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3rd Reading Draft
September 25, 2024
Zoning Bylaw No. #411-24
September 25, 2024
TABLE OF CONTENTS
PART 1
ADMINISTRATION
1.1
TITLE ..................................................................................................................................................................... 1
1.2
PURPOSE OF THE BYLAW ..................................................................................................................................... 1
1.3
ENABLING LEGISLATION ....................................................................................................................................... 1
1.4
SEVERABILITY ....................................................................................................................................................... 1
1.5
APPLICATION OF REGULATIONS .......................................................................................................................... 1
1.6
COMPLIANCE WITH OTHER LEGISLATION ............................................................................................................ 1
1.7
CONFORMITY ....................................................................................................................................................... 1
1.8
Non-conforming Buildings & Uses ....................................................................................................................... 2
1.9
NON-CONFORMING LOT SIZES ............................................................................................................................ 2
1.10
DEVELOPMENT OFFICER ...................................................................................................................................... 2
1.11
FEES, FORMS, AND RECORDS ............................................................................................................................... 3
PART 2
ZONES AND ZONE REGULATIONS
2.1
ZONING MAPS...................................................................................................................................................... 4
2.2
ZONE BOUNDARIES .............................................................................................................................................. 4
2.3
LIST OF ZONES ...................................................................................................................................................... 4
2.4
URBAN RESIDENTIAL ZONE (R-1) ......................................................................................................................... 5
2.5
MULTIPLE UNIT RESIDENTIAL ZONE (R-2) ............................................................................................................ 7
2.6
COUNTRY RESIDENTIAL ZONE (RC) ...................................................................................................................... 8
2.7
TOURIST COMMERCIAL ZONE (CT) ...................................................................................................................... 9
2.8
MIXED COMMERCIAL ZONE (CM) ...................................................................................................................... 11
2.9
LIGHT (SERVICE) INDUSTRIAL ZONE (M-1) ......................................................................................................... 14
2.10
PUBLIC USE COMMUNITY ZONE (PD) ................................................................................................................ 18
2.11
PARKS AND RECREATION COMMUNITY ZONE (PR) ........................................................................................... 20
2.12
AGRICULTURE RESIDENTIAL (AR) ....................................................................................................................... 21
2.13
AGRICULTURE GENERAL (AG) ............................................................................................................................ 23
2.14
GREENBELT COMMUNITY ZONE (GB) ................................................................................................................ 24
2.15
OPEN SPACE ZONE (OS) ..................................................................................................................................... 24
2.16
FUTURE DEVELOPMENT ZONE (FD) ................................................................................................................... 25
PART 3
GENERAL PROVISIONS
3.1
USES PERMITTED IN ALL ZONES ......................................................................................................................... 26
3.2
TEMPORARY USES .............................................................................................................................................. 26
3.3
SECONDARY SUITES ........................................................................................................................................... 27
3.4
BED AND BREAKFASTS ....................................................................................................................................... 27
3.5
SHORT TERM RENTAL ACCOMMODATIONS ...................................................................................................... 27
3.6
HOME OFFICE .................................................................................................................................................... 27
3.7
HOME BUSINESS ................................................................................................................................................ 27
3.8
HOME INDUSTRY ............................................................................................................................................... 28
3.9
BOARDING OR BREEDING FACILITY .................................................................................................................... 29
3.10
ACCESSORY BUILDINGS, PRIVATE GARAGES AND GREENHOUSES ..................................................................... 30
3.11
SHIPPING CONTAINERS ...................................................................................................................................... 30
3.12
FENCES AND SCREENING OF OUTDOOR STORAGE AREAS ................................................................................. 30
3.13
SOLID WASTE AND RECYCLING .......................................................................................................................... 30
3.14
HEIGHT EXCePTIONS .......................................................................................................................................... 31
3.15
YARDS AND ALLOWABLE ENCROACHMENT ....................................................................................................... 31
3.16
VISIBILITY AT INTERSECTIONS ............................................................................................................................ 32
3.17
OFF- STREET PARKING SPACE REGULATIONS ..................................................................................................... 32
3.18
PARKING AND MAneUVERING DESIGN .............................................................................................................. 34
3.19
LOADING SPACE REGULATIONS ......................................................................................................................... 34
3.20
DRIVEWAY ACCESS ............................................................................................................................................. 35
3.21
SIGNS ................................................................................................................................................................. 35
3.22
WATER, SANITARY SEWER FACILITIES, AND UTILITY SERVICES .......................................................................... 36
3.23
FLOOD CONTROL, ENVIRONMENTAL PROTECTION AND AQUIFER PROTECTION .............................................. 36
3.24
PARKS, GREENBELTS, AND ENVIRONMENTAL RESERVE..................................................................................... 37
3.25
LIGHTING ........................................................................................................................................................... 37
3.26
SATELLITE DISHES, ANTENNAS, TELECOMMUNICATION FACILITIES AND UTILITY TOWERS .............................. 37
3.27
STORAGE OF MATERIALS ................................................................................................................................... 38
3.28
STORAGE FACILITIES FOR HAZARDOUS GOODS ................................................................................................. 38
3.29
TEMPORARY STRUCTURES ................................................................................................................................. 39
3.30
MOVING OF STRUCTURES .................................................................................................................................. 39
3.31
SUBDIVISION ...................................................................................................................................................... 39
3.32
LANDSCAPING .................................................................................................................................................... 39
PART 4
DEVELOPMENT PERMITS
4.1
DEVELOPMENT PERMIT REQUIRED ................................................................................................................... 41
4.2
DEVELOPMENT PERMIT NOT REQUIRED ........................................................................................................... 41
4.3
APPLICATION...................................................................................................................................................... 42
4.4
DECISION ............................................................................................................................................................ 43
4.5
CONDITIONS ...................................................................................................................................................... 44
4.6
APPEALS ............................................................................................................................................................. 45
4.7
VARIANCEs ......................................................................................................................................................... 45
4.8
DEVELOPMENT AGREEMENTS ........................................................................................................................... 46
PART 5
AMENDMENT
5.1
PROCEDURE ....................................................................................................................................................... 47
PART 6
ENFORCEMENT
6.1
GENERAL ............................................................................................................................................................ 48
6.2
OFFENCES .......................................................................................................................................................... 48
6.3
RIGHT OF ENTRY ................................................................................................................................................ 48
6.4
NOTICES ............................................................................................................................................................. 48
6.5
REFUSAL, SUSPENSION OR REVOCATION OF PERMIT ........................................................................................ 49
6.6
OFFENCE TICKETS ............................................................................................................................................... 49
6.7
REPORT TO COUNCIL ......................................................................................................................................... 50
6.8
ORDERS .............................................................................................................................................................. 50
6.9
MUNICIPALITY REMEDYING CONTRAVENTION .................................................................................................. 50
6.10
PENALTIES .......................................................................................................................................................... 50
6.11
SCHEDULE OF FINES ........................................................................................................................................... 51
PART 7
DEFINITIONS
7.1
RULES OF INTERPRETATION ............................................................................................................................... 52
7.2
GENERAL DEFINITIONS....................................................................................................................................... 52
SCHEDULES:
A - ZONING MAP
B - DEZADEASH RIVER AND PINE CREEK BUFFER
List of Amendments to the Village of Haines Junction
Zoning Bylaw No. #411-24
Amendment
Bylaw No.
Date of
Adoption
Purpose and Description of Amendment
Text
Map
1
PART 1 ADMINISTRATION
1.1
TITLE AND REVIEW
1.1.1
This bylaw is called "The Village of Haines Junction Zoning Bylaw" and includes Schedules A and B.
1.2.1 The Development Officer shall provide Council with a report of all applications and development
permits issued under this bylaw for the previous calendar year by March 1st of the subsequent year.
The report shall include recommendation of any amendments necessary to ensure the zoning bylaw is
consistent with meeting the vision, principles and land use objectives of the Official Community Plan.
1.12.2 Council shall schedule a review of the zoning bylaw at the first regular meeting after receipt of the
Development Officer report to consider its recommendations.
1.2
PURPOSE OF THE BYLAW
1.2.1
This bylaw provides the regulatory framework for orderly, economic, social, and environmentally
responsible development within the Village of Haines Junction by:
a) Implementing the goals and objectives of the Official Community Plan;
b) Establishing land use zones and associated regulations to control the use, location, type, and level
of development allowed to occur on a parcel of land within the Village of Haines Junction; and
c) Setting out rules and procedures, information requirements, and processes to be followed to
permit the consistent review and timely decision-making on an application to undertake a
development, rezone a parcel, or file a development appeal.
1.3
ENABLING LEGISLATION
1.3.1
This bylaw has been passed in conformance with the Municipal Act, Chapter 154, R.S.Y.T., 2002.
1.4
SEVERABILITY
1.4.1
If any section, subsection, sentence, clause, or phrase of this bylaw is for any reason held to be invalid
by the decision of any court of competent jurisdiction, the invalid portion shall be severed from the
bylaw and such decision shall not affect the validity of the remaining portions of this bylaw.
1.5
APPLICATION OF REGULATIONS
1.5.1
Wherever the requirements of this bylaw are at variance with the requirements of other bylaws,
regulations, statutes, deed restrictions or covenants, the more restrictive or that imposing the higher
standard shall govern;
1.5.2
Where this bylaw sets out both general and specific regulations that could apply to a situation, the
specific regulation shall apply.
1.6
COMPLIANCE WITH OTHER LEGISLATION
1.6.1
In addition to complying with this bylaw, a person applying for a development permit is responsible for
ascertaining and complying with the requirements of any other applicable municipal, territorial, or
federal legislation, without limiting the generality of the foregoing health, fire and building standards.
1.6.2
The issuance of a permit does not relieve the property owner from complying with any easement,
covenant, lease, scheme, or development agreement that affects the development.
1.7
CONFORMITY
2
1.7.1
No land, building, or structure shall be used, and no development in the entire geographical area of the
Village of Haines Junction is permitted for any purpose, except in conformity with this bylaw.
1.8
NON-CONFORMING BUILDINGS & USES
1.8.1
Non-conforming uses will be dealt with according to the provisions of the Municipal Act. A non-
conforming use may be continued, but if that use is discontinued for 12 months or more, any
subsequent use of the land or building shall conform to the provisions of the Official Community Plan
and Zoning Bylaw then in effect.
1.8.2
A non-conforming building or structure may not be enlarged, added to or substantially altered except
to increase its conformity.
1.8.3
Repairs, maintenance, decoration or installations that do not alter the size of the building or other
structure or involve the rearrangement or replacement of structural supporting elements shall not be
considered to be structural alterations and are permitted.
1.8.4
The lawful non-conforming use of a portion of the land, building or structure may be extended
throughout the rest of the site, building or structure provided there are no structural alterations or
construction of additional buildings and structures.
1.8.5
The non-conforming use of land or a building is not affected by a change of ownership, tenancy or
occupancy of the land or building except as limited by the conditions set out in section 1.8.4.
1.8.6
If a non-conforming building or structure is destroyed by fire or damaged to an extent of 75% of the
assessed value of the building, it may not be rebuilt or repaired except in conformity with the Official
Community Plan and Zoning Bylaw then in effect.
1.9
NON-CONFORMING LOT SIZES
1.9.1
Lots created before the approval of this bylaw that are less than the minimum dimensions, or more
than the maximum dimensions, required of the zone they are in, shall be considered to be conforming
lots for the purposes of this bylaw.
1.9.2
All lots that are shown on a registered plan prior to the passage of this bylaw which have an area less
than the minimum lot size, or more than the maximum lot size, required for the zone in which they are
situated, shall be allowed to develop the uses permitted in that particular zone provided that all other
requirements of this bylaw are complied with. Rear and side yard setbacks may be reduced
proportionately by the same percentage that the lot is less than the minimum for that zone.
1.10 DEVELOPMENT OFFICER
1.10.1 The position of Development Officer is established to administer this bylaw. One or more employees of
the Village shall be appointed to fulfill the duties of this position.
1.10.2 The Development Officer shall receive completed applications for a development permit, an
amendment to this bylaw, or a Certificate of Zoning Compliance.
1.10.3 The duties of the Development Officer include:
a) receiving, reviewing, and making recommendations to Council on any application to amend the text
of this bylaw or Schedule A, the Zoning Map;
b) approving, rejecting, or approving development permits with conditions as the case may be, and
issuing Certificates of Zoning Compliance;
3
c) referring an application to any federal or territorial department, the Champagne and Aishihik First
Nation or any other agency or body deemed appropriate for advice and comment;
d) maintaining a current copy of this bylaw for inspection or purchase at a reasonable cost by the public
during normal office hours;
e) maintaining a public register of all development permit and zoning amendment applications
received, including the decisions made;
f) exercising discretion in relaxing yard setbacks of up to 5% of the requirements of this bylaw, provided
there will be no detrimental impact on adjacent properties or the neighbourhood and the density is
not increased by virtue only of the variance; and
g) performing such other duties as described or implied by this bylaw.
1.11 FEES, FORMS, AND RECORDS
1.11.1 Council shall periodically review and update by resolution a standard fee schedule for the application
and administration of this bylaw.
1.11.2 Council shall adopt by resolution a standard set of forms to be used for the administration of this bylaw
with such forms available in hard copy and electronic form.
4
PART 2 ZONES AND ZONE REGULATIONS
2.1
ZONING MAPS
2.1.1
The Village of Haines Junction is divided into land use zones and the boundaries of these zones are
shown on the zoning map, attached as Schedule A, forming part of this bylaw.
2.2
ZONE BOUNDARIES
The boundaries on the zoning maps shall be interpreted as follows:
2.2.1
Where a zone boundary is shown as following a highway or road right-of-way or watercourse, the
centre line of the right-of-way or watercourse shall be the zone boundary;
2.2.2
Where the zone boundary does not follow a legally defined line, and where the distances are not
specifically indicated, the location of the zone boundary shall be determined by referencing
topographic and scaling information from the zoning maps;
2.2.3
When any public roadway is closed, the roadway lands have the same zoning as the abutting land.
Where different zones govern abutting lands, the centre of the roadway is the zone boundary unless
the boundary is shown clearly following the edge of the roadway.
2.3
LIST OF ZONES
2.3.1
For the purpose of this Zoning Bylaw, the Village of Haines Junction is divided into the following zones:
a)
Urban Residential
R-1
b)
Multiple Unit Residential
R-2
c)
Country Residential
RC
d)
Tourist Commercial
CT
e)
Mixed Commercial
CM
f)
Light (Service) Industrial
M-1
g)
Public Use Community
PD
h)
Parks & Recreation Community
PR
i)
Agriculture Residential
AR
j)
Agriculture General
AG
k)
Greenbelt Community
GB
l)
Open Space
OS
m)
Future Development
FD
5
2.4
URBAN RESIDENTIAL ZONE (R-1)
2.4.1
Zone Intent:
a) This zone is to provide for low and medium density residential development and residential related
uses on smaller lots with municipal services i.e. water and sewer.
