................................ 522
ZONE PROVISIONS ................................................................................... 52
SPECIAL EXCEPTION ZONE ................................................................... 533
Table of Contents
Iqaluit Zoning By-law No.899
iii
SECTION 10 - MEDIUM DENSITY RESIDENTIAL ZONE - (R2).... 555
PERMITTED USES ................................................................................... 555
CONDITIONAL USES ............................................................................... 555
CONDITIONAL USE CRITERIA ................................................................ 555
ZONE PROVISIONS ................................................................................. 555
SPECIAL EXCEPTION ZONE ..................................................................... 58
SECTION 11 - HIGH DENSITY RESIDENTIAL ZONE - (R3) ........... 59
PERMITTED USES ..................................................................................... 59
CONDITIONAL USES ................................................................................. 59
CONDITIONAL USE CRITERIA .................................................................. 59
ZONE PROVISIONS ................................................................................... 59
SPECIAL EXCEPTION ZONE ..................................................................... 61
SECTION 12 - CLUSTER RESIDENTIAL ZONE - (RC) ................. 622
CONDITIONAL USES ............................................................................... 622
CONDITIONAL USE CRITERIA .................................................................. 62
ZONE PROVISIONS ................................................................................. 633
SPECIAL EXCEPTION ZONE ..................................................................... 63
SECTION 13 - SIJJANGA ZONE (S) .............................................. 655
PERMITTED USES ................................................................................... 655
CONDITIONAL USES ............................................................................... 655
CONDITIONAL USE CRITERIA ................................................................ 655
ZONE PROVISIONS ................................................................................... 66
SPECIAL EXCEPTION ZONE ..................................................................... 67
SECTION 14 - CAPITAL DISTRICT ZONE - (CD) ........................... 69
PERMITTED USES ..................................................................................... 69
CONDITIONAL USES ................................................................................. 69
CONDITIONAL USE CRITERIA .................................................................. 69
ZONE PROVISIONS ................................................................................... 70
SECTION 15 - CENTRAL BUSINESS ZONE - (B1) ....................... 711
PERMITTED USES ................................................................................... 711
CONDITIONAL USES ................................................................................. 71
CONDITIONAL USE CRITERIA .................................................................. 72
ZONE PROVISIONS ................................................................................... 72
SPECIAL EXCEPTION ZONE ................................................................... 733
SECTION 16 - DISTRICT COMMERCIAL ZONE - (B2) ................. 755
PERMITTED USES ................................................................................... 755
CONDITIONAL USES ............................................................................... 755
CONDITIONAL USE CRITERIA .................................................................. 76
ZONE PROVISIONS ................................................................................... 76
SPECIAL EXCEPTION ZONE ..................................................................... 76
SECTION 17 - NEIGHBOURHOOD BUSINESS ZONE - (B3) ......... 79
PERMITTED USES ..................................................................................... 79
ZONE PROVISIONS ................................................................................... 79
SPECIAL EXCEPTION ZONE ..................................................................... 80
Table of Contents
Iqaluit Zoning By-law No.899
iv
SECTION 18 - PUBLIC/INSTITUTIONAL ZONE - (P) ...................... 81
PERMITTED USES ..................................................................................... 81
ZONE PROVISIONS ................................................................................... 81
SPECIAL EXCEPTION ZONES................................................................... 82
SECTION 19 - LIGHT INDUSTRIAL ZONE - (M1) ........................... 83
PERMITTED USES ..................................................................................... 83
CONDITIONAL USES ................................................................................. 83
ZONE PROVISIONS ................................................................................... 84
SPECIAL EXCEPTION ZONE ..................................................................... 84
SECTION 20 - HEAVY INDUSTRIAL ZONE - (M2) .......................... 85
PERMITTED USES ..................................................................................... 85
ZONE PROVISIONS ................................................................................... 85
SPECIAL EXCEPTION ZONES................................................................... 86
SECTION 21 - MINERAL RESOURCE AND EXTRACTION ZONE
(ME) ................................................................................................... 87
PERMITTED USES ..................................................................................... 87
ZONE PROVISIONS ................................................................................... 87
SECTION 22 - OPEN AREA ZONE - (OR) ....................................... 88
PERMITTED USES ..................................................................................... 88
ZONE PROVISIONS ................................................................................... 88
SPECIAL EXCEPTION ZONES................................................................... 88
SECTION 23- WASTE DISPOSAL SITE ZONE - (WD) .................... 90
PERMITTED USES ..................................................................................... 90
ZONE PROVISIONS ................................................................................... 90
SECTION 24 - MUNICIPAL RESERVE ZONE (MR) ......................... 91
PERMITTED USES ..................................................................................... 91
ZONE PROVISIONS ................................................................................... 91
SPECIAL EXCEPTION ZONE ..................................................................... 91
SECTION 25 - TRANSPORTATION ZONE (T) ................................. 92
PERMITTED USES ..................................................................................... 92
ZONE PROVISIONS ................................................................................... 92
SPECIAL EXCEPTION ZONE ..................................................................... 92
ZONING SCHEDULE "A" ................................................................. 94
ZONING SCHEDULE "B" ................................................................. 95
ZONING SCHEDULE "B1" ............................................................... 96
ZONING SCHEDULE "B2" ............................................................... 97
ZONING SCHEDULE "B3" ............................................................... 98
ZONING SCHEDULE "B4" ............................................................... 99
ZONING SCHEDULE "C" ............................................................... 100
Section 1
Introduction
Iqaluit Zoning By-law No.899
1
PART 1
GENERAL REQUIREMENTS
SECTION 1 - INTRODUCTION
TITLE
1.1 This By-law shall be known as the "Iqaluit Zoning By-law 2010" or
By-law No.899 of the City of Iqaluit.
COMPONENTS OF THE BY-LAW
1.2 There are three components to this by-law:
a)
Text of the by-law
b)
Zoning By-law maps (Schedule A, B, B1, B2, B3, B4)
c)
Voluntary Payment Schedule (Schedule C)
EFFECTIVE DATE
1.3 This By-law comes into full force and effect on the day it is given
a third reading by Council.
REPEAL OF EXISTING BY-LAWS
1.4 Zoning By-law No. 704, as amended is hereby repealed upon the
date that this By-law comes into force.
DEFINED AREA
1.5 The provisions of this By-law apply to all lands within the
incorporated limits of the City of Iqaluit.
VALIDITY
1.6 If one or more provisions of this by-law are, for any reason,
declared to be invalid by the Courts, all remaining provisions
remain in full force and effect.
Section 1
Introduction
Iqaluit Zoning By-law No.899
2
INTERPRETATION
1.7 In this by-law:
a)
Provisions will be considered minimum requirements
except where the word "maximum" is used, in which
case the maximum requirement shall apply;
b)
The word 'shall' is mandatory;
c)
Words in the singular include the plural and words in the
plural include the singular;
d)
Words are gender-neutral: any reference to one gender
includes the other. Definitions are intended to aid in
understanding and implementing the spirit, intent and
meaning of the by-law;
e)
In a situation not covered by a specific regulation, the
provisions of this by-law shall apply by analogy, to
ensure implementation of the provisions and purpose of
the by-law; and,
f)
Where two or more regulations are equally applicable,
all provisions must be complied with; where it is not
possible to comply with all applicable provisions, the
most restrictive provisions must be complied with.
ZONING MAPS
1.8 Zoning Maps are found on Schedule "A", "B", "B1", "B2", "B3",
"B4" of this by-law. They divide the City of Iqaluit into zones and
specify zoning provisions that apply to particular areas.
ZONING BOUNDARIES
1.9 Zone boundaries are delineated on the Zoning Maps. In the case
of uncertainty as to the precise location of the boundary of any
zone, the boundaries on the Zoning Maps shall be interpreted as
follows:
a)
Where a boundary follows a public roadway, lane,
power line, water course, right- of-way or easement, it
follows the centerline, unless clearly indicated on the
Zoning Map;
b)
Where a boundary is shown as approximately following
the municipal boundary, it follows the municipal
boundary;
c)
Where a boundary is shown as approximately following
a lot line, it follows the lot line;
Section 1
Introduction
Iqaluit Zoning By-law No.899
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d)
Where a boundary is shown as being generally parallel
to or an extension of any of the above features, it shall
be so; and,
e)
In circumstances not covered above, the boundary shall
be determined by the original scale of the zoning map.
Section 2
Authorization and Administration
Iqaluit Zoning By-law No.899
4
SECTION 2 - AUTHORIZATION AND
ADMINISTRATION
DEVELOPMENT OFFICER
2.1
This Zoning By-law shall be administered by the Development
Officer or other person appointed by Council. The
Development Officer shall:
a)
Receive and review all requests or applications for
Development Permits, Zoning By-law amendments,
General Plan amendments and variances to the Zoning
By-law;
b)
Approve, approve with conditions, or refuse
Development Permit applications, subject to the
authority provided by Council;
c)
Interpret the policies of the General Plan and the
provisions of the Zoning By-law as required, to ensure
that they are implemented effectively;
d)
Issue Notice of Decisions and Development Permits
subject to this By-law;
e)
Maintain this By-law and all amendments thereto
available for public review;
f)
Maintain a record of each application for a Development
Permit approved or disapproved, including records of
decisions taken and reasons for the decisions;
g)
Carry out the inspections necessary to enforce this By-
law with support of the by-law officer's department;
h)
Exercise powers vested in him by the Planning Act, as
periodically amended;
i)
Identify when an application is complete; and,
j)
Serve notice to require cessation of work or to correct
contraventions of this By-law, and to enter on the
property and carry out the work required by the notice.
DEVELOPMENT REQUIRING A DEVELOPMENT PERMIT
2.2
No person or agency shall commence development without a
Development Permit.
2.3
No change shall be made in the type of use of any land,
building or structure within any zone covered by this By-law,
without first obtaining written confirmation from the City that the
proposed use conforms to this By-law as well as any required
development permits.
2.4
A Development Permit is not required where the development
consists of:
Section 2
Authorization and Administration
Iqaluit Zoning By-law No.899
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a)
Minor repairs such as painting, decorating, landscaping,
drainage ditches, berms or fences;
b)
An accessory building having an area of less than 10 m²
that meets all other provisions of this By-law;
c)
A temporary building or structure associated with
construction, unless it is used for human habitation.
Signs as specifically exempted in Section 7.3;
d)
Internal renovations where there is no significant
change to the exterior of the building, or change in use
of the building;
e)
Decks in the R1 or R1A Zone that meet all other
provisions of this By-law;
f)
Temporary camping structures in the OR or MR Zones;
g)
The maintenance and repair of public works, services
and utilities carried out by the City on land which is
publicly owned or controlled;
h)
Utility poles and power lines approved by the City.
i)
Utility installation where no building is proposed;
j)
Replacement of water and sewage tanks if overall
capacity is not increasing;
k)
Home-based businesses where no client or customer
will be attended or served on site; and,
l)
Minor changes to an approved Site Plan (e.g.
landscaping or parking configuration).
AUTHORITY OF COUNCIL
2.5
Council shall consider Development Officer and Planning and
Development Committee recommendations on all undelegated
planning applications and decide to approve (conditionally or
unconditionally), refuse or refer the application back to the
Development Officer.
AUTHORITY OF THE DEVELOPMENT OFFICER
2.6
The Development Officer shall have the delegated authority to
approve (conditionally or unconditionally) or refuse
Development Permits for the following classes of development,
including conditional uses:
a)
Single detached dwelling;
b)
Semi-detached dwelling;
c)
Duplex dwelling;
d)
Triplex dwelling;
e)
Fourplex dwelling;
f)
Row dwellings (up to six units);
g)
An addition to a dwelling;
h)
Home-based business;
Section 2
Authorization and Administration
Iqaluit Zoning By-law No.899
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i)
Secondary suite;
j)
Non-residential uses (including boarding house and
residential care facility) not exceeding 1,000 m2 gross
floor area of new construction;
k)
Mixed-use development with a maximum commercial
gross floor area of 300 m2 and a maximum of 2 dwelling
units in a non-residential building;
l)
Amendments to Development Permits where the increase
in gross floor area is less than 100 m2, and/or where three
(3) or fewer dwelling units are added (not increasing a
total of six (6) dwelling units in total);
m)
Accessory buildings and structures;
n)
Utility installations; and,
o)
Signs with an area of less than 4 m2.
2.7
Notwithstanding Provision 2.6, any development permit
application requiring a Request for Variance requires Council
approval.
2.8
Notwithstanding Provision 2.6 above, the Development Officer
may refer an application for a Development Permit, together
with a recommendation to Council for a decision, if there is
broad community interest in the application, a conflict of interest
and/or if directed by the Chief Administrative Officer. The
applicant must be informed that an application is being referred
to Council for a decision.
2.9
The Development Officer shall have the authority, to determine
when an application is complete in accordance with Provisions
2.13 to 2.17.
2.10
The Development Officer shall have the authority to approve
minor revisions to conditions of a Development Permit.
2.11
The Development Officer shall have the authority to deem a
Development Permit application void two (2) years from the
date of the application in accordance with Provision 2.30.
2.12
The Development Officer shall have the authority to deem a
Development Permit void in accordance with Provisions 2.29 to
2.30.
APPLICATION PROCEDURE FOR OBTAINING A DEVELOPMENT
PERMIT
2.13
An application for a Development Permit shall be made on the
application form adopted by Council and filed with the
Development Officer.
2.14
Every application shall be accompanied by:
a)
The required application fee;
b)
Site Plan - Scale of 1:500 or greater (PDF 11 x 17
format):
Section 2
Authorization and Administration
Iqaluit Zoning By-law No.899
7
-
Legal description of the property
-
North arrow
-
Footprints for all existing and proposed buildings,
fences and other structures
-
Lot dimensions
-
Setback distances for all buildings to property lines
-
Vehicle access (e.g. driveways), parking and loading
facilities
-
Existing and proposed drainage ditches, culverts
(including length and diameter) and the direction of
positive drainage
-
Utility installations (e.g. oil tanks, electricity/light
poles, access vaults and sewer/water pipes) and
garbage enclosures
-
Areas of tundra retention or generation vs. gravel fill
-
Snow Piling Areas (only required for developments
greater than 500 m2)
-
Landscaping Detail (only required for developments
greater than 6 dwelling units or 1,000 m2)
c) Elevation Plans - Scale of 1:100 or greater (PDF 11 x 17
format)
-
Width, depth and height of each building façade
-
Gap beneath the building
-
Positions and size of window and door openings
-
Roof lines, projections and floor elevations
-
Location of affixed lighting (if applicable)
d) Floor Plans - Scale of 1:100 or greater (PDF 11 x 17 format)
(not required for accessory buildings or porch/deck additions)
-
Layout of each level, including the use of each room
-
Gross floor area (GFA) for each use (non-
residential) and/or each dwelling unit (residential)
2.15
Notwithstanding Provision 2.14, for Site Plans, Elevation Plans
and Floor Plans for residential developments with 3 or fewer
dwelling units and non-residential development with a gross
floor area of less than 300 m2, plans may be submitted as a
PDF or in hardcopy, may not be to scale and may be hand
drawn, as long as all requested information is provided.
