This is the exact embedded text of the captured official document.
Snapshot 6917c16a0bec · verified 2026-06-04 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Village of Teslin Zoning Bylaw No. 20-243
Adopted September 28, 2020
Before doing any construction, please consult with the Village of Teslin!
Abstract
Zoning implements the land use planning vision expressed in an official
community plan, supporting community sustainability and resilience goals.
Zoning bylaws regulate how land, buildings and other structures may be
used. They divide the municipality into zones, name each zone and
establish the boundaries of those zones. They regulate uses, the locations
where those uses can be sited, the size and dimensions of buildings and
other structures, and subdivision, i.e. the shape and size of parcels of
land.
Zoning Bylaw 20-243
Page i
This page has been left blank for a list of future amendments.
Zoning Bylaw 20-243
Page ii
Contents
Part 1 - Interpretation ................................................................................................................ 1
Division 1 - Title and Application ............................................................................................ 1
1.
Title and Purpose ..................................................................................................... 1
2.
Jurisdiction ............................................................................................................... 1
3.
Conformity and Non-Conformity ............................................................................... 2
4.
Severability ............................................................................................................... 2
Division 2 - Compliance ......................................................................................................... 2
5.
Siting, Building Height and Grading .......................................................................... 2
6.
Other Legislation ...................................................................................................... 3
7.
Prohibitions .............................................................................................................. 3
8.
Enforcement ............................................................................................................. 3
9.
Offences ................................................................................................................... 4
10.
Notices ..................................................................................................................... 4
11.
Orders ...................................................................................................................... 4
12.
Penalties .................................................................................................................. 6
Part 2 - Administration ............................................................................................................... 6
13.
Availability ................................................................................................................ 6
14.
Applications in Progress ........................................................................................... 6
15.
Duties and Responsibilities ...................................................................................... 6
16.
Bylaw Amendments (Rezoning Applications) ........................................................... 8
17.
Review Process ........................................................................................................ 8
18.
Resubmission Interval .............................................................................................. 9
19.
Board of Variance Procedures .................................................................................. 9
Part 3 - Definitions ....................................................................................................................10
Division 1 - Rules of Interpretation ........................................................................................10
Division 2 - General Definitions ............................................................................................10
Part 4 - Development Permits ..................................................................................................23
22.
Development Permit Required .................................................................................23
23.
Development Permit Exemptions ............................................................................23
24.
Certificate of Zoning Compliance .............................................................................23
25.
Development Permit Application ..............................................................................24
26.
Additional Information ..............................................................................................24
27.
Permit, Certificate and Appeal Fees ........................................................................25
28.
Development Permit Approvals ...............................................................................25
Zoning Bylaw 20-243
Page iii
29.
Development Agreements .......................................................................................25
Part 5 - General Regulations ....................................................................................................26
30.
Uses Permitted in All Zones ....................................................................................26
31.
Prohibited in All Zones .............................................................................................27
32.
Uses Not Expressly Permitted are Prohibited ..........................................................27
33.
Accessory Dwelling Unit ..........................................................................................27
34.
Accessory Uses .......................................................................................................28
35.
Backyard Hen Keeping ............................................................................................28
36.
Camping During New House Construction ..............................................................28
37.
Fences, Hedges and Buffers ...................................................................................28
38.
Home Based Business ............................................................................................29
39.
Land Use within the Vicinity of the Airport ................................................................30
40.
Lands Subject to Flooding and Drainage .................................................................30
41.
Lighting ...................................................................................................................31
42.
Natural Resource Extraction ....................................................................................31
43.
Off Street Garbage and Recycling ...........................................................................31
44.
Off Street Parking and Loading ...............................................................................31
45.
Parks, Greenbelts and Environmental Reserve .......................................................33
46.
Projections into Required Yards/Setbacks ...............................................................33
47.
Screening and Outdoor Storage ..............................................................................33
48.
Secondary Suite ......................................................................................................33
49.
Signage ...................................................................................................................34
50.
Stables and Minor Agricultural Uses ........................................................................34
51.
Water and Sewer Facilities ......................................................................................35
52.
Watercourse Setbacks ............................................................................................35
Part 6 - Zones ..........................................................................................................................36
Division 1 - Establishment of Zones......................................................................................36
53.
Zones ......................................................................................................................36
54.
Zoning Map .............................................................................................................36
Division 2 - Zones .................................................................................................................38
55.
VILLAGE RESIDENTIAL - (VR) ...............................................................................38
56.
COUNTRY RESIDENTIAL - (CR) ............................................................................39
57.
COMMERCIAL - (C) ................................................................................................41
58.
INDUSTRIAL - (I) ....................................................................................................43
59.
AIRPORT - (A) ........................................................................................................45
60.
OPEN SPACE - (OS) ..............................................................................................46
Zoning Bylaw 20-243
Page iv
61.
ENVIRONMENTAL RESERVE - (ER) .....................................................................47
62.
COMMUNITY FACILITIES - (CF) ............................................................................48
63.
PARKS - (P) ...........................................................................................................49
64.
RUNWAY APPROACH OVERLAY - (RAZ) ............................................................50
Part 7 - Repeal of Bylaws .........................................................................................................51
65.
Repeals ...................................................................................................................51
Part 8 - Schedules ....................................................................................................................52
Schedule A: Zoning Map .......................................................................................................53
Schedule B: Procedure for Applications to Amend Zoning Bylaw ..........................................54
Before you apply ...............................................................................................................54
After you apply ..................................................................................................................54
Schedule C:
Certificate of Zoning Compliance Application ................................................56
Schedule D:
Land Development Application .....................................................................57
Basic Site Plan: Sample ....................................................................................................60
Schedule E:
Notice of Proposed Development Template ..................................................61
Schedule F:
Flood Hazard Waiver (Template) ..................................................................63
Zoning Bylaw 20-243
Page 1
Village of Teslin
By-Law #20-243
A Bylaw to Divide the Municipality into Zones and to Regulate the Uses in such Zones
WHEREAS Section 289 of the Municipal Act provides that a zoning bylaw may prohibit,
regulate and control the use and development of land and buildings in a municipality; and
WHEREAS persons who deem their interest in property affected by this Bylaw have been
given an opportunity to be heard on the matters contained herein, before the Municipal
Council of the Village of Teslin, all in accordance with the requirements of the Municipal Act;
and
WHEREAS it is deemed desirable to adopt a new Village of Teslin Zoning Bylaw to
implement the new Village of Teslin Official Community Plan, Bylaw 20-243;
NOW THEREFORE the Village of Teslin Council, in open meeting assembled, hereby
ENACTS as follows:
Part 1 - Interpretation
Division 1 - Title and Application
1.
Title and Purpose
1.
This Bylaw may be cited as the "Teslin Zoning Bylaw 2020," No. 20-243.
2.
This bylaw implements the objectives and land use policies of the Official Community
Plan by providing for the orderly development of the community in an efficient,
economic and environmentally sensitive manner.
2.
Jurisdiction
1.
This bylaw applies to all land within the municipal boundary of the Village of Teslin
including those lands listed in Part 1, Appendix B, or affected by Appendix B, Part 2 of
the Teslin Tlingit Council Self Government Agreement.
2.
Notwithstanding clause 3 above, this bylaw applies:
(a) to Teslin Tlingit Council Settlement Land, other than Teslin Tlingit Council's
retained reserves, within municipal boundaries until such time as the Teslin Tlingit
Council makes an enactment for which the Village of Teslin and Teslin Tlingit Council
agree will displace this bylaw as it applies to Settlement Land, other than retained
reserves, within municipal boundaries; and
(b) if authorized by a Teslin Tlingit Council enactment, to Teslin Tlingit Council's
retained reserves within municipal boundaries until such time as the Teslin Tlingit
Zoning Bylaw 20-243
Page 2
Council makes an enactment that explicitly displaces this bylaw as it applies to
retained reserves within municipal boundaries.