2.4.2
Permitted Uses
a) Dwelling, Attached
b) Single Family Dwellings
c) Mobile Homes
d) Short Term Rental Accommodations
2.4.3
Accessory Uses
a) Bed and Breakfasts
b) Family Day-Homes
c) Home Businesses
d) Minor Agricultural Pursuits
e) Secondary Suites
2.4.4
Regulations
a) Minimum and Maximum Requirements:
Requirements
Minimum Lot Size
Single
400.00 m2 (4,305.56 ft2)
Dwelling, Attached
300.00 m2 (3,229.17 Ft2)
(when each unit is sited on its own titled property)
Maximum Lot Size
750.00 m2 (8,072.93 ft2)
Maximum Number of Dwelling
Units
Lots 400 m2 or larger
Two
Lots under 400 m2
One
Maximum Site Coverage
50%
Minimum Size of Dwelling (GFA)
20.00 m2 (215.28 ft2)
Dwelling
Height (max)
10.00 m (32.81 ft)
Front Yard (min)
3.00 m (9.84 ft)
Side Yard (min)
2.50 m (8.20 ft)
Rear Yard (min)
1.50 m (4.92 ft)
With abutting lot at rear Rear Yard (min)
3.00 m (9.84 ft)
Accessory Building
(without dwelling)
Height (max)
5.00 m (16.4 ft)
Front Yard (min)
3.00 m (9.84 ft)
Side Yard (min)
1.00 m (3.28 ft)
Rear Yard (min)
1.00 m (3.28 ft)
6
2.4.5
Other Regulations
a) No accessory buildings or uses will be permitted until the first dwelling is completed, unless
approval is granted by the Development Officer.
b) Every mobile home placed on a lot shall be identified by an attached Canadian Standards
Association (C.S.A.) metal label stating that its construction meets C.S.A. standards.
c) New placement of mobile homes on a lot is restricted to homes no older than ten years old, unless
approval is granted by the Development Officer.
d) The underside of each mobile home shall be completely screened from view by the foundation,
skirting or other means that is of a manufactured or similar type to harmonize with the unit within
30 days of placement on the lot.
Illustration of Yards
7
2.5
MULTIPLE UNIT RESIDENTIAL ZONE (R-2)
2.5.1
Zone Intent:
a) This zone is to provide for medium to high-density residential development and related uses.
2.5.2
Permitted Uses
a) Care Facilities, Group
b) Care Facilities, Seniors
c) Multiple Unit Housing
d) Short Term Rental Accommodations
2.5.3
Accessory Uses
a) Family Day-Homes
b) Home Businesses
c) Minor Agricultural Pursuits
d) Parks / Playgrounds
2.5.4
Regulations
a) Minimum and Maximum Requirements:
Requirements
Minimum Lot Size
450.00 m2 (4,843.76 ft2)
Minimum Density
25 Units per Hectare
Minimum Number of Dwelling Units
Three
Building with Dwelling
Height (max)
15.00 m (49.21 ft)
Front Yard (min)
3.00 m (9.84 ft)
Side Yard (min)
2.50 m (8.20 ft)
Rear Yard (min)
1.50 m (4.92 ft)
Accessory Building
Height (max)
5.00 m (16.4 ft.)
Front Yard (min)
3.00 m (9.84 ft)
Side Yard (min)
1.00 m (3.28 ft)
Rear Yard (min)
1.00 m (3.28 ft)
2.5.5
Other Regulations
a) No accessory buildings or uses will be permitted until the principal building is completed, unless
approval is granted by the Development Officer.
b) Adequate provision for the storage and removal of garbage.
8
2.6
COUNTRY RESIDENTIAL ZONE (RC)
2.6.1
Zone Intent:
a) This zone is to provide for larger residential lots in a rural setting where the owner is responsible
for sewage disposal and water supply.
2.6.2
Permitted Uses
a) Duplexes
b) Single Family Dwellings
c) Short Term Rental Accommodations
2.6.3
Accessory Uses
a) Bed and Breakfasts
b) Family Day-Homes
c) Home Businesses
d) Home Industries
e) Minor Agricultural Pursuits
f) Secondary Suites
2.6.4
Regulations
a) Minimum and Maximum Requirements:
Requirements
Minimum Lot Size
0.9 ha (2.22 acres)
Maximum Lot Size
1.9 ha (4.70 acres)
Maximum Number of Dwelling Units
Three
Minimum Size of Dwelling (GFA)
First dwelling
55.00 m2 (592.02 ft2)
Second & Third dwelling
20.00 m2 (215.28 ft2)
Building with Dwelling
Height (max)
10.00 m (32.81 ft)
Front Yard (min)
7.50 m (24.61 ft)
Side Yard (min)
4.50 m (14.76 ft)
Rear Yard (min)
7.50 m (24.61 ft)
Accessory Building
Height (max)
7.00 m (22.97 ft)
Front Yard (min)
7.50 m (24.61 ft)
Side Yard (min)
4.50 m (14.76 ft)
Rear Yard (min)
7.50 m (24.61 ft)
2.6.5
Other Regulations
a) No accessory buildings or uses will be permitted until the first dwelling is completed, unless
approval is granted by the Development Officer.
9
2.7
TOURIST COMMERCIAL ZONE (CT)
2.7.1
Zone Intent:
a) This zone is to provide for a range of commercial uses that provide service to local industry and /or
highway tourism and service needs. Mixed commercial and residential uses in this zone are
permitted, though the area remains predominantly a service commercial zone.
2.7.2
Permitted Uses
a) Agricultural Supply and Sales
b) Animal Clinics/Hospitals
c) Bake Shops
d) Broadcasting and Recording
e) Bus Terminals
f) Car Washes
g) Child Care Centres
h) Commercial and Residential Mixed Uses
i)
Commercial Greenhouses
j) Commercial Recreation
k) Drive in or Drive-Thru Businesses
l)
General Contractor Services
m) Licensed Premises pursuant to the Liquor Act
n) Offices
o) Overnight Accommodations
p) Personal Service Establishments
q) Places of Worship
r) Public Buildings
s) R.V. Campgrounds
t) Restaurants
u) Retail Stores
v) Service Stations
f) Short Term Rental Accommodations
w) Utility Infrastructure
x) Vehicle Sales, Rental and Services
10
2.7.3
Accessory Uses
a) Bed and Breakfasts
b) Home Businesses
c) Secondary Suites
d) Single Family Dwellings
e) Temporary Retail Sales
f) Temporary Uses
g) Outdoor Storage
2.7.4
Regulations
a) Minimum and Maximum Requirements:
Requirements
Minimum Lot Size
464.00 m2 (4,994.45 ft2)
Minimum Size of Dwelling (GFA)
20.00 m2 (215.28 ft2)
Maximum Size of Single Detached Dwelling (GFA)
100.00 m2 (1,076.39 ft2)
Principal Building
Height (max)
15.00 m (49.21 ft)
Front Yard (min)
None
Side Yard (min)
2.50 m (8.20 ft)
Rear Yard (min)
2.50 m (8.20 ft)
Accessory Building
Height (max)
10.00 m (32.81 ft)
Front Yard (min)
None
Side Yard (min)
2.50 m (8.20 ft)
Rear Yard (min)
2.50 m (8.20 ft)
2.7.5
Other Regulations
a) An accessory dwelling cannot be built or occupied until the principal commercial unit is complete
or its use operational.
b) Only one single family dwelling is permitted, which must be accessory to the principal use and shall
not exceed 40% of the gross floor area of the combined buildings on the lot.
c) Notwithstanding 2.7.5 (b), if the applicant demonstrates, to the satisfaction of the Development
Officer, that the principal commercial use is complete and operational without the requirement of
a principal commercial or industrial building, the 40% gross floor area restriction of 2.7.5 (b) will
not apply until such time as a principal commercial building is developed.
d) If uses may be or become hazardous or injurious as regards health or safety or which adversely
affect the amenities of the neighbourhood or interferes with or may interfere with normal
enjoyment of any land, building or structure, these uses shall be screened from adjacent sites and
roads, through the use of fences, berms, landscaping, or a combination therefore, to the
satisfaction of the Development Officer.
11
2.8
MIXED COMMERCIAL ZONE (CM)
2.8.1
Zone Intent:
a) This zone is to provide for a mixture of commercial and residential uses and to promote a vibrant
commercial core.
2.8.2
Permitted Uses
a) Animal Clinics/Hospitals
b) Bake Shops
c) Broadcasting and Recording
d) Child Care Centres
e) Civic Uses
f) Commercial Recreation
g) Commercial and Residential Mixed Uses
h) Licensed Premises pursuant to the Liquor Act
i)
Multiple Unit Housing
j)
Offices
k) Overnight Accommodations
l)
Personal Service Establishments
m) Public Buildings
n) Parks / Playgrounds
o) Restaurants
p) Retail Stores
g) Short Term Rental Accommodations
2.8.3
Accessory Uses
a) Bed and Breakfasts
b) Home Businesses
c) Secondary Suites
d) Single Family Dwellings
e) Temporary Retail Sales
f) Temporary Uses
g) Outdoor storage
12
2.8.4
Regulations
a) Minimum and Maximum Requirements:
Requirements
Minimum Lot Size
464.00 m2 (4,994.45 ft2)
Maximum Number of Dwelling Units
None
Minimum Size of Dwelling (GFA)
20.00 m2 (215.28 ft2)
Maximum Size of Single Detached Dwelling (GFA)
100.00 m2 (1,076.39 ft2)
Principal Building
Height (max)
15.00 m (49.21 ft)
Front Yard (min)
None
Side Yard (min)
2.50 m (8.20 ft)
Rear Yard (min)
2.50 m (8.20 ft)
Accessory Building
Height (max)
10.00 m (32.81 ft)
Front Yard (min)
None
Side Yard (min)
2.50 m (8.20 ft)
Rear Yard (min)
2.50 m (8.20 ft)
2.8.5
Other Regulations
a) An accessory dwelling cannot be built or occupied until the principal commercial unit is complete
or its use operational.
b) Only one single family dwelling is permitted, which must be accessory to the principal use and shall
not exceed 40% of the gross floor area of the combined buildings on the lot.
c) Notwithstanding 2.8.5 (b), if the applicant demonstrates, to the satisfaction of the Development
Officer, that the principal commercial use is complete and operational without the requirement of
a principal commercial or industrial building, the 40% gross floor area restriction of 2.8.5 (b) will
not apply until such time as a principal commercial building is developed.
d) If uses may be or become hazardous or injurious as regards health or safety or which adversely
affect the amenities of the neighbourhood or interferes with or may interfere with normal
enjoyment of any land, building or structure, these uses shall be screened from adjacent sites and
roads, through the use of fences, berms, landscaping, or a combination therefore, to the
satisfaction of the Development Officer.
2.8.6
Special Modifications
a) The following lots in Table 1 are designated CMx, the special modification being that one single
family dwelling is permitted as a principal use and that this one single family dwelling is not subject
to the maximum size regulation:
13
Civic Address
Block
Lot
191 Alaska Highway
5
9
217 Alaska Highway
10
7
219 Alaska Highway
Quad 115A/13
1101
221 Alaska Highway
Quad 115A/13
1088
222 Alaska Highway
Quad 115A/13
1071
223 Alaska Highway
Quad 115A/13
1
224 Alaska Highway
Quad 115A/13
1036
228A Alaska Highway
Quad 115A/13
1097-1
230 Alaska Highway
Lot 25 group 803
231 Alaska Highway
Quad 115A/13
1087
232 Alaska highway
Quad 115A/13
1076
234 Alaska Highway
Quad 115A/13
1049
101 Auriol Street
7
19
103 Auriol Street
7
18
108 Auriol Street
20
21
107/109 Auriol Street
7
21
113 Auriol Street
7
13
115 Auriol Street
7
12
117 Auriol Street
7
11
183 Backe Street
11
23
197 Backe Street
11
21
135 Dalton Street
3
28
143 Dalton Street
3
19
100 Kathleen Street
7
1
102 Kathleen Street
7
2
104 Kathleen Street
7
3
106 Kathleen Street
7
4
112 Kathleen Street
7
22
116 Kathleen Street
7
23
174 Lucania Street
8
14
176 Lucania Street
8
13
180 Lucania Street
8
11
158 Martin Street
5
13
100 Steel Street
6
20
102 Steel Street
6
19
147 Haines Road
5
8
14
Table 1 - CMx Special Modification Lots
2.9
LIGHT (SERVICE) INDUSTRIAL ZONE (M-1)
2.9.1
Zone Intent:
a) This zone is to provide for the development of light industrial activities including manufacturing,
storage, industrial services, and other commercial services. Permitted residential uses in this
district are modest and secondary to the principal industrial use.
2.9.2
Permitted Uses
a) Agricultural Supply and Sales
b) Alcohol Productions
c) Animal Clinics/Hospitals
d) Animal Shelters
e) Boarding or Breeding Facilities
f) Broadcasting and Recording
g) Car Washes
h) Commercial Greenhouses
i)
Commercial Vehicle Sales, Rental and Services
j)
Equipment Sales, Service and Rentals
k) General Contractor Services
l)
Hazardous Goods Storage
m) Manufacturing, Light
n) Offices
o) Outdoor Storage
p) Outdoor Storage, Truck
q) Processing, Light
r) Public Buildings
s) R. V. Campgrounds
t) Recycling Depots
u) Retail Stores
v) Service Stations
w) Utility Infrastructure
x) Vehicle Sales, Rental and Services
y) Warehouse Facilities
15
2.9.3
Accessory Uses
a) Restaurants
b) Shipping Containers
c) Single Dwelling
d) Temporary Retail Sales
e) Temporary Uses
2.9.4
Regulations
a) Minimum and Maximum Requirements:
Requirements
Minimum Lot Size
0.20 hectares (0.49 acres)
Maximum Number of Dwelling Units
One
Minimum Size of Dwelling (GFA)
20.00 m2 (215.28 ft2)
Maximum Size of Dwelling (GFA)
100.00 m2 (1,076.39 ft2)
Principal Building
Height (max)
15.00 m (49.21 ft)
Front Yard (min)
4.50 m (14.76 ft)
Side Yard (min)
4.50 m (14.76 ft)
Rear Yard (min)
4.50 m (14.76 ft)
Accessory Building
Height (max)
10.00 m (32.81 ft)
Front Yard (min)
2.50 m (8.20 ft)
Side Yard (min)
2.50 m (8.20 ft)
Rear Yard (min)
2.50 m (8.20 ft)
2.9.5
Other Regulations
a) An accessory dwelling cannot be built or occupied until the principal industrial use is operational to
the satisfaction of the Development Officer.
b) Only one dwelling is permitted, which must be accessory to the principal use and shall not exceed
40% of the gross floor area of the combined buildings on the lot.
c) Notwithstanding 2.9.5 (b), if the applicant demonstrates, to the satisfaction of the Development
Officer, that the principal industrial use is complete and operational without the requirement of a
principal commercial or industrial building, the 40% gross floor area restriction of 2.9.5 (b) will not
apply until such time as a principal industrial building is developed.
d) Any other permitted accessory use, such as office, administrative, or retail operations shall not
exceed 33% of the total floor area of the building(s) devoted to the principal use.
e) Shipping containers shall not be stacked in any M-1 zone.
f) A Site Plan will be required with the submission of a Development Permit application at the
discretion of the Development Officer. This will indicate the landscape treatment, screening, and
location of parking, loading outside operation / storage areas, waste / recycling receptacles,
fencing, and accessory buildings. The Development Officer shall ensure that the locations of these
16
facilities are accessible to service vehicles as necessary, and do not disrupt onsite circulation and
are appropriately fenced or screened.
g) Where a permitted development abuts a non-industrial use or land use district, the Development
Officer may require mitigation of potential development impacts on adjacent land use, including
but not limited to:
(i) Provision of noise attenuating walls;
(ii) Increased landscaping, including a landscaped buffer;
(iii) Relocation of parking areas, walkways, business entrances or other high activity areas
from residential property lines;
(iv) Screening or relocating on-site lighting to avoid spillage onto residential sites;
(v) Restricting the location of outdoor speakers;
(vi) Changing the proposed structure to mitigate noise, light, or glare impacts.
h) A Solid Waste Management Plan may be required with the submission of a Development Permit
application at the discretion of the Development Officer, which will depend on the use and nature
of the proposed facility.
i)
A Water Demand Estimation report may be required with the submission of a Development Permit
application at the discretion of the Development Officer, which will depend on the proposed
operations to occur at the proposed facility.
j)
A Stormwater Management Plan may be required with the submission of a Development Permit
application at the discretion of the Development Officer, which will depend on an assessment of
the proposed water, sanitary, and storm servicing.
k) An environmental impact statement may be required with the submission of a Development
Permit application at the discretion of the Development Officer for any use or development that
may result in significant noise, air, or water emissions or create a fire or explosive hazard that
would extend beyond the permitter of the site.
l)
A description of the type and nature of business operations will be required upon application of a
Development Permit. Factoring in the location of the site, adjacent uses, related traffic operations
(deliveries, pickups, etc.) and impacts of business operations, the Development Officer may place
restrictions on hours of operation of the proposed facility.