2.16
Additional plans, studies and information that may be requested
by the Development Officer include:
a)
3-D Rendering - required for developments greater than
1,000 m2 in the Core Area;
b)
Grading & Drainage Plan - typically required for
developments greater than 1,000 m2 or where there are
significant slopes on the site;
Section 2
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Iqaluit Zoning By-law No.899
8
c)
Snow & Wind Study - typically required for
developments greater than 1,000 m2;
d)
Servicing Study - typically required for developments on
piped services that are greater than 1,000 m2 but will be
at the discretion of the Director of Public Works &
Engineering, or delegate;
e)
Traffic Study - typically required for developments
greater than 2,000 m2 and/or where significant traffic
impacts are anticipated;
f)
Crime Prevention Through Environmental Design
(CEPTED) Study - may be required for developments
greater than 3,000 m2;
g)
Plan of Survey - typically required where an addition or
new building is close to the minimum setback
requirement or a lot line; and,
h)
Environmental Site Assessment - required where land
is potentially contaminated.
2.17
The Development Officer shall not identify an application as
complete until all submission requirements have been met,
including any additional plans, studies or information requested
by the Development Officer in the preliminary comments
provided to the applicant.
2.18
An application for a sign permit shall be subject to the
provisions of Section 7.
NOTICE OF DECISION
2.19
The Development Officer will issue and forward the Notice of
Decision on the form adopted by resolution of Council by
registered mail or, if the applicant is a local person, hand
delivery within five (5) days of the date of decision.
2.20
If an application is refused, the reasons for refusal will be
stated.
2.21
When an application is approved, the Development Officer will,
within three (3) days of the date of decision, post a legible copy
of the Notice of Decision, with a minimum size of 8½" x 11", in a
conspicuous place on the lot to which the Notice of Decision
applies.
2.22
The decision on the Development Permit may be appealed by
any person claiming to be affected by the decision. Said
person will file written Notice of Appeal, stating the reasons for
the appeal, with the Development Appeal Board, within fourteen
(14) days of the date the Notice of Decision was given or
posted.
2.23
A Development Permit will only be issued fourteen (14) days
after the Notice of Decision has been posted on the lot for
Section 2
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Iqaluit Zoning By-law No.899
9
which it applies, where no appeal of the decision has been filed,
and where the conditions of development approval have been
met.
2.24
If a decision on a Development Permit application is appealed,
the Permit will be issued only after the appeal is heard and
subjected to decision and modifications determined by the
Development Appeal Board.
ISSUANCE OF A DEVELOPMENT PERMIT
2.25
An application shall be approved, and a permit issued if it
complies with the General Plan, all provisions of this and other
By-laws adopted by Council.
2.26
No development permit shall be issued for a proposed use of
land, building or structure that is in contravention of any
provision of this By-law.
2.27
The issuing of a Development Permit shall not exempt the
permit holder from constructing in accordance with the National
Building Code, the National Fire Code, Arctic Airports Zoning
Regulations and other standards and regulations that may be
required and revised periodically. No approval given by the
Development Officer or Council will be considered an indication
that such standards and regulations have been met.
2.28
A Development Permit authorizes the holder to execute the
work or action defined in said permit in accordance with the
approved application. No changes to the development will be
permitted without prior approval in writing from the
Development Officer.
DEVELOPMENT PERMIT DEEMED NULL AND VOID
2.29
Where a Development Officer determines that there has been a
breach of this By-law or conditions applicable to a Development
Permit, they may revoke or suspend the Development Permit
and will notify the permit holder of this action.
2.30
A Development Permit will become null and void under the
following conditions, unless the Development Officer has
authorized an extension if:
a)
The development is not commenced, or authorized
actions are not undertaken within one (1) year of the
date of issue;
b)
Development has been discontinued for a period in
excess of one (1) year; and,
c)
Development is not completed within two (2) years of
the date of issue.
Section 2
Authorization and Administration
Iqaluit Zoning By-law No.899
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2.31
A new application and fee are required to obtain development
approval where:
a) The conditions of a development approval have not been
met within one (1) year of the Notice of Decision (or within a
period of extension granted by the Development Officer);
or
b) Where a Development Permit has become null and void.
DEVELOPMENT AGREEMENTS
2.32
The Development Officer may recommend that a Development
Agreement be 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 implementation of the above.
DEVELOPMENT APPEAL BOARD
2.33
Council shall, by resolution, appoint a Development Appeal
Board.
2.34
The Development Appeal Board will comprise a minimum of
five (5) members appointed concurrently for a three (3) year
term of office.
2.35
Council will appoint one (1) member of the Development
Appeal Board chairperson who will vote only in the case of a
tie.
2.36
Of the five members on the Development Appeal Board, at
least one (1) will be a member of Council and the remainder
members of the community at large. The majority shall be other
than members of Council. The Development Appeal Board will
not include employees of the City of Iqaluit.
2.37
No member of the Development Appeal Board shall be
dismissed except for cause.
Section 2
Authorization and Administration
Iqaluit Zoning By-law No.899
11
2.38
Upon the receipt, in writing, of a notice of appeal, the
Development Appeal Board shall:
a)
Determine whether or not there are grounds for appeal
and whether it should hear the case;
b)
Upon determining that it will hear the case, hold a public
hearing with a minimum of three (3) Board members
within thirty (30) days of receiving the appeal;
c)
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;
d)
Afford the Development Officer and every person
concerned the opportunity to be heard, to submit
evidence, hear evidence, and cross-examine others;
e)
Consider appeals with due regard to the circumstances
and merits of each case, the purpose, scope and intent
of the General Plan, and the provisions of this By-law;
f)
Confirm, reject or vary the decision appealed and
impose conditions it considers necessary under the
circumstances; and,
g)
Take minutes of the hearing and render its decision in
writing to the parties involved by registered mail or fax,
within sixty (60) days of from the date of the hearing.
2.39
If a member of the Development Appeal Board has an interest
in an application for a Development Permit being appealed,
s/he shall be subject to the provisions of the Conflict of Interest
Act.
2.40
The decision of the Development Appeal Board shall consider
the General Plan and any other By-law adopted by Council in
force at the time of appeal.
2.41
The authority of the Development Appeal Board shall be in
accordance with the authorities granted in Section 21 of the
Planning Act.
GOVERNMENT OF NUNAVUT BUILDING OFFICIAL
2.42
The Government of Nunavut Building Official will review and
issue Building Permits, Demolition Permits and Occupancy
Permits, as required and in accordance with the Building Code
Act, as amended.
INSPECTION OF PREMISES
2.43
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.
Section 2
Authorization and Administration
Iqaluit Zoning By-law No.899
12
VIOLATIONS AND PENALTIES
2.44
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.
2.45
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.
2.46
Any person who undertakes or permits development on land
without a development permit or complying with conditions of a
development permit is guilty of an offence and liable on
summary conviction to a fine. Each day of violation shall
constitute an offence. Refer to Schedule "C" - Voluntary
Payment Schedule - Penalties.
AMENDMENTS TO THIS BY-LAW
2.47
Any changes which will alter the intent and/or provisions of this
By-law shall necessitate an amendment to this By-law pursuant
to the Planning Act, as amended periodically.
2.48
Where an amendment to this Zoning By-law is requested, the
proponent shall complete and submit to the City:
a)
An application form for Amendment to the Zoning By-
law;
b)
The required application fee; and,
c)
Any supporting information required by the
Development Officer. Refer to Provisions 2.14 - 2.16 for
examples of the types of plans and studies that may be
required.
2.49
Schedule "C" by way of Council resolution can be changed
without an amendment to the Zoning By-law No. 899.
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Definitions
Iqaluit Zoning By-law No.899
13
SECTION 3 - DEFINITIONS
DEFINITIONS
3.1 In this By-law:
A
ABANDONED means failure to proceed with construction work or
failure to undertake any construction work during a continuous one (1)
year period.
ACCESSORY used to describe a building or structure, means a
building or a structure that is separated from the principal building or
structure on the lot, and is normally incidental, subordinate and
exclusively devoted to a permitted use. It shall include a shipping
container ("sea can") but exclude a garbage enclosure or fuel tank.
Any building or structure attached to a building will not be considered
accessory for the purposes of this By-law.
ACCESSORY USE means the use of a building or a lot which is
normally subordinate and incidental to the principal use of the building
or lot.
ACT means the Planning Act as adopted by the Government of
Nunavut.
AIRPORT means any area of land and water that functions as a facility
for the arrival, departure, movement and servicing of aircraft,
passengers and associated cargo, and includes any associated
buildings, installations, open space, and equipment. This may include
the short-term accommodation of passengers and crew.
ANIMAL HOSPITAL means a building or part of a building used by a
veterinary surgeon where companion domestic animals (household
pets) and birds are kept for treatment, including surgery, and where
veterinary drugs and other related products, including pet food, may be
sold.
AUTOMOTIVE VEHICLE means an automobile, truck, all-terrain
vehicle, snowmobile, or other recreational vehicle, but does not include
heavy equipment and vehicles.
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Definitions
Iqaluit Zoning By-law No.899
14
AUTOMOTIVE SERVICE GARAGE means a building used for the
servicing, repair, washing and/or repainting of automotive vehicles and
which may also include retail sale of fuel and other automotive
products and the sale of motor vehicles in association with the
automotive service garage.
AUTOMOTIVE GAS BAR means a place used for the sale of
automotive fuel, oils, propane, automotive fluids; it may include
convenience store products as an accessory use.
AUTOMOTIVE SALES OR RENTAL ESTABLISHMENT means a place
where automotive vehicles are parked or stored for rental, sale or
display; it does not include an automotive gas bar.
B
BANK means a place that provides a range of financial services, and
includes a trust company or other financial institution
BAR means a licensed drinking establishment, the principal business
of which is to serve any sort of alcoholic beverage to the public for
consumption on the premises, and includes a pub or brew pub.
BEACH SHACK means a building in or close to a beach area used for
harvesting purposes or other uses related to the owners' participation
in the land-based economy.
BOARDING HOUSE means a building containing four or more rooming
units. A rooming unit means a room or suite that constitutes separate,
independent occupancy in which a person sleeps, and which may have
a kitchen or a washroom, but not both; A boarding house does not
include short term rental hotel or shelter.
BROADCASTING STUDIO means a radio or television studio.
BUILDING means a structure that has a roof, walls and a floor that
stands more or less permanently in one place.
BUILDING HEIGHT means the vertical distance between the average
finished grade at the base of the façade containing the building's main
entrance and
a)
In case of a flat roof, the highest point of the roof surface;
b)
In case of a mansard roof, the deck line;
c)
In case of a hip, gable, shed or gambrel roof, the mid-point
between the eaves and the ridge;
d)
In all other cases, the highest point of the building or structure.
Section 3
Definitions
Iqaluit Zoning By-law No.899
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BUILDING CONTRACTOR'S SHOP means a place of business for
persons employed in building trades such as painting, plumbing,
electrical work, masonry, metal working and carpentry or truck,
bulldozer, loader and backhoe operating. Such a place of business
may be used for the storage of equipment, materials and vehicles used
on construction sites and may include related uses such as office
space, or maintenance facilities. It may also include an accessory retail
or sales counter that occupies less than 25% of the building's gross
floor area.
BUILDING SUPPLY CENTRE means an establishment engaged in
selling or installing building supplies such as lumber, millwork, siding,
roofing, plumbing, electrical, heating, air conditioning or home
improvements. This definition shall not include any establishment
otherwise defined herein or specifically named elsewhere in this By-
law.
BUSINESS SERVICES mean establishments providing services for
businesses or membership organizations, such as professional,
technical, educational and research services, printing supply and
reproduction services.
C
CAMPING STRUCTURES, TEMPORARY means a tent or similar
structure that is erected seasonally and is temporary in nature.
CANNABIS ESTABLISHMENT means any use of land, building or
structure or part thereof for the retail sale, consumption or distribution
of cannabis or any product or substance produced in whole or part
from cannabis.
CANNABIS PRODUCTION FACILITY means the use of land, building
or structure for the cultivation, processing, research, testing,
destruction, packaging and/or wholesale distribution of cannabis.
Section 3
Definitions
Iqaluit Zoning By-law No.899
16
CEMETERY means an area of land set aside for burial of human
bodies or ashes, including a crematorium or mausoleum.
COMMERCIAL LAND FARM means an area used for storage and
remediation of contaminated soils.
COMMUNITY CENTRE means a multi-purpose facility that offers a
variety of programs of a recreational, cultural, day care, social,
community service, informational or instructional nature. It may
include, in part, a theatre or medical facility.
CONDITIONAL USE means a conditional use listed in a specific zone
that may be permitted by Council or the Development Officer, where
delegated, after consideration of criteria listed in the specific zone and
in other relevant sections of this By-law.
CORPORATION means the Municipal Corporation of the City of Iqaluit.
CORRECTIONAL FACILITY means a place of secure temporary
detention or custody.
COUNCIL means the Council of the Municipal Corporation of the City
of Iqaluit.
CULTURAL INTERPRETATION CENTRE means a building and/or
other facility dedicated to interpretation and education about cultural
resources such as archaeological, cultural, and burial sites, remains of
historical and architectural value, and districts or landscapes of historic
and scenic interest.
CUSTOM WORKSHOP means a building or part thereof where
individual custom production of goods or materials is made; it does not
include any establishment involving mass production or assembly line
manufacture of goods.
D
DAY CARE CENTRE means an establishment providing temporary
care for any individual for a continuous period not exceeding twenty-
four hours.
DENSITY means the ratio of the number of dwelling units to a defined
area of land.
DEVELOPMENT means the carrying out of any construction,
landscaping, excavation, demolition, removal, relocation, repair or
renovation work, in, on, over or under land, or the making of any
Section 3
Definitions
Iqaluit Zoning By-law No.899
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change in the use or the intensity of use of any land or building,
including, but not limited to:
a)
The deposit of debris, waste material, refuse or unsightly
material on any land, including land already being used for that
purpose if the area or the height of any existing deposit is
increased;
b)
The removal of topsoil or rock material; and,
c)
The use for storage purposes, or for the repair of motor vehicles
or other type of machinery, of land that was previously unused.
DEVELOPMENT AGREEMENT means a binding contract between the
City of Iqaluit and the proponent of a development. Development
Agreements may only be used where the Planning Act permits a
Council, an approving authority or Development Appeal Board to
impose limitations or requirements as a condition of issuing a permit.
The agreement requires observance of limitations or requirements on
the development of the land and is considered a covenant running with
the land.
DEVELOPMENT OFFICER means the officer or employee of the
Corporation charged with the duty of enforcing the provisions of this
By-law.
DEVELOPMENT PERMIT means an approval for the carrying out of a
development under the provisions of this By-law.
DOG AREA means an area where dog teams are tied, chained or
kenneled.
DWELLING means a building used or intended to be used for human
habitation and in which all usual domestic functions may be carried on;
it does not include a mobile home.
a)
DWELLING UNIT means a residential unit consisting of a self-
contained set of rooms located in a building, used or intended
to be used as residential premises, containing kitchen and
bathroom facilities intended for the use of that unit only.
b)
SINGLE-DETACHED means one completely detached dwelling
unit designed, used or intended for occupancy by not more than
one household.
c)
SEMI-DETACHED means a building divided vertically into two
dwelling units, each of which has an independent entrance
directly from the outside.
d)
DUPLEX means a building divided horizontally into two
separate dwelling units, each of which has an independent
entrance either directly from the outside or through a common
vestibule.