3.
The provisions of this Bylaw relating to topics covered in other applicable legislation
shall be binding insofar that they are not contrary to such legislation.
4.
The provisions of this Bylaw shall be read in conjunction with all other applicable
Bylaws.
3.
Conformity and Non-Conformity
1.
No land or building shall be used for any purpose except in conformity with, or as
permitted by, this bylaw. For clarity, no lot shall be reduced in area by subdivision so
that it does not comply with the requirements of this bylaw.
2.
Non-conforming uses will be dealt with according to the provisions of the Act.
3.
Lots created before the approval of this bylaw which are less than the minimum
dimensions required of the zone they are in, shall be considered to be conforming lots
for the purposes of this bylaw. Rear and side yard setbacks may be reduced
proportionately by the same percentage that the lot is less than the minimum for that
zone.
4.
This bylaw shall not prevent the renovation or maintenance of a non-conforming
building or structure, provided that the renovation or maintenance does not enlarge
the existing non-conformity.
5.
The presence or development of a non-conforming lot or building shall not affect the
status of abutting lots.
6.
The lawful use of land or a building or other structure existing at the date of the
approval of the Official Community Plan or the Zoning Bylaw that does not conform to
the Plan or this bylaw may be continued, but if the non-conforming use is
discontinued for a period of eighteen (18) months or more, the future use of the land,
building or structure shall be in conformity with the Plan and this bylaw.
7.
The use of land or the use of a building is not affected by reason only of a change in
ownership, tenancy or occupancy of the land or building.
4.
Severability
1.
If one or more provisions of this bylaw are, for any reason, declared to be invalid by
the Courts, all remaining provisions remain in force and effect.
Division 2 - Compliance
5.
Siting, Building Height and Grading
1.
Where a lot which is not a corner lot has frontage on more than one street, the
Development Officer may require any building, structure, or accessory building on the
Zoning Bylaw 20-243
Page 3
lot to maintain a front yard on each street so as to present a consistent street
appearance on each street.
2.
Chimney stacks, ventilation equipment, elevator housings, parapet walls and flag
poles are not included in calculating the maximum height permitted in any zone.
3.
Proposed finished grades should, to the extent possible, use natural grades to
respect the natural contour of the land, minimize the necessity to use retaining walls,
avoid steps that restrict handicapped access, and ensure drainage away from
abutting properties.
4.
Where any part of a lot is required to be reserved as a yard, it shall continue to be so
reserved, regardless of any change in ownership.
6.
Other Legislation
1.
A person applying for a development permit or change of use is responsible for
determining and complying with the requirements of other Municipal, Territorial, First
Nation and Federal legislation and the issuance of a permit does not relieve the
owner from complying with any easement, covenant, lease or legal agreement which
affects the development.
2.
A person applying for a development or change of use in the vicinity of the Teslin
aerodrome must comply with the height and obstacle clearance restrictions set out in
the Teslin Aerodrome Zoning Restrictions.
7.
Prohibitions
1.
No person shall authorize or do any construction that is at variance with the
description, specifications or plans that were the basis for the issuance of a
development permit, unless the variation has been reviewed and authorized in writing
by the Development Officer or, where applicable, the Building Inspector.
2.
No person shall move a building or structure off or onto a lot without obtaining a
development permit.
3.
Except as provided in section 23, no person shall initiate any development or
redevelopment or commence any use in the municipality of Teslin unless a
development permit has been issued by the Development Officer.
8.
Enforcement
1.
The Council may, by resolution, authorize an enforcement officer of the Village to
order any person carrying out any work or doing anything contrary to the provisions of
this Bylaw, to forthwith cease carrying out such work or doing such things.
2.
All enforcement activities of a Development Officer as permitted by the Act and this
bylaw may be commenced simultaneously.
Zoning Bylaw 20-243
Page 4
3.
Where the Development Officer receives a complaint that an offence has been
committed, they shall investigate and prepare a report to Council as expeditiously as
possible.
9.
Offences
1.
Any person who contravenes this bylaw, or causes or permits a contravention of this
Bylaw commits an offence.
2.
Any person who
(i) uses or occupies any building or land; or
(ii) undertakes a development; or
(iii) makes an addition or alteration to a building or structure,
for which a development permit is required but has not been issued; or engages in
the above activities in a manner that is in contravention of a condition of a
development permit issued under this bylaw, commits an offence.
10.
Notices
1.
If the Development Officer finds that a contravention of this bylaw or a condition of a
development permit has occurred, the Development officer shall, using the prescribed
Notice of Violation form, notify the following persons as applicable of the
contravention:
(i) the person who owns the land, building or other structure, or development in
respect of which the contravention occurred;
(ii) the person in possession of the land, building or other structure, or development in
respect of which the contravention occurred; and
(iii) any person identified as being responsible for the contravention.
Such notice may be delivered in person, by ordinary mail, by fax, or by posting the
notice in a conspicuous location on the land, building or other structure in respect of
which the contravention occurred.
2.
The Notice of Violation shall state: the nature of the contravention, the action required
to remedy the contravention, the date by which such remedial action must be
completed, and the persons listed in section 10.1 who must undertake the action to
remedy the contravention.
11.
Orders
1.
Council may, on finding that a contravention of this bylaw has occurred: direct the
Development Officer to take such actions as are necessary to stop or remedy the
Zoning Bylaw 20-243
Page 5
contravention, including but not limited to suspending or revoking a development
permit, issuing orders pursuant to sections 11.2 or 11.3, or applying to the Court for
an injunction to restrain such contravention.
2.
The Development Officer may issue to the persons identified in Section 10.1 an order
to comply with the provisions of this bylaw within a specified time.
3.
The Development Officer may issue an order to the person carrying out a
development or any person doing anything in contravention of the Act, the Official
Community Plan or this bylaw to, within a specified time, either or both:
(i)
Immediately stop the contravention; or
(ii)
To take such measures, including remediation of the contravention, as are
specified in the Order to ensure the development or use of the land or building
is brought into conformity with the Act, Official Community Plan, or this bylaw.
4.
An order made under section 11.3 shall be personally served or delivered by double
registered mail to the person described in section 10.1. In the event that the
Development Officer is unable to effect service or delivery of the order by these
methods, the order shall be posted in a conspicuous location on the land, building or
other structure in respect of which the contravention occurred.
5.
Where a person fails or refuses to comply with an order made under section 11.2 or
11.3 within the time stipulated in the order, the Development Officer may take such
action as is necessary to enforce the order.
6.
The costs and related expenses incurred by the Village in carrying out an order under
this bylaw shall be placed on the tax roll as an additional tax against the land that is
the subject of the order, and that amount shall be collected in the same manner as
taxes on the land.
7.
Council or the Development Officer may order the demolition and/or removal of any
materials or structures constructed or placed in contravention of the provisions of this
bylaw.
8.
Council or the Development Officer may order an owner of land, a person in
possession of land, a building or other structure, or a person carrying out a
development on land, to remove the following from the land:
(i)
any fire or explosive hazards;
(ii)
any storage of goods, salvage, junk, waste or other materials which
(a) may be or may become hazardous or injurious to the health or safety of the
community;
(b) adversely affects the amenities of the neighborhood; or
(c) interfere with the normal enjoyment of any abutting land, building or
structure on the basis that such storage constitutes a contravention of the
intent of the Act, the Official Community Plan or the provisions of this
bylaw.
Zoning Bylaw 20-243
Page 6
9.