2.9.6
Special Modifications
a) The following lots are designated M-1x, the special modification being that the one permitted
dwelling is not subject to the maximum size regulation:
17
Table 2 - M-1x Special Modification Lots
Address
Block
Lot
111 Fireweed Street
33
2
103 Fireweed Street
33
5
100 Quill Crescent
34
1
106 Quill Crescent
34
4
110 Quill Crescent
34
6
116 Quill Crescent
34
9
118 Quill Crescent
34
10
124 Quill Crescent
34
13
126 Quill Crescent
34
14
136 Quill Crescent
34
19
110 Fireweed Street
35
4
112 Fireweed Street
35
5
114 Fireweed Street
35
15
105 Quill Crescent
35
13
18
2.10 PUBLIC USE COMMUNITY ZONE (PD)
2.10.1 Zone Intent:
a) This zone is to provide for the development of institutional, educational, community service, and
recreational uses and facilities.
2.10.2 Permitted Uses
a) Assembly
b) Landfill and Lagoon
c) Band Stands
d) Care Facilities, Clinic
e) Care Facilities, Group
f) Care Facilities, Medical
g) Care Facilities, Seniors
h) Cemeteries and Funeral Services
i)
Childcare Centres
j)
Education Facilities
k) Maintenance Facilities
l)
Parking Area or Lot
m) Parks/Playgrounds
n) Places of Worship
o) Private Clubs and Lodges
p) Public Buildings
q) Utility Infrastructure
r) Aviation-Restricted
s) Civic Uses
2.10.3 Accessory Uses
a) Restaurants
b) Secondary Suites
c) Single Family Dwelling
d) Temporary Sales
e) Temporary Uses
2.10.4 Regulations
19
a) Minimum and Maximum Requirements:
Requirements
Minimum Lot Size
464.00 m2 (4,994.45 ft2)
Principal Building
Height (max)
15.00 m (49.21 ft)
Front Yard (min)
None
Side Yard (min)
2.50 m (8.20 ft)
Rear Yard (min)
2.50 m (8.20 ft)
Accessory Building
Height (max)
10.00 m (32.81 ft
Front Yard (min)
None
Side Yard (min)
2.50 m (8.20 ft)
Rear Yard (min)
2.50 m (8.20 ft)
2.10.5 Other Regulations
a) No accessary buildings or uses will be permitted until the principal unit is complete or its use
operational.
b) Only one single family dwelling accessory to the principal use is permitted and shall not exceed
40% of the gross floor area of the combined buildings on the lot.
c) Where the site abuts a residential zone, the property shall be fenced and/or screened with
landscaping to the satisfaction of the Development Officer having regard to the nature of the use,
the potential impacts on the use on the normal use and enjoyment of the neighbouring properties
and security.
2.10.6 Special Modifications
a) Lot 8 Block 5 (147 Haines Road) is designated PDx, the special modification being that one single
family dwelling is permitted as a principal use.
20
2.11 PARKS AND RECREATION COMMUNITY ZONE (PR)
2.11.1 Zone Intent:
a) This zone is to provide for the development of active and passive recreational areas.
2.11.2 Permitted Uses
a) Band Stands
b) Cemeteries and Funeral Services
c) Fairgrounds
d) Golf Courses
e) Greenbelts
f) Minor Agricultural Pursuits
g) Outdoor Amphitheatre
h) Parks/Playgrounds
i)
Public Buildings
2.11.3 Accessory Uses
a) Temporary Sales
b) Temporary Uses
2.11.4 Regulations
a) Minimum and Maximum Requirements:
Requirements
Principal Building
Height (max)
15.00 m (49.21 ft)
Front Yard (min)
3.00 m (9.84 ft)
Side Yard (min)
3.00 m (9.84 ft)
Rear Yard (min)
3.00 m (9.84 ft)
Accessory Building
Height (max)
15.00 m (49.21 ft)
Front Yard (min)
1.00 m (3.28 ft)
Side Yard (min)
1.00 m (3.28 ft)
Rear Yard (min)
1.00 m (3.28 ft)
2.11.5 Other Regulations
a) Consideration will be given to public safety and wildlife prior to any development.
b) All parcel and development regulations shall be at the discretion of the Development Officer.
21
2.12 AGRICULTURE RESIDENTIAL (AR)
2.12.1 Zone Intent:
a) This zone is to provide for a limited range of agricultural pursuits in a residential setting.
2.12.2 Permitted Uses
a) Agricultural Supply and Sales
b) Animal Clinics/Hospitals
c) Apiary
d) Boarding or Breeding Facilities
e) Child Care Centres
f) Farms
g) Farm Sales of Agricultural Products Produced on the Lot
h) Gardens
i)
Greenhouses
j)
Horticulture
k) Keeping of Domestic Livestock up to the Regulated Maximum
l)
Landscaping Operations
m) Nurseries
n) Parks/Playgrounds
o) Private Riding Facilities and Stables
p) Rodeo Facilities
q) Short Term Rental Accommodations
r) Single Family Dwelling
2.12.3 Accessory Uses
a) Bed and Breakfasts
b) Family Day-Homes
c) Home Businesses
d) Home Industries
e) Secondary Suites
f) Temporary Uses
22
2.12.4 Regulations
a) Minimum and Maximum Requirements:
Requirements
Minimum Lot Size
4.00 hectares (9.88 acres)
Maximum Lot Size
6.00 hectares (14.83 acres)
Maximum Number of Dwelling Units
Three
Minimum Size of Dwelling (GFA)
First dwelling
55.00 m2 (592.02 ft2)
Second & Third dwelling
20.00 m2 (215.28 ft2)
All Buildings
Height (max)
15.00 m (49.21 ft)
Front Yard (min)
15.00 m (49.21 ft)
Side Yard (min)
15.00 m (49.21 ft)
Rear Yard (min)
15.00 m (49.21 ft)
2.12.5 Other Regulations
a) The maximum combined number of livestock and cattle is 25.
b) The maximum number of pigs is 30.
c) The maximum number of poultry (including chickens, turkeys, quails, ducks, geese etc.) is 300.
d) At the discretion of the Development Officer, the maximum number of livestock, cattle, pigs and
poultry or all of these, may be increased, subject to the submission of, and continued compliance
with, an acceptable management plan.
e) Appropriate fencing shall be in place on all properties for any livestock, animals, horses, poultry,
pigs, etc. and shall include overhead fencing when necessary.
f) The nature of agricultural use and intensity of development may be restricted if, in the opinion of
the Development Officer, the use would:
(vii) attract migratory birds or potentially create human/wildlife conflicts, and
(viii) potentially create noise, odour, traffic, dust or related conflicts that would interfere
with the use and enjoyment of neighbouring properties in the same or adjacent land
zones.
23
2.13 AGRICULTURE GENERAL (AG)
2.13.1 Zone Intent:
a) This zone is to provide for a full range of agricultural pursuits.
2.13.2 Permitted Uses
a) Abattoir
b) Agricultural Supply and Sales
c) Apiary
d) Boarding or Breeding Facilities
e) Farms
f) Farm Sales of Agricultural Products Produced on the Lot
g) Gardens
h) Greenhouses
i)
Horticulture
j) Keeping and Grazing of Domestic Livestock
k) Nurseries
l)
Private Riding Facilities and Stables
2.13.3 Accessory Uses
a) Secondary Suites
b) Single Family Dwelling
c)
Temporary Uses
2.13.4 Regulations
b) Minimum and Maximum Requirements:
Requirements
Minimum Lot Size
40.00 hectares (98.84 acres)
Maximum Number of Dwelling Units
Three
All Buildings
Height (max)
15.00 m (49.21 ft)
Front Yard (min)
15.00 m (49.21 ft)
Side Yard (min)
15.00 m (49.21 ft)
Rear Yard (min)
15.00 m (49.21 ft)
2.13.5 Other Regulations
g) Appropriate fencing shall be in place on all properties for any livestock, animals, horses, poultry,
pigs, etc. and shall include overhead fencing when necessary.
h) The nature of agricultural use and intensity of development may be restricted if, in the opinion of
the Development Officer, the use would potentially create human/wildlife conflicts.
24
2.14 GREENBELT COMMUNITY ZONE (GB)
2.14.1 Zone Intent:
a) This zone is to protect environmentally sensitive areas and/or lands that is not suitable for
development, while providing access to the public in a manner that programs and preserves the
land in its natural state.
2.14.2 Permitted Uses
a) Greenbelts
b) Parks
2.14.3 Accessory Uses
a) None
2.14.4 Regulations
a) All parcel and development regulations shall be at the discretion of the Development Officer and
shall proceed in a manner to minimize impacts on the natural environment.
b) Consideration will be given to public safety and wildlife prior to any development.
c) The Development Officer may require vegetation management to facilitate wildfire protection and
address aesthetic, wildlife or other vegetation concerns.
d) In addition to the regulations listed above, other general regulations in this Bylaw may also apply.
2.15 OPEN SPACE ZONE (OS)
2.15.1 Zone Intent:
a) This zone contains land which for which no use has been allocated. No use is permitted until an
appropriate use has been determined and allocated by bylaw.
2.15.2 Permitted Uses
a) None
2.15.3 Accessory Uses
a) None
2.15.4 Regulations
a) All parcel and development regulations shall be at the discretion of the Development Officer.
b) Consideration will be given to public safety and wildlife prior to any development.
c) Any building, structure, and/or infrastructure on-site shall be temporary to ensure the proposed
development does not limit future planning and orderly development of lands.
d) The Development Officer may impose such temporal and use conditions as necessary to ensure the
proposed development does not limit future planning and orderly development.
25
2.16 FUTURE DEVELOPMENT ZONE (FD)
2.16.1 Zone Intent:
a) This zone is to protect land in a generally undeveloped and natural state until such time as
comprehensive planning has occurred to determine appropriate zoning.
2.16.2 Permitted Uses
a) Farms
b) Farm Sales
c) Horticulture
d) Minor Agricultural Pursuits
e) Parks
f) Temporary Uses
2.16.3 Regulations
a) All parcel and development regulations shall be at the discretion of the Development Officer.
b) Consideration will be given to public safety and wildlife prior to any development.
c) Any building, structure, and/or infrastructure on-site shall be temporary to ensure the proposed
development does not limit future planning and orderly development of lands.
d) The Development Officer may impose such temporal and use conditions as necessary to ensure the
proposed development does not limit future planning and orderly development.
e) The Development Officer may require the applicant to enter into a Development Agreement for
any proposed use within this zone to limit encumbrances to the future planning and orderly
development of lands.
26
PART 3 GENERAL PROVISIONS
3.1
USES PERMITTED IN ALL ZONES
3.1.1
The following uses shall be permitted in any zone providing they conform to the regulations of this
bylaw:
a) Public Utility services and underground or submarine utility systems, the installations of which may
be sited on any portion of a lot.
b) Public parks and playgrounds.
c) Trails and active transportation routes.
d) Accessory buildings and structures.
e) Domestic gardens and greenhouses.
f) Signs, when confirming with the requirements outlined in Subsection 3.21.
g) Home office in any permitted dwelling unit.
h) Solar energy systems as an accessory use, except in the Open Space (OS) zone and Community
Green Belt (GB) zone.
i)
Required minimum parking areas.
3.2
TEMPORARY USES
3.2.1
A temporary use, other than a temporary residence, may be authorized where it is in the public
interest to do so and:
a) It conforms to the regulations of this bylaw;
b) It is seasonal or temporary in nature and provides a service in the public interest;
c) It is an interim land use with a defined lifespan of less than one year;
d) Impacts associated with the proposed use will be mitigated; and
e) The site will be restored suitable to an intended future use.
3.2.2
A mobile home, recreation vehicle, or temporary structure is permitted as a temporary residence in all
residential zones providing that:
a) A building permit has been issued for a dwelling;
b) Adequate provision for water supply, wastewater treatment, utilities, solid waste and recycling has
been made, to the satisfaction of the Development Officer.
c) The term of the temporary residence does not exceed 24 months; and
d) The temporary residency shall cease within 30 days of the first residential occupancy of the
dwelling on-site.
3.2.3
An extension of the temporary residence may be considered by if the dwelling construction has been
proceeding with a reasonable diligence during the term of the stay.
27
3.3
SECONDARY SUITES
3.3.1
A secondary suite, where permitted, shall be treated as an accessory use in the zone in which it is
located.
3.4
BED AND BREAKFASTS
3.4.1
A Bed and Breakfast, when permitted in any zone, shall be subject to the following regulations:
a) The principal residence of the operator must be located in the same dwelling.
b) The Bed and Breakfast shall not change the principal residential character or external appearance
of the property involved.
3.5
SHORT TERM RENTAL ACCOMMODATIONS
3.5.1
A Short Term Rental Accommodation, when permitted in a residential zone, shall be subject to the
following regulations:
a) The Short Term Rental shall not change the principal residential character or external appearance
of the property involved.
3.6
HOME OFFICE
3.6.1
A home office, when permitted in any zone, shall be subject to the following regulations:
a) Only residents living on the property may work in the home office.
b) The home office shall not change the residential character of the site and there shall be no change
in the outside appearance of the dwelling unit or accessory building.
c) There shall be no audible, visible or other evidence of the conduct of a home office.
d) There shall be no business-related visits on-site, or additional parking needs generated.
3.7
HOME BUSINESS
3.7.1
A home business, when permitted in any zone, shall be subject to the following regulations:
a) Only residents living on the property and up to two other persons who are not residents may work in
the home business on the property. Additional employees may work off site.
b) The use of a property for a home business shall be incidental and subordinate to its use for
residential purposes and shall have no visible change in the outside appearance of the dwelling
unit or accessory building, other than one sign.
c) The home business shall not
i) Change the residential character of the site;
ii) Create visual, audible or other interference off the property;
(ix) Use or store equipment which creates noise, vibration, smoke, dust, odour, glare,
fumes, electrical interference, litter, and/or other factors that cause a nuisance to
adjacent residents;
iii) Store or keep goods, materials or commodities other than in the dwelling and/or in an
accessory building, except in the AR and RC zones;
28
iv) Park or maintain a commercial vehicle of a capacity of more than 5,000 kg on the
property, except in the AR and RC zones;
v) Operate between the hours of 8:00 pm to 8:00 am
d) Retail sales shall not be permitted in a home business except for:
(i) Sales where the customer does not enter the premises;
(ii) Products incidental to a service being provided; and
(iii) Products produced on the site.
e) Any need for parking generated by the conduct of a home business shall be met on-site.