Section 3
Definitions
Iqaluit Zoning By-law No.899
18
e)
TRIPLEX means a building divided horizontally into three
separate dwelling units, each of which has an independent
entrance directly from the outside or through a common
vestibule.
f)
FOURPLEX means a building divided both vertically and
horizontally by common walls into four separate dwelling units,
each of which has an independent entrance either directly from
the outside or through a common vestibule.
g)
SIXPLEX means a Triplex divided vertically with one other
Triplex, for a total of six dwelling units.
h)
ROW DWELLING means a dwelling connected vertically with
two or more other dwelling units, each of which has an
independent entrance directly from the outside.
i)
STACKED ROW DWELLING means a Row Dwelling connected
horizontally with additional units stacked partially or totally
above one or more ground floor row dwelling units, and where
each stacked unit has an independent entrance directly from
the outside.
j)
APARTMENT means a building that contains four or more
dwelling units which have a common entrance from street level
and are served by a common corridor. The occupants have the
right to use in common the corridors, stairs, yards or one or
more of them. An "APARTMENT DWELLING" does not include
a fourplex dwelling, a row dwelling, or any other dwelling
otherwise defined herein.
DWELLING UNIT AREA means the habitable area within the outside
walls of a dwelling unit, excluding any private garage, carport, porch,
verandah, unfinished attic, or sunroom (unless such sunroom is
habitable in all seasons of the year); and excluding public or common
halls or areas, stairways and the thickness of outside walls.
E
EDUCATIONAL FACILITY means a place of instruction, including
classrooms, seminar rooms and similar installations, and may include
residences.
EXISTING means existing as of the effective date of this By-law.
EMERGENCY AND PROTECTIVE SERVICES means a public facility
used by fire, police, ambulance, and others as a base of operations.
Section 3
Definitions
Iqaluit Zoning By-law No.899
19
F
FIRING RANGE means a specialized outdoor recreational facility with
targets for rifle and handgun practice.
FLOOR AREA, GROSS means the total area of all of the floors of all
building(s) on a lot measured from the exterior face of the exterior walls
of the building, excluding: any part of the building or structure which is
used for mechanical, servicing, electrical and heating equipment, motor
vehicle parking, steps and landings, loading facilities, common laundry
facilities, common play areas, the space at the main entrance of a
building located between an outside and inside set of doors, living
quarters for a caretaker and enclosed malls when used as a common
area between stores.
FOOD AND BEVERAGE PROCESSING means a facility that
transforms raw agricultural commodities and semi-processed food
products into a broad range of food and beverage products ready for
consumption or for further processing.
FUEL STORAGE FACILITY means a tank, container or enclosure used
for the bulk storage of gas and/or liquid and/or solid fuels.
G
GENERAL PLAN means the General Plan of the City of Iqaluit, as
amended periodically.
GROUND-ORIENTED HOUSING means housing which provides a
private principal entry to each unit from the outside either by direct
access from the ground or by means of stairways. For the purposes of
this definition, ground-oriented housing includes single-detached, semi-
detached, duplex, triplex, fourplex, sixplex, row dwellings, and stacked
row dwellings and may include other housing forms that meet the
ground-oriented definition but does not include a mobile home.
H
HAZARDOUS MATERIAL STORAGE means the storage of any item
or chemical that can cause harm to people, plants or animals when
released into the environment.
HEAVY EQUIPMENT AND VEHICLE YARD means premises used for
the storage, sale, rental, and servicing of heavy equipment and
vehicles.
Section 3
Definitions
Iqaluit Zoning By-law No.899
20
HOME BASED BUSINESS means one or more businesses operated
by a resident as secondary and subordinate uses to a dwelling and
includes a home-based day care.
HOTEL means a place used for temporary accommodation for tourists
or transients; it includes a motel and an apartment hotel and may
include permanent staff accommodation as an accessory use.
K
KENNEL means a building or structure where dogs and cats are
raised, boarded or trained, given medical treatment or housed for
similar purposes for personal use or as a commercial service to the
general public and shall include a Humane Society shelter or pound.
L
LAND includes land under water.
LANDSCAPING means maintaining, modifying, or adding to the
original natural features of a site to produce an aesthetic effect
appropriate for the use of the site and zone in which it is situated.
Landscaping includes retaining walls less than 1 m in height but does
not include areas of the site used for parking, storage, driveways or
garbage containment.
LEACHATE RETENTION POND means a constructed basin to collect
storm water runoff and leachate emitted from a Waste Disposal Site.
LOADING SPACE means an off-street space or berth used for loading
or unloading people or things from a motorized vehicle.
LOT means all contiguous land under one leaseholder. Specific lot
types include the following:
a)
CORNER LOT means a lot situated at the intersection of two or
more streets having an angle of not more than one hundred and
thirty-five (135) degrees.
b)
INTERIOR LOT means a lot situated between adjacent lots
having access to one street.
c)
THROUGH LOT means a lot (bounded on two opposite sides
by streets) having street frontage on two parallel or
approximately parallel streets, provided that if any lot qualifies
as both a through lot and a corner lot, such lot is considered to
be a corner lot for the purposes of applying the zoning by-law.
Section 3
Definitions
Iqaluit Zoning By-law No.899
21
LOT DEPTH means the horizontal distance measured between the
midpoint of the front lot line and the midpoint of the rear lot line.
LOT FRONTAGE means the horizontal distance between the side lot
lines. Where the side lot lines are not parallel it shall be the width of a
lot measured between the intersections of the side lot lines with a line
six (6) metres back from and parallel to the front lot line.
LOT LINE means any boundary line of a lot.
a)
FRONT LOT LINE means, in the case of an interior lot, the line
dividing the lot from the street. In the case of a through lot or a
corner lot, the shorter lot line abutting a street shall be the front
lot line. In the case of a corner lot or a through lot where the lot
lines abutting a street have the same length, the lot line where
the principal access to the lot is provided shall be deemed to be
the front lot line.
b)
REAR LOT LINE means, in the case of a lot having four (4) or
more lot lines, the lot line furthest from and opposite the front lot
line. If the lot has fewer than four (4) lot lines, there shall be
deemed to be no rear lot line.
c)
SIDE LOT LINE, INTERIOR means a lot line other than a front
or rear lot line that does not abut a public street.
d)
SIDE LOT LINE, EXTERIOR means a lot line other than a front
or rear lot line that abuts a public street.
M
MANUFACTURING PLANT (LIGHT) 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 facilities, or other similar uses that do not generate any
detrimental impact, health or safety hazard or nuisance beyond the
boundaries of the lot. Does not include food and beverage processing.
MANUFACTURING PLANT (HEAVY) 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 facilities, or other similar uses that may generate a
detrimental impact, health and safety hazard or nuisance beyond the
boundaries of the lot. Does not include food and beverage processing.
MEDICAL FACILITY means a place where a medical doctor, dentist or
other legally qualified health care practitioner has his or her practice; it
includes a hospital and a medical or dental laboratory.
Section 3
Definitions
Iqaluit Zoning By-law No.899
22
MOBILE HOME means a residential building containing one dwelling
unit designed to be movable (or which, by virtue of being relocated, is
considered to be mobile), which arrives at a site ready for occupancy
when placed upon foundation supports and connected to services.
This definition shall not include a recreational vehicle or a travel trailer.
MUNICIPALITY means the Corporation of the Municipality of Iqaluit.
N
NEIGHBOURHOOD CONVENIENCE STORE means a small retail
store where a range of day-to-day items such as newspapers,
confections, foodstuffs, sundries and other household items are sold in
small quantities.
NON-CONFORMING means a use, building or structure which, on the
effective date of this By-law, was not a permitted use in the zone or did
not conform to the zone provisions where such lawful use, building or
structure is located.
NON-RESIDENTIAL BUILDING means a building where the most
visible uses on the main floor of the building as seen from the main
road are non-residential.
O
OFFICE means a building or part of a building used or intended to be
used in the performance and transaction of business, including
administrative and clerical activities.
OPEN SPACE means any portion of a lot unoccupied by buildings or
structures above ground level and open to the sky; it shall include
Landscaped Open Space.
OPEN STORAGE means the storage of goods, merchandise or
equipment on a lot, which may or may not be accessory to another use
on the lot. It does not include outdoor display of a limited number of
samples of goods, merchandise or equipment for the purpose of sales
and advertisement. This definition shall not include open storage of
goods or equipment incidental to the residential occupancy of a lot.
P
PARK means a "neighbourhood park" as defined in the General Plan
and includes, playgrounds, sports fields, outdoor courts or rinks, picnic
Section 3
Definitions
Iqaluit Zoning By-law No.899
23
areas and, public gathering spaces. It may also include accessory
buildings or structures such as a wind shelter, maintenance shed,
washroom, monument, or stage used to support traditional, cultural and
passive recreational activities.
PARKING LOT means a parking area on a lot that is not accessory to a
permitted use on that lot.
PARKING SPACE means a space with minimum dimensions
prescribed, exclusive of any aisles, entrances or exits, for the
temporary parking or storage of motor vehicles.
PERMITTED USE means a use permitted in this By-law.
PERSONAL SERVICES ESTABLISHMENT means a business
associated with personal grooming or health or the maintenance or
repair of personal wardrobe articles and accessories, such as a barber
shop, beauty parlour, dressmaking shop, tailor shop, shoe repair shop,
photographic studio, self-service laundry, dry cleaning establishment or
similar use.
PLACE OF ASSEMBLY means a place designed and used to
accommodate gatherings of people such as clubs, reception halls,
concert halls, theatres, conference centres, legion halls, assembly halls
and lodges, and used for events such as trade shows, banquets, and
political or other conventions.
PLACE OF WORSHIP means a building dedicated to religious worship.
It may include a church, temple, church hall, church auditorium,
convent, parish hall or religious institution as well as accessory
residences on the same lot.
PUBLIC LANE means a public right-of-way that provides a secondary
means of access from a public street to abutting lots.
PUBLIC STREET means a road which affords the principal means of
access to abutting lots and is open and maintained on a regular, year-
round basis by the Corporation; it does not include a public lane.
R
RECREATION FACILITY means a building designed and equipped
with recreation facilities such as a swimming pool, arena, curling rink,
outdoor rink, indoor courts, gymnasia, and exercise rooms.
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Definitions
Iqaluit Zoning By-law No.899
24
RESEARCH AND DEVELOPMENT CENTRE means a place used for
systematic research, data collection and manipulation, or technical or
scientific development of information or new products. It may include a
research laboratory; but excludes industrial and manufacturing
operations other than those required as part of the research.
RESIDENTIAL CARE FACILITY means a place providing supervised
or supportive in-house care for those who need assistance with daily
living. It may also provide ongoing medical or nursing care or
counseling, social support, medical and personal services.
RESIDENTIAL ZONE means a zone intended for primarily residential
uses and includes the R1, R1A, R2, R3, S and RC zones.
RESOURCE CENTRE means a place providing various social services
aimed at addressing the special needs of people or families who's well-
being is at risk. This use may include overnight accommodation.
RESTAURANT means a building or part of a building where food and
beverages are offered for sale to the public, for on or off-site
consumption. This includes full-service restaurants, cafes, fast-food or
take-out restaurants and lunchrooms but does not include bars and
pubs.
RETAIL STORE means a place where consumer goods are displayed
for sale or rent or sold directly to the public for the purchaser's own
use. Storage of limited quantities of merchandise is permitted in a
retail store as an accessory use provided that the storage is secondary
to the main retailing function of the store.
S
SEA CONTAINER ('SEA CAN') means a container previously used for
the transportation of goods by ship and used on land for storage,
harvesting, or a workshop; it shall be defined as an accessory use for
the purposes of this By-law. This definition does not apply to shipping
containers used as the frame of a building (or part of a building) if the
container is re-sided or otherwise used to create an innovative,
aesthetically appropriate building design.
SECONDARY SUITE means a self-contained dwelling unit created
either by interior renovation within the existing home, or exterior
addition to the house, provided that one entire face of the addition is
attached to and architecturally consistent with the principal dwelling. It
shall not be considered a second dwelling on the lot for the purposes of
this By-law.
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Definitions
Iqaluit Zoning By-law No.899
25
SERVICE AND REPAIR SHOP means a place where personal effects
and household goods and appliances are repaired; it does not include
the repair of large equipment such as motor vehicles, heavy equipment
or heavy motors.
SETBACK (please see YARD SETBACK)
SEWAGE DISPOSAL SITE means a site licensed or approved for
disposal of sewage; it includes a sewage treatment plant or sewage
lagoon.
SHELTER means an establishment providing temporary
accommodation and food to individuals in immediate need; it may
include accessory health care, counseling and social support services.
SHOPPING PLAZA means a group of commercial and service
establishments or uses, related in size and type, designed, developed
and managed as a unit by a single owner, a group of owners or tenants
acting in collaboration.
SHORT TERM RENTAL means all or part of a dwelling unit used to
provide sleeping accommodations for any rental period that is less than
30 consecutive days in exchange for payment and includes a bed and
breakfast but does not include a boarding house, hotel or shelter.
SIGHT TRIANGLE means the triangular space on a corner lot formed
by measuring 3 metres back from the point of intersection of the front
lot line and side lot line abutting the street and then drawing a line
across the corner of the lot. Where the front lot line and exterior yard
lot line do not intersect at a point, the point of intersection of these lines
shall be deemed to be the intersection of the projection of the lot lines.
SIGN means a name, identification, description, device, display or
illustration affixed to or represented directly or indirectly upon a
building, structure or lot which directs attention to an object, product,
place, activity, person, institute, organization or business and which
does not contravene any By-law of the Corporation or any Regulation
of the Governments of Nunavut or Canada.
STOREY means the portion of a building between the surface of any
floor and the surface of the floor, ceiling or roof next above it.
a)
FIRST STOREY means the storey of a building in which the
floor does not exceed 1.8m above grade elevation.
b)
HALF-STOREY means the portion of a building situated wholly
or in part within a sloping roof and in which there is sufficient
space to provide a height, between finished floor and finished
ceiling, of at least 2.28 m over a floor area equal to at least 50%
of the area of the floor next below. For the purpose of
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Definitions
Iqaluit Zoning By-law No.899
26
compliance with maximum building height provisions, a half-
storey will not counted as a storey provided maximum building
height in metres for that zone is not exceeded.
STRUCTURE means anything constructed or erected, either
permanent or temporary, the use of which requires location on the
ground, or attachment to something having location on or in the
ground.
STUDIO means the workplace of an artist or craftsman, including a
painter, a sculptor, or a photographer, where small personal goods
such as jewelry or fine art such as portraits or sculptures are produced
in small quantity or to special order, for sale at retail from the premises.
T
TAXI DISPATCH ESTABLISHMENT means a building or part of a
building used to dispatch taxi cabs for service to the public; it may
include an accessory office and/or vehicle storage yard.
TEMPORARY DEVELOPMENT means a use and/or building
maintained or operated for a specific period of time specified by a
development permit or for a limited time period where exempted by this
by-law from requiring development approval.
TRAILER means any vehicle designed to be towed by a motor vehicle.
U
UNDERTAKER'S ESTABLISHMENT means any premises used for
preparation of human bodies for interment or cremation, viewing of
deceased persons and the holding of funeral services.
USE means a use of land for any purpose; "used," "using", and other
forms of the word have a corresponding meaning.
UTILITY means an entity operating within a regulated industry that has
been given the express right or subsequent legal duty to supply the
general public with a product, commodity, or service such as electricity,
water, wastewater, sewer, telephone, telecommunication or internet
service.
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.
Section 3
Definitions
Iqaluit Zoning By-law No.899
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W
WAREHOUSE means a building used for the storage and distribution
of goods and equipment, including self-storage facilities.
WASTE DISPOSAL SITE means a place where ashes, garbage,
refuse, domestic waste, sewage sludge, industrial waste or municipal
refuse is disposed of or dumped. This definition shall not include a
sewage treatment plant or lagoon.
