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WHALE COVE
ZONING BY-LAW
BY-LAW NO. 231
2019
Whale Cove Zoning By-law No. 231
Table of Contents
Schedule 2
i
SCHEDULE 2: ZONING REGULATIONS
Table of Contents
SCHEDULE 2: ZONING REGULATIONS ................................................................................... I
TABLE OF CONTENTS ............................................................................................................. I
SECTION 1 - INTRODUCTION & INTERPRETATION ............................................................. 1
PURPOSE ................................................................................................................................................. 1
DEFINED AREA ........................................................................................................................................ 1
SCOPE ...................................................................................................................................................... 1
VALIDITY ................................................................................................................................................... 1
ESTABLISHMENT OF ZONES.................................................................................................................. 1
INTERPRETATION OF ZONING BOUNDARIES ...................................................................................... 1
SECTION 2 - DEFINITIONS ...................................................................................................... 2
INTERPRETATION ................................................................................................................................... 2
DEFINITIONS ............................................................................................................................................ 2
SECTION 3 - ADMINISTRATION ............................................................................................10
POWERS OF COUNCIL .......................................................................................................................... 10
DEVELOPMENT OFFICER ..................................................................................................................... 10
DEVELOPMENT PERMIT ....................................................................................................................... 11
DEVELOPMENT PERMIT SUBMISSION REQUIREMENTS ................................................................. 11
NOTICE OF DECISION ........................................................................................................................... 12
EXPIRY OF DEVELOPMENT PERMIT ................................................................................................... 13
ENFORCEMENT ..................................................................................................................................... 13
DEVELOPMENT APPEAL BOARD ......................................................................................................... 13
ZONING BY-LAW AMENDMENTS ......................................................................................................... 14
SECTION 4 - COMPLIANCE WITH OTHER REGULATIONS ..................................................15
BUILDING PERMIT ................................................................................................................................. 15
NUNAVUT WATER BOARD, CIRNAC, AND DFO .................................................................................. 15
LEGAL LAND TENURE ........................................................................................................................... 15
NUNAVUT PLANNING COMMISSION (NPC) AND NUNAVUT IMPACT REVIEW BOARD (NIRB) ....... 16
AIRPORT ZONING REGULATIONS ....................................................................................................... 16
SCIENTIFIC INSTALLATIONS ................................................................................................................ 16
ARCHAEOLOGICAL SITES .................................................................................................................... 16
GRANULAR RESOURCES ..................................................................................................................... 16
GENERAL SANITATION REGULATIONS .............................................................................................. 17
SECTION 5 - GENERAL PROVISIONS....................................................................................18
ACCESSORY BUILDING ........................................................................................................................ 18
TEMPORARY CONSTRUCTION USES PERMITTED ........................................................................... 18
RESTORATION TO A SAFE CONDITION .............................................................................................. 18
BUILDING TO BE MOVED ...................................................................................................................... 18
FRONTAGE ON A STREET .................................................................................................................... 18
FRONTAGE ON CURVES ....................................................................................................................... 19
HEIGHT ................................................................................................................................................... 19
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FENCES .................................................................................................................................................. 19
MULTIPLE USES ON A LOT ................................................................................................................... 20
DISTANCE FROM WATERCOURSES ................................................................................................... 20
PARKING REQUIRMENTS ..................................................................................................................... 20
LOADING SPACE REQUIREMENTS ..................................................................................................... 20
PERMITTED PROJECTIONS INTO YARDS ........................................................................................... 20
SATELLITE DISHES ............................................................................................................................... 21
DAY CARE FACILITIES .......................................................................................................................... 21
HOME OCCUPATION ............................................................................................................................. 21
BED AND BREAKFAST ........................................................................................................................... 21
YARD REGULATIONS ............................................................................................................................ 22
MINOR VARIANCE ................................................................................................................................. 22
NON-CONFORMING BUILDING OR USE .............................................................................................. 22
WATERSHED OVERLAY ........................................................................................................................ 23
UTILITIES ................................................................................................................................................ 23
SECTION 6 - ZONE REGULATIONS .......................................................................................25
RESIDENTIAL (R) ................................................................................................................................... 26
COMMERICAL / COMMUNITY USE (C) ................................................................................................. 28
OPEN SPACE (OS) ................................................................................................................................. 30
INDUSTRIAL (M) ..................................................................................................................................... 31
WASTE DISPOSAL (WD) ........................................................................................................................ 32
NUNA (N) ................................................................................................................................................. 33
TRANSPORTATION (T) .......................................................................................................................... 34
MUNICIPAL RESERVE (MR) .................................................................................................................. 35
SECTION 7 - FORMS ...............................................................................................................36
FORM A - APPLICATION FOR DEVELOPMENT PERMIT ................................................................................. 37
FORM B - APPLICATION FOR HOME OCCUPATION ...................................................................................... 40
FORM C -DEVELOPMENT PERMIT & NOTICE OF APPROVAL ........................................................................ 42
FORM D - NOTICE OF DEVELOPMENT PERMIT REFUSAL ............................................................................. 44
FORM E - NOTICE OF APPEAL HEARING .................................................................................................... 46
FORM F - NOTICE OF APPEAL DECISION ................................................................................................... 48
FORM G - STOP WORK NOTICE ................................................................................................................ 50
FORM J - REQUEST FOR VARIANCE .......................................................................................................... 56
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SECTION 1 - INTRODUCTION & INTERPRETATION
PURPOSE
1.1
This By-law
(a) Divides the Municipality into zones of permitted land use classes, and
(b) Specifies the purposes for which buildings and land may be used.
(c)
Regulates or prohibits the use of land or buildings referred to in clause (b)
for any other purpose.
DEFINED AREA
1.2
This By-law applies to all lands within the Municipal Boundaries of the Hamlet of
Whale Cove.
SCOPE
1.3
No land shall be used and no development shall take place within the Hamlet of
Whale Cove except in conformity with the provisions of this By-law.
VALIDITY
1.4
Should any section, clause or provision of this By-law be held by a court of
competent jurisdiction to be invalid, the validity of the remainder of the By-law
shall not be affected.
ESTABLISHMENT OF ZONES
1.5
For the purpose of this By-law, the Hamlet of Whale Cove is divided into zones.
The extent and boundaries of all zones are delineated on Schedule 3.
INTERPRETATION OF ZONING BOUNDARIES
1.6
If there is any uncertainty as to the location of the boundary of a zone, the
Development Officer or the regional Community Planner shall interpret the
Community Land Use and Zoning Map to determine the boundary line based on
the centerline of a public road, a surveyed lot line, or an unsurveyed lease sketch.
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SECTION 2 - DEFINITIONS
INTERPRETATION
2.1
Typical uses listed in the definitions as examples are not intended to be exclusive
or restrictive. Reference should be made to the Community Plan and the intent or
the definition of the use in determining whether or not a use is included within a
particular definition.
DEFINITIONS
2.2
In this By-law:
"ABUT" means a lot line that has any point in common with another lot line.
"ACCESSORY BUILDING" means a building that is separated from the principal
building or structure on the lot and is secondary to, and normally associated with the
main use and located on the same lot and includes garages, workshops, sheds, and
shipping containers. Accessory uses cannot be used for human habitation, unless
permitted under Section 5.1.