3.8
HOME INDUSTRY
3.8.1
A home industry, when permitted in any zone, shall be subject to the following regulations:
a) Only residents living on the property and up to four other persons who are not residents may work
in the home industry on the property. Additional employees may work off site.
b) The use of a property for a home industry shall be incidental and subordinate to its use for
residential purposes and shall have no visible change in the outside appearance of the dwelling
unit or accessory building, other than one sign.
c) The home industry shall not
(i) Change the residential character of the site;
(ii) Create visual, audible or other interference off the property;
(iii) Use or store equipment which creates noise, vibration, smoke, dust, odour, glare,
fumes, electrical interference, litter, and/or other factors that cause a nuisance to
adjacent residents;
(iv) Salvage or store derelict vehicles and equipment, used building materials, products,
and/or similar discarded materials; or
(v) Operate between the hours of 8:00 pm to 8:00 am
d) Only goods and materials directly related to the home industry may be stored on-site, and shall be:
(i) Essential to the operation of the home industry;
(ii) In a volume consistent with the residential character of the property;
(iii) Stored in a safe and organized manner so as not to pose any hazard or nuisance to the
surrounding area; and
(iv) Screened from view from adjacent properties, if stored outside.
e) Retail sales shall not be permitted in a home industry except for:
(i) Sales where the customer does not enter the premises;
(ii) Products incidental to a service being provided; and
(iii) Products produced on the site.
f) Any need for parking generated by the conduct of a home industry shall be met on-site.
29
3.9
BOARDING OR BREEDING FACILITY
3.9.1
The Development Officer may, when issuing a development permit, determine the maximum number
of animals that may be kept at any one time by the operator. In determining the maximum number of
animals, the Development Officer shall take into account:
a) the size of the property;
b) the use of adjacent properties;
c) the setback distances to any property line or residential dwelling on an adjacent property; and
d) noise attenuation measures.
3.9.2
In determining the number of animals, animals less than six months of age shall not normally be
included.
3.9.3
The setback distances specified in the district in which a boarding or breeding facility is located shall
apply to all structures or facilities used in the boarding operation, regardless of size or function of the
structure or facility. The Development Officer may vary the required setback distance if deemed
necessary.
3.9.4
No buildings, pens, rooms, exercise runs or holding stalls used to accommodate the animals shall be
allowed within 300.00 m (984.25 ft) of an existing dwelling located on an adjacent lot.
3.9.5
The Development Officer may require visual screening of the facility, which may include fencing,
landscaping and berming.
3.9.6
Pens, rooms, exercise runs, and holding stalls shall be adequately soundproofed, if deemed necessary
by the Development Officer who shall base their decision on the recommendations of a noise study,
the number of animals to be kept at the facility, the proximity of the facility to other uses or other
facilities, and the possibility that noise from the facility may adversely affect the amenities of the area.
3.9.7
The Development Officer may require animals to be kept indoors between the hours of 8:00 p.m. to
8:00 a.m., except when on leashed walks.
3.9.8
Where boarding or breeding facilities are to be located near known wildlife corridors or habitat areas,
there shall be strict measures incorporated into the design of the development and operating
procedures to ensure that the animals are securely restrained at all times.
3.9.9
Boarding and breeding facilities shall be operated in accordance with Yukon health regulations and, in
particular, faeces and similar wastes shall be disposed of in a manner acceptable to the public health
authority. In no case shall such waste be disposed of in the municipal waste collection system without
the written consent of the municipality.
3.9.10 A development permit issued for a boarding or breeding facility may be issued for a period up to 5
years and is subject to immediate revocation if the boarding or breeding facility is not developed or
operated in accordance with the conditions of approval or if the boarding or breeding facility is
deemed by the Development Officer to be having an adverse effect on the amenities of the area or
nearby properties.
30
3.10 ACCESSORY BUILDINGS, PRIVATE GARAGES AND GREENHOUSES
3.10.1 Accessory uses and accessory buildings or structures are permitted in all zones where a permit has
been issued for a principal use.
3.10.2 Unless otherwise specified in this bylaw, accessory buildings and structures are not permitted on any
parcel unless the principal use is active and/or the principal building has already been erected or will be
erected simultaneously.
3.10.3 A private garage or carport attached to and forming part of a principal building or structure shall be
considered to be part of the principal building or structure.
3.10.4 A greenhouse larger than 10.00 m2 (107.64 ft2) GFA is considered an accessory building.
3.11 SHIPPING CONTAINERS
3.11.1 All Shipping Containers are considered an accessory building and shall meet the minimum required
setbacks for accessory buildings.
3.11.2 Shipping Containers shall not be placed on a lot or parcel in a manner that the containers exceed the
maximum height restriction specified in the zoning regulations.
3.12 FENCES AND SCREENING OF OUTDOOR STORAGE AREAS
3.12.1 In all zones, fences are permitted in front, rear or side yards.
3.12.2 In any residential zone, a fence must:
a) Not exceed a height of 1.22 m (4.00 ft) in any required front yard; and
b) Not exceed a height of 1.83 m (6.00 ft) in any side or rear yard.
3.12.3 In any commercial or industrial zone, all fencing and screening above 2.50 m (8.20 ft) in height shall be
at the discretion of the Development Officer.
3.12.4 In any non-industrial zone, uses which involve the outdoor storage of goods, machinery, vehicles,
building materials, equipment, waste materials, and other similar objects, shall be screened from
adjacent sites and roads, through the use of fences, berms, landscaping, or a combination therefore, to
the satisfaction of the Development Officer.
3.12.5 To increase the chance of survival, landscaping for screening purposes shall be at least 1.80 m (5.91 ft)
high at planting and trees shall be placed at regular intervals.
3.13 SOLID WASTE AND RECYCLING
3.13.1 Solid waste and recycling management facilities which are suitable for the intended land use may be
required by the Development Officer and shall be:
a) Stored in animal proof and weatherproof containers that prevent the spread of waste materials;
b) Screened from adjacent sites and public roads in an aesthetically pleasing manner at the discretion
of the Development Officer; and
c) Designed and placed in a location that is easily accessible for waste disposal and pickup.
3.13.2 Where any proposed development requires collective waste disposal facilities, the location, manner of
storage and screening shall be shown on a site plan included with the development permit application.
3.13.3 Collective waste disposal facilities are not permitted within the front or side yard setbacks.
31
3.14 HEIGHT EXCEPTIONS
3.14.1 The maximum height regulations of this bylaw do not apply to the following:
a) Chimney stacks
b) Elevator housings
c) Flagpoles
d) Parapet walls
e) Roof stairway entrances
f) Skylights
g) Steeples
h) HVAC equipment
i)
Any other items deemed by the Development Officer to be of a similar nature to those noted
above.
3.15 YARDS AND ALLOWABLE ENCROACHMENT
3.15.1 No development shall be permitted in any yard other than the erection of a gate, fence, wall, or other
means of enclosure referred to in Subsection 3.12.
3.15.2 In all zones, the allowable encroachments are permitted as follows:
a) Chimneys, cornices, leaders, gutters, pilasters, belt courses, sills, bay windows, steps, door
canopies, or other similar features, may encroach up to 0.61 m (2.00 ft) into front, side, and rear
yards.
b) Encroachments of steps, eaves, canopies, or decorative overhangs are permitted up to 0.61 m
(2.00ft) into front, side, and rear yards.
c) Encroachments of steps, ramps, or boardwalks, at the discretion of the Development Officer, when
required for safe access to a permitted primary or accessory structure due to parcel grade.
d) Encroachments of uncovered patios or decks up to 0.61 m (2.00 ft) in maximum height from grade,
are permitted up to 0.91 m (3.00 ft) into front, side, and rear yards.
e) Wheelchair ramps are permitted to encroach into any required yard setback, at the discretion of
the Development Officer, provided that the ramp:
(i) Does not impede fire access to or around the building; and
(ii) Is complimentary to and well-integrated into the existing building.
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3.16 VISIBILITY AT INTERSECTIONS
3.16.1 No landscaping, screening, building, or structure shall be planted or erected at a height greater that
0.91 m (3.00 ft) above the established grade within the shaded space, as illustrated in Figure 1. This
shaded space spans 6.00 m (19.69 ft) in either direction from the corner of a parcel.
Figure 1 - Visibility at Intersections, Area that landscaping, screening, building, or structures are prohibited over 0.91 metres in height
3.17 OFF- STREET PARKING SPACE REGULATIONS
3.17.1 The Development Officer may require all developments in non-residential zones to provide as a
minimum, a durable, gravel surfaced parking area with sufficient slope to ensure proper drainage.
3.17.2 When land or a building or structure is used for any purpose, there shall be, provided on the lot or an
alternate site, the number of parking spaces and commercial vehicle off-street loading and parking
areas as specified in Table 3.
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Table 3 - Minimum Parking Requirements
MINIMUM PARKING REQUIREMENTS
TYPE OF DEVELOPMENT / USE
PARKING SPACES
LOADING SPACES
Urban Dwelling and Dwelling,
Attached
1 per dwelling unit
Multiple Unit Housing
1 plus 1 per dwelling unit
Bed and Breakfast
1 per rental suite
Home Business. Home Industry
1 per business plus 1 per non-
resident employee
Care facility, regardless of type
1 per 2 dwelling units plus 1 per
3 employees
Hotels, motels, hostels
1 per sleeping unit
Offices, business, personal & service
establishments, and retail stores
1 per 50 m2 (538.20 ft2) of gross
floor area
Service station
3 per service bay
1
Industrial uses
1 per 4 employees per shift,
minimum of 4
1 space per loading dock /
loading door
Eating and drinking establishments
1 per 6 seats
1
Schools - Kindergarten and
Elementary
1 per classroom
1 per building
Schools - Middle Years / High
School / Other
1 per classroom plus 1 per each
staff member
1 per building
Indoor Recreation Facilities, Clubs,
Assembly Halls
1 per 10 m2 (107.64 ft2) of
public GFA
1
Theatre, Arena, Auditorium, Church 1 per 6 seats
*Public Area means an area used by the public such as a gymnasium, swimming pool, auditorium, etc.
3.17.3 Where any development comprises uses in several of the categories mentioned in Table 1, the parking
requirement is that of the category requiring the highest number of parking spaces.
3.17.4 When the calculation of the required off-street parking spaces or loading spaces results in a fraction,
the calculation shall be rounded up.
3.17.5 No person shall keep a vehicle having a maximum gross weight in excess of 18,000 kg on a lot, site or
street in a residential zone for longer than is reasonably necessary to load or unload a vehicle.
3.17.6 No person shall keep a dismantled or wrecked vehicle in view for more than 14 days on a lot, site or
street unless authorized under the provisions of this bylaw.
3.17.7 In any zone, when any new development is proposed including a change in use of existing
development, or when any existing development is in the opinion of the Development Officer
substantially enlarged or increased in capacity, then provision shall be made for off-street parking or
garage spaces in accordance with the regulations and standards contained in this bylaw.
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3.18 PARKING AND MANEUVERING DESIGN
3.18.1 All parking space access points, parking and loading areas shall be specified to the satisfaction of the
Development Officer having due regard to the use proposed, the type of traffic expected to be
generated, roadway function and visibility, emergency vehicle movement and the needs of the elderly
and disabled.
3.18.2 All off-street parking areas shall conform to the following requirements in Table 4 and conform with
the Parking Design Standards as per Figure 2.
Table 4 - Parking Design Standards, Minimum Requirements
PARKING DESIGN STANDARDS
A
B
C
D
E
PARKING ANGLE
IN DEGREES
WIDTH OF
STALL METERS
DEPTH OF STALL
PERPENDICULAR
TO MANEUVERING
AISLE IN METERS
WIDTH OF STALL
PARALLEL TO
MANEUVERING
AISLE IN METERS
WIDTH OF
MANEUVERING
AISLE IN METERS
0
2.6
2.6
6.7
One way 3.0
30
2.6
4.9
5.2
One way 3.5
45
2.6
5.5
3.6
One way 3.5
60
2.6
5.8
2.8
One way 5.8
90
2.6
6.0
2.6
One way 6.0
Figure 2 - Parking Design Standards
3.19 LOADING SPACE REGULATIONS
3.19.1 The number of commercial off-street loading spaces provided for a development must conform with
Table 2.
3.19.2 Loading spaces must be no less than 3.00 m (9.84 ft) in width, 7.50 m (24.61 ft) in length, and 4.30 m
(14.11 ft) in height.
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3.19.3 Loading spaces must be designed to:
a) Provide vehicular access to and from a street or land such that no backing or turning movements
of vehicles going to and from the site causes interference with traffic in the abutting streets or
lanes; and
b) Be sited at an elevation or elevations convenient to a major floor level in the building or to a utility
serving each major floor level.
3.20 DRIVEWAY ACCESS
3.20.1 For any development, driveway access shall be designed in such a way as to minimize the number of
entrances and exits.
3.20.2 The width of a driveway providing access from a road to any type of development, may not exceed:
a) 6.00 m (19.69 ft) where the lot width is less than 12.00 m (39.37 ft),
b) 50% of the lot width where the lot width is between 12.00 m (39.37 ft) and 20.00 m (65.62 ft), and
c) 10.00 m (32.81 ft) where the lot width is greater than 20.00 m (65.62 ft).
3.20.3 For residential developments, driveway access widths must provide adequate width and turning radii
for emergency vehicle access, as well as a slope no greater than 8%, to the satisfaction of the
Development Officer.
3.21 SIGNS
3.21.1 Signs up to 3.00 m2 (32.29 ft2) are permitted in all zones, on sites where a permit has been issued for a
principal use.
3.21.2 The operator of a home office, home business or home industry may attach only one nonilluminated
fascia sign to the principal residence advertising the business, or in the case of a country residential
zone, at the entrance to the driveway.
3.21.3 All signs shall be related to the principal use or uses of the site and serve to identify the name of the
business and the products and services available.
3.21.4 Where a sign is found to identify a use incorrectly or is in an overall state of disrepair, the Development
Officer may, by written notice, order a sign owner or person responsible for the sign, to alter, refurbish
or remove the sign within the time specified in the notice.
3.21.5 Only businesses holding a Village business license may apply to erect billboards along the Alaska
Highway and Haines Road within municipal boundaries, except that other businesses may advertise at
designated rest areas intended to provide an orientation to regional attractions and other
communities.
3.21.6 No sign shall be attached to any object in a public place except a kiosk or bulletin board erected by the
Village for that purpose. Temporary political campaign signs are exempted from this but must be
removed within five days after the corresponding election date.
3.21.7 No part of any sign shall project beyond the property line.
3.21.8 No sign shall by reason of its location, colour, shape, format or content imitate an official traffic sign.
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3.22 WATER, SANITARY SEWER FACILITIES, AND UTILITY SERVICES
3.22.1 When municipal servicing infrastructure is available, all new residential, commercial, and industrial
development shall be required to adequately connect to adequate municipal servicing. The Village may
require that each new development demonstrate adequate servicing capacity.
3.22.2 Each unit of an attached dwelling shall be individually and directly connected to the water and sanitary
lines located in the public right-of-way.
3.22.3 Where piped municipal sanitary sewer service is not available, the owner or authorized agent shall
provide a private water supply and wastewater system. The design, installation and setback of the
private wastewater system shall be in accordance with current legislation and approval of Government
of Yukon Environmental Health Services.
3.22.4 Where a building is not connected to a municipal wastewater system, the Development Officer shall
require, as a condition of issuing a development permit that:
a) In the case of a new building, that the developer provides the municipality with evidence that a
permit from an accredited agency has been obtained by the developer for the installation of a
private wastewater system in accordance with current legislation and standards, prior to
commencement of any construction; or
b) In the case of an addition to an existing building, that the developer provides either a permit
referenced in Subsection 3.22.4 a), or documentation showing that the existing system was sized to
accommodate additional capacity, or a statement signed and sealed from a qualified professional
that the existing wastewater system operates properly and is capable of handling the additional
wastewater expected to be generated as a result of the addition, prior to the commencement of
any construction; and
c) In the case of the construction of a new building or the addition to an existing building, proof that
the building or addition does not cover existing or proposed wastewater systems.