Council or the Development Officer may order an owner of land to repair, alter or
demolish any unsafe, hazardous or dilapidated building or structure on the land and
to remove all debris and waste products from the land.
10.
A person who receives an order made by the Development Officer under section
11.2, 11.3, 11.7, 11.8, or 11.9 may request a review of that order by the Council in
accordance with the Act.
12.
Penalties
1.
Any person who commits an offence under section 9 is, upon summary conviction,
liable to a fine as specified in the Summary Convictions Act and amendments thereto.
2.
Where an offence is committed or continued on more than one day, it shall be
deemed to be a separate offence for each day on which the offense is committed or
continued.
3.
In addition to the penalties prescribed above, a person convicted of a contravention of
this bylaw, may be ordered to remove any development, building or structure carried
out or constructed by that person and restore or remediate the land on which such
development or construction occurred to a tidy condition free from any debris and
waste products, at that person's own expense.
Part 2 - Administration
13.
Availability
1.
A copy of this bylaw and the Zoning Map, as amended from time to time, shall be
available for inspection by the public at the Village office and may be purchased for
the fee set by Council.
14.
Applications in Progress
1.
An application for a development permit which is received in its complete form prior to
the effective date of this bylaw shall be decided upon within 45 days using the
regulations in effect at the time of application.
2.
No time extension shall be granted to any development permit issued under this
section for which development has not commenced within 12 months.
15.
Duties and Responsibilities
Development Officer
1.
The position of Development Officer to administer this bylaw is established. One or
more employees of the Village shall be appointed by Council to fulfill the duties of this
position.
2.
A Development Officer shall receive and decide upon completed applications for a
Zoning Bylaw 20-243
Page 7
development permit, rezoning and Certificate of Zoning Compliance.
3.
The duties of the Development Officer include:
(i) Receiving, reviewing, and making recommendations to Council on any application
to amend the text of this bylaw or the Zoning Map;
(ii) referring an application to any Federal or Territorial department, the Teslin Tlingit
Council and any other agency or body deemed appropriate for advice and comment;
(iii) creating standard application forms and maintaining, for inspection by the public
during normal office hours, a copy of this bylaw, as amended; a register of all
development permit and rezoning applications including the decisions made; and
shall ensure copies of this bylaw and the attached Zoning Map are available to the
public at a reasonable cost;
(iv) exercising discretion in granting variances of up to 5% of the requirements of this
bylaw provided there will be no detrimental impact on adjacent properties or the
neighborhood and the density is not increased by virtue only of the variance; and
(v) Performing such other duties as described or implied by this bylaw.
4.
Any person who is aggrieved by a decision of the Development Officer under this
Bylaw may appeal in writing, within thirty (30) days of the decision, to the Council
using the form provided.
5.
Subject to the provisions of the Act, an appeal may be made to the Council by the
applicant or person affected:
(i)
when a Development Officer: refuses or fails to make a decision to issue a
development permit to a person within thirty (30) working days of receipt of a
completed application; or
(ii)
issues a development permit subject to conditions; or
(iii)
the applicant alleges the Development Officer has misapplied the Official
Community Plan or Zoning Bylaw in a particular case;
Appointment of Employees for Assistance
6.
Council may appoint such officers or employees as it may deem necessary in order to
assist in the performance of the Boards' duties.
7.
The appointed position shall perform the following duties:
(i) Provide general assistance to applicants;
(ii) Accept applications and fees on behalf of the Board.
Zoning Bylaw 20-243
Page 8
16.
Bylaw Amendments (Rezoning Applications)
1.
Council may initiate any text and/or map amendment to this bylaw. Any such
amendment shall be reviewed in accordance with section 17.
2.
An owner of land within the municipality or an authorized agent of the owner may
apply to have the zoning designation of their land amended to another zoning
designation.
3.
For the amendment application to be considered by Council, the applicant shall
provide the Development Officer with:
(i) documentation of ownership or authority to act on behalf the landowner;
(ii) a written statement of justification including a map showing the proposed change
in the context of adjacent land;
(iii) permission for right of entry by Village staff for reasonable inspection;
(iv) the required, non-refundable application fee as set out in the Service Rates and
Fees Bylaw; and
(v) such other information as the Development Officer deems necessary to prepare
an evaluation of the request with a recommendation to Council.
17.
Review Process
1.
Upon receipt of a completed application for a text and/or map rezoning, the
Development Officer shall undertake an investigation and analysis of the potential
impacts of the proposed change. The analysis shall, among other factors, consider
the following:
(i)
relationship to and compliance with the Official Community Plan, federal,
territorial land use policies and government's obligations under the Teslin
Tlingit Council First Nation Self Government Agreement;
(ii)
compatibility with surrounding development in terms of land use function and
scale of development;
(iii)
the impacts on municipal services, utilities and public facilities such as
schools;
(iv)
the potential need for municipal land, right-of-way or easement requirements;
(v)
effect on the stability, retention and rehabilitation of desirable existing uses
and buildings;
(vi)
the documented concerns of affected residents and land owners to the
proposal; and
Zoning Bylaw 20-243
Page 9
(vii)
the necessity and appropriateness of the proposed amendment in view of the
stated intentions of the applicant.
2.
Before approving a text, map or site rezoning amendment request, Council shall
comply with the requirements and notification procedures set out in the Act.
18.
Resubmission Interval
1.
Where an application for an amendment to this bylaw has been denied 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 otherwise directs.
2.
When an application is refused by the Development Officer or Council, or in the case
of an appeal by the Board of Variance or Yukon Municipal Board, 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 12 months after the date of
refusal or final appeal as the case may be.
3.
Sections 18.1 and 18.2 shall not apply in the case of an application for a development
permit or Certificate of Zoning Compliance, if the new application is for a use that
complies with the regulations of this bylaw.
19.
Board of Variance Procedures
1.
An owner of land within the municipality or an authorized agent of the owner may
apply to have a variance to the zoning regulations or an 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. These difficulties or hardships must not
have been created by the applicant's or the property owner's action.
2.
For the amendment application to be considered by the Board of Variance, the
applicant shall provide the Development Officer with:
(i) documentation of ownership or authority to act on behalf the landowner;
(ii) a written statement of justification including a map showing the proposed change
in the context of adjacent land;
(iii) permission for right of entry by Village staff for reasonable inspection;
(iv) the required, non-refundable application fee as set out in the Service Rates and
Fees Bylaw; and
(v) such other information as the Development Officer deems necessary to prepare
an evaluation of the request with a recommendation to the Board of Variance.
3.
Within 30 days of receipt of an application, the board of variance shall meet to review
Zoning Bylaw 20-243
Page 10
the application, and provide a decision to approve, disapprove, or approve with
conditions. The board of variance is required, in delivering its decision, to preserve
the purposes and intent of the official community plan and zoning bylaw.
4.
The board of variance decision can be appealed per the provisions of the Yukon
Municipal Act.
Part 3 - Definitions
Division 1 - Rules of Interpretation
20.
Typical uses listed in the definitions as examples are not intended to be exclusive or
restrictive. Reference should be made to the intent, impact, and definition of the use
in determining whether or not the type of use proposed is consistent with the
examples listed; and
21.
Where a specific use does not conform to the wording of any use definition or
generally conforms to the wording of two or more definitions, a Development Officer
may 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.
Division 2 - General Definitions
For the purpose of this bylaw, the following terms shall be defined as follows:
A
ABUT OR ABUTTING - means immediately contiguous to, or physically touching, and when
used with respect to lots or sites means two that share a common property line or border.
ACCESSIBILITY - means facility designs that accommodate the widest range of potential
users, including people with mobility and visual impairments (disabilities), seniors, and other
special needs.