"ACCESSORY USE" means the use of a building or a lot which is normally subordinate
and incidental to the main use of the building and located on the same lot with such
main use or lot.
"ACT" means the Planning Act. RSNWT, 1988 c.P-7 as amended.
"AIRPORT" means an area of land, water (including the frozen surface thereof) used
for or intended to be used for the arrival and departure, movement or servicing of
aircraft. It includes any building, installation or equipment in connection therewith, and
for which an airport license has been issued.
"ARCHAEOLOGICAL ARTIFACT" means any tangible evidence of human activity
that is more than 50 years old and in respect of which an unbroken chain of possession
or regular pattern of usage cannot be demonstrated, and includes a Denesuline
archaeological specimen referred to in section 40.4.9 of the Nunavut Land Claims
Agreement.
"ARCHAEOLOGICAL SITE" means a site where an archaeological artifact is found.
"AUTOMOTIVE GAS BAR" means an establishment, other than an auto repair outlet,
where motor vehicle fuel and other liquids necessary for the operation of a vehicle are
sold to the public, and may include the sale of convenience items.
"AUTOMOTIVE REPAIR, SALES OR RENTAL SHOP" means the use of a site or
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building where automotive vehicles may be repaired, serviced, stored for rental, sale or
display.
"BEACH SHACK" means a building that is in or within close proximity to beach areas
and is used for harvesting purposes or other purposes related to the owner's
participation in the land-based economy.
"BED & BREAKFAST" means a single detached dwelling in which there is a resident
owner or resident manager who provides overnight accommodation and meals for the
travelling public.
"BUILDING" means any structure, erection, stockpile, sign or fixture built or placed on
land.
"BUILDING SUPPLY AND CONTRACTORS SHOP" means an establishment
engaged in the selling of building supplies, such as lumber, millwork, siding, roofing,
plumbing, electrical, heating, air conditioning or home improvements and/or for persons
employed in building trades, such as painting, plumbing, electrical work, masonry, metal
working and carpentry or truck, bulldozer, loader and backhoe operating.
"CARETAKER UNIT" means a dwelling used for the accommodation of a person
employed as a caretaker, janitor, manager, watchman, security guard or superintendent
by an industrial or commercial use operating on the site.
"CEMETERY" means land primarily used for interment of human remains.
"COMMERCIAL RECREATION" means any building, structure or premises with
athletic or entertainment facilities for commercial purposes.
"COMMERCIAL VEHICLE" means any vehicle, which is licensed as a commercial
carrier, as determined by the Registrar of Motor Vehicles.
"COMMUNICATIONS FACILITY" means an installation which transmits, receives
and/or relays communications, such as a microwave or satellite relay tower, cellular
telephone tower, aircraft communications tower, radio or television broadcast tower or
similar facility. A communications facility includes the antennae or transmit/receive
equipment, a support structure or tower, and a small building to shelter equipment.
"COMMUNITY HALL OR CENTRE" means any building, structure or premises where
facilities are provided for athletic, civic, educational, political, religious or social events
and are controlled by the Municipality or the Government of Nunavut, or an agent
thereof. This definition includes an arena, gymnasium, swimming pool, theatre, library,
or similar uses.
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"CONVENIENCE STORE" means a development used for the retail sale of goods
required by area residents or employees on a day-to-day basis. A Convenience Store
may include small food stores, drug stores or variety stores selling confectionery,
tobacco, groceries, beverages, pharmaceutical and personal care items, hardware, or
printed material.
"COUNCIL" means the Council of the Hamlet of Whale Cove.
"CRAFT STUDIO" means the workplace of an artist or craftsman, including a carver,
painter, or photographer, where small personal goods such as jewelry, fine art, portraits
or carvings are produced in small quantity or to special order, for sale at retail from the
premises.
"DAY CARE CENTRE" means an establishment for the care and supervision of
children during the day.
"DEVELOPMENT" means the carrying out of any construction, excavation, or any
operation in, on, over, or under land, or the making of any changes in the use or in the
intensity of use of any land or building.
"DEVELOPMENT OFFICER" means an official of the municipality, appointed by
Council to assist Council to administer this By-law.
"DEVELOPMENT PERMIT" means a certificate of document permitting a development.
It includes plan(s) or drawing(s) specifications and may contain relevant documents.
"DWELLING" means a building or part of a building, occupied or capable of being
occupied as a home or residence by one or more persons, but shall not include a hotel,
a motel, apartment hotel, or hostel.
"DWELLING UNIT" means a separate set of living quarters designed or used as a
housekeeping unit for one or more people and usually containing cooking, sleeping, and
sanitary facilities.
"DWELLING, SINGLE-UNIT" means a separate detached building consisting
of one dwelling.
"DWELLING, SEMI-DETACHED" or "DUPLEX" means a building that
is
divided either vertically or horizontally into two dwelling units.
"DWELLING, ROWHOUSE" means a building that is divided vertically
into three or more dwelling units, each of which may be located on a
separate lot and each of which has independent entrances to a front
and rear yard immediately abutting the front and rear walls of the unit.
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"DWELLING, MULTI-UNIT" means a building other than a
Rowhouse Dwelling that contains three or more dwelling units
divided either vertically or horizontally and which may have
independent or combined entranceways.
"DWELLING, MINI HOME" means any dwelling, which is pre-manufactured and
designed to be transported to the lot as one integral unit and, for the purposes of this
By-law, shall include a mobile home.
"EDUCATIONAL FACILITY" means a place of instruction, including classrooms,
seminar rooms and similar installations, and may include residences.
"ELDERS FACILITY" means a building or part of a building, which is used or intended
to be used to provide housing and care for three or more elderly persons who are
provided living and sleeping facilities, meal preparation, personal care, supervision, or
assistance essential for sustaining the activities of daily living.
"ERECT" means to build, construct, reconstruct, alter, locate, or relocate and, without
limiting the generality of the foregoing, shall be taken to include any preliminary physical
operation, such as excavating, grading, piling, cribbing, filling and structurally altering
any existing building or structure by an addition, deletion, enlargement or extension.
"EXISTING," means in existence on the effective date of this By-law.
"GENERAL PLAN" means the General Plan of the Hamlet of Whale Cove known as
the Whale Cove Community Plan.
"GRADE" means with reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior of such building and, when used with
reference to a structure, shall mean the average elevation of the finished grade of the
ground immediately surrounding such structures.
"GROSS FLOOR AREA" means the sum of the area of each floor of a building as
measured from the outermost perimeter of the building, and excludes mechanical
space.
"GROUP HOME" means a residence where persons live under supervision and who,
by reason of their emotional, mental, social or physical condition or legal status, require
a group living arrangement for their well-being. The home is licensed and/or approved
under Territorial Statutes and in compliance with Municipal By-laws.
"HAZARDOUS GOODS" means any of the following:
-
explosives and pyrotechnics
-
gases (either compressed, deeply refrigerated, liquefied, or dissolved
under pressure)
-
flammable and combustible liquids
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-
flammable solids
-
oxidizing substances and organic peroxides
-
poisonous and infectious substances
-
corrosives and
-
other miscellaneous substances of similar nature.
"HEALTH CARE FACILITY" means an establishment used by qualified medical
practitioners and staff for the provision of medical and health care on an outpatient
basis. This term refers to such uses as medical or dental offices, occupational health
and safety offices, physiotherapy services, counselling services, chiropractic services
and ancillary clinic counselling services, but does not include veterinary services.