3.22.5 The Development Officer may require that a developer provide evidence that an inspection of a private
wastewater system was undertaken by the accredited agency that issued the permit for the
wastewater system and that the inspection showed the system to have been properly installed.
3.22.6 A person shall not commence a development until provision has been made for utility services or
facilities to the satisfaction of the Development Officer.
3.23 FLOOD CONTROL, ENVIRONMENTAL PROTECTION AND AQUIFER PROTECTION
3.23.1 Notwithstanding any other provisions of this bylaw, no building or any part thereof shall be
constructed, reconstructed, moved or extended nor shall any mobile home or unit, modular home or
structure be located within 30 m (98.43 ft) of the natural boundary of Pine Creek and/or Dezadeash
River.
3.23.2 No development shall be permitted on any lot that falls within lands designated as susceptible to a
1:200 year flood as outlined on the Dezadeash River and Pine Creek Buffer Map (Schedule B), unless
the applicant can demonstrate an acceptable method of flood proofing the proposed development and
completes a flood hazard waiver that acknowledges the risk and indemnifies the Village against any
future loss.
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3.23.3 Where a proposed development involves land filling, the Development Officer may require the
applicant to submit verification of compaction testing, a drainage plan, and include provision for
drainage easements.
3.23.4 In all zones, all driveways crossing roadside drainage ditches require a culvert.
3.23.5 Development that could cause an impact on groundwater may not be allowed unless:
a) It can be proven by adequate engineering or hydro-geological investigation that the proposed
activity will not cause pollutions of the groundwater supply; or
b) Appropriate remedial measures have been or will be taken to sufficiently mitigate the risk of
endangering the potability of the groundwater supply.
3.23.6 Land use and development activities that have a high pollution risk and the potential to contaminate
groundwater within regulatory Well Protection Zones, as per the Village's Aquifer and Wellhead
Protection Plan, will be restricted. These land uses can include, but are not limited to, chemical
fertilization storage, disposal fields, fuel tanks, waste disposal, and wastewater treatment facilities. In
instances where restriction is not possible, the following considerations must be met:
a) The proponent shall prove, through adequate engineering or hydro-geological investigation, that
the proposed activity will not cause pollution of the public drinking water supply; and/or
b) Appropriate precautionary measures are taken to sufficiently mitigate risk of endangering the
public drinking water supply.
3.24 PARKS, GREENBELTS, AND ENVIRONMENTAL RESERVE
3.24.1 Environmentally sensitive lands including wetlands, lands along the Pine Creek and/or Dezadeash River,
and lands of spiritual and cultural significance to the Champagne and Aishihik First Nations shall be
protected from development and inappropriate use through restricted access, setbacks, buffers and
such similar means as Council deems appropriate.
3.24.2 Development that improves public access to and along the Pine Creek and/or Dezadeash River shall be
permitted where such development enhances the visitor experience (i.e. interpretative signage) and
limits the impacts of users on the environment (i.e. boardwalks).
3.25 LIGHTING
3.25.1 Any outdoor lighting for any development shall be located and arranged so that no direct rays of light
are directed at adjoining properties.
3.25.2 The Development Officer, in keeping with the principles of crime prevention through environmental
design, may require such additional site lighting as is necessary to encourage pedestrian safety and
allow casual surveillance from adjacent buildings and abutting streets of parking areas and walkways.
3.26 SATELLITE DISHES, ANTENNAS, TELECOMMUNICATION FACILITIES AND UTILITY
TOWERS
3.26.1 All utility towers, facilities and visible accessory equipment shall meet the minimum setback
requirements of the district in which it is located. Guy wires and other supporting structures shall be a
setback a minimum of 2.00 m (6.56 ft) from any lot line.
3.26.2 An applicant for a communication tower and facility shall consider the visual impact of the
development on the local surroundings, including the physical appearance and height of the tower. The
Development Officer may limit tower height or design based on visual impact considerations.
38
3.26.3 All utility towers and facilities shall be designed to blend in with the surrounding environment, except
where prevented by aeronautical safety requirements.
3.26.4 The applicant shall demonstrate that consideration has been given to minimize the risks to birds,
including that new towers should be located away from wetlands or other known areas of high bird
concentrations or along bird migratory routes; tower heights should be kept as low as possible to avoid
lighting requirements; placing daytime visual markers on guy wires; and selecting lighting that has been
shown to be less of an attractant to birds.
3.26.5 All buildings, structures and visible equipment accessory to utility towers and facilities should be
architecturally compatible with the surrounding environment. Use of appropriate vegetation and
screening is encouraged.
3.26.6 Satellite dishes, antennas and all structural supports shall be located on the same site as the intended
signal user.
3.26.7 No equipment or process shall be used which creates visual or audible electrical interference in any
radio or television receiver off the premises, or which causes fluctuations in line voltage off the
premises.
3.26.8 Except in the Industrial Zone, no advertising shall be allowed on a satellite dish nor shall the antenna be
illuminated.
3.26.9 A satellite dish that is larger than 1.00 m (3.28 ft) in diameter shall not be located on a roof except for
multiple-unit residential and non-residential buildings, subject to the discretion of the Development
Officer.
3.26.10 When communication towers and facilities become obsolete and / or damaged and unrepaired, they
shall be immediately removed, and the development site reclaimed.
3.27 STORAGE OF MATERIALS
3.27.1 During the period a development permit is in effect, temporary storage of building materials shall be
permitted in any yard of any lot, in all zones.
3.27.2 In any residential zone, no person shall keep, store or permit to accumulate outside and unscreened,
any objects, chattels, goods or materials for a period of 14 days or more, which, in the opinion of the
Development Officer, are unsightly, out of character with the residential character of the zone, or by
their nature and location, diminish the reasonable use and enjoyment of neighbouring properties.
3.27.3 No person shall permit to accumulate, stockpile, keep or store on any lot, or in any building or
structure, rubbish, building materials, fluids, machinery or other goods and chattels, in such quantities
that in the opinion of the Development Officer, they pose a potential fire risk, nuisance or hazard to
the physical health and safety of adjoining property owners or the public at large.
3.28 STORAGE FACILITIES FOR HAZARDOUS GOODS
3.28.1 All above-ground storage vessels for liquified petroleum gases and flammable liquids shall:
a) Be considered as an Accessory Use to a primary use within an industrial site;
b) Obtain a storage permit from the Yukon Government;
c) Notwithstanding the setbacks as outlined in the specific industrial land use district, be a minimum
of 3.00 m (9.84 ft) from all side and rear lot lines.
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3.28.2
The Development Officer may require a above-ground storage vessel for liquified petroleum gases and
flammable liquids to be adequately screened from view of adjacent properties or roads through the
use of vegetation, berming, or fencing.
3.29 TEMPORARY STRUCTURES
3.29.1 A temporary building or structure may be erected on a lot that is being developed for a period of time
that does not exceed the duration of the construction process, or the length of time provided in the
development permit, whichever is less, for the purposes of storage or as a temporary dwelling.
3.30 MOVING OF STRUCTURES
3.30.1 No person shall move a building, structure or a non-C.S.A. approved mobile home off or onto a lot
without obtaining a development permit.
3.30.2 Any relocated building or structure must be brought up to current National Building Code standards or
C.S.A. standards or both, as applicable, upon relocation.
3.31 SUBDIVISION
3.31.1 Where the development of land involves a subdivision of Land, no development permit shall be issued
until the proposed subdivision has been approved in accordance with the Subdivision Act and
Regulations thereto.
3.32 LANDSCAPING
3.32.1 The Development Officer may require a site landscaping and screening plan to be included in a
development permit application for multiple family housing, commercial, industrial and institutional
developments.
3.32.2 Plant materials shall be hardy to the region and to the location of the site in which they are planted.
3.32.3 Existing trees and large shrubs on a site shall be preserved, protected or replaced where possible.
3.32.4 Any area required to be landscaped may, at the discretion of the Development Officer, be left in its
natural state or be landscaped with a combination of hard and soft landscaping materials to enhance
and complement the appearance of the development.
3.32.5 Where a landscaping plan is required, no landscaping work shall be commenced until the landscaping
plan is approved by the Development Officer; and shall include the following:
a) Boundaries and dimensions of the site;
b) Adjacent land uses;
c) Location and name of adjacent roads, lanes, driveway entrances, sidewalks and trails;
d) Footprint and dimensions of all buildings;
e) Location of any utilities or right-of-ways;
f) Pedestrian circulation and open space systems;
g) Location and description of any existing or proposed physical features such as fences, berms,
retaining walls, outdoor furniture, decorative paving, water features;
h) Location and description of any hard landscaping materials such as rocks or mulching;
40
i)
Location and description of any existing or proposed plant materials, identifying plant common and
botanical name, quantity and size at planting; and
j)
Site area proposed to be landscaped, and percent of site coverage.
3.32.6 At the discretion of the Development Officer, a landscaping plan may be required to be stamped by a
registered Landscape Architect.
3.32.7 The Development Officer may require as a condition of a development permit or development
agreement that the developer provides a landscaping security deposit, and that the security deposit
shall only be returned in full to the developer upon completion of the landscaping according to the
approved plan, to the satisfaction of the Development Officer.
3.32.8 The owner of a property, or any successors or assignees, shall be responsible for landscaping and
proper maintenance for the life of the development. In the event that planting materials in an
approved landscaping plan fail to survive, the Development Officer may require or approve alternate
planting materials.
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PART 4 DEVELOPMENT PERMITS
4.1
DEVELOPMENT PERMIT REQUIRED
4.1.1
Except as provided for below, no person shall commence and undertake any development unless:
a) A development permit has been first issued pursuant to this bylaw; and
b) The development is proceeded with in accordance with the terms and conditions of the
development permit.
4.1.2
In addition to Subsection 4.1.1, a development permit is required for:
a) The removal of topsoil, gravel and other surface materials for the preparation of a lot for
development;
b) The cutting of and/or removal of trees by individuals prior to those individuals having title to the
property in question, or where such work is a prelude to construction that would require a
development or building permit;
c) Excavation for the purposes to accommodate construction, and drainage work, driveways and the
placement of culvert materials; and
d) Any developments requiring a variance, such as a setback requirement, building height, etc.
4.2
DEVELOPMENT PERMIT NOT REQUIRED
4.2.1
No development permit is required for the following developments provided that such developments
comply with all provisions of this bylaw and other applicable legislation:
a) Routine maintenance, minor repairs, and/or alterations to any building or structure provided that
such work does not change the use or intensity of use of the building or structure;
b) Residential construction for which there is no change in use or intensity of use;
c) Commercial uses in non-residential zones for which there is no change in use or intensity of use;
d) Erection of any fence, wall or gate not exceeding the height specified in the applicable zone, or any
canopy or awning not overhanging public property;
e) Use of premises as a temporary polling station, Returning Officer's headquarters, candidate's
campaign office and any other official temporary use in connection with a Federal, Territorial,
School Council, or Village election, referendum or census;
f) Erection, repair and replacement of television and other minor communication related structures
such as aerials, towers and satellite receivers/dishes in non-residential zones;
g) Installation, maintenance or repair of public infrastructure;
h) Erection of temporary structures, except dwelling units, incidental to construction, maintenance or
alteration of a building or structure for which a development permit has been issued;
i)
Landscaping, including private walkways, pathways and driveways, where the existing grade and
surface drainage pattern is not materially altered and will not create off-site impacts;
j) Demolition of a building or structure under 10.00 m2 (107.64 ft2) GFA, except a designated heritage
structure;
42
k) Construction, maintenance and repair of private walkways, pathways and driveways;
l)
Completion of a building which was lawfully under construction at the date on which this bylaw
came into full force and effect provided that the building is completed in accordance with the
terms of any permit granted by the Village and the building is completed within 24 months of the
date on which this bylaw came into full force and effect; and
m) Erection and use of signs.
4.3
APPLICATION
4.3.1
Every application for a development permit shall be made in writing on the form prescribed by the
Development Officer and signed by the registered owner of the affected property or their authorized
agent.
4.3.2
An applicant for a development permit shall pay a non-refundable processing fee, as set by Council.
4.3.3
Every application shall include:
a) The legal description of the property and civic address if available;
b) A statement of the existing and proposed uses;
c) An illustration acceptable to the Development Officer, showing at a minimum:
(i) lot lines with dimensions;
(ii) location of existing and proposed buildings or structures;
(iii) location of any existing and proposed on-site water and wastewater systems including
wells, septic tanks and disposal fields;
(iv) location of any existing and proposed utility connections including power, water and
wastewater systems;
(v) location of any existing and proposed access and parking areas; and
(vi) setbacks and site coverage
4.3.4
The Development Officer may require the following additional information to make an informed
decision:
a) A detailed site plan specifying the location of existing and proposed site features (e.g., fences,
buildings, accessory structures, power poles, trees, slopes and watercourses), parking and loading
areas, building heights and dimensions and existing and proposed building and lot grades;
b) Floor plans of each level and elevation drawings of each side of proposed buildings, including
building height measurements and number of storeys;
c) A geotechnical evaluation of the site to confirm slope stability; appropriate top-of-bank, lakeshore,
and watercourse setbacks;
d) Evidence of site suitability for an on-site wastewater system;
e) Evidence of access to the property from a legal right-of-way;
f) A drainage plan illustrating site topography and drainage details including directions of discharge,
percentage of grades, swales, ditches and connections to storm mains;
43
g) A landscape plan showing existing and proposed physical features including turf areas, trees,
shrubs, planting beds, walls, fences, signage, site furnishing, and hard surfaces; site grading, areas
of fill and drainage, existing and future tree locations, and related features to improve the
appearance of the development (or screen its activities);
h) A landscape reclamation plan where the nature of the proposed development will significantly
alter the landscape, or the proposed use has a limited life span;
i)
An environmental impact assessment where the magnitude or type of use may have off-site
implications of a short or long-term duration by virtue of the nature of the activity proposed;
j) Written confirmation that satisfactory arrangements have been made for access, the supply of
services such as water, electricity or wastewater disposal and garbage pick-up;
k) Comments from the Yukon Government, regarding any development within 1 kilometre of the
airport.
l)
A surveyor's certificate; and
m) Any other technical report that may be requested by the Development Officer to adequately
evaluated the application.
4.3.5
An application for a development permit shall not be considered complete until all the requirements of
this section of the bylaw have been met to the satisfaction of the Development Officer.
4.3.6
If the Development Officer determines that the application is incomplete, a notice shall be issued to
the applicant advising of any missing requirements. If these requirements are not submitted within 3
months the application shall expire.
4.4
DECISION
4.4.1
Upon receipt of a complete development permit application, the Development Officer shall within 30
days:
a) Approve the application;
b) Approve the application subject to imposing conditions considered necessary; or
c) Refuse the application, stating the reasons for the refusal.
4.4.2
Where a Development permit application has been referred to external authorities or agencies for
comments, the Development Officer may defer a decision beyond 30 days.
4.4.3
The Development Officer shall approve all applications for a permitted use upon the application
conforming in all respects to the provision of this bylaw and may impose conditions to ensure
compliance with this bylaw.
4.4.4
A permit application shall be refused when it is determined by the Development Officer that:
a) Property taxes or other municipal fees and charges associated with the property are overdue;
b) There is no access to the property from a legal right-of-way that is necessary for the proper
operation of the development;
c) Power, water and wastewater systems necessary for the proper operation of the development are
not available; or
d) The proposed development requires a subdivision of land.
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4.4.5
When an application is refused by the Development Officer, another application on the same site for
the same or similar use as that previously applied for, shall not be accepted from the same or any
applicant until at least six months after the date of refusal or final appeal, as the case may be.