WASTE PROCESSING AND TRANSFER FACILITY means a facility
where waste, including putrescible waste is sorted, processed and
temporarily stored prior to transfer off site and may include a recycling
or composting facility.
WASTE PROCESSING AND TRANSFER FACILITY (NON-
PUTRESCIBLE) means a facility where non-putrescible waste is
sorted, processed and temporarily stored prior to transfer off site and
may include a recycling facility.
Y
YARD means an area of a lot abutting a building, and includes a:
FRONT YARD which means that yard which extends across the
full width of the lot between a front lot line and the nearest point
of the main building, not including a projection permitted under
Section 4.26.
REAR YARD which means that yard which extends across the
full width of the lot between a rear lot line and the nearest point
of the main building, not including a projection permitted under
Section 4.26.
INTERIOR SIDE YARD which means that yard not abutting a
public street that extends from the front yard to the rear yard
between an interior side lot line and the nearest point of the
main building, not including a projection permitted under
Section 4.26.
EXTERIOR SIDE YARD which means that yard abutting a public street
that extends from the front yard to the rear yard between an exterior
side lot line and the nearest point of the main building, not including a
projection permitted under Section 4.26.
Principal
building
Section 3
Definitions
Iqaluit Zoning By-law No.899
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YARD SETBACK means the distance required by this By-law between
a lot line and a building, and includes:
FRONT YARD SETBACK which means the shortest distance
between the front lot line and any part of a building, not
including a projection permitted under Section 4.26.
REAR YARD SETBACK which means the shortest distance
between the rear lot line and the nearest point of the main
building, not including a projection permitted under Section
4.26.
INTERIOR SIDE YARD SETBACK which means the shortest
distance between the interior side lot line and any part of a
building between the front and year yards, not including a
projection permitted under Section 4.26.
EXTERIOR SIDE YARD SETBACK which means the shortest
distance between the exterior side lot line and any part of a
building between the front and year yards, not including a
projection permitted under Section 4.26.
Z
ZONE:
a)
means a land use category as defined and regulated in this By-
law; or
b)
means a designated area of land use shown on the Schedule of
this By-law.
c)
includes exception zones.
Section 4
General Provisions
Iqaluit Zoning By-law No.899
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SECTION 4 - GENERAL PROVISIONS
ACCESSORY BUILDINGS OR STRUCTURES
4.1
Accessory buildings or structures shall be permitted in any zone
and shall not:
a)
Locate within any front yard or exterior side yard in the
B1, B2, B3, CD, R3, RC & P zones;
b)
Locate closer than 3.0m to any front or exterior side lot
line;
c)
Locate closer than 1.0 m to any interior side or rear lot
line; and,
d)
Exceed 4.0 m in height, except where described in
Section 4.12.
4.2
The sum of the area of all accessory buildings in a front yard or
exterior side yard in the R1, R1A, R2 or S zones shall not
exceed 12 m2 gross floor area.
4.3
The sum of the area of all accessory buildings on a lot shall not
exceed:
a)
10% of the total lot area to a maximum gross floor area
of 40 m² in the R1, R1A, R2 or S zones; or,
b)
10% of the total lot area in all other zones.
4.4
Shipping containers ("sea cans") shall conform to the provisions
for accessory buildings and shall not:
a)
Locate on a lot in the CD, B1, B2 and R3 Zones;
b)
Locate on a lot within the Core Area designation, as
identified on Figure 'B' of the City of Iqaluit General
Plan;
c)
Locate within any front yard; and,
d)
Exceed one sea can per dwelling unit.
4.5
Retaining walls exceeding 1.0 m in height are considered
accessory structures and must be certified by a professional
engineer.
AUTOMOTIVE VEHICLE STORAGE
4.6
No person shall allow an automotive vehicle without current
license plates to be parked outside on a lot except when
associated with an automotive service garage or automotive
sales or rental establishment. Further exceptions include
snowmobiles and all-terrain vehicles.
Section 4
General Provisions
Iqaluit Zoning By-law No.899
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BUILDINGS TO BE MOVED
4.7
No building or structure shall be moved within, or into the City of
Iqaluit without a Development Permit. The Development Officer
shall issue a Development Permit only where the building
conforms to the requirements of this by-law and other standards
and regulations as may be required periodically.
CONFLICTING STANDARDS
4.8
Where any provision of this By-law conflicts with the provisions
of any regulation, By-law or statute of any other government
authority, the higher or more stringent standard shall prevail.
DESIGN GUIDELINES
4.9
The design and architectural appearance and landscaping of
developments in the Core Area, as defined in the General Plan,
shall be in keeping with the Urban Design Guidelines set out in
the General Plan, and with any other document or plan that the
General Plan makes reference to.
DEVELOPMENT ON TRUCKED OR PARTIAL SERVICES
4.10
Notwithstanding the permitted and conditional uses list in each
zone, the following shall apply to development proposed in
trucked or partial service area uses that are anticipated to
require more than 2,000 litres of treated water or to generate
more than 2,000 litres of wastewater per day shall not be
permitted.
FRONTAGE ON PUBLIC STREET
4.11
No person shall erect a building or structure on a lot unless it
has at least 3 m of unobstructed frontage along a public street.
This requirement does not apply to unsurveyed Commissioner
Lands, existing lots of record without frontage (i.e. landlocked),
parks, utility installations, gravel pits, quarries, waste disposal
sites and waste transfer stations.
HEIGHT EXCEPTIONS
4.12
The maximum height limits in this by-law do not apply to the
structures listed below or to similar structures that may require
Section 4
General Provisions
Iqaluit Zoning By-law No.899
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a height in excess of maximum height limits in order to serve
their intended purpose, unless otherwise specified in the by-
law:
a)
water tank/tower;
b)
flagpole;
c)
lightning rod or utility installation (not including
buildings);
d)
penthouse for electrical/mechanical equipment or
elevator
e)
chimney;
f)
solar panel or collector;
g)
clocktower, church spire or steeple; and,
h)
ornamental dome, skylight, parapet or similar
architectural feature.
4.13
Despite the foregoing provision, height limitations prescribed by
Iqaluit Airport or NAV Canada shall prevail.
LANDSCAPING
4.14
Any part of a yard not functionally required for the permitted
use, an accessory building or structure, required parking or
access to it, or access to servicing shall be retained in its
natural state, landscaped, or aesthetically improved.
LOTS DIVIDED INTO MORE THAN ONE ZONE
4.15
Where a lot has two or more zones, the zone containing the
largest area of the lot shall apply. Where the area of a lot is
divided equally in two or more zones, the Development Officer
shall determine which zone applies.
NON-CONFORMING USES
4.16
Nothing in this by-law shall prevent the use or continued
maintenance of any lands or buildings lawfully used,
constructed or under construction prior to the passing of this
zoning by-law. Where such lands or buildings do not conform to
the provisions of this by-law, they shall be referred to as "non-
conforming uses".
4.17
In the event that a development permit was issued prior to the
date of passage of this zoning by-law for a use or structure that
does not conform to this by-law, nothing in this by-law shall
prevent the construction, maintenance or use for such purposes
Section 4
General Provisions
Iqaluit Zoning By-law No.899
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provided that construction is commenced within twelve (12)
months of the date of permit issue.
4.18
Lots created prior to the passing of this by-law that do not meet
the minimum lot area or frontage requirements of their zone
shall be considered non-conforming lots for the purposes of this
by-law.
4.19
A non-conforming use shall only be changed to a use permitted
in the applicable zone.
4.20
An extension or addition to a non-conforming use shall be
permitted provided that the addition or extension meets all
currently applicable zoning by-law provisions.
4.21
Where a non-conforming use is damaged or demolished, the
non-conforming rights are not extinguished provided that:
a)
The damage or demolition was accidental.
b)
A development permit is granted within 12 months of the
damage or destruction and construction is completed
within 2 years. The construction completion may be
extended to a maximum of 3 years when the following
conditions are met:
i) Resolution by Council approving the extension;
and
ii) The City approves and executes a development
agreement which includes a final date for
completion of construction.
c)
The building continues to be used for the same purpose
as it was prior to the damage or demolition.
4.22
Nothing in this by-law shall prevent the rebuilding or repair of a
non-conforming building or structure in accordance with 4.21
above provided that:
a)
The external dimensions of the original building or
structure are not increased;
b)
The use of the building or structure is not altered; and,
c)
A Development Permit is obtained.
4.23
In the event that a legally existing lot, building or structure no
longer meets applicable zoning by-law provisions due to a road
widening or expropriation, the existing lot, building or structure
shall be deemed to be non-conforming for the purposes of this
by-law.
OCCUPANCY RESTRICTIONS
4.24
No human habitation or activity conducted for gain or profit,
unless specifically permitted elsewhere in this By-law, shall be
permitted in the following buildings, structures or parts thereof:
a)
Any private garage, sea container, or other building that
is accessory to a residential use;
Section 4
General Provisions
Iqaluit Zoning By-law No.899
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b)
Any truck, bus, or coach whether or not it is mounted on
wheels;
c)
Any trailer or recreational vehicle;
d)
Any temporary building or structure, unless a camping
structure specifically permitted elsewhere in this By-law.
ONE LOT FOR ZONING PURPOSES
4.25
All contiguous land under one leaseholder shall be considered
one lot for zoning and planning application purposes.
PERMITTED PROJECTIONS INTO REQUIRED YARDS
4.26
Notwithstanding the minimum yard requirements of a zone, the
following projections shall be permitted as follows:
Object
Permitted
projection into any
required yard
Minimum
distance
from lot line
Canopy or awning
1.5 m
0.5 m
Unenclosed balcony fire escape
stairway porch or, deck
3 m
0.5 m
Solar panel, heat pump or similar
equipment
1.5 m
0.5 m
Ornamental architectural
features such as bay windows,
eaves, sill, belt course, chimney,
cornice, gutter, parapet, and
pilaster
1 m
0.5 m
OPEN STORAGE
4.27
Open storage in Institutional or Commercial Zones shall be
permitted only in rear or interior side yards and shall be closed
to view from any public street or walking trail through the use of
appropriate visual screening (e.g., fence, berm).
4.28
Open storage in Industrial or Transportation Zones shall not be
permitted within any minimum front, side, or rear yards where
these yards abut Residential or Institutional Zone.
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General Provisions
Iqaluit Zoning By-law No.899
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SIGHT TRIANGLES
4.29
An area within a sight triangle shall be kept free and clear of
buildings, structures, fencing, and vehicular parking in order to
provide for unobstructed views at intersections.
SPECIAL AIRPORT PROVISIONS
4.30
Any application for development that could potentially impact
airport operations shall be referred to the Airport Manager,
Iqaluit International Airport.
THROUGH LOTS
4.31
In the case of a through lot, the front yard setback of the
applicable zone and other applicable provisions related to front
yards (e.g. parking) shall be applied to the yards abutting both
streets.
4.32
In the case of a corner lot that is also a through lot, the front
yard setback of the applicable zone and other applicable
provisions related to front yards (e.g. parking) shall be applied
to any rear yard abutting a street.
WATERCOURSE SETBACKS
4.33
No development is permitted within 30.5 metres of the high
watermark of lakes, or where there is a defined bank, 15 metres
from the top of the bank. For streams and rivers, the setback
will be 30.5 metres from the centreline of the stream or river.
Exceptions to the required setback will be considered in
accordance with Sections 5.6.8 and 5.6.9 of the General Plan.
Section 5
Special Provisions
Iqaluit Zoning By-law No.899
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SECTION 5 - SPECIAL PROVISIONS
AUTOMOTIVE GAS BARS
5.1
Automotive gas bars shall be permitted in the T zone and in
some commercial and industrial zones. Where permitted, they
shall comply with the following:
a)
Notwithstanding the zone provisions, the minimum lot
frontage shall be 30 metres; and the minimum lot area
shall be 1,050 m2;
b)
Gasoline pump islands shall be located at least 4.0
metres from any property line, parking areas, or
laneways intended to control traffic circulation on the
site;
c)
The width of any entrance or exit driveway shall not
exceed 9 metres and there shall be no more than two
driveways per lot; and,
d)
The automotive gas bar shall meet all other provisions
of the zone in which it is located.
DAY CARE CENTRES
5.2
Day care centres shall be permitted in all residential zones, the
P zone and some commercial zones. Where permitted, they
shall comply with the following:
a)
A day care centre shall not provide care for more than
four (4) children without a license in accordance with
provisions of the Child Day Care Act;
b)
A day care centre shall meet the provisions of the zone
in which it is located;
c)
A day care centre operated within a single-detached
home is permitted provided that:
i.
No more than five (5) children are provided with
care in a given day; and,
ii.
All provisions of Section 5.3 of this By-law are
met.
HOME-BASED BUSINESSES
5.3
Home-based businesses are permitted in any dwelling unit in all
residential, commercial and institutional zones or in an
accessory building in a residential zone. Where permitted, they
shall comply with the following:
Section 5
Special Provisions
Iqaluit Zoning By-law No.899
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a)
The operator(s) of the home-based business must
reside in the dwelling;
b)
No more than two persons, other than the permanent
residents of the premises, shall be engaged in the
business;
c)
No more than two businesses are allowed at any given
residence;
d)
No more than 25% or 40 m² of the gross floor area of
the dwelling, whichever is the lesser, shall be used for a
home-based business;
e)
There shall be no external display or advertising other
than a sign measuring no more than 0.3 m² indicating
that a part of the dwelling house or dwelling unit is being
used for a purpose other than residential;
f)
There shall be no goods, wares or merchandise, other
than arts and crafts produced on the premises, offered
or exposed for sale or rent on the premises or outside
the premises;
g)
The home-based business shall be clearly secondary to
the main residential use and shall not change the
residential character of the dwelling unit;
h)
The activity shall not create or become a nuisance,
particularly with regard to noise, odour, vibration, traffic
or parking;
i)
No mechanical or electrical equipment shall be used
except what is reasonably consistent with the use of a
dwelling or used for carving purposes; and,
j)
A Home-based business shall meet the provisions of the
zone in which it is located.
MOBILE HOMES
5.4
Mobile homes shall be permitted in limited commercial and
residential zones. Where permitted, they shall comply with the
following:
a)
Have a gross floor area greater than 60 m²; and,
b)
Meet the provisions of the zone in which it is located.
RESIDENTIAL CARE FACILITY
5.5
Residential care facilities shall be permitted in the P zone and in
all residential zones with the exception of the RC zone. Where
permitted, they will comply with the following:
a)
A residential care facility shall meet the provisions of the
zone in which it is located; and,
Section 5
Special Provisions
Iqaluit Zoning By-law No.899
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b)
Vehicular traffic or parking in excess of that which is
characteristic of the zone will not be generated.
SECONDARY SUITES
5.6
Secondary suites shall be permitted as a conditional use in
limited residential zones. Where permitted, they shall comply
with the following:
a)
The suite shall form part of a single detached or semi-
detached dwelling;
b)
The suite shall be structurally attached to or located
within the principal dwelling;
c)
The suite shall not exceed a floor area of 40% of the
principal dwelling, or 50m² of gross floor area, whichever
is less;
d)
The suite may either share a combined entranceway
with the principal dwelling, or have an independent
ground floor entrance from the outside, provided that the
independent entrance is located on the side or rear
building facade and has adequate pedestrian access;
and,
e)
The suite shall meet the provisions of the zone in which
it is located.