ACCESSIBLE ROUTE - means a continuous, unobstructed path at least 914 mm (36
inches) wide connecting all interior and exterior elements and spaces of a house and site
including corridors, parking, curb ramps, crosswalks and sidewalks and served by a no-step,
flat entrance with a beveled threshold of 12.7 mm (½ inch) or less.
ACCESSORY DWELLING UNIT -- means a small secondary dwelling unit not attached to or
within another dwelling unit constituting a self-contained dwelling unit in accordance with
Section 33 of this Bylaw, which is located on a parcel that has a principal dwelling unit on it.
ACCESSORY USE OR ACCESSORY BUILDING/STRUCTURE - means a use, building or
structure naturally and normally incidental or ancillary to the principal use or building located
on the same lot or site, but not for the purpose of human habitation unless specifically stated
in this Bylaw. Typical accessory structures include satellite dishes, garden and storage
Zoning Bylaw 20-243
Page 11
sheds, garages, greenhouses, propane tanks, television or radio masts, a greenhouse, dog
house, dog run, and a stable.
ACT - means the Yukon Municipal Act, as amended.
AGRICULTURE - means any farming activity involving the growth, production, or harvesting
of a crop including on-site sale, or the rearing of fur-bearing animals, poultry, or other
livestock and includes commercial greenhouses, stables, and nurseries.
AGRICULTURE (MINOR) - means an agricultural activity undertaken as an accessory use
by the owner or occupant of the lot primarily for personal use or consumption. Typical uses
include, but are not limited to the following: nurseries, greenhouses, market gardens, bee-
keeping and raising of animals or fowl for personal use or consumption. It does not include
the rearing of fur-bearing animals.
AIRPORT - means any landing area used or intended to be used either publicly or by any
person or persons for the landing and taking off of aircraft, including all necessary taxi-ways,
aircraft storage, servicing, and tie down areas, hangars, and other necessary buildings and
open area incidental thereto.
ALTER - means (i) any structural change to a building bearing wall, foundation support
beam, internal partition, column, or girder that results in an increase or decrease in the area
or cubic dimensions of a structure; (ii) any change in the frontage, depth or width of a lot that
affects the required yard, parking or other requirements of this bylaw; and (iii) any change of
the principal use of a building or lot defined as being distinct from the discontinued use.
AMUSEMENT ARCADE - means a building or part thereof, where the principal business is
providing video, pinball or computer games for use by the general public.
ANIMAL SHELTER - means a purpose designed building used for the temporary care of lost,
abandoned or neglected animals.
APARTMENT BUILDING - means a building consisting of not less than three (3) dwelling
units, each of which is occupied or intended to be occupied as a residence of one family, but
shall not mean a hotel, motel, or motor hotel.
APPLICANT - means any person having a legal or equitable interest in property or a person
acting as the authorized representative of such person who has applied under the provisions
of this bylaw for a change of use or permit to develop land.
B
BED AND BREAKFAST LODGING means an accessory use of an owner-occupied
residence in which temporary overnight accommodation and breakfast is provided to tourists
and visitors.
BOARDING HOUSE - means a building in which the owner supplies accommodation for their
household as well as accommodation and meals for non-transient boarders.
Zoning Bylaw 20-243
Page 12
BOARD OF VARIANCE - means the Village of Teslin Board of Variance, as established
under the Yukon Municipal Act. A Board of Variance considers applications for variance or
exemptions from an official community plan or zoning bylaw if there are practical difficulties
or unnecessary hardships because of the exceptional narrowness, shortness, shape,
topographic features, or any other unusual condition of the property.
BUILDING - means a temporary or permanent structure having a roof supported by walls for
the shelter or enclosure of persons, animals, materials, chattels and equipment.
BUILDABLE AREA - means that portion of the lot remaining after required yard setbacks
have been provided, as well as any required setbacks from environmentally sensitive areas.
BUILDING HEIGHT - means the vertical distance measured from the average elevation of
the finished grade along the front of the building to the highest point of the roof surface. The
measurement shall be taken at the parapet in the case of a flat roof; the deck line for a
mansard roof and at the highest point of the ridge for a gable, hip or gambrel roof.
BUILDING INSPECTOR - means the official appointed by the Yukon Government to
administer and enforce the provisions of the Yukon Building Standards Act.
BULK FUEL DEPOT - means lands, buildings and structures for the storage and distribution
of oil and gas products and may include key lock retail sales.
BUSINESS - means the carrying on of a commercial or industrial undertaking of any kind or
nature, or the provision of professional, personal or other service for gain or profit.
BUSINESS SUPPORT SERVICES - means a service which provides support services for
other businesses such as secretarial, book-keeping, copying, photographic processing,
janitorial, building security and office supplies.
C
CAMPGROUND - means an area of land, managed as a unit, providing short term
accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers, and
includes camps sponsored by non-profit organizations.
CANNABIS - means cannabis as defined in the Cannabis Act (Canada).
CANNABIS RETAIL STORE - means the premises specified in a retail cannabis licence
where the retail sale of cannabis is authorized.
CANOPY - means a cantilevered roof free of enclosing walls intended to shelter a portion of
the sidewalk in front of the premises to which it is attached and includes an awning and a
free-standing or attached shelter over gasoline pump islands.
CARETAKER LIVING SUITE - means a living accommodation for a caretaker to live on site.
Could be a manufactured home.
Zoning Bylaw 20-243
Page 13
CARPORT - means a roofed accessory structure to shelter parked vehicles which is normally
attached to the principal building and not enclosed on the front and one side. A carport is
considered part of the principal building to which it is attached in calculating requirements.
COMMERCIAL USES - means an activity involving the sale of goods or services carried out
for profit.
COMMERCIAL RECREATION SERVICES - means a development for recreation, social or
multi-purpose use and includes facilities privately operated for gain. Typical uses include
community halls, non-profit social clubs, marinas, bowling alleys and golf courses.
COMMUNITY CARE FACILITIES - means facilities or institutions that provide temporary
shelter services or supportive housing, and may include a safe house, a group home, or a
residential care home. Does not include correction services.
COMMUNITY FACILITIES - means the use of land for public purposes such as recreational
facilities, community halls, parks, schools, government offices and protective services.
CONDITIONAL USES - means that a use may be permitted in a particular zone if it can be
shown that such a use will comply with all the conditions and standards of the zone.
Conditional uses are approved by municipal council.
COUNCIL - means the Council of the Village of Teslin.
D
DAY CARE FACILITY - means an establishment licensed under the Child Care Act, intended
to provide care, educational services and supervision of children for less than 24 hours;
includes the secondary use of a dwelling in which the operator resides, used for this purpose.
DERELICT VEHICLE - An inoperative motor vehicle which is not currently licensed.
DETENTION AND CORRECTION SERVICES - means a facility for holding, confining and
treating or rehabilitating persons.
DEVELOPMENT - means the carrying out of any construction involving clearing, site
excavation, dumping or filling, mining of surface materials; construction, renovation or
demolition involving a material change to any use on, over, or under the land or building
which results in, or is likely to result in a change of use or intensity of use including the
erection of commercial signs.
DEVELOPMENT AGREEMENT - means a legal agreement between the developer and the
Village of Teslin setting out their respective rights, obligations and fiscal commitments in
respect to a proposed development.
DEVELOPMENT OFFICER - means a properly authorized official of the Village of Teslin
appointed by Council to interpret, administer and enforce the provision of this Bylaw.
Zoning Bylaw 20-243
Page 14
DEVELOPMENT PERMIT - means a document authorizing a development to proceed
pursuant to this bylaw, including any plans, drawings, specifications, conditions or other
documents that pertain to the development that has been approved.