4.4.6
Subsection 4.4.5 shall not apply in the case of an application for a Development permit if the new
application is for a use that complies with the regulations of this bylaw.
4.4.7
An application for a development permit that is received in its complete and final form prior to the
effective date of this bylaw shall be decided upon within 90 days of this bylaw coming into effect, and
no time extension shall be granted to any development permit issued under this section for which
development has not commenced within 12 months.
4.4.8
As per the Municipal Act, within five working days after a decision on a development permit
application, the Development Officer shall send a notice of the decision to the applicant. In the case of
a refusal, the notice of decision shall state the reasons for refusal and advise the applicant on the
process and the right to appeal.
4.5
CONDITIONS
4.5.1
When a development permit has been approved, the development permit shall not be valid until the
decision is issued in writing by the Development Officer.
4.5.2
A development permit is not valid where an appeal is made to Council until the Development Officer
has approved the permit as directed by Council.
4.5.3
When issuing a permit, the Development Officer may impose any conditions required to ensure
compliance with this bylaw including satisfactory arrangements for the supply of necessary power,
water and wastewater systems.
4.5.4
When a development permit has been issued, the permit shall not be valid until the conditions of the
permit, save those of a continuing nature, have been fulfilled.
4.5.5
If the development authorized by the development permit is not commenced within 12 months from
the date of issue, or any associated construction not carried out with reasonable diligence, the permit
is deemed void.
4.5.6
Notwithstanding Subsection 4.5.5, the applicant may request an extension prior to the expiry date by
notifying the Development Officer in writing indicating the reasons for the extension request. The
Development Officer may grant, reject or approve the extension with conditions based on the merits of
the case. Such an extension may only be granted once.
4.5.7
When a development permit expires, a new application is required. Such application shall be dealt with
as a first application and the development approving authority shall be under no obligation to approve
it on the basis that a previous permit had been issued.
4.5.8
The person to whom a development permit has been issued shall, during construction, keep in a
conspicuous place on the site a copy of the approved development permit, including a copy of all
approved drawings and specifications for inspection by the Development Officer.
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4.6
APPEALS
4.6.1
Any person who is aggrieved by a decision of the Development Officer or the Board of Variance as the
case may be under this bylaw, may appeal in writing to Council within 30 days of that decision by filing a
written notice of appeal using the form provided and paying the applicable processing fee.
4.6.2
Council shall schedule a hearing of the appeal within 30 days of filing following the procedures set out in
the Municipal Act. The decision of Council is final and binding on all parties.
4.7
VARIANCES
4.7.1
A Board of Variance is established in accordance with the Municipal Act. The Board of Variance shall
consist of not less than three members, none of whom are members of Council, to review and make
decisions on applications made to it.
4.7.2
The Chairperson of the Board of Variance shall be selected by its members. The Chairperson shall sign all
notices of decision and other documents on behalf of the Board. In their absence, such documents may
be signed by one of the members present at the hearing to which they apply.
4.7.3
A majority of the members of the Board of Variance shall constitute a quorum. Only those members
present may vote and a majority decision of the members present constitutes the decision of the Board.
4.7.4
Pursuant to the Municipal Act, a person may apply to the Board of Variance for a variance or exemption
from an Official Community Plan or Zoning Bylaw if there are practical difficulties or unnecessary
hardships in meeting the requirements of the Official Community Plan or Zoning Bylaw because of the
exceptional narrowness, shortness, shape, topographic features, or any other unusual condition of the
property.
4.7.5
Within 30 days of receipt of a completed application and payment of the non-refundable processing fee,
as set by Council, the Board of Variance shall hold a hearing respecting the variance request and approve,
disapprove or approve with conditions an application that in its opinion will preserve the purposes and
intent of the Official Community Plan and Zoning Bylaw.
4.7.6
The Board of Variance shall give at least 14 days notice of the public hearing date, in writing to the
applicant, the Development Officer, all landowners within 30.00 m (98.40 ft) of the development and
other such persons as the Board of Variance specifies.
4.7.7
The Development Officer shall act as Secretary to the Board of Variance and perform the following duties:
a) organizing the public hearing within 30 days of receipt of filing of an application and payment of a non-
refundable processing fee;
b) publicly posting notice on the municipal office bulletin board and other prominent locations within the
community the date of the public hearing at least 14 days in advance;
c) notifying property owners within a 30.00 m (98.40 ft) radius of the affected location; and
d) preparing and maintaining a written record of the proceedings and issuing a Notice of Decision to the
affected parties and all interveners outlining the Board's decision and rationale within 5 working days
of the public hearing.
4.7.8
The Board of Variance shall make available for public inspection before the commencement of the public
hearing all relevant documents and materials respecting the variance.
4.7.9
At the public hearing, the Board of Variance shall hear:
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a) the person requesting the variance or any person acting on their behalf;
b) the Development Officer or a person designated to act on their behalf;
c) any other person who was served with notice of this public hearing and who wishes to be heard or a
person acting on his/her behalf; and
d) any other person that the Board of Variance agrees to hear or a person acting on their behalf.
4.7.10 The Board of Variance shall give its decision in writing together with the reasons for the decision within
five days of the conclusion of the public hearing. In determining a decision, the Board of Variance shall
not approve an application for a variance if:
a) the unusual condition is the result of the applicant's or the property owner's action;
b) the adjustment requested would constitute a special privilege inconsistent with the restrictions on the
neighbouring properties in the same district;
c) the variance or exemption would be contrary to the purposes and intent of the Official Community
Plan or Zoning Bylaw and injuriously affect the neighbouring properties; or
d) the variance or exemption would allow a change to a use that is not similar to a permissible use in the
area.
4.8
DEVELOPMENT AGREEMENTS
4.8.1
The Development Officer, or Council in the case of an appeal, may require the applicant to enter into a
Development Agreement with the Village to cover the terms and conditions set out in the development
permit that are deemed necessary to ensure compliance with this bylaw, the Official Community Plan,
and the Municipal Act.
4.8.2
A Development Agreement may contain contractual arrangements as to any, or all, of the following:
a) The use of the lot in relation to any existing or proposed buildings or structures including the
preservation of buildings and structures;
b) Any requirements for flood-proofing, environmental setbacks or waivers of municipal liability
relating to known potential hazards;
c) Land dedicated for public use, in compliance with the Yukon Municipal Act;
d) The timing and nature of development including such matters as siting, drainage, grading, building
height and dimensions, facade treatment, landscaping, screening, parking and access;
e) The extension, construction, or replacement, in whole or in part, of roads, sidewalks, street
lighting, storm drainage, water supply distribution, garbage and sewage disposal;
f) The provision of on-site recreation or other amenities to serve the development; and
g) The levying of a fee in lieu of otherwise providing for any of the matters mentioned in the sub-
clauses above.
4.8.3
Pursuant to the Municipal Act, Council may require the Development Agreement to be registered in
the Land Titles Office, and any agreement as registered shall have the force and effect of a restrictive
covenant running with the land.
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PART 5 AMENDMENT
5.1
PROCEDURE
5.1.1
Council may initiate any text or map amendments to this bylaw.
5.1.2
Any person may apply for an amendment to the text of this bylaw by submitting the required
application to the Development Officer in writing along with the required fee and submitting a written
statement that describes and justifies the proposed amendment.
5.1.3
A property owner, or their authorized agent, may apply to make a zoning amendment to their property
by submitting the required application to the Development Officer in writing along with the required
fee and providing:
a) Documentation of ownership or authority to act on behalf thereof; a written statement of
justification including a location map showing the proposed change in the context of adjacent land;
b) Permission for the Development Officer to enter onto and inspect the property; and such other
information as the Development Officer deems necessary to prepare an evaluation of the request
with a recommendation to Council.
5.1.4
Upon receipt of a completed application for a text amendment or map amendment, a Development
Officer shall initiate or undertake an investigation and analysis of the potential impacts of development
under the proposed zone. The analysis shall be based on the full development potential of the uses and
development regulations specified in the proposed zone and not on the merits of any particular
development proposal.
5.1.5
The analysis shall, among other factors, consider the following criteria:
a) Relationship to, and compliance with, the OCP and other approved municipal plans and Council
policies;
b) Relationship to, and compliance with, municipal plans in preparation;
c) Compatibility with surrounding development in terms of land use function and scale of
development;
d) Traffic impacts;
e) Relationship to, or impacts on, services (such as water and sewage systems), utilities, and public
facilities (such as recreational facilities and schools);
f) Relationship to municipal land, rights of way, or easement requirements;
g) Effect on the stability, retention, and rehabilitation of desirable existing uses, buildings, or both in
the area
h) Necessity and appropriateness of the proposed text amendment or re-zoning according to the
stated intentions of the applicant;
i)
Analysis of any documented concerns and opinions of area residents and landowners regarding the
application.
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5.1.6
Subsequently, the Development Officer shall:
a) Prepare a report on the proposed amendment; and
b) Submit a copy of the application and the Development Officer's recommendation and report to
Council for decision.
5.1.7
Before approving a text, map or site rezoning amendment request, Council shall comply with those
requirements and notification procedures set out in the Municipal Act.
5.1.8
When an application for an amendment to this bylaw has been refused by Council, another application
for the same, or substantially the same, amendment shall not be submitted within 12 months of the
date of refusal unless Council directs otherwise.
PART 6 ENFORCEMENT
6.1
GENERAL
6.1.1
A Development Officer or the Chief Administrative Officer may enforce the provisions of this bylaw.
6.1.2
All enforcement activities of a Development Officer as provided pursuant to the Municipal Act, this
section, or any other section of this bylaw, may be commenced simultaneously.
6.2
OFFENCES
6.2.1
Any person who contravenes, causes, or permits a contravention of this bylaw, commits an offence.
6.2.2
Any person who owns, occupies, or uses land, constructs a building or structure, or makes an addition
or alteration thereto for which a development permit is required but has not been issued; or is in
contravention of a condition of a development permit issued under this bylaw, commits an offence.
6.3
RIGHT OF ENTRY
6.3.1
After reasonable notice to the owner or occupant, a Development Officer or any other authorized
Village representative may enter onto any land or into any building or structure at any reasonable time
in order to conduct an inspection to ascertain compliance with this bylaw.
6.3.2
No person shall interfere with or obstruct the entry of a Development Officer or any authorized Village
representative onto any land or into any building or structure to which entry is made or attempted
pursuant to the provisions of this bylaw.
6.3.3
Where entrance into or upon any property within the Village is refused, a Judge, upon application
made on behalf of council, may by order require the occupier of the property to admit a Development
Officer or any authorized Village representative into or upon the property for the purpose of an
inspection under section 6.3.1.
6.3.4
An order made by a Judge under this section continues in force until the purpose for which it was made
has been fulfilled.
6.4
NOTICES
6.4.1
Once a Development Officer has found a violation of this bylaw, a Development Officer or the Chief
Administrative Officer may notify the owner of the property, the person in possession of the land or
development, and/or the person responsible for the violation, by:
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a) delivering either in person, by email, ordinary mail or a Notice of Violation; and
b) posting the notice in a conspicuous location on the site.
6.4.2
Such Notice of Violation shall state:
a) the nature of the violation of this bylaw;
b) the scope of the corrective measures required to comply with this bylaw; and
c) the time limit within which such corrective measures must be performed.
6.4.3
A Development Officer is not required to issue a Notice of Violation before commencing any other
enforcement action under the Municipal Act or this bylaw.
6.5
REFUSAL, SUSPENSION OR REVOCATION OF PERMIT
6.5.1
A Development Officer may refuse to issue, suspend, or revoke a development permit where:
a) the applicant fails to comply with the conditions of the issuance of the permit;
b) any person undertakes or causes or allows any development on a site contrary to the terms or
conditions of a permit;
c) any person fails to complete the corrective measures described in a Notice of Violation issued
pursuant to section 6.4; or
d) the permit was issued in error.
6.5.2
If at any time it appears to the Development Officer that a development is not being carried out
according to the terms of the permit, or that a development permit has been obtained by fraud or
misrepresentation, the Development Officer may stop the development and may revoke, suspend or
modify the original Development permit.
6.6
OFFENCE TICKETS
6.6.1 Where a person has contravened a provision of this bylaw, or if the corrective measures described in a
Notice of Violation issued pursuant to section 6.4 are not completed within the specified time, or if
development continues after a permit has been revoked, the person to whom the Notice of Violation
was issued may be issued an offence ticket by a Development Officer or the Chief Administrative Officer
in the amount specified in section 6.10.2.
6.6.2 The offence ticket shall specify the alleged offence committed, the person to whom the offence ticket is
issued, and require payment of the penalty by a specified date.
6.6.3 The offence ticket shall be served personally or by registered mail on the person identified in section
6.4.1.
6.6.4 A separate offence shall be deemed to be committed on each day during or on which a violation occurs
or continues.
6.6.5 Any person who contravenes the same provision of this bylaw within twelve months after the date of
the first contravention is liable to the specified penalties for such second or subsequent offence in the
amount set out in section 6.11
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6.7
REPORT TO COUNCIL
6.7.1 Where a Development Officer is satisfied that there is a continued contravention of this bylaw, a
Development Officer may elect to report such a contravention to Council in a timely manner if it appears
the contravention will not be corrected in a timely manner.
6.7.2 Council may, on finding that any development or use of land or buildings is in contravention of this bylaw:
a) direct the Development Officer to act on the matter in accordance with section 6.8;
b) suspend or revoke a development permit with respect to the contravention; and
c) apply to the court for an injunction to restrain the contravention.
6.8
ORDERS
6.8.1 A Development Officer or the Chief Administrative Officer may issue to the owner of the property, the
person in possession of the land or buildings, or the person responsible for the contravention, a written
order to comply with the provisions of this bylaw.
6.8.2 The order may:
a) direct a person to stop doing something or to change the way in which the person is doing it;
b) direct a person to take any action or measure necessary to remedy the contravention of the Act or
bylaw, including the removal or demolition of a structure that has been erected or placed in
contravention of a bylaw and, if necessary, to prevent a reoccurrence of the contravention;
c) state a date and time by which the person must comply with the directions;
d) state that if the person does not comply with the directions within the specified time, the
municipality will take the action or measure at the expense of the person; and
e) state that a person who receives a written order may request that Council review the order within
14 days after the date the order is received. After reviewing the order, Council may confirm, vary,
substitute, or cancel the order.
6.8.3 This order shall be delivered by registered mail or be personally served on the person described in section
6.4.1.
6.9
MUNICIPALITY REMEDYING CONTRAVENTION
6.9.1 Where a person fails or refuses to comply with the order issued under section 6.8, a Development Officer
may take such action as is necessary to enforce the order.
6.9.2 The costs and expenses incurred by the Village in carrying out an order shall be placed on the tax roll as
an additional tax against the property concerned, and that amount shall be collected in the same manner
as taxes on the land.
6.10 PENALTIES
6.10.1 Any person who commits an offence under section 6.2 is, upon summary conviction, liable to a fine as
specified in the Summary Convictions Act.
6.10.2 Any person who commits an offence under this bylaw is, in addition to any other punishment, liable on
summary conviction to:
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a) a voluntary fine issued pursuant to Section 20 of the Summary Convictions Act and in respect of an
offence specified in section 6.11; or
b) a fine not exceeding ten thousand dollars ($10,000.00) or to imprisonment for six months or both
where proceedings are commenced pursuant to the summary convictions provisions of the Criminal
Code of Canada; or
c) a fine not exceeding five hundred dollars ($500.00) or to imprisonment for six months or both where
proceedings are commenced pursuant to section 9(1) of the Summary Convictions Act of the Yukon.