SHORT-TERM RENTAL
5.7
Short-term rentals shall be permitted in any dwelling unit in any
residential or commercial zone subject to the following:
a)
Short-term rentals shall only be permitted in a primary
residence, which is defined as a dwelling unit owned or
rented by an individual person, either alone or jointly
with others, where the individual person is ordinarily
resident;
b)
Notwithstanding the above, a short-term rental may be
permitted in a secondary suite that is accessory to a
primary residence;
c)
The number of guests shall be limited to a maximum of
six;
d)
Short-term rentals comprising the entire primary
residence may only be used as a short-term rental for a
maximum of 180 nights per year;
e)
The short-term rental shall not change the residential
character of an existing dwelling unit; and,
f)
A short-term rental shall meet the provisions of the zone
in which it is located.
Section 5
Special Provisions
Iqaluit Zoning By-law No.899
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TEMPORARY DEVELOPMENT
5.8
A temporary building or structure erected at a construction site
is permitted in all zones until the work is either completed or
abandoned.
5.9
Council may issue a development permit for a period of up to 5
years, specified in a temporary development permit.
5.10
The temporary development permit shall include the following
conditions:
a) the City will not be liable for any costs involved in the
cessation or removal of any use or development upon
the expiry of the permit;
b) the applicant shall cease or remove the use or
development after the expiration of the development
permit;
and may include the following additional conditions:
c) the applicant shall post a security guaranteeing the
cessation or removal of the use or development at the
end of the specified period of time;
d) the applicant may request to extend the validity of the
development permit for a specified period of time; and,
e) others as deemed appropriate.
5.11
Temporary development must be compatible with surrounding
development with respect to use, character and built form.
5.12
At the discretion of Council, temporary development may be
permitted in all zones, despite permitted uses in the zone, and
may not comply with the applicable setback provisions.
5.13
Despite Sections 5.8 to 5.12, no temporary building or structure
shall be used for human habitation.
UTILITY INSTALLATION
5.14
A utility installation is permitted in all zones other than ME,
MR(1) and MR(2) subject to the following provisions:
a)
the form and appearance of any building containing a
utility installation must blend in with surrounding
development and comply with zone setback provisions;
b)
no offices, maintenance uses, or indoor or outdoor
storage facilities are permitted, except where otherwise
allowed in the zone; and,
c)
no dust, smoke, noise odour or other nuisance of
detrimental impact may be produced.
5.15
Despite Section 5.14, utility installations subject to the
requirements of an environmental assessment are permitted in
all zones and are not subject to the provisions of this Section.
Section 5
Special Provisions
Iqaluit Zoning By-law No.899
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5.16
Despite Section 5.14, major communications facilities that
support airport and marine communications shall be permitted
only in the Transportation Zone.
5.17
A utility installation that generates a detrimental impact, health
or safety hazard or nuisance beyond the boundaries of the lot
may only be located in the Heavy Industrial Zone.
5.18
A utility installation need not comply with the minimum lot area
or frontage in the zone where it is located.
5.19
Hydro distribution and transmission, telecommunications
towers, and wind turbines may exceed the height limit
applicable to the zone but must be no higher than is necessary
to operate effectively and safely.
Section 6
Parking and Loading Requirements
Iqaluit Zoning By-law No.899
40
SECTION 6 - PARKING AND LOADING
REQUIREMENTS
PARKING REQUIREMENTS
6.1
Parking shall be required for any use, building or structure in
accordance with the following standards; it shall be accessory
to a permitted use and located on the same lot as the use:
Use of Building or Development
Minimum Number of
Parking Spaces
a)
Residential
R1A
1 per dwelling unit and
an access driveway for
pump out. Access
driveway may be shared
with an adjacent
dwelling unit or lot, as
approved by the
Development Officer.
Single Detached, in a zone other than R1A
Semi Detached, in a zone other than R1A
Duplex Dwellings
1 per dwelling unit
Multiple family dwelling in a R2, RC or S
Zone outside the Core Area
1 per dwelling unit plus
1 visitor space per 6
dwelling units.
Multiple family dwelling in an R3 Zone
outside the Core area
1 per dwelling unit plus
1 visitor space per 10
dwelling units
Dwelling Units in a B1, B2, B3 or P Zone
outside the Core Area
1 per 2 dwelling units
plus 1 visitor space per
10 dwelling units.
Dwelling units in a R2, R3, S, B1, CD or P
Zone located in the Core Area
1 per 2 dwelling units
plus 1 visitor space per
15 dwelling units.
Dwelling Units in a B1, CD or P Zone in the
Core Area, as defined by the General Plan
1 per 2 dwelling units
plus 1 visitor space per
20 dwelling units.
Section 6
Parking and Loading Requirements
Iqaluit Zoning By-law No.899
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Residential care facility
1 per 8 units or rooms,
plus 1 per 2 employees.
b)
Commercial
Office, retail store, personal service,
business services, bank, neighbourhood
convenience stores or similar uses
1 per 50 m² of gross
floor area
Restaurant and bars
1 per 10 m² of gross
floor area of dining area
and drinking
establishment
Hotels
1 per 8 units or rooms
c)
Institutional
Community centre
1 per 50 m² of gross
floor area
Correctional facility
Day care
Place of assembly
1 per 200 m² of gross
floor area
1 per 50 m² of gross
floor area
1 per 20 m2 of gross
floor area of assembly
Place of worship
1 per 15 m2 of gross
floor area of assembly
Educational facility (elementary)
1.5 per classroom
Educational facility (high school, college, or
similar)
2.5 per classroom
Medical facility
1 per 200 m² of gross
floor area
Libraries and museums
1 per 150 m² of gross
floor area
Recreation facility
4 per ice sheet or court
plus 5 per 100m2 of
Section 6
Parking and Loading Requirements
Iqaluit Zoning By-law No.899
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common or assembly
area
d)
Industrial
Warehouse, open storage or yards or
similar uses
1 per 500 m² of gross
floor area
Manufacturing plant, service and repair
shops, building supply centre, automotive
sales or rental establishment, automotive
service garage or bar, or similar uses
1 per 250 m² of gross
floor area
Accessory retail uses
1 per 100 m² of retail
gross floor area
e)
Notwithstanding the requirements of this section, off-street
parking for uses not specifically addressed shall be determined
by the Development Officer with due regard to the amenities of
the zone, similar types of uses, and the proposed development.
6.2
Where parking calculations in Section 6.1 result in requirements
for a fraction of a parking space after calculating the total for all
uses, the requirement will be rounded down to the nearest
whole number.
ACCESSIBLE PARKING
6.3
In the case of high density Residential (i.e., apartment dwellings
and row dwellings) Commercial, Institutional/Public and
Industrial Uses, parking for people with disabilities shall be
provided in accordance with the following table:
Total Parking Spaces Required
Accessible Parking Spaces
Required (min)
0 - 5
0
6 - 25
1
26 - 50
2
51 - 75
3
76 - 100
4
101 - 150
5
151 - 200
6
Section 6
Parking and Loading Requirements
Iqaluit Zoning By-law No.899
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Over 200
3% of total
DIMENSIONS OF PARKING AREAS
6.4
Each required off-street parking space and parking aisle shall
have the following minimum dimensions:
Parking Space
Type of space
Length
Width
Aisle
Width
Vertical
clearance
Perpendicular
parking
6.0m
2.7m
6.5m
2.2m
Parallel parking
6.7m
2.7m
3.6m
2.2m
Angled parking (45°)
5.2m
3.7m
3.7m
2.2m
Angled parking (60°)
5.6m
3.0m
5.2m
2.2m
Accessible parking
6.0m
3.66m
-
2.2m
Loading space
7.5m
3.0m
-
4.0m
PARKING AREA SURFACE
6.5
In the case of developments within the R3, B1, B2, CD, P, M1,
M2, and T Zones, each parking area and driveway connecting it
with a street shall be surfaced with concrete, asphalt, crushed
stone or other material that prevents the raising of dust or loose
particles, with provision for drainage facilities.
MORE THAN THREE PARKING SPACES ON LOT
6.6
For developments requiring or providing more than three (3)
parking spaces, no parking space may access a road directly
by pulling in or backing out (i.e. must be accessed via driveway
and aisle).
6.7
Notwithstanding Section 6.6, no parking space may access a
Collector Road directly by pulling in or backing out (i.e. must be
accessed via driveway and aisle) in any B2 Zone or in the CD,
B1, or P Zones in the Core Area, as defined by the General
Plan.
6.8
A parking area containing more than three (3) parking spaces
shall provide a landscaped open space strip with a minimum
width of 1 m along the lot line(s) adjoining the road.
Section 6
Parking and Loading Requirements
Iqaluit Zoning By-law No.899
44
ACCESS
6.9
Access driveways designated for two-way traffic shall be no
less than 6.5 m wide. Separate one-way entrance and exit
driveways shall be no less than 3.0 m wide. No driveway shall
exceed a width of 9 m, except for in industrial zones.
6.10
The maximum width of any abutting driveway along a common
lot line, measured along the lot line, shall be 9 m, except for
Industrial Zones.
6.11
The minimum distance between two separate driveways on one
lot, measured along the lot line, shall be 7 m.
6.12
The minimum distance between a driveway entrance and a
street intersection shall be 6 m in Residential zones and 8 m in
all other zones.
6.13
The minimum angle of intersection between a driveway and a
lot line shall be 60 degrees.
6.14
Access to parking areas for Commercial or Industrial uses shall
not pass through a Residential Zone.
MORE THAN ONE USE ON A LOT
6.15
When a building, structure or lot accommodates more than one
type of use, the parking space requirement shall be the sum of
the requirements for the separate parts of the building structure
or lot occupied by the separate types of use.
6.16
Notwithstanding Section 6.15, when a building, structure or lot
accommodates more than one commercial and/or institutional
use, Council may consider opportunities for shared parking if
the applicant can successfully demonstrate that the proposed
commercial and/or institutional uses on the site will have
significantly different peak parking demands throughout the day
and/or week. In such cases, Council may authorize a reduction
of up to 25% of the total parking requirements on the site.
Shared parking is not permitted for any residential use(s).
ADDITIONS AND CHANGES OF USE
6.17
The parking space requirements shall not apply to non-
conforming buildings or structures. However, if a change of use
or an addition to a non-conforming building results in a
requirement for additional parking spaces (as a result of the
addition or the new use), parking shall be provided in
accordance with this By-law.
Section 6
Parking and Loading Requirements
Iqaluit Zoning By-law No.899
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USE OF PARKING SPACE AND AREAS
6.18
Off-street parking shall only be used for:
a)
The parking of automotive vehicles bearing a valid
motor vehicle license plate, except for snowmobiles, all-
terrain vehicles, and vehicles associated with an
automotive service garage, automotive sales or rental
establishment, and a heavy equipment and vehicle yard;
and,
b)
Vehicles used in operations incidental to the permitted
uses.
COMMERCIAL VEHICLES IN RESIDENTIAL ZONES
6.19
No person shall use any lot in a residential zone for the parking
or storage of a commercial vehicle having a gross vehicle
weight of more than two (2.0) tons.
6.20
No person shall use any lot, building or structure in any
residential zone for the parking or storage of more than one
commercial vehicle.
PARKING AREA LOCATION ON LOT
6.21
In each zone, surface parking areas shall be permitted in yards
as follows:
Zone
Yard in which a parking area is
permitted
CD, B1, B2, RC
Side and rear yard
R1, R2, R3, S
All yards
R1A
All yards, where at least one parking
space is provided directly in front of the
service connection
B3, P, M1, M2, other
All yards provided that no part of any
parking area, other than a driveway, is
located closer than 1 m to any lot line or
2 m to a residential zone
6.22
Where parking spaces are required or provided for a home-
based business, two (2) of the parking spaces may be provided
one behind the other within a driveway, as long as the required
parking space dimensions are met.
Section 6
Parking and Loading Requirements
Iqaluit Zoning By-law No.899
46
OFF-SITE PARKING SPACES
6.23
The provision of required parking spaces shall be permitted off-
site in the CD, B1, and B2 Zones subject to the approval of
Council and under the following conditions:
a)
The off-site parking area shall be located a maximum
distance of 75 metres from the lot boundary where the
building or use is located;
b)
The number of off-site parking spaces shall not exceed
25% of the total required number of parking spaces;
and,
c)
The off-site parking area must be landscaped in
accordance with Development Permit requirements and
the provisions of Section 6.8.
LOADING SPACE REGULATIONS
6.24
Every building or structure in a commercial, industrial,
Institutional or transportation zone involving the frequent
receiving, shipping, loading or unloading of goods, wares,
merchandise or raw materials shall provide loading facilities or
spaces in accordance with the following requirements:
a)
All loading spaces shall be provided on the same lot and
may be located in any yard;
b)
A loading space located in a front yard shall be set back
an appropriate distance from the front of the building;
c)
Where a loading space is located in a yard that abuts a
residential zone, it shall be screened from the residential
zone; and,
d)
Driveways, loading and unloading spaces shall be
maintained with a hard surface material that is the same
as the material used for the parking area on the same
lot.
Section 7
Sign Provisions
Iqaluit Zoning By-law No.899
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SECTION 7 - SIGN PROVISIONS
SIGNS REQUIRING PERMITS
7.1
Unless exempted by Section 7.3, the erection, display,
alteration, replacement or relocation of a sign requires a
development permit.
7.2
An application shall be made in writing to the Development
Officer along with drawings to scale that indicate:
a)
The location of the sign on the site or building;
b)
The dimensions of the sign; and,
c)
The type of illumination, if any.
SIGNS NOT REQUIRING PERMITS
7.3
The following signs do not require a development permit:
a)
Signs that are not visible from a public road;
b)
Property identification signs, not to exceed 1 m² in size;
c)
Advertisements on street furniture under contract to, or
approved by the City;
d)
Identification signs for professional, corporate, or trade
name plates identifying the occupant(s) if the sign does
not exceed 1 m² in size, except in the case of a day care
centre or home-based business, which shall not exceed
0.3 m² in size;
e)
Real estate and contractor signs, provided that the sign
is not illuminated and is limited to the duration of the
activity to which it refers;
f)
Temporary election campaign signs, provided they are
removed no more than 14 days following the election;
g)
Community event signs, provided they are erected for
not more than 21 days and removed immediately
following the event;
h)
Flags and emblems;
i)
Memorial plaques;
j)
Public signage such as street signs, information signs
and public utility signage;
k)
Wall murals which do not include commercial
advertising in Business zones; and,
l)
Normal maintenance including painting, repair or
replacement of existing signs.
Section 7
Sign Provisions
Iqaluit Zoning By-law No.899
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PROHIBITED SIGNS
7.4
The following signs are prohibited in the City of Iqaluit:
a)
Roof signs;
b)
Signs which, by reason of location, shape, colour or
method of illumination create a hazard to the safe and
efficient movement of vehicular and pedestrian traffic;
c)
Signs attached to or located on any parked vehicle not
normally used in the daily activity of the business; and,
d)
Signs on balloons or other inflatable signs, except to
advertise a special community or business event and
not to exceed a period of 21 days.
Section 8
R1 Zone
Iqaluit Zoning By-law No.899
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PART 2
ZONES
SECTION 8 - LOW DENSITY RESIDENTIAL
ZONE - FULL SERVICES (R1)
PERMITTED USES
8.1
The following uses shall be permitted in the R1 Zone:
Single-detached dwelling
Semi-detached dwelling
Duplex dwelling
Home based business, See Section 5.3
Short term rental, See Section 5.7
Utility installation, See Section 5.14
CONDITIONAL USES
8.2
The following uses are conditional uses in the R1 Zone:
Boarding house
Day care centre, See Section 5.2
Mobile home, See Section 5.4
Residential care facility, See Section 5.5
Secondary suite, See Section 5.6
CONDITIONAL USE CRITERIA
8.3
In approving a conditional use in a R1 Zone, the following
conditions shall be considered:
a)
The development is consistent with the character and
typology of surrounding development; and
b)
In the case of a residential care facility, a maximum of
10 persons, excluding staff, may live at the facility.