"HOME OCCUPATION" means any occupation, trade, profession, personal service,
day care or craft carried on by an occupant of a residential building as a secondary use
to the residential use of the building.
"HOTEL" means a commercial building or buildings providing temporary
accommodations for travellers or transients on a year-round basis, and may have a
public dining room.
"LOADING SPACE" means an area of land providing and maintained upon the same
lot or lots upon which the main use is located and which has adequate access to permit
ingress and egress by means of driveways, aisles or maneuvering areas and which is
used for the temporary parking of a commercial motor vehicle while merchandise of
materials are being loaded or unloaded from the vehicles.
"LOT" or "PARCEL" means an area of land, which is described on a registered plan,
or described on a certificate of title, or described by a lease agreement.
"LOT, CORNER" means a lot situated at the intersection of, and abutting on, two or
more streets.
"LOT, INTERIOR" means a lot other than a corner or through lot.
"LOT, THROUGH" means a lot bounded on two opposite sides by streets that are
parallel or approximately parallel.
"LOT AREA" means the total horizontal area within the lot lines of a lot.
"LOT LINE" means a common line between a lot and an abutting lot, lane, street, parcel
of land or body of water.
"LOT LINE, FRONT" means the line dividing the lot from the street or other means of
access, and
i) in the case of a corner or through lot - the shorter lot line abutting the street
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shall be the front lot line, and where such lot lines are of equal length, the lot
line where the principal access to the lot is provided shall be the front lot line.
ii) in the case of a lot, which has one of its boundaries the shoreline of a lake or
the bank of a river - the lot facing the access road shall be deemed to be the
front lot line.
"LOT LINE, SIDE" means a lot line other than a front or rear lot line.
"LOT LINE, INTERIOR SIDE" means a side lot line that does not abut a street.
"LOT LINE, EXTERIOR SIDE" means a side lot line that abuts a street.
"LOT LINE, REAR" means the lot line farthest from or opposite to the front lot line.
"MAIN BUILDING" means the building in which is carried on the principal purpose or
purposes for which the lot is used.
"MAIN WALL" means the exterior front, side or rear wall of a building.
"MUNICIPALITY" means the Hamlet of Whale Cove.
"NON-CONFORMING" means a use, building, or structure that was lawfully
constructed, or under construction, on the effective date of this By-law, and which now
does not conform to the uses and/or provisions of this By-law.
"OFFICE" means a room or rooms where business may be transacted, a service
performed or consultation given but shall not include the manufacturing of any product
or the retail selling of goods.
"OUTDOOR STORAGE" means the storage of merchandise, goods, inventory,
materials or equipment or other items, which are not intended for immediate sale, by
locating them on a lot exterior to a building.
"PARKING LOT" means any parking area other than a parking area that is accessory
to a permitted use and located on the same lot. A parking lot does not include the
storage of motor vehicles.
"PARKING SPACE" means an area for the temporary parking or storage of a motor
vehicle.
"PERSON" includes an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent, and the heirs, executors or other
legal representatives of a person to whom the context can apply according to law.
"PERSONAL SERVICE" means a business that provides personal grooming or health
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services, such as hair salon, tailor shop, dry cleaning, laundry, or similar use.
"QUARRY" means the excavation, processing, and stockpiling of gravel, stone, sand,
earth, clay fill, or other similar substances.
"RESTAURANT" means a building or part of a building where foods and beverages are
offered for sale to the public, for consumption within the premises or off the site. This
includes licensed restaurants, cafés, lunchrooms, and take-out restaurants.
"RETAIL STORE" means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered for sale directly to the public at
retail value and shall include minor food processing and packaging in connection with
the sale of food products.
"SECONDARY SUITE" means a self-contained dwelling unit with a dedicated cooking
area, bedroom(s), and washroom, created by either interior renovation within the
existing home, or as an exterior addition to the house, provided that all one entire face
of the addition is attached to the principal dwelling and is architecturally consistent with
the principal dwelling, and shall not be considered a second dwelling on the lot for the
purposes of this By-law.
"SERVICE SHOP" means a building or part of a building used for the sale and repair of
household articles and shall include all replacement shops, radio, television and
appliance repair shops but shall not include industrial uses or manufacturing or vehicle
repair shops.
"SETBACK" means the distance from a lot line or road to the nearest part of the main
building on a lot.
"SIGN" means any object or device intended for the purpose of advertising or calling
attention to any person, matter, thing, or event and includes posters, notices, panels,
boarding and banners.
"STREET OR ROAD" means the whole and entire right-of-way of every road
allowance, not just the gravel portion.
"STREET LINE" means the boundary line of a street.
"STRUCTURE" means anything that is erected or constructed, either temporary or
permanent, the use of which requires location on the ground or attachment to
something on or in the ground.
"TEMPORARY" means such time limit as may be set by the Council for a specific use.
In a case where no time limit is set, "temporary" shall mean no more than sixty (60)
consecutive days, unless otherwise indicated.
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"UTILITY" means any component of electrical power, cable television, or
telecommunication systems.
"WAREHOUSE" means a building used primarily for the storage of goods and
materials. It also includes a centre for distribution of wholesale goods and commodities
to retailers, professional users or other wholesalers.
"WASTE DISPOSAL SITE" means a place where ashes, garbage, refuse, domestic
waste, industrial waste, municipal refuse, and sewage is disposed of or dumped.
"WATERCOURSES" means any lake, river, stream, ocean, or other body of water.
"YARD" means part of a lot upon which does not have a main building on it.
"YARD, FRONT" means the area between the front lot line and the nearest wall of any
main building or structure on the lot.
"YARD, REAR" means the area between the rear lot line and the nearest wall of any
main building or structure on the lot.
"YARD, INTERIOR SIDE" means the area between an interior side lot line and the
nearest wall of any main building on the lot.
"YARD, EXTERIOR SIDE" means the area between an exterior side lot line and the
nearest wall of any main building on the lot.
"ZONE" means a land use category as defined and regulated in this By-law and as
shown on its Schedule.
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SECTION 3 - ADMINISTRATION
POWERS OF COUNCIL
3.1
All development must be approved by Council, unless otherwise stated in this
By-law.
3.2
No building may be erected in the Municipality in respect of which, in the opinion
of the Council, satisfactory arrangements have not been made for the supply of
electric power, streets or other services or facilities.
DEVELOPMENT OFFICER
3.3
The Hamlet Council shall appoint a Development Officer as an authorized Officer
of Council.
3.4
The Council will authorize the Development Officer to perform the following
duties:
(a)
Exercise, on behalf of Council, the powers of Council under section 20
(Unauthorized Construction) of the Planning Act;
(b)
Keep and maintain for inspection by the public during normal office hours
the following official records:
(i)
A copy of this By-law and all the amendments thereto;
(ii)
A register of all applications for development, home occupations, and
amendments and all decisions made regarding all applications.
(c)
Carry out other duties as may be prescribed in this By-law;
(d)
Receive and review applications for Development Permits, amendments
and variances to this By-law;
(e)
Prepare a report to Council regarding applications for Development
Permits, amendments and variances to this By-law;
(f)
Approve, approve with conditions, or refuse Development Permit
applications, subject to the authority provided by Council, for sheds and
shacks, or other similar types of accessory buildings;
(g)
Issue Notice of Decisions subject to the provisions of this By-law;
(h)
Request Council to revoke or suspend a Development Permit where the
permit holder is in breach of this By-law or of conditions of a Development
Permit;
(i)
Carry out any inspection on lands or premises necessary to enforce this
By-law.