6.10.3 Where a person fails or refuses to comply with an Order pursuant to sections 6.2 and 6.8, that person is
liable on summary conviction to a fine of not more than $10,000 and, in the case of a continuing offence,
to a further fine not exceeding $2,500 for each day during which the offence continues.
6.10.4 In addition to the penalties provided for under section 6.10.2, a person convicted of an offence pursuant
to section 6.2 in respect to the use of land or buildings or development carried out in contravention of
this bylaw, may be ordered to remove such development and reclaim the site at that person's own
expense.
6.10.5 Should any person owning or occupying real property within the Village refuse or neglect to pay any
penalties that have been levied pursuant to this bylaw, the Development Officer may inform such person
in default that, if these charges are unpaid on the thirty-first day of December on the same year, these
shall be added to and form part of the taxes payable in respect of that real property as taxes in arrears.
6.11 SCHEDULE OF FINES
6.11.1 A voluntary fine under section 20 of the Summary Convictions Act RSY 2002, Chapter 210, issued in
respect of an offence, shall be increased for second and subsequent offences as specified herein:
Description of Offence
Penalty
Fail to comply with Zoning Bylaw regulations*
$250.00
Fail to comply with Zoning Bylaw regulations (2nd or subsequent offence) *
$500.00
Fail to obtain development permit
$250.00
Fail to obtain development permit (2nd or subsequent offence)
$500.00
Fail to comply with an Order*
$250.00
Fail to comply with an Order (2nd or subsequent offence) *
$500.00
Fail to comply with permit conditions
$250.00
Fail to comply with permit conditions (2nd or subsequent offence)
$500.00
Fail to comply with Notice of Violation
$250.00
Fail to comply with Notice of Violation (2nd or subsequent offence)
$500.00
Fail to grant right of entry
$250.00
Fail to grant right of entry (2nd or subsequent offence)
$500.00
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PART 7 DEFINITIONS
7.1
RULES OF INTERPRETATION
Words used in the present tense shall include the future tense. The singular includes the plural, the word 'person'
includes a corporation as well as an individual. The term 'shall' is always mandatory. The word 'used' or 'occupied'
as applied to any land or building shall be construed to include the words 'intended, arranged, or designed to be
used or occupied'.
Typical uses listed as examples in the definitions are not intended to be exclusive or restrictive. Intent, impact, and
definition of the use, among others, will be considered when determining whether a use is permitted.
When a specific use does not conform to the wording of any use definition, or generally conforms to the wording of
two or more definitions, the Development Officer will use discretion to deem that the use conforms to, and is
included in, that use which is considered to be most appropriate in character and purpose.
7.2
GENERAL DEFINITIONS
For the purpose of this Bylaw, certain terms or words herein shall be interpreted or defined as follows:
ABATTOIR means a facility licensed by Government of Yukon to provide inspected slaughter services.
ABUT means to have a common boundary, to border on.
ACCESSORY when used to describe a use, building, or structure means a building, structure or use of which is
ancillary or subordinate to that of the principal use on the lot and exclusively devoted to the principal use or
building and located on the same lot or site.
ADJACENT means contiguous or would be contiguous if not for an easement, right-of-way, road, and/or natural
features.
AGRICULTURAL SUPPLY AND SALES means the use of land and premises for retail sale of lawn and garden
equipment, furnishing, nursery materials and supplies.
AGRICULTURE PROCESSING means a use for storage and upgrading of agricultural products for distribution or sale
through value added processes such as mixing, drying, canning, fermenting; applying temperature, chemical,
biological or other treatments to plant matter, the cutting, smoking, aging, wrapping and freezing of meat, or
similar production methods. This use does not include Agriculture (Intensive or Regulated), Cannabis Cultivation or
Cannabis Processing.
ALCOHOL PRODUCTION means a use where beer, spirits and other alcoholic beverages are manufactured that may
have a private hospitality area where products made on the premises are provided to private groups for tasting and
consumption as a Special Event and are sold to the public for consumption on the premises and that may include
the retail sale of products. Typical uses include breweries, distilleries, wineries, and meaderies.
ANIMAL CLINIC/HOSPITAL means a use where the principal use is to provide medical treatment and/or
hospitalization to animals/livestock. Boarding services may be provided on-site.
ANIMAL means animal as defined in the Animal Control Bylaw and amendments thereto.
ANIMAL SHELTER means the use of land or premises for the temporary care of lost, abandoned, or neglected
animals.
APIARY means facility for keeping bees.
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ASSEMBLY means a use providing for the assembly of persons for religious, charitable, philanthropic, cultural,
rehabilitative, private recreational or private educational purposes. Typically, assembly would occur at
auditoriums, youth centres, social halls and group camps.
AVIATION means an aerodrome/airport and includes hangars, storage and maintenance facilities, aviation
service facilities, terminal buildings and heliports.
AVIATION-RESTRICTED means a helipad and related emergency response activities, including fire suppression
and pre fire suppression.
BAKE SHOP means a facility where bread, pies, cakes or other bakery goods are produced for wholesale to
retail outlets and includes the retail outlets where such products are sold.
BAND STANDS means circular, semicircular or polygonal structure designed to accommodate bands performing
musical concerts.
BED AND BREAKFAST means an accessory use of the operator's principal residence for commercial purposes, in
which temporary overnight accommodation and breakfast is provided for less than 30 consecutive days at a time.
BOARD OF VARIANCE means the Village of Haines Junction Board of Variance, established in accordance with the
Municipal Act.
BOARDING OR BREEDING FACILITY means land and premises used for the business of breeding, buying,
selling, or boarding of animals, excluding livestock.
BROADCASTING AND RECORDING means the production and / or broadcasting of audio or visual programming
typically associated with radio, television, and motion picture studios.
BUILDING HEIGHT means the maximum vertical distance as measured from the average ground level elevation
from the base of the exterior wall at that point, to the highest point of the building. The calculation of building
height excludes a roof stairway entrance, an elevator housing, heating or ventilation equipment, flush-mounted
solar collectors, a skylight, a steeple, a chimney, a smokestack, a flagpole, a firewall, guardrail, or similar feature
or device not structurally essential to the building that is less than 1.0 m (3.28 ft) in added height, see Figure 3.
Figure 3 - Building Height Calculation
BUILDING means any structure having a roof supported by columns or walls and intended for the shelter, housing or
enclosure of persons, animals or chattels.
BULK FUEL STORAGE means the premises used for the storage, sales, and distribution of bulk fuel products mainly
for commercial and / or industrial purposes.
54
BUS TERMINAL means a facility where buses, that are mainly transporting people, and goods associated with
those people, arrive and depart.
CAMP-SITE means a site occupied and maintained, or intended to be occupied and maintained, for the
temporary accommodation of tourists, or temporary and / or seasonal workers, in trailers, or tents, which is
operated for the purposes of financial gain, but does not include a motel, hotel or hostel.
CAR WASH means a building or part of a building used for the washing of motor vehicles.
CARE FACILITY, CLINIC means a use where the principal use is to provide medical and health care services on an
outpatient basis only. Typical uses include medical and dental offices, health care clinics, pre-natal clinics and
counseling services.
CARE FACILITY, GROUP means a use where individuals who are either disabled or in need of supervision reside on a
temporary or long-term basis, in accordance with their individual needs. Typical uses include foster or boarding
homes for children, group homes, family homes and long-term care facilities.
CARE FACILITY, MEDICAL means a development providing room, board, and surgical or other medical treatment for
the sick, injured, or infirm including out-patient services and accessory staff residences. Typical facilities would
include hospitals, sanitariums, convalescent homes, psychiatric hospitals, auxiliary hospitals, and detoxification
centres.
CARE FACILITY, SENIORS means a use where accommodation with moderate care provisions for residents in a
congregate setting. Residents do not require continuous access to professional services or on-site professional
services. Room and board services, light housekeeping services, twenty-four (24) hour availability of assistance and
oversight with personal care and social and recreation support may be provided. Typical uses include lodges and
senior homes.
CEMETERIES AND FUNERAL SERVICES means development for the burial of the deceased and may include such
facilities as crematories, cineraria, columbaria, mausoleum, memorial parks, burial grounds, cemeteries, and
gardens of remembrance.
CHILD CARE CENTRE means a facility for the provision of a childcare centre program pursuant to the Child Care
Act and current amendments thereto.
CIVIC USE means a use providing for public functions under the auspices of government body. It includes
offices, municipal offices, public schools and colleges, education facilities, public hospital, community centres,
libraries and archives, museums, police stations, fire stations, correctional institutions, jails and prisons, and
courts of law.
COMMERCIAL AND RESIDENTIAL MIXED USE means a building that has commercial uses located on the ground
floor and residential dwelling units located on the upper floors or on the ground floor behind commercial uses.
COMMERCIAL means for trade or financial gain.
COMMERCIAL RECREATION means a recreation facility that is privately operated for the purposes of financial
gain, that also operates indoors. This could include facilities such as pool halls, arcades, private clubs, bingo
halls, theatres, miniature golf, a driving range, go carts, etc.
CORNER LOT means a lot at the intersection of two or more roads and/or highways.
COUNCIL means the Municipal Council of the Village of Haines Junction.
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DECK means a structure more than 0.60 m above grade without a roof or walls, except for visual partitions and
railings, used as an outdoor amenity area.
DENSITY means the number of Dwelling Units on a site expressed in units per hectare (uph).
DEVELOPMENT means the carrying on of any construction or any other operation in, on, over or under any land
or the making of any change in the use of the land, building or premises.
DEVELOPMENT OFFICER means a person appointed by Council to administer and enforce this bylaw.
DEVELOPMENT PERMIT means a certificate to allow development and includes the documents on the basis of.
DRIVE-IN OR DRIVE-THRU BUSINESS means a facility providing on-site service to customers while in their
motor vehicles or the use of land and premises to park their vehicles for a short period for the purpose of
doing business on-site.
DUPLEX means a building that is divided horizontally or vertically into two separate dwelling units. The units may or
may not be registered on the same title. Each dwelling unit has its own independent entrance.
DWELLING UNIT means one or more rooms for the use of one household as a residence containing cooking,
living, sleeping and sanitary facilities.
Figure 4 - Illustration of Attached Dwelling, 3-Unit Rowhouse / Townhouse on Separate Lots
DWELLING, ATTACHED means a building designed and built to contain two or more Dwelling Units separated from
each other by a fire rated wall, with each having separate entrances, and for the purposes of this Bylaw, each is
located on a separate titled lot.
EDUCATION FACILITY means any facility where education is dispensed, as defined by the Education Act and
Yukon College University Act and current amendments thereto.
ENCLOSURE means an area screened from view by the surrounding streets and buildings. Enclosed spaces are
either within a structure or behind a screen of landscaping, perforated masonry, metal, or other materials.
EQUIPMENT SALES, SERVICE AND RENTALS means the use of premises for the sales, repair or rental of off-road
equipment, and/or machinery typically used in building roadway, pipeline, public works, and mining construction.
This excludes on-road vehicle rentals.
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EXHIBITION AND CONVENTION FACILITIES means a development that provides spaces for meetings, seminars
and conventions, product and trade fairs, and other exhibitions.
EXISTING means at the time of the passage of this bylaw.
FAIRGROUNDS means an open space or exhibition facility that provides permanent facilities for activities such
as entertainment, amusement facilities, educational displays, the barter and sale of goods, and exhibitions,
often competitive, of farm, household, international, and manufactured products.
FAMILY DAY-HOME means a facility for the provision of a family day home program pursuant to the Child Care
Act and current amendments thereto.
FARM means one or more parcels of land owned by or leased by a farmer, used for the purposes of
agriculture, and which may or may not be continuous. This use does not include Cannabis Cultivation or
Cannabis Processing.
FARM SALES means a use where the sale of farm products which are produced in the same farming operation takes
place.
FENCE means an artificially constructed barrier erected to enclose or screen a property or use.
GARAGE OR CARPORT means an accessory building or structure, or a part of the principal building, designed and
used primarily for the storage of motor vehicles of the occupants of the premises.
GARDEN means the use of land for cultivating or growing plants. This use does not include Cannabis Cultivation or
Cannabis Processing.
GENERAL CONTRACTOR SERVICES means premises used for the provision of building and general construction
services including landscaping, concrete, electrical, excavation, drilling, heating and plumbing, or similar
services of a construction nature which require on-site workshop, storage and warehouse space and includes
any sales, display, office or technical support service areas.
GOLF COURSE means a public or private area operated for the purpose of playing golf and includes tees, greens,
fairways, cart paths, driving range, open space, public trails and parks., clubhouse facilities and maintenance and
storage facilities.
GRADE means the ground elevation established for the purpose of regulating the number of storeys and the
height of a building. If the ground is not entirely level, the grade is to be determined by averaging the elevation
of the ground for the four elevations.
Figure 5 - Illustration of Grade Calculation
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GREENBELT means an area of non-developed land that is generally left in a natural state that may be used for
passive or active recreation, trails, or buffers.
GREENHOUSE means a building and/or structure used to grow plants and utilizes transparent covering to heat the
air and provide a more hospitable environment for growth. This use does not include Cannabis Cultivation or
Cannabis Processing.
GROSS FLOOR AREA (GFA) means the total floor area of a building within the exterior walls. This does not include
basement areas, parking areas below grade, and areas devoted exclusively to mechanical or electrical equipment
servicing the development.
HAZARDOUS GOODS STORAGE means a premise for the storage of chemicals in the Transportation of
Dangerous Goods Act.
HIGHWAY includes a street, road, lane, bridge, viaduct and any other way open to the use of motor vehicles but
does not include a private right-of-way on private property.
HOME BUSINESS means a use where business is conducted in a principal dwelling and/or its accessory building(s)
by an occupant for the purpose of financial gain. The home business is a secondary use of a dwelling unit and does
not change the residential appearance of the land and buildings with limited visits and employees on-site.
HOME INDUSTRY means a trade of a small-scale industrial nature, which is clearly accessory to the use of a
dwelling unit, such as but not limited to fabricating, light manufacturing, servicing and repairing, distribution,
assembly, wholesaling, and testing.
HOME OFFICE means an occupation, trade, profession or craft carried on by an occupant for the purposes of
financial gain which is a secondary use of a dwelling unit or to the residential use of a lot occupied by a
dwelling. The home office does not change the residential character of the site.
HORTICULTURE means the growing, producing and harvesting of fruit, vegetables, trees, shrubs and flowers
but does not include animals or animal products, for the purpose of financial gain. This use does not include
Cannabis Cultivation or Cannabis Processing.
INDUSTRIAL, SALVAGE means the use of land and premises for collection, demolition, dismantlement, salvage,
storage, recycling or sale of waste materials including scrap metal, abandoned vehicles, machinery and other
discarded materials. Typical uses are auto wreckers and junk yards.
LANDSCAPING means to change or modify the natural features of a site by adding lawns, trees, shrubs, ornamental
plantings, fencing, walks, drives, or other similar structures and materials.
LANDSCAPING OPERATION means a facility for growing materials for landscaping services including the
provision of such services and a plant nursery.
LICENSED PREMISES PURSUANT TO THE LIQUOR ACT means a facility that sells alcohol as regulated by The
Liquor Act, such as a liquor store or a beer vendor.
LIVESTOCK means livestock as defined in the Animal Control Bylaw and amendments thereto.
LOADING SPACE means an on-site parking space directly accessible from a street reserved for temporary parking
for the purpose of loading and unloading goods and materials.
LOT LINE means a line which marks the legal boundary of a lot (see Figure 6) and, in particular:
58
a) Front Lot Line means the lot line that divides the lot from a highway, excluding a lane. In the case of a
corner lot, the shorter lot line that abuts the highway shall be deemed to be the front lot line. In the case
of a through lot, the lot lines abutting two parallel or approximately parallel highways shall be considered
as front lot lines.
b) Rear Lot Line means the lot line opposite to and most distant from the front lot line or, where the rear
portion of the lot is bounded by intersecting side lot lines, it shall be the point of such intersection.
c) Side Lot Line means a lot line other than a front or rear lot line.