DWELLING - means one or more rooms intended to be used as a residence by one
household, each dwelling having independent living, sleeping, sanitation and kitchen
facilities. Does not include recreational vehicles.
DWELLING - MULTI-FAMILY - means a building or cluster of buildings consisting of three or
more dwelling units.
DWELLING - DUPLEX OR SEMI-DETACHED - means a building designed exclusively for
occupancy for two families living independently of each other in separate units either side by
side or above and below each other.
DWELLING - SINGLE FAMILY - means a detached building used exclusively for residential
purposes, consisting of one principal dwelling unit. Can include manufactured homes.
E
EATING AND DRINKING ESTABLISHMENTS - means a development where prepared food
and beverages are offered for sale to the public for either on-site or off-site consumption.
This includes bars, restaurants, lunch rooms and refreshment stands but not mobile catering
services.
EMERGENCY AND PROTECTIVE SERVICES - means a public facility used by fire, police
ambulance and other services as a base of operations and includes a health centre.
ENVIRONMENTAL PROTECTION - means protection of any environmentally sensitive
areas with characteristics such as permafrost, steep slopes, wetlands, flood plains, high
water tables, forest areas, endangered species habitat, dunes, or areas of significant
biological productivity or uniqueness that have been designated for protection from any
activity that would significantly alter their ecological integrity, balance, or character.
ENVIRONMENTAL RESERVE - means those areas intended to remain in their natural state
because of their inherent natural features or hazards posed such as unstable slopes
wetlands, areas prone to flooding, unique flora or habitat. Such areas may be designated on
a spatial or temporal basis and in a manner that still permits limited use for passive
recreation including trail and interpretative facility development.
EXISTING USE - means any use of land or a building existing at the date of adoption of this
bylaw.
EXTERIOR SIDE YARD - means the side yard of a corner lot adjacent to the cross street.
F
Zoning Bylaw 20-243
Page 15
FAMILY - means one or more persons occupying premises and living as a single
housekeeping unit.
FINISHED GRADE - means the final elevation of the ground level after development,
calculated by taking the average of the finished ground level surrounding each face of the
building taken at the centre of the wall.
FLOODPLAIN - means the area adjoining the channel of a river, stream or watercourse
which is prone to inundation by flood water during a regional or one-in-a-hundred year flood.
FOOD TRUCK - means a large motorized vehicle, such as a van or trailer, equipped to
cook, prepare, serve, and/or sell food.
FRONTAGE - means the horizontal distance between the side lot lines measured at the point
where the side lot lines intersect the street right of way. All sides of a lot that abut a street
shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall
be considered the lot frontage.
G
GARAGE - means an accessory building or structure or a part of the principal building
designed and used primarily for the storage of the building occupants' vehicles; includes a
carport.
GENERAL CONTRACTOR SERVICES - means the provision of construction related
services such as building and road construction contracting, excavation, landscaping,
electrical, plumbing, heating or services of a similar nature which require on-site storage and
warehouse space.
GREENBELT - means an area of undeveloped land held in reserve by and for the
municipality.
GROUND FLOOR AREA - means the greatest horizontal area of the first storey of the
principle building above grade within the outside surface of the exterior wall. This includes all
attached structures having a foundation such as attached garages, decks and steps.
GROUP HOME - means the use of a dwelling unit as a facility which is authorized, licensed
or certified by a public authority to provide room and board for foster children or disabled
persons, or for persons with physical, mental, social, or behaviour problems, and which may
be for the personal rehabilitation of its residents either through self-help or professional care,
guidance, and supervision.
H
HOME BASED BUSINESS - means an occupation, business, trade or professional practice
which is carried on for remuneration or financial gain within a wholly enclosed building or
Zoning Bylaw 20-243
Page 16
structure as an accessory to the principal residential use of the property.
HOTEL - means a building or part thereof with a common entrance lobby and shared
corridors, which provides sleeping accommodation for visitors. A hotel may include public
facilities such as a restaurant, banquet, beverage, meeting and convention rooms, and
recreation facilities.
I
INDUSTRIAL - means a development involving one or more of the following activities: the
processing of raw materials (i.e. sawmill), the manufacturing or assembling of unfinished
products or equipment (i.e. canoe factory); the cleaning, servicing, repair or testing of
materials, goods and equipment (i.e. heavy equipment repair); the storage of materials,
goods and equipment for distribution or transshipment (i.e. truck terminal ) where such
operations may create impacts that would make them incompatible with non-industrial zones.
INSTITUTIONAL - means the use of land, buildings or structures for public or non-profit
purpose such as schools, churches, community recreation facilities, visitor information
centers, museums, and government buildings.
INTERIOR SIDE YARD - means the side yard on a corner lot that is furthest away from the
cross street.
J
JUNK YARD - means any parcel of land or building used for the collection, demolition,
dismantlement, storage, salvage, recycling or sale of waste materials including scrap metal,
abandoned vehicles, machinery and other discarded materials except hazardous wastes.
L
LANDSCAPING - means to change, modify or enhance the visual appearance of a site by
reshaping the earth, planting lawns, shrubs and trees, or preserving the original natural
vegetation and includes adding walks, fencing, patios and other ornamental features for the
purpose of beautifying or screening the appearance of a lot.
LANE - means a public thoroughfare not over nine (9) m in width, which affords only a
secondary means of access to a lot.
LOADING SPACE - means an on-site parking space directly accessible from a street or lane
reserved for temporary parking to permit the loading or unloading of goods and materials.
LOT - means a parcel of land, including Crown land, which is legally defined either by
registered plan or description and includes lands which are the subject of a lease
arrangement or other form of interest permitted by the Yukon Government's Territorial Lands
Zoning Bylaw 20-243
Page 17
Act and Regulations or the Teslin Tlingit Council's Land and Resources Act and
Regulations, as amended or replaced.
LOT COVERAGE - means the total ground floor area of all buildings and structures on a lot
as measured from the outermost perimeter, expressed as a percentage of the total lot area.
Includes all impervious surfaces.
LOT, CORNER - means a lot situated at the intersection of two or more streets, or a lot that
has two adjoining boundaries abutting a street
LOT LINE, FRONT - means in the case of an interior lot, a line separating the lot from the
street; or, in the case of a comer lot, the line separating the narrowest street frontage of the
lot from the street; or, where the lot extends between two parallel streets, the front lot line
shall be determined based on the street address.
LOT, THROUGH - means a lot other than a comer lot having frontage on two streets.
LOT, INTERIOR - means a lot other than a comer lot or a through lot.
M
MANUFACTURED HOME - means:
(i) a factory built single or multiple section modular constructed dwelling unit built to
the National Building Code of Canada CAN/CSA-A277 standard and transported to
the site for installation on a permanent foundation; or
(ii) a factory built single or multiple section mobile dwelling unit designed to be
transportable on its own chassis and conforms to the CSA Z240 Manufactured Home
Series of Standards.
MARINA AND FLOAT PLANE DOCK - means a facility where boats or float planes can be
berthed, stored, fuelled and serviced.
MIXED USE DEVELOPMENT - means a building designed as a single unit containing a mix
of commercial/industrial or commercial/residential floor space and the features associated
with such uses.
MOBILE HOME PARK - means a parcel of land under single ownership or control which has
been planned and improved for the placement of manufactured homes.
MOTEL - means a building or group of buildings divided into self-contained sleeping units for
visitors, each with a separate exterior entrance and convenient access to on-site parking.
Motels may include on-site restaurant, beverage, meeting rooms and related commercial
services for the convenience of guests.
MUNICIPALITY - means the Village of Teslin.