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DEVELOPMENT PERMIT
3.5
No person or agency shall undertake development without a Development
Permit.
3.6
No Development Permit shall be issued for development that is in contravention
of this By-law.
3.7
The approval of a Development Permit shall not relieve the permit holder from
constructing in accordance with the National Building Code, the National Fire
Code, the Canadian Electrical Code, and all Federal and Territorial Regulations.
3.8
The approval of a Development Permit shall not exempt any person or agency
from complying with the requirements of any other by-law in force within the
Municipality of Whale Cove or to obtain any license, permission, or permit
required by municipal, territorial and federal legislation.
3.9
All development requires a Development Permit except for the following:
(a)
For grading or landscaping where the cutting or filling is less than
one metre and provided that the drainage of the surrounding area is not
affected;
(b)
Traditional and cultural activities, including the establishment of a trap line,
non-commercial tent camps and cabins in the Nuna;
(c)
Minor repairs, painting, decorating, or landscaping, provided that no
person's health or safety is endangered or completion of a development
approved for or under construction on the effective date of this By-law;
(d)
Minor repairs or renovations that do not increase the floor space of the
building, but does not exempt anyone from procuring a Building Permit;
(e)
A temporary building or structure associated with construction, unless
such building or structure is used for human habitation;
(f)
The installation, maintenance and repair of public works, services and
utilities carried out by the Hamlet on land which is publicly owned or
controlled;
(g)
Temporary election campaign signs and signs not exceeding one square
metre in size;
(h)
Decks or open porches in the Residential Zone that meet all provisions of
this By-law.
DEVELOPMENT PERMIT SUBMISSION REQUIREMENTS
3.10 A complete application form for a Development Permit must be submitted to the
Development Officer.
3.11 Every application shall be accompanied by:
(a)
The required application fee calculated as follows:
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(i)
Residential projects: $10 application fee plus $20 for the first
$10,000 of project value, PLUS $10 for every $10,000 of project
value thereafter to a maximum permit fee of $250.
(ii)
Non-residential projects: $10 application fee plus $20 for the first
$10,000 of project value, PLUS $10 for every $10,000 of value
thereafter to a maximum permit fee of $500.
(iii) All accessory uses: $25.
(iv) Notwithstanding the application fees as set out above, any
development(s) proposed by the Municipality, or developments that
will be owned by the Municipality, are exempt from Development
Permit application fees.
(b)
A site plan drawn to scale in metric units and showing:
(i)
The location of existing buildings;
(ii)
All legal dimensions of the lot(s);
(iii) The location and dimensions of surrounding lots and buildings;
(iv) Plans of the proposed buildings showing dimensions;
(v)
Proposed front, rear, and side yard setbacks;
(vi) Access points to property;
(vii) The location of outdoor fuel storage facilities;
(viii) The location of water and sewer connections;
(ix) The location of existing watercourses; and,
(x)
The location of water and sewage storage tanks.
(c)
The Development Officer may require additional information.
(d)
For Development that is subject to terms and conditions, a letter must be
submitted by the applicant to demonstrate to the Development Officer that
the adjacent landowners have been notified in person or in writing.
(e)
A letter of Consent from the appropriate Landlord is also required.
NOTICE OF DECISION
3.12 Each application shall be considered by Council or the Development Officer as
required, and shall be either approved with or without conditions, or refused, with
written reasons provided for the refusal.
3.13 A decision on an application for a Development Permit shall be made by the
Development Officer or Council within 40 days of receipt of the application in its
complete and final form. If a decision is not made within 40 days, the application
for development permit shall be deemed to be refused.
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3.14 When an application is approved, the Development Officer will, within three days
of the date of decision, post a Notice of Decision conspicuously on the lot for
which the application has been approved and in the Hamlet Office.
3.15 When a Variance has been granted, the Development Officer will, within three
days of the date of decision, send a Notice of Decision to adjacent property
owners.
3.16 The Development Permit does not become effective until 14 days after the Notice
has been posted or mailed, and where no appeal of the decision has been filed,
and where the relevant conditions of development approval have been met.
EXPIRY OF DEVELOPMENT PERMIT
3.17 A Development Permit shall become void if:
(a)
The development is not completed within two years of the date of Notice
of Decision; or
(b)
The development has not commenced after six months of the date of
Notice of Decision; or.
(c)
If there has been any violation of this By-law or of any conditions in the
permit.
ENFORCEMENT
3.18 Anyone violating any provision of this By-law or conditions of a Development
Permit is liable to a fine of $500 plus $100 for every day the offence continues,
as specified in Section 34 of the Planning Act and Sections 105,106,107 and 108
of the Hamlets Act.
DEVELOPMENT APPEAL BOARD
3.19 In accordance with Sections 21 and 22 of the Planning Act, Council shall
establish a Development Appeal Board and, by resolution, appoint one Council
member and two community residents as members of the Development Appeal
Board. Members will be appointed for a three-year consecutive term. The
Development Appeal Board will not include employees of the Hamlet.
3.20 Anyone claiming to be affected by a decision of Council under this By-law may
appeal in writing to the Appeal Board within 14 days of the mailing or posting of a
Notice of Decision.
3.21 Upon receiving in writing an appeal, the Development Appeal Board shall:
(a)
Hold a hearing with a minimum of three Board members within 30 days
from the receipt of the appeal, upon determining that the appeal is based
on planning grounds;
(b)
Ensure that reasonable notice of the hearing is given to the applicant and
all persons who, in the opinion of the Board, may be affected;
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(c)
Allow the Development Officer and every person concerned with the
opportunity to be heard, to submit evidence and to hear the evidence of
others;
(d)
Consider the circumstances and merits of each case and consider the
purpose and scope and intent of the Community Plan and the provisions
of this By-law;
(e)
Confirm, reject or vary the decision appealed and impose such conditions
as it considers necessary under the circumstances; and
(f)
Take minutes of the hearing and render its decision in writing to the
parties involved within 60 days of the hearing date.
3.22 Where a member of the Development Appeal Board has an interest in an
application for a Development Permit that is being appealed, they shall be
subject to the provisions of the Conflict of Interest Act.
ZONING BY-LAW AMENDMENTS
3.23 A person who seeks to have this By-law amended shall submit an application to
Council with the following:
(a)
A copy of their lease or certified true copy of their certificate of leasehold
title;
(b)
A fee of two hundred and fifty dollars $250.00;
(c)
Any information as may be required by Council.
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SECTION 4 - COMPLIANCE WITH OTHER REGULATIONS
4.1
Nothing in this By-law shall exempt any person from complying with the
requirements of any other by-law in force within the Hamlet of Whale Cove or any
Authority or obtaining any license, permission, or permit approval required by any
other by-law of the Municipality of Whale Cove or statute and regulations of the
Government of Nunavut or the Government of Canada.
4.2
Where the provisions in this By-law conflict with those of any other municipal,
federal or provisional regulations, by-laws or codes, the higher or more stringent
requirement shall prevail.