ZONE PROVISIONS
8.4
The following provisions shall apply to single-detached
dwellings, residential care facilities, day care centres,
boarding houses and, mobile homes:
Section 8
R1 Zone
Iqaluit Zoning By-law No.899
50
Lot Area (min)
270 m²
Lot Frontage (min)
10 m
Yard Requirements (min)
Front
6 m
Rear
6 m
Rear, when rear lot line
adjacent to an OR Zone
1 m
Interior Side
2 m
Exterior Side
3 m
Building Height (max)
10 m
Dwelling Unit Area (min)
60 m²
Dwelling Units Per Lot
1
8.5
The provisions for single-detached dwellings shall apply to
duplex dwellings, except in the case of the following:
Lot Area (min)
410 m²
Lot frontage (min)
18 m
Yard, Interior Side (min)
3 m
Dwelling Units Per Lot
2
8.6
The foregoing provisions shall apply to semi-detached
dwellings, except in the case of the following:
Lot Area (min)
440 m²
Lot frontage (min)
18 m
Yard, Interior Side (min)
3 m
Dwelling Units Per Lot
2
8.7
In the case of a semi-detached dwellings located on separate,
adjacent lots, the provisions for single-detached dwellings
shall apply, except in the case of the following:
Lot Area (min)
180 m²
Lot frontage (min)
8 m / unit.
Yards, Side (min)
one side may be
reduced to 0, the
other 3 m
SPECIAL EXCEPTION ZONE
8.8
Notwithstanding Permitted Uses in Section 8.1, on lands zoned
R1(1), only a single-detached dwelling or home-based
business shall be permitted.
8.9
Notwithstanding Conditional Uses in Section 8.2, on lands
zoned R1(1), only secondary suites shall be permitted.
8.10
Notwithstanding Zone Provisions in Section 8.4, on lands zoned
R1(1), the minimum lot area shall be 245 square metres, the
Section 8
R1 Zone
Iqaluit Zoning By-law No.899
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minimum lot frontage shall be 9 metres, and the maximum
building height shall be 11 metres.
Section 9
R1A Zone
Iqaluit Zoning By-law No.899
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SECTION 9 - LOW DENSITY RESIDENTIAL
ZONE - TRUCKED SERVICES (R1A)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
9.1
The following uses shall be permitted in the R1A Zone:
Single-detached dwelling
Semi-detached dwelling
Duplex dwelling
Home based business. See Section 5.3
Short term rental, See Section 5.7
Utility installation, See Section 5.14
CONDITIONAL USES
9.2
The following uses are conditional uses in the R1A Zone:
Boarding house
Day care centre, See Section 5.2.
Mobile home, See Section 5.4.
Residential care facility, See Section 5.5.
Secondary suite, See Section 5.6.
CONDITIONAL USE CRITERIA
9.3
In approving a conditional use in a R1A Zone, the following
conditions shall be considered:
a) The development is consistent with the character
and typology of surrounding development; and
b) In the case of a residential care facility, a maximum of
10 persons, excluding staff, may live at the facility.
ZONE PROVISIONS
9.4
The following provisions shall apply to single-detached
dwellings, residential care facilities, day care centres,
boarding houses and, mobile homes:
Lot Area (min)
500 m²
Lot Frontage (min)
18 m
Section 9
R1A Zone
Iqaluit Zoning By-law No.899
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Yard Requirements (min)
Front
6 m
Rear
6 m
Rear, when rear lot line
adjacent to an OR Zone
1 m
Interior Side
3 m
Exterior Side
4 m
Building Height (max)
10 m
Dwelling Unit Area (min)
60 m²
Dwelling Units Per Lot
1
9.5
The provisions for single-detached dwellings shall apply to
duplex dwellings, except in the case of the following:
Lot Area (min)
550 m²
Lot frontage (min)
22 m
Yard, Interior Side (min)
3 m
Dwelling Units Per Lot
2
9.6
The provisions for single-detached dwellings shall apply to
semi-detached dwellings, except in the case of the following:
Lot Area (min)
600 m²
Lot Frontage (min)
24 m
Dwelling Units Per Lot
2
9.7
In the case of a semi-detached dwellings located on separate,
adjacent lots, the provisions for single-detached dwellings
shall apply, except in the case of the following:
Lot Area (min)
220 m²
Lot frontage (min)
10 m / unit.
Yards, Side
One side yard setback may be reduced to zero
and the other shall be a minimum of 3 m.
SPECIAL EXCEPTION ZONE
9.8
Notwithstanding the permitted and conditional uses in Section
9.1 and 9.2, only the following conditional uses will be permitted
on lands zoned R1A(1): single-detached dwelling, home
based business, and secondary suite. In addition to the
Conditional Use Criteria listed in Section 9.3, additional criteria
shall be considered in approving a conditional use on lands
zoned R1A(1):
a) The siting of the development and building form
responds to the physical characteristics of the lot;
Section 9
R1A Zone
Iqaluit Zoning By-law No.899
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b) The design, scale and massing of the development,
including landscaping, is sensitive to the historic
Hudson Bay buildings situated southwest of the site;
and,
c) No outdoor storage is permitted on the lot.
9.9
Notwithstanding the permitted conditional uses in Section 9.1
and 9.2 regarding the uses permitted in the (R1A) zone, on
lands zoned R1A (2), an animal hospital shall be permitted as a
conditional use, subject to the Conditional Use Criteria listed in
Section 9.3 and subject to the gross floor area of the animal
hospital not exceeding 170 m2.
9.10
Despite Zone Provisions in Section 9.4, on lands zoned R1A(3),
the minimum lot area shall be 400 square metres and the
minimum lot frontage shall be 12 metres.
Section 10
R2 Zone
Iqaluit Zoning By-law No.899
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SECTION 10 - MEDIUM DENSITY
RESIDENTIAL ZONE - (R2)
PERMITTED USES
10.1
The following uses shall be permitted in the R2 Zone:
Semi-detached dwelling
Duplex dwelling
Triplex dwelling
Fourplex dwelling
Row dwelling
Home based business, See Section 5.3
Short term rental, See Section 5.7
Utility installation, See Section 5.14
CONDITIONAL USES
10.2
The following uses are conditional uses in the R2 Zone:
Boarding house
Day care centre, See Section 5.2
Residential care facility, See Section 5.5
Sixplex
Stacked row dwelling
CONDITIONAL USE CRITERIA
10.3
In approving a conditional use in a R2 Zone, the following
conditions shall be considered:
a)
The development is consistent with the character and
typology of surrounding development;
b)
The scale and massing of the development considers
the existing or proposed development on adjacent lots;
c)
In the case of a residential care facility, a maximum of
10 persons, excluding staff, may live at the facility.
d)
Grouped parking areas and shared building services
(e.g. garbage pick-up and oil delivery) are used as much
as possible.
ZONE PROVISIONS
10.4
The zone provisions described in the R1 Zone for single-
detached dwellings, residential care facilities, day care
Section 10
R2 Zone
Iqaluit Zoning By-law No.899
56
centres, boarding houses, semi-detached dwellings, and
duplex dwellings Zone shall apply to the R2 Zone.
10.5
The zone provisions for triplex and fourplex dwellings are as
follows:
Lot Area (min)
200 m² /unit
Lot Frontage (min)
30 m
Yard Requirements (min)
Front
6 m
Rear
6 m
Rear, when rear lot line
adjacent to an OR Zone
3m
Interior Side
3 m
Exterior Side
3 m
Building Height (max)
10.5 m
Dwelling Unit Area (min)
60 m²
10.6
The zone provisions for row dwellings are as follows:
Lot Area (min)
150 m2 /unit
Lot Frontage (min)
5 m per unit
Yard Requirements (min)
Front
6 m
Rear
6 m
Rear, when rear lot line
adjacent to an OR Zone
3m
Interior Side
3 m
Exterior Side
4 m
Building Height (max)
10.5 m
Dwelling Unit Area (min)
60 m2
Density
For row dwellings,
the maximum
density will be
established on the
basis of 60
dwelling units per
net hectare.
Units in a row (max)
6 units
10.7
In the case of a row dwelling located on separate, adjacent
lots, the provisions for row dwellings shall apply, except in the
case of the following:
Lot Area (min)
100 m²
Lot frontage (min)
5 m / unit
Yards, Side
Section 10
R2 Zone
Iqaluit Zoning By-law No.899
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Side yard setbacks may be reduced to zero, or,
in the case of an end unit, an interior side yard
shall be a minimum of 3 m and an exterior side
yard a minimum of 4 m.
10.8
The zone provisions for stacked row dwellings are as follows:
Lot Area (min)
75 m2 /unit
Lot Frontage (min)
5 m per ground
floor unit
Yard Requirements (min)
Front
6 m
Rear
6 m
Rear, when rear lot line
adjacent to an OR Zone
3m
Interior Side
3 m
Exterior Side
4 m
Building Height (max)
10.5 m
Dwelling Unit Area (min)
60 m2
Density
For row dwellings,
the maximum
density will be
established on the
basis of 70
dwelling units per
net hectare.
Units in a row (max)
6 units
10.9
The zone provisions for a sixplex are as follows:
Lot Area (min)
150 m2 /unit
Lot Frontage (min)
30 m
Yard Requirements (min)
Front
6 m
Rear
6 m
Interior Side
3 m
Exterior Side
4 m
Building Height (max)
10.5 m
Dwelling Unit Area (min)
60 m2
Density
For sixplexes, the
maximum density
will be established
on the basis of 70
dwelling units per
net hectare.
Units in a row (max)
6 units
Section 10
R2 Zone
Iqaluit Zoning By-law No.899
58
SPECIAL EXCEPTION ZONE
10.10 Notwithstanding the Zone Provisions in Sections 10.5 and 10.8,
on lands zoned R2(1), the minimum lot frontage requirement
shall be 42 metres, the front yard requirement shall be 3
metres, the exterior side yard requirement shall be 1.8 metres
and the maximum density shall be 105 dwelling units per net
hectare. For stacked row dwellings, the maximum building
height shall be 12.2 metres and the maximum units in a row
shall be 8 units.
10.11 Notwithstanding the Zone Provisions of Section 10.6, for lands
zoned R2(2) the minimum rear yard shall be 5 metres and the
minimum front yard shall be 4 metres. For the purpose of this
Special Exception zone, the front lot line shall be the line
abutting Nirukittug Crescent and the exterior lot line shall be the
line abutting Qaujisarvik Road.
10.12 Notwithstanding the Zone Provisions in Sections 10.4 to 10.9,
on lands zoned R2(3), the minimum lot frontage shall be 30
metres.
10.13 Notwithstanding the Zone Provisions in Sections 10.4 to 10.9,
on lands zoned R2(4), the maximum density shall be 80
dwelling units per net hectare.
10.14 Notwithstanding the Permitted and Conditional Uses in Sections
10.1 and 10.2, only the following conditional uses may be
approved on lands zoned R2(5): Row dwelling, Stacked row
dwelling, Boarding house, Day care centre, and Residential
care facility. In addition to the Conditional Use Criteria in
Section 10.3, the following additional criterion shall apply:
a)
A snow and wind study shall be required as part of the
development permit process to ensure the design of the
main building(s) on the site mitigate snow drifting effects on
the subject lot, the road, and surrounding lots due to the
rocky hill to the north.
10.15 Notwithstanding the Zone Provisions in Sections 10.4 to 10.9,
on lands zoned R2(5), the minimum building height shall be 2
storeys.
Section 11
R3 Zone
Iqaluit Zoning By-law No.899
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SECTION 11 - HIGH DENSITY RESIDENTIAL
ZONE - (R3)
PERMITTED USES
11.1
The following uses shall be permitted in the R3 Zone:
Fourplex dwelling
Row dwelling
Sixplex
Stacked row dwelling
Apartment dwelling
Day care centre, See Section 5.2
Home based business, See Section 5.3
Residential care facility, See Section 5.5
Short Term Rental, See Section 5.7
Utility Installation, See Section 5.14
CONDITIONAL USES
11.2
The following uses are conditional uses in the R3 Zone:
Boarding house
CONDITIONAL USE CRITERIA
11.3
In approving a conditional use in a R3 Zone, the following
conditions shall be considered:
a) The development is consistent with the character and
typology of surrounding development;
b) The scale and massing of the development considers the
existing or proposed development on adjacent lots;
c) Grouped parking areas and shared building services (e.g.
garbage pick-up and oil delivery) are used as much as
possible.
ZONE PROVISIONS
11.4
The zone provisions described in the R1 Zone for residential
care facilities, day care centres, and boarding houses, shall
apply to the R3 Zone.
11.5
The zone provisions described in the R2 Zone for fourplex
dwellings shall apply to the R3 Zone.
Section 11
R3 Zone
Iqaluit Zoning By-law No.899
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11.6
The zone provisions described in the R2 Zone for row
dwellings, stacked row dwellings and sixplex dwellings
shall apply to the R3 Zone.
11.7
The following provisions shall apply to apartment dwellings:
Lot Area (min)
230.0 m² per unit for the
first four (4) units, plus
45.0 m² for each additional
unit in excess of four (4)
Lot Frontage (min)
35 m
Yard Requirements (min)
Front
6 m
Rear
8 m
Interior Side
3 m
Exterior Side
4 m
Landscaped Open Space (min)
25%
Dwelling Unit Area (min)
- for a bachelor dwelling
37 m²
- for a dwelling unit
containing 1 bedroom
46 m²
- for a dwelling unit
containing 2 bedrooms
60 m²
- for a dwelling unit
containing 3 bedrooms
75 m²
- for a dwelling unit
containing more
than 3 bedrooms
75 m² plus 9 m² for
each bedroom in
excess of three
Building Height (max)
4 storeys, not to
exceed 15 metres
Density
For apartment
dwellings, the
maximum density
will be established
on the basis of 150
dwelling units per
net hectare.
Section 11
R3 Zone
Iqaluit Zoning By-law No.899
61
SPECIAL EXCEPTION ZONE
11.8
Notwithstanding the Zone Provisions in Section 11.7, on lands
zoned R3(1), the front yard setback requirement shall be 3m,
the rear yard setback requirement shall be 6m, the exterior side
yard requirement shall be 3m, and the interior side yard setback
requirement shall be 2m.
11.9
Notwithstanding the Zone Provisions in Section 11.7, on lands
zoned R3(2) the minimum lot frontage requirement shall be
11.7m.