Zoning Bylaw 20-243
Page 18
N
NATURAL GRADE - means the elevation of the ground level in its natural state, before
construction, filling, or excavation.
NATURAL RESOURCE EXTRACTION - means commercial extraction, processing, storage
and off-site removal of sand, gravel, earth, wood, rock or related activities.
NON-CONFORMING BUILDING - means a building that was lawfully constructed, or lawfully
under construction, prior to adoption of the Bylaw, and does not conform to the requirements
of this Bylaw.
NON-CONFORMING USE - means a lawful use of land and/or a building that lawfully
commenced prior to adoption of this Bylaw, and does not now conform to the requirement of
this Bylaw.
NOXIOUS USE - means a use which creates or is liable to create: gas, fumes, dust,
objectionable odour, noise, vibration, unsightly storage of goods, wares, merchandise,
salvage, machinery parts, junk, waste or other material; a condition which may become
hazardous or injurious as regards to health or safety or which prejudices the character of the
surrounding area or interferes with or may interfere with the reasonable enjoyment of any
abutting land, building or structures.
O
OFFICIAL COMMUNITY PLAN - means the Village of Teslin Official Community Plan.
OWNER - means the person, persons, or corporation who is named on the Village of Teslin
tax assessment roll as owner or occupant of real property.
P
PARK - means any public outdoor area or lot set aside specifically for outdoor recreation and
nature interpretation including tot-lots, playgrounds, walkways, trails, greenbelts, and buffers.
PARKING AREA - means an open area, other than a street or service lane used for the
temporary parking of a number of vehicles and available for public use whether free, for
compensation or as an accommodation for clients or customers.
PARKING SPACE - means an off-street space exclusive of driveways, aisles, ramps, or
obstructions of sufficient size and dimension to park one vehicle.
PERMITTED USE - means the lawful use of any lot, building, or structure as provided for in
the schedule of zones of this Bylaw.
Zoning Bylaw 20-243
Page 19
PERSONAL SERVICE ESTABLISHMENTS - means development used for the provision of
personal services to an individual which are related to the cleaning and repair of personal
effects or the care and appearance of the body.
PORCH - means a roofed, open structure projecting from an exterior wall of a building with
walls which are open or screened to facilitate use as an outdoor living area.
PREMISES - means any lot, building, or structure.
PRINCIPAL BUILDING - means a building which is the chief or main building on a lot and
constitutes by reason of its use, the primary purpose for which the lot is zoned.
PUBLIC UTILITY - means a system, works, plant, equipment or service whether owned or
operated by, or for the municipality, or by a corporation or commission under agreement with
or under a franchise from the municipality or under a Federal or Territorial statute, which
furnishes services and facilities available to or for the use of the inhabitants of the
municipality, including but not limited to telecommunications, the transmission and delivery of
water, gas, or electricity; the collection and disposal of sewage, garbage and other waste, or
the provision of public transportation and postal service.
PUBLIC UTILITY INFRASTRUCTURE - means any structure, facility or related infrastructure
necessary for the operation of a public utility, such as power lines, communication towers,
telephone transformers, lift stations, pumping stations, water and sewage treatment plants
and waste disposal areas.
R
RELIGIOUS ASSEMBLY - means a building wherein people regularly assemble for religious
worship which is maintained and controlled by a religious body organized to sustain
communal public worship.
RENOVATION - means the repair and restoration of a building or structure to a structurally
sound condition including the leveling and strengthening of foundations but does not include
its replacement.
RESTAURANT - means a building or portion thereof, where food is offered for sale or sold to
the public for immediate consumption.
RETAIL BUSINESS - means the use of land and/or buildings or part thereof in which goods,
wares or merchandise are sold directly to the public as a principal use.
RETAIL CANNABIS LICENCE - means a licence issued under the authority of the Yukon
Cannabis Control and Regulation Act.
RETAINING WALL - means a structure constructed to hold back, stabilize or support an
earthen bank as a result of differences in lot grade.
Zoning Bylaw 20-243
Page 20
S
SATELLITE DISH - means an accessory structure either free-standing or attached, designed
in the shape of a dish or cone to send and receive telecommunication signals.
SECONDARY SUITE - means a separate, self-contained, designated area, within a principal
dwelling, containing toilet, bathroom, sleeping and living areas, and cooking facilities.
SECONDARY USE - means a use that is subordinate to the principal use and is only
permitted in conjunction with the principal use and requires a separate development approval
(i.e. bed & breakfast).
SERVICE STATION - means an enclosed building or, part thereof, used for repair, sale and
servicing of motor vehicles; normally combined with the sale of fuel, oils and accessory parts
for motor vehicles.
SERVICE SHOP - means an enclosed building or part thereof used for the repair, sale and
servicing of articles or materials, other than motor vehicles.
SIGN - means any externally placed visual medium including its structure and component
parts including banners, logos, words or pictures that are intended to identify, describe,
illustrate or advertise a product, place, activity, business, service or institution that is visible
from a public street. Signs do not include traffic control devices, murals or other works of art
that do not contain a commercial message.
SIGN, PORTABLE - means any readily transportable sign that can easily be relocated or
temporarily set-up and is not permanently attached to the ground.
STABLE - means an accessory building having stalls or compartments where animals,
excluding dogs and cats, are sheltered and fed.
STOREY - means a space in a building, other than the basement, between the surface of
any floor and the surface of the next floor above, or if there is no floor above, then the space
between such floor and the ceiling or roof above.
STREET - means a public thoroughfare having a right of way over nine (9) m in width which
affords the principal means of access to abutting properties.
STREET LEVEL - means the elevation of the centerline of the street opposite the lot line
abutting the street.
STRUCTURE - means any construction fixed to, supported by or sunk into land or water,
excluding asphalt or concrete paving or similar surfacing of a lot.
SURVEYORS CERTIFICATE - means a legal site plan certified by a registered Canada Land
Surveyor showing the location of any and all improvements on a lot relative to the lot lines.
Zoning Bylaw 20-243
Page 21
T
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.
TOP OF BANK - means a naturally occurring point, slope edge, or setback line determined
from topographic maps or geotechnical study, where significant landform change can be
detected.
TOURIST SERVICES - means those facilities and uses intended to attract and serve visitors
such as museums, visitor reception centers, riding stables, marinas and the like.
U
USE - means the purpose for which land or a building is, or may be used, occupied or
maintained.
V
VARIANCE - means a relaxation of the requirements specified in this bylaw as permitted by
the Act.
W
WALKWAY - means a public right-of-way or easement designed for use by pedestrian,
and/or bicycles and horses.
WATERCOURSE SETBACK - means the horizontal distance between the side lot lines of a
waterfront lot measured at right angles from the ordinary high water mark (OHWM) of a
watercourse, such as a river, bay or lake.
WAREHOUSE - means a building other than a wholesale or retail store, designed, used or
intended for storage purposes.
Y
YARD - means the unoccupied space on the lot open to the sky, surrounding a building or
structure.
YARD, FRONT - means the space extending across the full width of the lot between side lot
Zoning Bylaw 20-243
Page 22
lines extending from the front property line to the nearest permitted building or structure.
YARD, REAR - means the space which extends across the full width of the lot between the
rear property line and the nearest permitted principal building or structure.
YARD, SIDE - means that part of the lot which extends from a front yard to the rear yard
between the side lot line and the nearest permitted principal building or structure.
Z
ZONE - means any zone into which the municipality is divided by this bylaw as illustrated on
the Zoning Map attached as Schedule A.
Zoning Bylaw 20-243
Page 23
Part 4 - Development Permits
22.
Development Permit Required
1.
Except as provided in section 23, all development or redevelopment or
commencement of any use in the municipality of Teslin requires a development
permit issued by the Development Officer.