BUILDING PERMIT
4.3
Once the Development Permit has been issued and posted for fourteen (14)
days, the Applicant shall forward the approved Development Permit, as well as
all documentation associated with the development proposal, to the Chief
Building Official, for procurement of a Building Permit. No construction of a new
building shall take place without first obtaining a Building Permit.
NUNAVUT WATER BOARD, CIRNAC, AND DFO
4.4
The Nunavut Water Board (NWB), Crown-Indigenous Relations and Northern
Affairs Canada (CIRNAC), and Fisheries and Oceans Canada (DFO) must
approve projects proposing to use or dispose of waste into water, including
proposals to partially or fully fill a waterbody. This applies to waterbodies that are
0.5 hectares or greater and/or waterbodies that are connected to other
waterbodies.
4.5
The Habitat Protection Provisions of the Fisheries Act address the impact of a
work or undertaking on fish and fish habitat, such as the partial or complete filling
of fish habitat (e.g. culvert installation, dock installation, pond infilling). As DFO
administers the Habitat Protection Provisions, it is DFO's role and responsibility
to review and approve works in and around water with the mandate of protecting
fish and fish habitat.
LEGAL LAND TENURE
4.6
Before a Development Permit can be issued on a new undeveloped lot, the
owner of the proposed improvements must obtain legal land tenure or a letter of
permission-to-occupy until such time that lease documents can be executed.
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NUNAVUT PLANNING COMMISSION (NPC) AND NUNAVUT IMPACT REVIEW
BOARD (NIRB)
4.7
Any project proposal that not exempted for screening, according to Schedule 12-
1 of the Nunavut Agreement, must be submitted to the NPC. The project
proponent uses NIRB's Proponent's Guide - NIRB Technical Guide to determine
if screening is required.
4.8
In accordance with the Nunavut Planning and Project Assessment Act, NPC will
subsequently forward project proposals to NIRB that are identified in the above-
noted guide and/or that have negative cumulative impacts.
4.9
The project proponent will comply with NIRB's screening process, the proponent
will not initiate the project until a Project Certificate is received from NIRB, and
the proponent must follow the terms and conditions in the Project Certificate.
AIRPORT ZONING REGULATIONS
4.10 Any land use must be compliant with the Whale Cove Airport Zoning
Regulations. All development proposals adjacent to airport property, as well as
other development proposals that could potentially interfere with airport
operations require review and approval by Nunavut Airports prior to construction.
SCIENTIFIC INSTALLATIONS
4.11 Development should not interfere with the operation of scientific installations,
such as telecommunications, radar, and meteorological stations. All development
proposals which could potentially interfere with such installations require review
and approval by the appropriate Territorial and Federal Departments.
ARCHAEOLOGICAL SITES
4.12 Whenever archaeological artifacts are found during construction, construction
activities should stop immediately and the find reported immediately to the
Development Officer and the Territorial Archaeologist at the Department of
Culture and Heritage. All development must comply with the Nunavut
Agreement, Articles 33 and 34, and the Nunavut Archaeological and
Palaeontological Sites Regulations. Maps on file outlining the municipality's
archaeology resource inventory should be consulted prior to initiating
development to ensure development does not conflict with recorded
archaeological sites.
GRANULAR RESOURCES
4.13 Except where provided for within the Land Administration By-law, no person shall
strip, excavate or otherwise remove granular material for sale or for use from a
lot or other parcel of land.
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4.14 A Quarry Permit is required to remove any granular material. The Nunavut
Impact Review Board must review all Quarry Permits before a Quarry Permit can
be issued.
GENERAL SANITATION REGULATIONS
4.15 Any land use must be compliant with the General Sanitation Regulations of the
Public Health Act, All development proposals for residential uses and other uses
involving the storage or preparation of food within 450 metres of an active waste
disposal site, require review and approval from the Chief Medical Officer of
Health prior to the issuance of a development permit.
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SECTION 5 - GENERAL PROVISIONS
ACCESSORY BUILDING
5.1
Accessory uses, buildings, utility distribution lines, and structures shall be
permitted in any zone but shall not:
(a)
Be used for a residential use except where a dwelling is a permitted
accessory use.
(b)
Be used for the keeping of animals other than household pets.
(c)
Be built closer to the front or exterior side lot line than the minimum
distance required for the main building.
(d)
Locate closer than 2.0 m to any interior side or rear lot line.
(e)
Exceed one-half the height of the main building or exceed a height of
4.6 metres (15 feet) in a residential zone.
(f)
Exceed 40 square metres in any Residential Zone.
TEMPORARY CONSTRUCTION USES PERMITTED
5.2
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure, which is accessory to construction in progress,
such as a mobile home, tool or maintenance shed, trailer, sea container or
scaffold, provided that a Development Permit for the main use has been issued
and the temporary use is discontinued and removed within 30 days following
completion of construction.
RESTORATION TO A SAFE CONDITION
5.3
Nothing in this By-law shall prevent the strengthening or restoring to a safe
condition of any building or structure.
BUILDING TO BE MOVED
5.4
No building, residential or otherwise, shall be relocated without obtaining a
Development Permit.
FRONTAGE ON A STREET
5.5
No Development Permit shall be issued except where the lot has frontage on a
street or road. Exceptions are made where specifically provided for in this
By-law.
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HEIGHT
FRONTAGE ON CURVES
5.6
Where the front lot line of any lot is a curved line or when the sidelines of a lot
are not parallel, the minimum front lot line shall be a minimum of 10 metres.
HEIGHT
5.7 When used with reference to a building or structure, is the vertical distance
between the average finished grade and a horizontal plane through either:
(a)
the highest point of the roof in the case of a building with a flat roof;
(b)
the average level of a sloped roof, provided that such a roof has a slope of
less than 20 degrees, or;
(c)
the average level between eaves and ridges in the case of a pitched
gambrel mansard or hipped roof.
HEIGHT
grade
5.8
The height of buildings and structures in the vicinity of airports is regulated by
Airport Zoning Regulations. Refer to section 4.8.
5.9
Where height limitations are set forth in this By-law, such limitations shall not
apply to artworks and cultural structures (e.g. Inukshuks), aids to navigation or
aviation, antennae, bulk storage tanks, chimneys, church steeples, clock towers,
communication facilities, electrical supply facilities, fire towers, flagpoles, lighting
standards, lightning rods, mechanical equipment penthouses, skylights, solar
panels, stacks, water tanks, or windmills. Notwithstanding the foregoing,
limitations prescribed by a Federal Ministry or other Authority with respect to
height limitations and appropriate lighting in the vicinity of airfields shall prevail.
FENCES
5.10 No fences are permitted in residential zones. Fences may be permitted in
industrial, airport and community use zones but would be subject to terms and
conditions set out by the Council.
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MULTIPLE USES ON A LOT
5.11 In any zone, where any land or building is used for more than one use, all
provisions of the By-law related to each use shall be satisfied, except where
otherwise provided.
DISTANCE FROM WATERCOURSES
5.12 No development shall be permitted within 30.5 metres of a navigable waterbody
or fish habitat, except subject to terms and conditions of the Hamlet Council.