Section 12
RC Zone
Iqaluit Zoning By-law No.899
62
SECTION 12 - CLUSTER RESIDENTIAL ZONE
- (RC)
The following uses are conditionally permitted subject to Section 4.10:
CONDITIONAL USES
12.1
The following uses are conditional uses in the RC Zone:
Ground-oriented housing
Home-based business, See Section 5.3
Studio
Day care centre, See Section 5.2
Secondary suite, See Section 5.6
Short Term Rental, See Section 5.7
CONDITIONAL USE CRITERIA
12.2
In approving a conditional use or uses in a RC Zone, the
development proposal shall be reviewed in relation to the
following criteria:
a)
A comprehensive plan that clearly articulates the
purpose and relationships of uses;
b)
The siting of development and building form responds to
the physical characteristics of the site;
c)
The scale and massing of the development considers
the existing or proposed development on adjacent lots;
d)
The development may include shared amenity spaces,
either indoor (e.g. workshop, studio, meeting room, day
care, etc.) or outdoor (e.g. sitting area, active play area,
etc.);
e)
Each ground floor unit shall have an enclosed storage
area either as part of the principal dwelling or as a
dedicated space within a communal storage accessory
building;
f)
The design, siting and relationship of buildings on the lot
considers wind and snow drifting patterns such that on-
site and downwind off-site impacts are minimized;
g)
Opportunities for solar exposure of active spaces in
each dwelling unit (i.e. living room & kitchen) are
maximized;
h)
Opportunities for views (e.g. to the sea, public spaces,
natural features) from each dwelling unit are maximized;
Section 12
RC Zone
Iqaluit Zoning By-law No.899
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i)
Grouped parking areas and shared building services
(e.g. garbage pick-up and oil delivery) are used as much
as possible;
j)
Buildings with walk-up dwelling units located above the
first floor are designed to minimize the visual impact of
access stairways; and
k)
Landscaping on the site generally defines movement
areas and spaces.
ZONE PROVISIONS
12.3
The sum of all development on a lot in an RC Zone shall meet
the following provisions:
Yard Requirements (min)
Front
3 m
Rear
3 m
Rear, when rear lot line
adjacent to an OR Zone
3 m
Interior Side
3 m
Exterior Side
3 m
Building Height (max)
10.5 m
Landscaped open space (min)
20%
Lot Area (min)
1,000 m2
Lot Frontage (min)
40 m
Density (min)
35 units / ha
Density (max)
80 units / ha
12.4
The zoning provisions for row dwellings are as follows:
Maximum Unit Footprint
6 units
12.5
The zoning provisions for a studio are as follows:
Gross Floor Area (max)
100 m2
SPECIAL EXCEPTION ZONE
12.6
Notwithstanding the Zone Provisions in Section 12.3, on lands
zoned RC(1), the interior side yard requirement shall be 6
metres for the southerly 30 metres of interior side lot line. The
remaining interior side yard requirement shall be 3 metres.
12.7
Notwithstanding the Zone Provisions in Section 6.21, on lands
zoned RC(2) parking is permitted in all yards.
Section 12
RC Zone
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12.8
Notwithstanding the Zone Provisions in Section 12.3, on lands
zoned RC(3), the minimum lot frontage shall be 30 metres and
the maximum density shall be 90 units per hectare.
Section 13
S Zone
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SECTION 13 - SIJJANGA ZONE (S)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
13.1
The following uses shall be permitted in the S Zone:
Single-detached dwelling
Semi-detached dwelling
Duplex dwelling
Triplex dwelling
Fourplex dwelling
Row dwelling
Home based business, See Section 5.3
Short term rental, See Section 5.7
Studio
Utility Installation, See Section 5.14
CONDITIONAL USES
13.2
The following uses are conditional uses in the S Zone:
Boarding house
Day care centre, See Section 5.2
Neighbourhood convenience store
Residential care facility, See Section 5.5
Restaurant
Secondary suite, See Section 5.6
Uses permitted in the Public/Institutional P Zone
CONDITIONAL USE CRITERIA
13.3
In approving a conditional use in an S Zone, the following shall
be considered:
a) The development is consistent with the character of
typology of surrounding development;
b) The use will not generate vehicular traffic or parking in
excess of that which is characteristic of the zone in which it
is located;
c) In the case of a residential care facility, a maximum of 10
persons, excluding staff, may live at the facility.
Section 13
S Zone
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ZONE PROVISIONS
13.4
The following provisions shall apply to all development in the S
Zone:
Yard Requirements (min)
Front
6 m
Rear
6 m
Rear, when rear lot line
adjacent to a beach OR Zone
8 m
Interior Side
3 m
Exterior Side
3 m
Building Height (max)
2 storeys,
to a max. of
9 m
Dwelling Unit Area (min)
75 m²
13.5
In addition to the provisions in Section 13.4, the following
provisions shall apply to single-detached dwellings,
residential care facilities, day care centres and, boarding
houses:
Lot Area (min)
380 m²
Lot Frontage (min)
15 m
Dwelling Units Per Lot
1
13.6
The provisions for single-detached dwellings shall apply to
duplex dwellings, except in the case of the following:
Lot Area (min)
410 m²
Lot frontage (min)
18 m
Dwelling Units Per Lot
2
13.7
The zoning provisions for semi-detached dwellings are as
follows:
Lot Area (min)
440 m²
Lot Frontage (min)
20 m
13.8
In the case of a semi-detached dwellings being located on
separate, adjacent lots, the provisions for single-detached
dwellings shall apply, except in the case of the following:
Lot Area (min)
180 m²
Lot frontage (min)
8 m / unit.
Yards, Side (min)
one side may be
reduced to 0, the
other 3 m;
Section 13
S Zone
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13.9
The zoning provisions for triplex and fourplex dwellings are as
follows:
Lot Area (min)
200 m² /unit
Lot Frontage (min)
30 m
13.10 The zoning provisions for row dwellings are as follows:
Lot Area (min)
150 m2 /unit
Lot Frontage (min)
5 m per unit
Lot Frontage (max)
40 m
Density
For row dwellings,
the maximum
density will be
established on the
basis of 40
dwelling units per
net hectare.
Units in a row (max)
4 units
13.11 The zoning provisions for public or institutional uses are as
follows:
Gross Floor Area (max)
500 m²
Lot Area (min)
1,000 m²
Lot Frontage (min)
35 m
13.12 The zoning provisions for restaurants are as follows:
Gross Floor Area (max)
75 m²
Lot Area (min)
500 m²
Lot Frontage (min)
25 m
13.13 The zoning provisions for a studio or neighbourhood
convenience store are as follows:
Gross Floor Area (max)
150 m²
Lot Area (min)
500 m²
Lot Frontage (min)
25 m
SPECIAL EXCEPTION ZONE
13.14 In addition to the uses permitted in the S Zone, on lands zoned
S(1), an office will be a permitted use, subject to the gross floor
area of the office use being no greater than 150m2 and subject
to the provisions in Section 13.4 of the Zoning By-law.
Section 13
S Zone
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13.15 In addition to the uses permitted in the S Zone, on lands zoned
S(2), a business service use will be permitted subject to the
provisions in Section 15.3 of the Zoning By-law.
13.16 Notwithstanding Section 13.4 of this By-law, on lands zoned
S(3), the rear yard setback shall be 6 metres.
Section 14
CD Zone
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SECTION 14 - CAPITAL DISTRICT ZONE -
(CD)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
14.1
The following uses shall be permitted in the CD Zone:
City Hall building
Community centre
Court house
Educational facility
Home based business, See Section 5.3
Hotel
Office
Place of assembly
Recreational facility
Research and development centre
Short Term rental, See Section 5.7
Utility installation, See Section 5.14
CONDITIONAL USES
14.2
The following uses are conditional uses in the CD Zone:
Bank
Bar
Business services
Day care centre, See Section 5.2
Dwelling unit(s) in a Non-Residential building
Personal services establishment
Restaurant
Retail store
CONDITIONAL USE CRITERIA
14.3
In approving a conditional use in a CD Zone, the following
conditions shall be considered:
a)
The use must be located within the same building as
any one or more of the uses permitted in Section 14.1;
b)
A bar shall not be permitted on a lot abutting a
residential zone;
Section 14
CD Zone
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c)
Dwelling units are permitted only in a non-residential
building where 100% of the main floor is dedicated to a
non-residential use, and the dwelling units may not
occupy more than 50% of the gross floor area of a
building.
d)
All conditional uses, other than dwelling units, shall be
located only on the ground floor of a building.
ZONE PROVISIONS
14.4
The following provisions shall apply in the CD Zone:
Lot Area (min)
500 m²
Lot Frontage (min)
20 m
Lot Frontage (max)
120 m
Yard Requirements (min)
Front
6 m
Rear
6 m
Interior Side
6 m when abutting
a lot in a
Residential Zone,
2 m in all other
cases
Exterior Side
3 m
Building height (max)
Maximum of 4
storeys, not to
exceed 16 metres
14.5
On lands zoned CD (1), the following exceptions shall apply:
(a)
Notwithstanding the Permitted Uses in Section 14.1 and
Conditional Uses in 14.2, an Educational Facility will be
a permitted use on Plan 4150, Block 70, Lot 2.
Section 15
B1 Zone
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SECTION 15 - CENTRAL BUSINESS ZONE -
(B1)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
15.1
The following uses shall be permitted in the B1 Zone:
Automotive gas bar, See Section 5.1
Bank
Boarding House
Business services
Community centre
Custom workshop, ancillary to a permitted use
Day care centre, See Section 5.2
Educational facility
Emergency and protective services
Home-based business
Hotel
Medical facility
Office
Parking lot
Personal service establishment
Place of assembly
Research and development centre
Restaurant
Retail store
Shelter
Short term rental, See Section 5.7
Studio
Undertaker's establishment
Utility installations, See Section 5.14
CONDITIONAL USES
15.2
The following use are conditional uses in the B1 Zone:
Bar
Dwelling unit
Section 15
B1 Zone
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CONDITIONAL USE CRITERIA
15.3
A bar shall not be permitted on a lot abutting a residential zone.
15.4
In approving a Dwelling unit in the B1 Zone, the following shall
be considered:
a)
The dwelling unit shall be located in a non-residential
building; and,
b)
When located on the ground floor, the dwelling unit shall
not front on the street and shall not exceed 60 % of the
gross floor area of the building's ground floor.
ZONE PROVISIONS
15.5
The following provisions shall apply in the B1 Zone:
(a)
Dwelling Unit in a portion of a Non-Residential Building
In accordance with the minimum dwelling unit area
provisions of 11.7 hereof. All other provisions of 15.2
(b) below shall apply.
(b)
Non-Residential Uses
Lot Area (min)
500 m2
Lot Frontage (min)
15 m
Yard Requirements (min)
Front
3 m
Rear
6 m
Interior Side
6 m when abutting
a lot in a
Residential Zone,
2 m in all other
cases, or as
required by the Fire
Marshall
Exterior Side
3 m
Building height (max) [32]
Maximum of 8
storeys, not to
exceed 32 metres
(By-law No. 741)
Building height (max) [h16]
Maximum of 4
storeys, not to
exceed 16 metres
Building height (max) [h13]
Maximum of 3
storeys, not to
exceed 13 metres
Section 15
B1 Zone
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SPECIAL EXCEPTION ZONE
15.6
Notwithstanding the permitted uses listed in Section 15.1, on
lands zoned B1(1)[h13], a semi-detached dwelling is a
permitted use. The minimum dwelling unit area shall be 60 m2
and the maximum height shall be 13 metres.
15.7
Notwithstanding the Zone Provisions in Section 15.3 (b),
development existing on lands zoned B1(2) as of December 9,
2015, requires a 3-metre interior side yard setback when
abutting a Residential zone.
15.8
Notwithstanding the Permitted Uses in Section 15.1, on lands
zoned B1(3), a bar is only permitted if it is integrated within a
restaurant.
15.9
In approving a restaurant on lands in the B1(3) Zone, the
following conditional use criteria must be met:
a) the maximum gross floor area of the restaurant shall be
600m2;
b) a designated outdoor smoking area is required whose
design considers noise mitigation to surrounding
Residential Zones; and,
c)
outdoor seating may only be located in the front yard and
the design must consider noise mitigation to surrounding
Residential Zones.
15.10
Notwithstanding the definition of "Lot line" in Section 3.1, and in
the case of all lands zoned B1(3) being developed as one "Lot"
on lands zoned B1(3): the "Front lot line" shall be Natsiq Street;
the "Rear lot line" shall be Fred Coman Street; the "Side lot line,
exterior" shall be Aviq Street; and the "Side lot line, interior"
shall be the southerly lot lines of Lot 90 and 100, Plan 674.
15.11
Notwithstanding the Zone Provisions in Section 15.3(b), on
lands zoned B1(3), the minimum rear yard requirement shall be
3 metres and the maximum building height shall be 2 storeys,
not to exceed 11 metres.
15.12
Notwithstanding the Parking Area Location on Lot Provisions in
Section 6.22, on lands zoned B1(3), required parking is only
permitted in the front yard and side yards.
15.13
On lands zoned B1(4), the following exceptions shall apply:
a) Notwithstanding the Zone Provisions in Section 15.3(b), the
minimum rear yard requirement shall be 1.2 metres.
b) Notwithstanding the Permitted Projections into Required
Yards Provisions in Section 4.22, the minimum distance
Section 15
B1 Zone
Iqaluit Zoning By-law No.899
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from the lot line of unenclosed decks/steps shall be 0
metres.
c) Notwithstanding the Parking Area Location on Lot
Provisions in Section 6.21, two (2) parking spaces shall be
permitted to encroach in the front yard when the spaces
form part of the main parking area.
d) Notwithstanding the Dimensions of Parking Areas in Section
6.4, one (1) perpendicular parking space shall be permitted
to have a reduced aisle width of 6.3 metres.
Section 16
B2 Zone
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SECTION 16 - DISTRICT COMMERCIAL
ZONE - (B2)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
16.1
The following uses shall be permitted in the B2 Zone:
Animal hospital
Automotive gas bar, See Section 5.1
Automotive sales or rental establishment
Bank
Boarding House
Broadcasting studio
Business services
Custom workshop
Day care centre, See Section 5.2
Educational facility
Emergency and protective services
Home-based business, See Section 5.3
Hotel
Medical facility
Office
Parking lot
Personal service establishment
Place of assembly
Research and development centre
Restaurant
Retail store
Shelter
Shopping plaza
Short term rental, See Section 5.7
Taxi dispatch establishment
Undertaker's establishment
Utility Installation, See Section 5.14
CONDITIONAL USES
16.2
The following uses are conditional uses in the B2 Zone:
Bar
Dwelling unit
Section 16
B2 Zone
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CONDITIONAL USE CRITERIA
16.3
A bar shall not be permitted on a lot abutting a residential zone.
16.4
In approving a dwelling unit in the B2 Zone, the following shall
be considered:
a) The dwelling unit shall be located in a non-residential
building; and,
b) The dwelling shall be located above the first storey.
ZONE PROVISIONS
16.5
The following provisions shall apply in the B2 Zone:
a)
Dwelling Unit in a Non-Residential Building
In accordance with the minimum dwelling unit area
provisions of Section 11.7 hereof. All other provisions of
16.2 (b) below shall apply.
(b)
Non-Residential Uses
Lot Area (min)
600 m²
Lot Frontage (min)
20 m
Yard Requirements (min)
Front
3 m
Rear
6 m
Interior Side
3 m
Exterior Side
3 m
Building height (max)
Maximum of 4
storeys, not to
exceed 16 m
SPECIAL EXCEPTION ZONE
16.6
In addition to the uses permitted in the B2 Zone, on lands
zoned B2(1), a mobile home and a single-detached dwelling
will be permitted uses, subject to the provisions in Section 9.4.
16.7
In addition to the uses permitted in the B2 Zone, on lands
zoned B2(2), an automotive commercial garage will be a
permitted use.
16.8
Notwithstanding the permitted use in Section 16.1, the following
additional uses will be permitted on lands zoned B2(3):
Section 16
B2 Zone
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Single-detached dwelling
Semi-detached dwelling
Duplex dwelling
Fourplex dwelling
Row dwelling
Sixplex
Stacked row dwelling
Apartment dwelling
Dwelling unit(s) as an accessory use
Bank
Bar
Business services
Community centre
Day care centre
Home-based business
Hotel
Medical facility
Office
Personal service establishment
Place of assembly
Recreational facility
Residential care facility
Restaurant
Retail store
Shelter
Shopping Plaza
Short term rental
16.9
Notwithstanding the zone provisions in Section 16.2, on lands
zoned B2(3), the maximum building height shall be 8 storeys,
not to exceed 32 metres.