Figure 6 - Illustration of Lot Lines
LOT means the smallest unit as shown on the records of the Land Titles Office or which are described in a certificate
of title of land in which land is held or which land is subdivided. The words 'site' and 'parcel' shall have the same
meaning as the word 'lot'.
LOT WIDTH means the width of a lot where it abuts a highway except in the case of an irregular shaped lot where
the lot width shall be the width of the lot along the front yard setback, see Figure 7.
Figure 7 - Illustration of Lot
59
MAINTENANCE FACILITY means a facility for the servicing and repairing of commercial vehicles and
equipment, including vehicles and equipment used for public works.
MAINTENANCE means the upkeep of a building or property that does not involves structural change, the change of
use, or the change of intensity of use.
MANUFACTURING, LIGHT means the use of facilities for the construction, creation, or assembling of semi-finished
or finished goods, products or equipment that does not produce significant nuisance or environmental factors such
as noise, appearance, or odour that may interfere with the use of any contiguous lot.
MINOR AGRICULTURAL PURSUITS means a horticulture or agriculture operation which is for the personal use
and consumption by the residents and adheres to the Animal Control Bylaw.
MOBILE HOME means a transportable dwelling unit which has or had a self-contained chassis, meeting current
C.S.A. standards or equivalent, suitable for long-term occupancy and which, upon arriving at the lot or site for
location, is apart from the incidental operations such as placement on foundation supports and connection to
utilities, ready for occupancy; it does not include modular home or prefabricated dwelling, meeting current
C.S.A. standards or equivalent.
MOBILE HOME PARK means a parcel of land under one ownership which has been planned, divided into mobile
home plots and improved for the placement of mobile homes for permanent residential use. The minimum
plot size for a mobile home shall be 200.00 m2 (2,152.78 ft2).
MULTIPLE UNIT HOUSING means any physical arrangement of three or more dwelling units intended to be
occupied by separate households.
MUNICIPAL ACT means the Yukon Municipal Act and amendments thereto.
NATURAL RESOURCE DEVELOPMENT means the onsite removal, exploration, extraction, and primary
processing of raw materials that are found on or under the site or that are accessible from the site. Typical
uses include clay pits, gravel pits, placer mining, sandpits, bitumen, and topsoil stripping.
NON-CONFORMING BUILDING OR USE means any lawful building or use existing at the time of the adoption of
this Bylaw which does not or will not conform to all the provisions of this Bylaw.
NURSERIES means a building or structure where plants are propagated and grown to a desired size. This use does
not include Cannabis Cultivation or Cannabis Processing.
OFFENSIVE OR OBJECTIONABLE when used with reference to any use of any land, building or structure, means
a use which, from its nature or from the manner of carrying on same, creates or is liable to create, by reason of
noise, vibration, smoke, dust or other particulate matter, odour, toxic or noxious matter, radiation hazards, fire
or explosive hazards, heat, humidity or glare, or unsightly storage of goods, wares, merchandise, salvage, junk,
waste or other materials, a condition which, in the opinion of Council or Board of Variance (as the case may be),
may be or become hazardous or injurious as regards health or safety or which adversely affects the amenities of
the neighbourhood or interferes with or may interfere with normal enjoyment of any land, building or structure.
OFFICE means a facility for the provision of professional, management, administrative, consulting or financial
services, such as offices for clerical, secretarial, employment, and similar office support services; offices for
Care Facility, Clinic is not included.
OFFICIAL COMMUNITY PLAN means the Official Community Plan adopted by bylaw by the Municipality of Haines
Junction, and amendments thereto.
60
OUTDOOR AMPHITHEATRE means open-air venue used for entertainment, performances, and recreation
purposes.
OUTDOOR STORAGE means the storing, stock piling or accumulating of products, goods, equipment, vehicles, or
material in an area that is open or exposed to the natural elements; this does not include the outdoor storage of
commercial trucks and truck trailers.
OUTDOOR STORAGE, TRUCK means an industrial area of land set aside for the outdoor storage of commercial
trucks and truck trailers.
OVERNIGHT ACCOMMODATION means a facility where overnight accommodation is provided to the travelling
public and which may also contain commercial uses and such additional facilities or services as a restaurant, a
dining room, room service or public convention rooms. This could include hotels, hostels, or motels.
OWNER means the person who has the beneficial ownership of land and includes a lessee or purchaser by way
of Agreement of Sale.
PARK means an area of land consisting largely of open space which may include a recreational area,
playground, play field or similar use. Typically, parks are owned and maintained by the Municipality or another
public authority.
PARKING AREA OR LOT means an open area of land other than a street, or a building designed and used for
the parking of vehicles.
PARKING SPACE, OFF-STREET means an off-street area available for the parking of one motor vehicle, exclusive
of driveway, ramps, columns and office or work areas.
PERMITTED USE means the use of land, buildings, or structures for which an approval shall be obtained with or
without conditions where the use applied for conforms with this bylaw.
PERSONAL SERVICE ESTABLISHMENT means uses which provide personal services to an individual which are
related to the care and appearance of the body or the cleaning and repair of personal effects.
PLACES OF WORSHIP means a development owned by a religious organization used for worship and related
religious, philanthropic or social activities including accessory rectories, classrooms, and auditoriums. Typical
uses include churches, chapels, mosques, temples, synagogues, parish halls, convents, and monasteries.
PLAYGROUND means a non-commercial outside recreational facility for non-organized recreational use.
PRINCIPAL BUILDING means a building which contains the chief or main use on a lot and constitutes, by reason
of its uses, the primary purposes for which the lot is used.
PRINCIPAL USE means the chief or main use of the land, buildings and structures on a lot.
PRIVATE CLUBS AND LODGES means a facility used for the meeting, social or recreation activities of members
of non-profit, charitable, social services, athletic, business, or fraternal organization, with/without on-site
residences. Private clubs and lodges may include rooms for eating, drinking and assembly.
PRIVATE RIDING FACILITIES AND STABLES means a private facility for the training, exercising, and boarding of
horses. The arena shall not be used for horse shows, rodeos, or similar events to which there is a fee to participate
in or to use the facilities.
PROCESSING, LIGHT means the use of land or facilities for construction, creation, of assembling of products and
equipment, or the testing, refining, sampling, or preparing raw materials that do not produce significant nuisance
or environmental factors such as noise, appearance, or odour that may interfere with the use of any contiguous lot.
61
PUBLIC BUILDING means a building owned or occupied by a Municipal, First Nations, Territorial or Federal
governmental agency, which may or may not be accessible to the general public.
R.V. CAMPGROUND means a site occupied and maintained or intended to be occupied by recreational vehicles
being used by the transient public.
RECREATIONAL VEHICLE (R.V.) means a portable structure intended as a temporary accommodation for travel,
vacation or recreational use and includes travel trailers, motorized home, slide-in camper, chassis-mounted
campers, and tent trailers but not including mobile homes.
RECYCLING DEPOT means a facility that buys, sorts, and/or stores bottles, cans, newspapers, and similar
household goods for reuse. All storage is contained within an enclosed building or screened area.
RESIDENTIAL means the use of a building or part thereof as a dwelling unit.
RESTAURANT means a development where prepared foods and beverages are offered for sale to the public, or
consumption within the premises or off the site. This includes neighborhood pubs, licensed restaurants, cafes,
delicatessens, tea rooms, lunchrooms, refreshment stands, take-out restaurants, and food vendors. This does
not include drive-thru businesses or mobile catering food services.
RETAIL STORE means a building where goods, wares or merchandise are offered or kept for retail sale and
includes storage on or about the store premises of limited quantities of such goods, wares or merchandise
sufficient only to service such store.
RODEO FACILITY means buildings, shelters, fences, corrals, holding pens, or other structures used for commercial
rodeo events.
SCREENING means a fence, earth berm, row of trees, hedge, or established shelterbelt used to visually and/or
physically separate areas or functions.
SECONDARY SUITE means a self-contained, accessory dwelling unit in any physical arrangement and includes
garden suites.
SERVICE STATION means a business intended for the sale of fuel, alternative energy/fuels, lubricating oils,
automotive fluids, may include a car wash, convenience store, electric vehicle charging stations, and a
restaurant as accessory uses.
SETBACK means the distance that the development must be set back from a front, side, and/or rear lot lines or
any physical feature of a site as specified by this Bylaw.
SHIPPING CONTAINER means a large metal container with suitable strength for the shipping, handling and
storage of goods. Shipping Containers are also known as 'sea cans' or 'intermodal containers'.
SHORT TERM RENTAL ACCOMMODATION means the use of a dwelling unit, or one or more bedrooms in a
dwelling unit, for commercial purposes as temporary accommodation for less than 30 consecutive days at a
time, but does not include Hotels, Motels, Hostels or Bed and Breakfast.
SIGHT TRIANGLE means the triangle formed by two intersecting highway right-of-way boundaries and two points
on those boundaries six metres from the point of intersection, see Figure 8.
62
Figure 8 - Illustration of Sight Triangle
SIGN means a letter, numeral word, picture or attention-drawing devise, excluding traffic control devises,
displayed out of doors in such a manner as to be visible from a highway but does not include any signs
regulated by the Yukon Government Private and Community Highway Signs Regulations.
SIGN, POLITICAL means a temporary sign erected during a Federal, Territorial, First Nation, or Municipal
election to promote voting for a political candidate, political party, or cause.
SIGN, TRAFFIC CONTROL means a sign erected within the public right-of-way identifying restrictions on travel.
Examples of traffic control signs include stop signs, one-way signs, and speed limit signs. These signs can either
be fixed, freestanding, or temporary.
SINGLE FAMILY DWELLING means a free-standing building that contains one primary dwelling unit and includes
modular homes that meet current National Building Code standards.
SITE COVERAGE means the percentage of horizontal area of a lot that may be built upon including accessory
buildings or structures excluding steps, eaves, cornices and similar projections, courtyards, terraces or patios,
driveways, aisles and parking stalls. Cantilevered portions of buildings above the first storey will not be included in
site coverage calculations.
STRUCTURE means a construction of any kind whether fixed to or supported by or sunk into land, including
stadiums, sheds, fences, platforms, signs, tanks, poles, towers, pools, etc.
TEMPORARY RETAIL SALES means sales carried out over a period not to exceed 5 months in a twelve month
period.
TEMPORARY USE means a use or development established for a fixed period of time with the intent to
discontinue the activity upon the expiration of the time period specified. Temporary uses may include fairs,
special events, use of land for material or equipment storage, or a site office while construction is in progress.
TRAIL means a path or track used for recreational purposes that provides a visibly apparent route to follow through
the landscape, including any structures associated with the path such as bridges, boardwalks or viewing decks.
USE means the purpose or function to which land, buildings, or structures are designed or intended.
63
UTILITY INFRASTRUCTURE means any structure, facility or related infrastructure necessary for the operation of
a utility, such as power lines, communication towers, telephone transformers, lift stations, pumping stations,
water and sewage treatment plants, waste disposal areas, electrical and similar services where such use is
established by one of the levels of government, a Crown corporation, or by a company regulated by a
government commission.
VARIANCE means a variation, relaxation, or waiver of a development regulation or other requirement of this Bylaw.
VEHICLE SALES, RENTAL AND SERVICE means the premises for the sale, rental, lease, service, or restoration of
personal, recreational, commercial and / or industrial vehicles, and the retail sales of parts, petroleum projects and
alternative fuels for these types of vehicles.
WAREHOUSE FACILITY means a facility for the transportation, storing, distribution and sale of goods.
YARD means a portion of a lot upon or over which no structure or building shall be erected, unless otherwise
permitted in this Bylaw.
YARD, FRONT means that portion of the lot extending across the full width from the front lot line to the nearest
point of the exterior wall (including siding and trim) of the Principal Building and shall be measured at right
angles to the front property boundary, see Figure 9.
YARD, REAR means that portion of the lot extending across the full width from the rear lot line to the nearest
exterior wall (including siding and trim) of the Principal Building and shall be measured at right angles to the
rear property boundary, see Figure 9.
YARD, SIDE means that portion of the lot situated between the front yard and the rear yard, which extends
from the side property boundary to the nearest exterior wall (including siding and trim) of the Principal
Building and shall be measured at right angles to the side property boundary, see Figure 9.
Figure 9 - Illustration of Yards
ZONE means a defined area of the Village as set out in this Bylaw and as shown on the Zoning Map.
ZONING MAP means the map delineating out the boundaries of the zones as set out in this bylaw within the Village
of Haines Junction and attached as Schedule A.
ALASKA HIGHWAY
MARSHALL CREEK ROAD
WILLOW ACRES ROAD
WINTERGREEN WY
QUILL CRESCENT
ALASKA HIGHWAY
HAINES HIGHWAY
ez
adeash
River
D
ez
adeash
River
s
h
ezadea
v
R
i
er
D
Pine
Pine Lake
Creek
SUBMISSION INFORMATION
SCALE
VERSION
DATE
PROJECT NO.
DRAWING NO
PROJECT
DRAWING
APPROVED
CHECKED
DRAWN
DESIGN
ISSUED FOR REVIEW
1
2024-09-24
YYYY-MM-DD
STAMP
PERMIT TO PRACTICE
GREENWOOD
ENGINEERING
SOLUTIONS
AS NOTED
-
MV
-
-
1
23-03
September 24, 2024
VILLAGE OF HAINES JUNCTION
ZONING BY-LAW
N
C01
ZONING
OVERVIEW
0
1:15,000
150
450
750m
Legend
Municipal Boundary
Surveyed Land Parcels
Land Dispositions
Urban Residential (R-1)
Multiple Unit Residential (R-2)
Country Residential (RC)
Tourist Commercial (CT)
Mixed Commercial (CM)
Light (Service) Industrial (M-1)
Public Use Community (PD)
Parks & Recreation Community (PR)
Greenbelt Community (GB)
Open Space (OS)
Agriculture General (AG)
Future Development (FD)
Settlement Lands
Agriculture Residential (AR)
Easements
ALASKA HIGHWAY
MARSHALL CREEK ROAD
WILLOW ACRES ROAD
WINTERGREEN WY
QUILL CRESCENT
ALASKA HIGHWAY
HAINES HIGHWAY
s
h
ezadea
v
R
i
er
D
SUBMISSION INFORMATION
SCALE
VERSION
DATE
PROJECT NO.
DRAWING NO
PROJECT
DRAWING
APPROVED
CHECKED
DRAWN
DESIGN
ISSUED FOR REVIEW
1
2024-09-24
YYYY-MM-DD
STAMP
PERMIT TO PRACTICE
GREENWOOD
ENGINEERING
SOLUTIONS
AS NOTED
-
MV
-
-
1
23-03
September 24, 2024
VILLAGE OF HAINES JUNCTION
ZONING BY-LAW
N
C02
DOWNTOWN ZONING
OVERVIEW
0
1:5000
50
150
250m
Legend
Municipal Boundary
Surveyed Land Parcels
Land Dispositions
Urban Residential (R-1)
Multiple Unit Residential (R-2)
Country Residential (RC)
Tourist Commercial (CT)
Mixed Commercial (CM)
Light (Service) Industrial (M-1)
Public Use Community (PD)
Parks & Recreation Community (PR)
Greenbelt Community (GB)
Open Space (OS)
Agriculture General (AG)
Future Development (FD)
Settlement Lands
Agriculture Residential (AR)
Easements
CM
SCHEDULE B: DEZADEASH RIVER AND PINE CREEK
BUFFER