PARKING REQUIRMENTS
5.13 Parking shall be required for any use, building or structure in accordance with the
following standards, and such parking shall be accessory to a permitted use and
located on the same lot as the use:
(a)
Residential - 1 parking space per dwelling unit
(b)
Residential in a non-Residential building - 1 parking space per 2 dwelling
units
(c)
Commercial - 1 space per 75 sq. m. gross floor space
(d)
Industrial - 1 space for every 3 people working on site
(e)
Community Use, Schools - 1 space for every 3 people working on site
(f)
Community Use, Other - 1 space per 75 sq. m. gross floor space
(g)
Open Space - Discretion of Development Officer or Council.
5.14 Each required parking space shall be 6.0 m in length and 2.7 m wide.
5.15 For a required parking area of more than six spaces, at least one space for every
25 spaces must be a designated disabled space. A disabled space shall be
6.0 in length and 3.7 m wide.
LOADING SPACE REQUIREMENTS
5.16 Every building or structure in a non-Residential zone involving the frequent
receiving, loading or unloading of goods, merchandise and raw materials shall
provide off-street space for such vehicles to stand and for loading and unloading.
PERMITTED PROJECTIONS INTO YARDS
5.17 Despite any other provision to the contrary, the following features and other
similar features are permitted to project from a principal building into a required
yard in accordance with the following table.
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Object
Permitted projection into
any required yard
Minimum distance
from lot line
Canopies or awnings
1.5 m
3 m
Solar panels, heat pump or similar
equipment
1 m
3 m
Unenclosed balconies or stairways,
including a fire escape
1.5 m
3 m
Unenclosed porches, decks and
steps
3 m
3 m
SATELLITE DISHES
5.18 Satellite dishes shall not be permitted between the building and the street line.
Poles must be located at the side or rear and positioned so as to avoid
obstructing parking and / or service delivery. Ground-mounted satellite dishes
shall not be permitted in the Residential Zone.
DAY CARE FACILITIES
5.19 Where Day Cares are permitted under this By-law, all day care centers or home
day cares must comply with the National Building Code Act, the Child Day Care
Act, and the Child Day Care Standards Regulations, as amended.
HOME OCCUPATION
5.20 Where a home occupation is permitted under this By-law, a home occupation is
subject to the following requirements:
(a)
Does not change the residential character of the lot by creating problems
with noise, traffic, outdoor storage, or other nuisance;
(b)
Does not employ more than two people who do not live in the dwelling;
(c)
Does not show any evidence that there is a business in the dwelling unit,
except for a sign no bigger than 0.3 square metres (3 square feet);
(d)
No more than 25% of the gross floor area of the dwelling shall be used for
a home occupation.
BED AND BREAKFAST
5.21 Where permitted, Bed and Breakfasts shall conform to the following
requirements:
(a)
The bed and breakfast lodging forms part of a single unit dwelling;
(b)
The number of bedrooms devoted to the use shall not exceed four in
number;
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(c)
No sign in connection with the use shall exceed .75 square metres in area
nor exceed one in number;
(d)
On-street parking shall be prohibited.
(e)
The use should conform to all Building and Fire Codes.
YARD REGULATIONS
5.22 No person shall keep or permit in any part of the yard in any residential zone:
(a)
Any more than two dismantled vehicles for more than six months and such
vehicles shall be stored out of public view;
(b)
Any object or chattel which, in the opinion of the Development Officer, is
unsightly or tends to adversely affect the amenities of the district;
(c)
Any excavation, storage, or piling up of materials required during the
construction stage, unless all necessary safety measures are undertaken.
5.23 No person shall keep or permit on any site any buildings, or structures or portions
thereof, rubbish or other things that may constitute, in the opinion of the
Development Officer, a fire hazard, or hazard to safety or health.
MINOR VARIANCE
5.24 Where a development does not conform with the site regulations, Council may
vary the regulations of development in accordance with the following:
DEGREE OF RELAXATION
Residential Zones
Other Zones
Front Yard
25%
Discretion of Council
Side Yard
25%
10%
Rear Yard
25%
10%
NON-CONFORMING BUILDING OR USE
5.25 This By-law cannot be used to prevent the use and development of land that had
been lawfully established or has a valid Development Permit or was under
construction at the time this By-law was enacted. Non-conforming uses are
subject to the following regulations:
(a)
the non-conforming use may be transferred to a new owner or occupant;
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(b)
the non-conforming building may be enlarged up to 20 percent of the
gross floor area of the building, as it existed at the date this By-law came
into effect, as long as the enlargement does not increase the extent to
which the building is non-conforming;
(c)
if a non-conforming building or use of land is discontinued for twelve
consecutive months, the future use shall conform with this By-law;
(d)
If more than 50% of a non-conforming building or use is accidentally
destroyed, any new use or building must conform to this By-law.
WATERSHED OVERLAY
5.26 Lands subject to the Watershed Overlay may not be developed with uses
permitted by the underlying Zone unless it can be demonstrated that the
development will have no impact on the Municipality's water supply.
5.27 Despite Section 5.26, uses accessory to the supply of water such as a pipeline, a
pumping or monitoring station or a road are permitted.
UTILITIES
5.28 Structures or buildings required by the Hamlet or any public utility corporation to
provide utility services may be permitted in any zone, provided that such
structures or buildings comply with all applicable statutes, regulations, standards,
codes and agreements. Structures such as utility poles, utility lines and pipelines
are exempt from the minimum yard setback and maximum building height
provisions of this by-law.
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SECTION 6 - ZONE REGULATIONS
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RESIDENTIAL (R)
6.1
Permitted Uses
Dwelling, Single-Unit
Dwelling, Semi-Detached or Duplex
Dwelling, Multi-Unit
Dwelling, Mini Home
Dwelling, Rowhouse
Park or Playground
Any accessory building, structure or use, subject to section 5.1.
6.2
Conditional Uses
Bed and Breakfast
Craft Studio
Day Care Centre
Elders Facility
Group Home
Home Occupation
Secondary Suite
6.3
Zone Requirements
(a)
The following provisions apply to all development in the Residential Zone:
Setbacks (minimum)
Front = 6 metres
Rear = 6 metres
Rear, backing onto an OS Zone = 2.5 metres
Side (Exterior) = 4 metres
Side (Interior) = 6 metres
Building Height (maximum)
8.5 metres
(b)
Despite the provisions of Section 6.3(a), for semi-detached dwellings or
rowhouse dwellings located on separate, adjacent lots, the side yard
where units are attached may be reduced to zero.
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(c)
Parking or storage of a commercial vehicle having a gross vehicle weight
of 4,500 kg or construction equipment, including bulldozers, backhoes,
high hoes, and pay loaders is not permitted.
(d)
The following provisions will apply to Secondary Suites:
(i)
The suite forms part of a single unit or semi-detached dwelling;
(ii)
The suite is structurally attached or located within the principal
dwelling; and
(iii)
The suite does not exceed a floor area of 25% of the principal
dwelling, or 60 m² of gross floor area, whichever is less.
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COMMERICAL / COMMUNITY USE (C)
6.4 Permitted Uses
Automotive Gas Bar
Bank
Church / Place of Worship
Commercial recreation
Communications Facility
Community Hall or Centre
Convenience store
Craft studio
Day care centre
Educational Facility
Elders Facility
Fire Hall
Government Office
Group Home
Health Care Facility
Hotel
Municipal Garage
Office
Park or playground
Parking lot
Personal service
Police Station
Post Office
Restaurant
Retail store
Service shop
Any accessory building, utility, structure or use, subject to section 5.1.