16.10 Notwithstanding the zone provisions in Section 16.2, on lands
zoned B2(3), zone provisions for residential uses (single-
detached dwelling, semi-detached dwelling, duplex, fourplex
dwelling, row dwelling, sixplex, stacked row dwelling, apartment
dwelling) shall be pursuant to the zone provisions in Section 11,
with the exception of the maximum height and density
provisions.
16.11 In addition to the uses permitted in the B2 Zone, on lands
zoned B2(4), a mobile home and a single-detached dwelling
will be permitted uses, subject to the provisions in Section 9.4.
Section 16
B2 Zone
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16.12 Notwithstanding provision 4.10, on lands zoned B2(4), a
restaurant is permitted on a partially-serviced or trucked-
serviced lot.
16.13 Notwithstanding the zone provisions in Section 16.2 (b) and
Section 4.22 on lands zoned B2(5) the following zone
provisions apply:
-
minimum lot frontage of 17.21 m
-
minimum front yard setback of 1.22 m
-
unenclosed deck/steps (including ramp) is permitted to
project up to the lot line.
Section 17
B3 Zone
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SECTION 17 - NEIGHBOURHOOD BUSINESS
ZONE - (B3)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
17.1
The following uses shall be permitted in the B3 Zone:
Day care centre, See Section 5.2
Dwelling unit(s) in a None-Residential building
Neighbourhood convenience store
Home-based business, See Section 5.3
Office
Personal service establishment
Restaurant
Short term rental, See Section 5.7
Studio
Utility Installation, See Section 5.14
ZONE PROVISIONS
17.2
The following provisions shall apply in the B3 Zone:
Lot Area (min)
450 m²
Lot Frontage (min)
15 m
Yard Requirements (min)
Front
6 m
Rear
8 m
Interior Side, fully serviced
2 m, or as required by the
Fire Marshall
Interior Side, trucked service 5 m
Exterior Side
3 m
Building Height (max)
Maximum of 2 storeys, not
to exceed10 metres
17.3
The zoning provisions for office are as follows:
Gross Floor Area (max)
500 m2
17.4
The zoning provisions for neighbourhood convenience store are
as follows:
Gross Floor Area (max)
175 m2
Section 17
B3 Zone
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SPECIAL EXCEPTION ZONE
17.5
Notwithstanding the Zone Provisions in Section 17.2, on lands
zoned B3(1), the interior side yard requirement shall be 3.9 metres,
and the rear yard requirement shall be 5.4 metres.
17.6
Notwithstanding the Zone Provisions in Section 17.2,
development existing as of October 9, 2018 on lands zoned B3(2),
require a 3-metre front yard setback.
Section 18
P Zone
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SECTION 18 - PUBLIC/INSTITUTIONAL ZONE
- (P)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
18.1
The following uses shall be permitted in the P Zone:
Dwelling unit(s) in a Non-Residential building provided that they
are located above the first storey
Boarding house
Cemetery
Community centre
Community greenhouse
Day care centre, See Section 5.2
Educational facility
Emergency and protective services
Home based business, See Section 5.3
Medical facility
Parking lot
Place of assembly
Place of worship
Park
Recreation facility
Residential care facility
Resource centre
Shelter
Short term rental, See Section 5.7
Utility Installation, See Section 5.14
ZONE PROVISIONS
18.2
The following provisions shall apply in the P Zone:
Lot Area (min)
600 m²
Lot Frontage (min)
20 m
Yard Requirements (min)
Front
6 m
Rear
6 m
Interior Side, fully serviced
2 m
Interior Side, trucked services
5 m
Exterior Side
2 m
Section 18
P Zone
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Building Height (max)
Maximum of 3
storeys, not to
exceed 13 m
SPECIAL EXCEPTION ZONES
18.3
In addition to the uses permitted in the P Zone, on lands zoned
P(1), a boarding house will be a permitted use.
Notwithstanding the Zone Provisions in Section 18.2, on lands
zoned P(1), the front yard requirement shall be 5 metres, the
rear yard requirement shall be 3 metres, and the maximum
building height shall be a maximum of 3 storeys, not to exceed
15 metres.
18.4
Notwithstanding the Zone Provisions in Section 18.2, on lands
zoned P(2), the required frontage shall be 4.8 metres, and the
rear yard requirement shall be 3 metres.
18.5
In addition to the uses permitted in the P Zone, on lands zoned
P(3), a correctional facility will be permitted.
Section 19
M1 Zone
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SECTION 19 - LIGHT INDUSTRIAL ZONE -
(M1)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
19.1
Only those industrial uses that comply with all applicable
government standards and are unlikely to be obnoxious or
dangerous by reason of fire, explosion, vibrations, noise, dust,
smoke, or odour are permitted in the M1 Zone.
19.2
Subject to the above-noted qualification, the following uses are
permitted in the M1 Zone:
Accessory dwelling unit up to 80 m² in area, as may be required
for a facility manager
Accessory retail store
Automotive gas bar, See Section 5.1
Automotive sales or rental establishment
Automotive service garage
Broadcasting studio
Building contractors shop
Building supply centre
Custom workshop
Food and beverage processing
Heavy equipment and vehicle yard
Kennel
Manufacturing plant (light)
Open storage
Service and repair shop
Taxi dispatch establishment
Utility installation, See Section 5.14
Warehouse
Waste processing and transfer facility (non-putrescible)
CONDITIONAL USES
19.3
An accessory retail store and restaurant are conditional uses
permitted in the M(1) Zone provided that:
a) the use is accessory to one of the permitted uses listed in
Section 19.2; and,
Section 19
M1 Zone
Iqaluit Zoning By-law No.899
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b) the total gross floor area does not exceed 25% of the gross
floor area of the primary permitted use.
ZONE PROVISIONS
19.4
The following provisions shall apply in the M1 Zone:
Lot Area (min)
1900 m²
Lot Frontage (min)
30 m
Yard Requirements (min)
Front
6 m
Rear
6 m
Interior Side
3 m, or as required by Fire
Marshal
Exterior Side
6 m
Building Height (max)
Maximum of 4 storeys, not
to exceed 16 m
19.5
Where an interior side or rear yard abuts a Residential,
Commercial or Open Area Zone, the minimum yard requirement
shall be a minimum of 10 m.
SPECIAL EXCEPTION ZONE
19.6
In addition to the uses permitted in the M1 Zone, on lands
zoned M1(1), uses permitted in the B1 Zone shall also be
permitted.
19.7
Notwithstanding provision 4.10, on lands zoned M1(2) a
boarding house is permitted on a partially serviced.
19.8
In addition to the uses permitted in the M1 Zone, on lands
zoned M1(2), uses permitted in the B1 Zone shall also be
permitted.
Section 20
M2 Zone
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SECTION 20 - HEAVY INDUSTRIAL ZONE -
(M2)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
20.1
Only those industrial uses that comply with all applicable
government standards are permitted in the M2 Zone.
20.2
Subject to the above-noted qualification, the following uses are
permitted in the M2 Zone:
Commercial land farm
Fuel storage facility
Hazardous material storage
Heavy equipment and vehicle yard
Manufacturing plant (heavy)
Open storage
Utility installation, See Section 5.14
Water treatment facility
Waste processing and transfer facility
ZONE PROVISIONS
20.3
The following provisions shall apply in the M2 Zone:
Lot Area (min)
1900 m²
Lot Frontage (min)
30 m
Yard Requirements (min)
Front
6 m
Rear
6 m
Interior Side
3 m, or as required by Fire
Marshal
Exterior Side
6 m
Building Height (max)
Maximum of 4 storeys, not
to exceed 16 metres
20.4
Where an interior side or rear yard abuts a Residential,
Commercial or Open Area Zone, the minimum yard requirement
shall be a minimum of 12 m.
20.5
An accessory retail store is permitted within the M2 Zone
provided that:
Section 20
M2 Zone
Iqaluit Zoning By-law No.899
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a)
the use is accessory to any one of the permitted uses listed
in section 20.2; and
b)
the total gross floor area occupied by the retail use does
not exceed 25% of the gross floor area of the primary
permitted use.
SPECIAL EXCEPTION ZONES
20.6
Notwithstanding the permitted uses in Section 20.2, on lands
zoned M2(1), only the processing and stockpiling of
aggregate resources and a commercial land farm will be
permitted.
20.7
In addition to the uses permitted in Section 20.2 and
notwithstanding Section 4.10, on lands zoned M2(2), the
following uses will be permitted on a truck-serviced lot:
Food and beverage processing;
An accessory dwelling unit up to 72 m2 in gross floor
area, as may be required for a facility manager or
employee; and,
An accessory tasting room up to 70 m2 in gross floor
area.
20.8
Notwithstanding the Permitted Uses in Section 20.2, on lands
zoned M2(3), an "Emergency and Protective Services" use, as
defined by the By-law, shall also be permitted.
Section 21
ME Zone
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SECTION 21 - MINERAL RESOURCE and
EXTRACTION ZONE (ME)
PERMITTED USES
21.1
Permitted uses in the ME Zone shall be limited to:
Granular processing/stockpiling
Pit
Quarry
Asphalt plant
ZONE PROVISIONS
21.2
No building shall be located closer than 10 m to any lot line.
Section 22
OR Zone
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SECTION 22 - OPEN AREA ZONE - (OR)
PERMITTED USES
22.1
The following uses shall be permitted in the OR Zone:
Cultural interpretation centre
Dog area
Park
Beach shack
Camping structures, temporary
Utility installation, See Section 5.14
22.2
Notwithstanding the above, a beach shack and a dog area are
not permitted uses in Sylvia Grinnell Territorial Park.
ZONE PROVISIONS
22.3
No building shall be located closer than 10m to any lot line.
22.4
Notwithstanding the foregoing provisions, the following shall
apply to beach shacks:
Building height (max)
3 m
Gross floor area (max)
15 m2
Yard requirements (min)
All yards
3 m
22.5
Notwithstanding the foregoing provisions, a dog area shall not
be permitted within 500 metres of any residence.
SPECIAL EXCEPTION ZONES
22.6
Notwithstanding the Zone Provisions in Section 22.1, on lands
zoned OR(1) only a firing range will be a permitted use,
subject to the following provisions:
a)
The firing range is not located within 500 metres of any
residential or commercial use zone;
b)
The firing range complies with any applicable
environmental standards; and,
c)
The firing range must have conspicuous signs and/or
fencing on all sides and along any adjacent roads and
trails to prevent unwanted access.
Section 22
OR Zone
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22.7
Notwithstanding the Zone Provisions in Section 22.1, only the
following conditional uses will be permitted on lands zoned
OR(2): single-detached dwelling; bar; business services;
custom workshop; day care centre; educational facility;
hotel; medical facility; office; place of assembly; retail
store; research and development centre; and restaurant. In
approving these conditional uses, the following criteria shall be
applied:
a) No new buildings or structures are permitted;
b) No additions to existing buildings/structures are permitted;
c) Notwithstanding the provisions in Section 2.4, a
Development Permit is required for any alterations to the
land or existing buildings/structures, including minor repairs
(painting, decorating, landscaping, fences, berms, etc.);
and,
d) Approval of a Development Permit for alterations to the land
or existing buildings/structures requires that the heritage
character of the property is respected and preserved.
22.8
Notwithstanding the Parking Requirements in Section 6.1, on
lands zoned OR(2), no parking shall be required for any use,
building or structure.
Section 23
WD Zone
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SECTION 23- WASTE DISPOSAL SITE ZONE
- (WD)
PERMITTED USES
23.1
Permitted uses within WD zones are limited to:
Leachate retention pond
Sewage disposal site
Utility installation, See Section 5.14
Utility installation
Waste disposal site
Waste processing and transfer facility
ZONE PROVISIONS
N/A
Section 24
MR Zone
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SECTION 24 - MUNICIPAL RESERVE ZONE
(MR)
PERMITTED USES
24.1
Permitted uses within the MR Zone are limited to:
Beach shacks
Camping structures, temporary
Cultural interpretation centre
Park
ZONE PROVISIONS
N/A
SPECIAL EXCEPTION ZONE
24.2
Notwithstanding the provisions of Section 24.1 no development
shall be permitted on lands zoned MR(1). Lands zoned MR(1)
represent Former Waste Disposal sites identified in the General
Plan. An amendment to the General Plan to remove the
Former Waste Disposal Site symbol is required prior to
rezoning MR(1) lands to permit development.
24.3
Notwithstanding the provisions of Section 24.1, no development
shall be permitted on lands zoned MR(2). Land zoned MR(2)
represents the Watershed Protection Area identified in the
General Plan.
Section 25
T Zone
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SECTION 25 - TRANSPORTATION ZONE (T)
The following uses are permitted or conditionally permitted subject to
Section 4.10:
PERMITTED USES
25.1
The following uses shall be permitted in the T Zone:
Airport
Automotive gas bar
Commercial uses related to aircraft services and travel
Docking, loading and off-loading of ships
Fuel storage facility
Hotel
Utility installation, See Section 5.14
ZONE PROVISIONS
25.2
The following provisions shall apply in the T Zone:
Yard Requirements (min)
Front
6 m
Rear
6 m
Interior Side
3 m
Exterior Side
6 m
Building Height (max)
Maximum of 4 storeys, not
to exceed 15 m
SPECIAL EXCEPTION ZONE
25.3
In addition to the uses permitted in the T Zone, on lands zoned
T(1), a maximum of two accessory dwelling units is permitted,
subject to the provisions in Sections 25.2, and subject to the
units being occupied only during sealift operations and only by
staff involved in sealift operations.
25.4
In addition to the uses permitted in the T Zone, on lands zoned
T(2), a bar, restaurant, and a retail store shall also be
permitted uses.
25.5
Despite the Permitted Uses and Zone Provisions in Sections
25.1 and 25.2 respectively, on lands zoned T(3), permitted uses
shall be limited to "small craft harbour and associated parking
and loading/off-loading areas" and any proposed building must
conform with the Accessory Buildings provisions in Section 4.1
Section 25
T Zone
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of the By-law. In addition, sea containers are prohibited on
lands zoned T(3).
Zoning Schedules
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ZONING SCHEDULE "A
Zoning Schedules
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ZONING SCHEDULE "B"
Zoning Schedules
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ZONING SCHEDULE "B1"
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ZONING SCHEDULE "B2"
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ZONING SCHEDULE "B3"
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ZONING SCHEDULE "B4"
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ZONING SCHEDULE "C"
VOLUNTARY PAYMENT SCHEDULE
"PENALTIES"
SCHEDULE "C" VOLUNTARY PAYMENT SCHEDULE
"PENALTIES"
Schedule "C" shall apply to any contravention of the Zoning By-Law No. 899.
FOR INDIVIDUALS:
A reference to a second offence or subsequent offence shall apply if the same individual has
one or more convictions or has made one or more voluntary payments for the same offence
under the bylaw within the preceding 12 -month period.
First Offence - $500.00 Second Offence - $1,000.00
Each subsequent Offence - $2,500.00
FOR CORPORATIONS:
A reference to a second offence or subsequent offence shall apply if the same corporation has
one or more convictions or has made one or more voluntary payments for the same offence
under the bylaw within the preceding 12 -month period.
First Offence - $2,500.00 Second Offence - $5,000.00
Each subsequent Offence - $10,000.00