23.
Development Permit Exemptions
1.
No development permit is required for the following activities provided that such
developments comply with all provisions of this bylaw and other applicable legislation:
(i)
alterations and minor repairs to any building or structure provided the work
does not change the use or intensity of use;
(ii)
the construction of a single storey accessory building or structure not greater
than 10m2 in floor area;
(iii)
the erection of fences and minor communication structures, construction of
walkways and driveways, and landscaping, where the existing grade and
surface drainage pattern is not materially altered and will not create off-site
impacts;
(iv)
the temporary use of a building or part thereof, in relation to an election,
census or referendum including candidate campaign offices;
(v)
the erection, repair and replacement of television and minor communication
related structures;
(vi)
demolition of a building under 10m2, except a designated heritage structure;
(vii)
the completion of a building or structure which was lawfully under construction
at the date on which this bylaw came into force and effect provided that the
building or structure is completed in accordance with the permit granted.
(viii) construction of a private dock subject to approval of the authority having
jurisdiction.
24.
Certificate of Zoning Compliance
1.
Where an applicant's proposed use or change of use is permitted within any zone and
it complies with every other section of this bylaw, the Development Officer may issue
a Certificate of Zoning Compliance in lieu of a development permit to facilitate
acquisition of a building permit or property title transfer.
2.
The Development Officer may, at the request of an applicant, provide a Certificate of
Zoning Compliance confirming the development has been completed in accordance
with a valid development permit and complies with this bylaw.
Zoning Bylaw 20-243
Page 24
3.
Every application for a Certificate of Zoning Compliance shall be made in writing on
the form (Schedule C) prescribed by the Development Officer.
25.
Development Permit Application
1.
Every application for a Development Permit shall be made in writing on the form
(Schedule D) prescribed by the Development Officer.
2.
Every application shall be signed by the registered owner or authorized agent of the
owner.
3.
A Development Officer shall not accept an incomplete application. An application will
not be deemed complete until all required details have been submitted and the
application fee paid.
4.
The Development Officer may refuse to accept a development permit application that
would otherwise comply with the requirements of this bylaw until proof of access to
the lot from a legal road right-of-way is confirmed and any required utility services
necessary for the proper operation of the proposed development will be available to
it.
5.
Every application shall describe the legal description and property address; nature of
the proposed development and include a site plan in duplicate at an appropriate
metric scale, illustrating lot dimensions, existing site features (i.e. fences, structures,
power poles, trees); the location of any proposed building, parking and loading areas;
the height, dimensions, and extent of site coverage; existing and proposed building
and lot grades, and site access.
6.
The Development Officer may require the inclusion of a site landscaping and
screening plan in all development permit applications for multi-family housing,
commercial, industrial and institutional developments.
7.
Upon receipt of a completed application for a conditional use, the Development
Officer shall deliver by hand or regular mail a Notice of Proposed Development
(Schedule E) to all assessed property owners within 100m of the proposed
development describing the proposed development, its location on a map showing
the proposed development in relation to the lot, street and abutting properties; the
name of the applicant and Development Officer where further information may be
obtained; and the date and time when Village Council will consider the application.
26.
Additional Information
1.
The Development Officer may require the following additional information to make an
informed decision:
(i)
a geotechnical evaluation of the lot, prepared by a qualified, registered
geotechnical engineer, to confirm slope stability, appropriate top-of-bank,
lakeshore and watercourse setbacks and site suitability for on-site septic
sewage disposal;
Zoning Bylaw 20-243
Page 25
(ii)
a landscape plan showing existing and proposed 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.
(iii)
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.
(iv)
an environmental impact statement where the magnitude or type of use may
have off-site implications of short or long term duration by virtue of the nature
of the activity proposed.
(v)
in case of proposed development on a lot impacted by the 1:100 year flood
elevation, the developable area of a lot as identified by a professional
surveyor.
27.
Permit, Certificate and Appeal Fees
1.
Every application shall be accompanied by the appropriate fee prescribed by Council
and set out in the Service Rates and Fees Bylaw.
28.
Development Permit Approvals
1.
The Development Officer shall approve a development permit when the proposed use
is listed as a permitted principal or secondary use in the zone in which the
development is proposed and the development conforms in every respect to the
applicable provisions of this bylaw.
2.
The Development Officer may add such conditions to a development permit as are
deemed necessary to ensure compliance with this bylaw, the Official Community
Plan, and the Act.
3.
A decision on an application shall be given to the applicant in writing on the approved
form.
4.
An application for a conditional use shall be referred to Council for decision within the
time limits prescribed in the Act.
5.
Unless otherwise specified in the permit, a valid development permit will expire if the
use or development has not commenced within 12 months of the date on which the
permit was issued. Upon application, a development permit can be extended for up to
a further 12 months.
29.
Development Agreements
1.
The Development Officer may recommend to Council that a development agreement
be required as a condition of approval. It may contain contractual arrangements as to
any or all of the following:
Zoning Bylaw 20-243
Page 26
(i)
the use of the lot in relation to any existing or proposed buildings or structures
including the preservation of buildings and structures;
(ii)
any requirements for flood-proofing, environmental setbacks or waivers of
municipal liability relating to known potential hazards;
(iii)
the timing and nature of development including such matters as site location,
drainage, grading, building height and dimensions, facade treatment,
landscaping, screening, parking and access;
(iv)
the extension, construction or replacement, in whole or in part, of roads,
sidewalks, street lighting, storm drainage, water supply distribution, garbage
and sewage disposal;
(v)
the provision of on-site recreation or other amenities to serve the
development; and
(vi)
the levying of a fee in lieu of otherwise providing for any of the matters
mentioned in the sub-clauses above.
Part 5 - General Regulations
30.
Uses Permitted in All Zones
1.
Except as otherwise stated in this bylaw, the following uses are permitted in all zones
subject to compliance with all regulations that apply to such uses under this bylaw:
(a) Accessory buildings, structures, uses or works customarily incidental to a principal
permitted use, provided they are located on the same parcel as the principal use, OR
where a permit has been issued for a principal use;
(b) Community garden, horticulture;
(c) Environmental protection, restoration and enhancement;
(d) Flood control works undertaken by a government agency;
(e) Highway;
(f) Landscaping, landscape buffer, landscape screen, fence;
(g) Park, greenbelts and environmental reserves;
(h) Public utility, excluding offices, maintenance garages and storage areas;
(i) During the period a Building Permit is in effect, temporary storage of building
materials shall be permitted in any yard of any lot, in all zones;
(k) Trails.
Zoning Bylaw 20-243
Page 27
31.
Prohibited in All Zones
1.
The following uses are prohibited in all zones except as explicitly permitted otherwise
in this bylaw:
(a) Disposal of any waste matter on land or to a watercourse, except as lawfully
permitted under the Solid Waste Regulations, Environment Act or other statutory
authority;
(b) Exterior storage of building materials except where building materials are stored
temporarily for use in construction or improvements on the same parcel.
(c) Exterior storage or salvage of more than one motor vehicle which is not currently
registered and licensed under the Motor Vehicle Act or capable of motivation under its
own power or exterior storage or salvage of motor vehicle parts;
(d) Gaming and gambling establishments, other than charity gaming;
(e) Keeping of roosters;
(f) Keeping of 5 or more cats or dogs (total) on a parcel;
(g) Kennels for the boarding or breeding of animals.
(h) Residential use of a recreational vehicle;
(i) Storage of any wastes or contaminated soils or fill not originating on the same
parcel;
(j) Storage of portable containers, other than during a construction project with an
active building permit;
(k) Temporary accommodation;
(l) Treatment of contaminated soils or fill on a parcel other than that upon which the
contamination arose.