6.5 Conditional Uses
Caretaker Unit
Cemetery
Dwelling, Multi-Unit
Dwelling, Rowhouse
Dwelling unit(s) in a non-residential building provided that the dwelling unit(s) are
above the ground floor.
Dwelling unit for Staff that is located on the same lot and is ancillary to a use
permitted under Section 6.4
Home Occupation
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6.6 Zone Requirements
(a)
The following provisions applies to all development in this Zone:
Setbacks (minimum)
Front = 6 metres
Rear = 6 metres
Side (Exterior) = 4 metres
Side (Interior) = 6 metres
Building Height (maximum)
3 storeys, not to exceed 13 metres
(b)
No outdoor storage is permitted.
(c)
A covered or screened area for garbage and trade waste is required.
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OPEN SPACE (OS)
6.7
Permitted Uses
Archaeological site
Beach Shacks
Boat Storage
Dock
Monument, cairn, or statue
Park or playground
Shed to store equipment for traditional, cultural, and recreational activities
taking place in the Zone.
Snow Fence
Sports field
Temporary Outdoor Storage of sealift equipment during sealift
Washroom facility
6.8
Conditional Uses
Communications Facility
Dog Teams
6.9
Zone Requirements
(a)
The following provisions apply to all development in the Open Space
Zone:
Gross Floor Area (maximum)
25 sq.m.
Building Height (maximum)
3.1 metres (10 feet)
(b)
No building or structure shall be located closer than 10 m to any side or
rear lot line.
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INDUSTRIAL (M)
6.10 Permitted Uses
Automotive Gas Bar
Automotive Repair, Sales or Facility
Building Supply or Contractors Shop
Outdoor storage
Rental Shop
Warehouse
Communications Facility
Any accessory building, structure or use, subject to section 5.1.
6.11 Conditional Uses
Barge staging and landing site with associated warehousing
Caretaker unit
Hazardous Goods storage
Power plant
Tank farm
6.12 Zone Requirements
(a)
The following provisions apply to all development in the Industrial Zone:
Setbacks (minimum)
Front = 6 metres
Rear = 8 metres
Side (Exterior) = 6 metres
Side (Interior) = 8 metres
Building Height (maximum)
13 metres
Only one caretaker unit is permitted on a lot.
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WASTE DISPOSAL (WD)
6.13 Conditional Uses
Waste Disposal Site
6.14 Zone Requirements
(a)
No residential development or other development involving food storage,
handling or preparation shall be permitted within 450 metres of a Waste
Disposal Site.
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NUNA (N)
6.15 Permitted Uses
Dog Team
Temporary tenting or camping
6.16 Conditional Uses
Beach Shack
Quarry
Cemetery
Commercial Harvesting
Communications Facility
Permanent hunting and fishing cabins or camps
Resource exploration and development
Snow fence
Tourist facilities
Wind Turbine
Any accessory building, structure, or use, subject to
section 5.1.
6.17 Zone Requirements
(a)
Any development within the Transportation Influence Zone as indicated on
the Land Use Map shall be subject to the approval of NAV Canada.
(b)
No development is permitted within 200 metres downwind of any snow
fence without the approval of Council.
(c)
No development is permitted within 200 metres of a wind turbine.
(d)
No development is permitted within 100 metres of an Archaeological or
Paleontological Site.
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TRANSPORTATION (T)
6.18 Permitted Uses
Airport and related uses
Communications Facility
Sealift Facility
6.19 Zone Requirements
(a)
Any development within the Transportation Influence Zone as indicated on
the General Land Use Map shall be subject to the approval of
NAV Canada.
(b)
No development shall occur within 200 metres of the Non-Directional
Beacon (NDB) Site.
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MUNICIPAL RESERVE (MR)
6.20 Zone Requirements
(a)
The Municipal Reserve Zone identifies lands that may be interesting for
future redevelopment. No development is permitted in the MR Zone
unless of temporary nature, subject to Council approval.
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SECTION 7 - FORMS
Form A
Application for Development Permit
Form B
Application for Home Occupation
Form C
Development Permit and Notice of Approval
Form D
Permit - Notice of Refusal
Form E
Notice of Appeal Hearing
Form F
Notice of Appeal Decision
Form G
Stop Work Notice
Form H
Use of Land is in Violation of the
Whale Cove Zoning By-law Notice
Form I
Application for Amendment to the Zoning By-law
Form J
Request for Variance
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Describe the proposed development:
FORM A - Application for Development Permit
APPLICATION FOR DEVELOPMENT
PERMIT
Permit No.:
Date:
Application Fee:
(see Section 3.11a)
I hereby make application under the provisions of the Zoning By-law for a Development Permit, in
accordance with the plans and supporting information submitted herewith and which form part of this
application.
Applicant:
P.O. Box No.:
Telephone Number:
Legal Description of Lot:
Lot No:
Plan No.
Sketch No.:
Lessee or Private Landowner:
P.O. Box No.:
Telephone number:
Lease Number:
Letter of Permission to Occupy File No.:
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Current Use and Zoning:
Current use of the lot:
Current Zoning:
Cost and Completion time:
Date of Completion:
Estimated cost of the project:
Date of Commencement:
ZONING REGULATIONS:
Proposed Setbacks:
Front Yard:
Interior Side Yard(s):
Rear Yard:
Exterior Side Yard:
Height of Proposed Building:
Number of Parking Spaces proposed:
Fire Spatial distance from adjacent buildings:
North side: South side: East side: West side:
I hereby give my consent to allow all authorized person(s) the right to enter the above land and/or
buildings, with respect to this application only.
Date:
Signature of Applicant:
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Development Permit Applications shall be accompanied by the following
information:
1) Site Plan. See Section No. 3.11
2) Certificate from Nunavut Impact Review Board approving a proposed industrial
development.
3) Approval from the Water Board if the project requires filling or altering a waterbody.
4) Approval from Fisheries and Oceans Canada if the project has potential to impact
fish and/or fish habitat.
5) Letter from Nunavut Airports approving the project, if the project is near an airport.
6) A letter requesting a Variance, if the proposed project does not meet the exact
zoning regulations.
7) If a Variance or Terms and Conditions are required by the Hamlet Council, a letter
from the Applicant will be required stating the adjacent landowners and lessees
have been notified of the proposed development.
I certify that I will abide by the above conditions after I have received a Development
Permit, knowing that failure to do so will result in cancellation of the Development
Permit and possible further action taken by the Hamlet of Whale Cove.
Signature of Applicant
Date
If the applicant is not the Registered Owner or Lessee of the Property, please submit a
letter from the Registered Owner or Lessee granting you permission to use the property
for the proposed business.
Signature of Lessee or Private
Date
Landowner
(not required if the lessee or
landowner is the applicant)
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FORM B - Application for Home Occupation
APPLICATION FOR HOME OCCUPATION
I/We hereby make application under the provisions of Zoning By-law
No._______for a Development Permit to operate a Home Occupation.
PLEASE PRINT:
Applicant's Name: _____________________________.
Business Name: _______________________________.
Mailing Address: ______________________________.
Phone Number: _______________________________.
Lot No.: ________________
Plan No.:________________.
Zoning: ________________.
Details:
How many people will you employ? Are these people residents of the Home?:
How many and what kind of vehicles and/or equipment you expect to use in
conjunction with the business (indicate number, type and size)?:
Where will the above vehicles and/or equipment be parked?
Lessee of the Property:____________________________________________.
(* If the applicant is not the Registered Owner or Lessee of the Property, please submit
a letter from the Registered Owner or Lessee granting you permission to use the
property for the proposed business.)
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HOME OCCUPATION: Requirements, Refer to Section 5.20
Where a home occupation is permitted under this By-law, a home occupation is subject
to the following requirements:
i)
Does not change the residential character of the lot by creating problems with
noise, traffic, outdoor storage, or other nuisance;
ii)
Does not employ two or more people who do not live in the dwelling;
iii)
Does not show any evidence that there is a business in the dwelling unit except
for a sign no bigger than 0.3 square metres (3 square feet); and
iv)
The home business does not take up more than 25% of the dwelling.
I certify that I will abide by the above conditions after I have received a Development
Permit for my Home Occupation, knowing that failure to do so will result in cancellation
of the Development Permit and possible further action taken by the Hamlet of Whale
Cove.
Signature of Applicant
Date
Permit No.:
Date:
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FORM C -Development Permit & Notice of Approval
DEVELOPMENT PERMIT - NOTICE OF
APPROVAL
POSTED ON SITE AND IN THE HAMLET OFFICE
Development involving:___________________________________________________
as further described in Application No.: has been:
APPROVED:
APPROVED - subject to conditions (state reasons):
Shall comply with:
(1)
Hamlet Zoning By-law;
(2)
National Building Code, most current;
(3)
National Fire Code, most current; and
(4)
All Federal and Territorial Regulations.
The applicant is hereby authorized to proceed with the specified development provided
that any stated conditions are complied with, that development is in accordance with
any approved plans and applications. Should an appeal be made against this
decision to the Development Appeal Board, or the Development Officer, this
Development Permit shall be null and void.
Date of decision: Date of issue of Development Permit: ______
Motion Number if Council Approval is required: ______________.
Signature of Development Officer: ________________________.
NOTE:
1.The issuance of a Development Permit, in accordance with the Notice of Decision, is subject to the
condition that it does not become effective until 15 days after the date the order, decision or Development
Permit is issued;
2. Any person claiming to be affected by a decision of Council may appeal to the Development Appeal
Board by submitting a written notice of appeal to the Development Officer within 14 days after notice of
the decision is given; and
3. A permit shall become void after two years or if the development has not commenced within six months
from the date that the permit was issued.
Permit No.:
Date
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FORM D - Notice of Development Permit Refusal
DEVELOPMENT PERMIT - NOTICE OF
REFUSAL
POSTED ON SITE AND IN THE HAMLET OFFICE
Development Permit No.:___________
Development involving:________________________________________________
as further described in Application No.: has been:
has been REFUSED for the following reasons:
You are further notified that you may appeal this decision to the Development Appeal
Board in accordance with the provisions of Section 3 of this By-law. Such an appeal
shall be made in writing and shall be delivered either personally or by mail so as to
reach the Secretary of the Development Appeal Board (Development Officer) not later
than fourteen (14) days following the date of issue of this notice. The notice of appeal
shall contain a statement of the grounds of the appeal.
Date of Decision: ________
Date of Notice of Decision: __________________________
Signature of Development Officer: ______________________
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FORM E - Notice of Appeal Hearing
NOTICE OF APPEAL HEARING
Date:
This is to notify you that an appeal has been made to the DEVELOPMENT APPEAL
BOARD against a decision in respect of Application No.: which involves
development described as follows:
__
This decision was:
APPROVED:
APPROVED - with conditions:
REFUSED:
Reason(s) for this decision is as follows:
Place of Hearing:
Time of Hearing: Date of Hearing:
Any persons affected by the proposed development have the right to present a written
brief prior to the hearing and to be present and be heard at the hearing. Persons
requiring to be heard at the meeting shall submit the written briefs to the Secretary of
the Development Appeal Board (Development Officer) not later than: .
Date
Secretary of the Development Appeal Board
(Development Officer)
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FORM F - Notice of Appeal Decision
NOTICE OF APPEAL DECISION
Date:
This is to notify you than an appeal against the:
APPROVAL:
APPROVAL - with conditions:
REFUSAL:
of a Development Permit with regard to the following:
was considered by the DEVELOPMENT APPEAL BOARD on 20__
and the decision of the DEVELOPMENT APPEAL BOARD with regard to the appeal is
as follows and for the following reasons:
Date
Secretary, Development Appeal Board
NOTE:
1.
A decision of the Development Appeal Board is final and binding on all parties and
persons subject only to an appeal upon a question of jurisdiction or law pursuant to
Section 51 of the Planning Act. An application for leave to appeal to the Supreme
Court shall be made:
(a) to a judge of the Supreme Court; and
(b) within 30 days after the issue of the order, decision, permit or approval sought
to be appealed.
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FORM G - Stop Work Notice
STOP WORK NOTICE
POSTED ON SITE AND AT THE HAMLET OFFICE
Date:
You are hereby notified that your development is in contravention of the Whale Cove
Zoning By-law, No. __________ or Development Permit by reason of:
You are requested to take remedial action to conform to the By-law/Permit as follows:
Failure to comply with this request within 30 days of receipt of this notice may result in
action being taken through the courts to seek remedy under the provisions of the
Planning Act and Hamlets Act.
Date of Notice
Signature of Development Officer
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FORM H - Use of Land in Violation of Zoning By-law Notice
USE OF LAND IS IN VIOLATION OF THE
WHALE COVE ZONING BY-LAW NOTICE
POSTED ON SITE AND AT THE HAMLET OFFICE
Date:
You are hereby notified that your development is in contravention of the Whale Cove
Zoning By-law, No.________ by reason of:
You are requested to take remedial action to conform to the By-law as follows:
Failure to comply with this request within 30 days of receipt of this notice may result in
action being taken through the courts to seek remedy under the provisions of the
Planning Act and Hamlets Act.
Date of Notice
Signature of Development Officer
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Fee:
$250
FORM I - Application for Amendment to Zoning By-law
APPLICATION FOR AMENDMENT TO
THE ZONING BY-LAW
Date:
Zoning Amendments are subject to the provisions of the Planning Act
Section 29 and Section 3.23 of this By-law.
I/We hereby make application to amend the Zoning By-law.
Applicant:
Telephone:
Address:
Owner of Land or Lessee: Telephone:
Address:
Land Description:
Lot: Plan:
Civic Address:
Amendment Proposed:
From: To:
Reasons in support of Application for Amendment:
Signature of Applicant
Date
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FORM J - Request for Variance
REQUEST FOR VARIANCE
I/We hereby make a request to vary one or more provisions of the Zoning By-law.
PLEASE PRINT:
Applicant's Name: _____________________________
Business Name: _______________________________
Mailing Address: ______________________________
Phone Number: _______________________________
Lot No.: ________________ Plan No.:________________
Zoning: ________________
Lessee of the Property:____________________________________________.
(* If the applicant is not the Registered Owner or Lessee of the Property, please submit a letter
from the Registered Owner or Lessee granting you permission to request a variance.)
Describe the variance(s) being requested:
I certify that I will abide by the above conditions for variance after I have received a
Development Permit, knowing that failure to do so will result in cancellation of the
Development Permit and possible further action taken by the Hamlet of Whale Cove.
Signature of Applicant
Date
Fee:
$75