32.
Uses Not Expressly Permitted are Prohibited
1.
Any use not expressly permitted in this bylaw is prohibited in every zone, and where a
particular use is expressly permitted in one zone, such use is prohibited in every zone
where it is not expressly permitted.
33.
Accessory Dwelling Unit
1.
For zones within which it is a permitted use, an accessory dwelling unit shall only be
permitted if:
(i)
The parcel is a minimum of 1 ha in area, OR the appropriate agency within the
Yukon Government has provided the Village of Teslin with assurances that the
Zoning Bylaw 20-243
Page 28
on-site wastewater disposal measures in place are adequate to address the
increased load;
(ii)
The gross floor area of the accessory dwelling is not more than 80 m2 (861 ft2);
and
(iii)
The accessory dwelling is legally constructed and inspected in accordance
with the National Building Code of Canada, Yukon edition.
34.
Accessory Uses
1.
Accessory uses and accessory buildings or structures are permitted in all zones
where a permit has been issued for a principal use.
2.
Accessory buildings or structures shall not exceed the maximum permitted height in
any zone.
35.
Backyard Hen Keeping
1.
For zones within which backyard hen keeping is a permitted use, the following
regulations apply:
(a) An enclosure for the keeping of hens must be provided, which is fenced and
secured;
(b) Buildings, structures and enclosures used for the keeping of hens shall:
i) Not be located within a front yard and within 6 m of a side or rear parcel line;
ii) Shall not occupy an area in excess of 15 m2;
iii) Shall not exceed a height of 2.5 m;
(c) Backyard hen keeping shall not create a nuisance of any kind;
(d) Backyard hen keeping shall comply with all bylaws including applicable animal
control bylaws.
36.
Camping During New House Construction
1.
An owner of a parcel of land may camp on the parcel while in the process of
constructing a permanent dwelling on the same parcel, provided that the following
conditions are met:
(i) The period of camping shall not extend beyond twelve (12) months from its
commencement, unless a development permit has been extended;
(ii) Camping shall not commence until a building permit has been issued for the
construction of a principal dwelling on the parcel, and camping shall cease after
occupancy of the newly constructed principal dwelling has begun;
(iii) Sewage shall be disposed of at approved off-site sani-dump locations, or if it is
disposed of on-site, in a location and manner that is permitted by the jurisdiction
having authority; and
(iv) The camping location shall be no closer than 4.5 metres to any parcel line.
37.
Fences, Hedges and Buffers
1.
Fences, hedges and buffers may be constructed or planted on any lot in any zone
except as specifically provided for in this bylaw.
Zoning Bylaw 20-243
Page 29
2.
The Development Officer may require any development in any zone to be fenced
where the proposed use may pose a public safety risk.
3.
The height of fencing required for any recreational activity shall be consistent with the
requirements of that sport or activity.
4.
The maximum height for fences, hedges and buffers shall be as follows:
ZONE
FRONT LOT LINE
SIDE LOT LINE(s)
REAR LOT LINE
VR
1.2m
2.0m
2.0m
CR
1.2m
2.0m
2.0m
C
1.2m
2.5m
2.5m
CF
1.2m
2.0m
2.5m
I
2.0m
3.0m
3.0m
5.
Notwithstanding the provisions of section 37.4, the owner of a comer lot in any zone
shall not at the intersection of the two streets grow or allow the growth of any hedge,
or build or maintain a solid fence or other solid structure, which exceeds a height of
1.0 m above the adjacent street level and which falls within a triangle of land formed
by the intersecting streets and a line connecting the points on the side property lines
7.5 metres from the intersection of the property lines. (See illustration: Figure 1)
Figure 1 Sight Triangle Illustration
6.
The fence material used in any zone shall be consistent with the character of the zone
in which it is located. Barbed wire may only be permitted as a fence top in industrial
zones or to surround public utility facilities where restricted access is essential for
public protection.
38.
Home Based Business
1.
The home-based business shall only be conducted within a dwelling or a wholly
enclosed accessory building.
Zoning Bylaw 20-243
Page 30
2.
The home-based business shall be clearly subservient and incidental to a principal
dwelling and residential use of the parcel upon which the dwelling is located.
3.
The home-based business shall not have a gross floor area that exceeds 100 m2 or
40% of the gross floor area of the principal dwelling in which the home-based
business use is located, whichever is less.
4.
There shall be no variation from a primarily residential appearance of the land and
premises where the home-based business is located.
5.
The home-based business shall not create excessive traffic or a nuisance of any kind.
6.
The home-based business shall not involve any external display or advertisement of
the business other than a maximum of one non-illuminated sign, which shall not
exceed 0.4 m2 in area.
7.
The home-based business shall not involve exterior storage of any material or
equipment used directly or indirectly in the processing, servicing or sale of any
product.
8.
The home-based business shall only be conducted by persons residing on the parcel,
except a maximum of one additional person who does not reside on the parcel may
be employed.
9.
The home-based business shall comply with all applicable territorial and federal
regulations.
10.
Automobile body shop, automobile service, boat service, automobile salvage or
wrecking yard, brewery, distillery, and process plant are not permitted as home-based
businesses.
11.
No off-site parking associated with the home-based business use is permitted.
39.
Land Use within the Vicinity of the Airport
1.
Land use within the vicinity of the Teslin aerodrome shall comply with the building
height, and aerodrome zoning restrictions.
2.
The Development Officer will refer all development applications for land abutting the
aerodrome to the authority having jurisdiction for comment.
40.
Lands Subject to Flooding and Drainage
1.
No development shall be permitted on any lot which falls within lands designated as
susceptible to a 1:100 year flood as outlined on the Zoning Map, unless the applicant
can demonstrate an acceptable method of flood proofing the proposed development
and completes the restrictive covenant and flood hazard waiver in Schedule F,
attached to this bylaw.
2.
Where a proposed development involves land filling, the Development Officer may
Zoning Bylaw 20-243
Page 31
require the applicant to submit a drainage plan and include provision for drainage
easements in the proposed development.
3.
With the exception of operable swale approaches, all driveways, in all zones
containing road-side ditches, require culverts of a minimum size of 300 mm diameter
x 4.8 m long.
41.
Lighting
1.
Any outdoor lighting for any development shall be located and arranged so that no
direct rays of light are directed at adjoining properties.
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.
42.
Natural Resource Extraction
1.
Natural resource extraction may be permitted in the Industrial (I) or Open Space (OS)
zones as a conditional land use with Council approval.
2.
In addition to the usual development permit application requirements, the applicant
shall provide information on the timeframe of intended operation, volume and
composition of the material to be removed, the associated environmental
consequences of development, the type and manner of extraction, processing and
storage, the method of reclamation and subsequent utility of the land for future use.
43.
Off Street Garbage and Recycling
1.
Where any proposed development requires collective waste disposal facilities, the
location, manner of storage and screening shall be indicated on the plans submitted
with the development permit application.
44.
Off Street Parking and Loading
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.
2.
Aisles shall be a minimum of 6.7m wide for 90° parking, 5.5m wide for 60° parking,
and 3.6m wide for 45°, 30°, and parallel parking.
3.
Each required off-street vehicle parking space shall have a minimum area of 16m2,
with a minimum stall width of 2.75m, exclusive of access driveways and aisles. Such
spaces shall have a minimum vertical clearance of 2.2m.
4.
The Development Officer may permit up to 10% of the required parking spaces to be
a shorter length to a minimum of 4.9m for small vehicle parking.
Zoning Bylaw 20-243
Page 32
5.
All highway commercial and tourist service uses shall provide parking spaces of
sufficient length and width to accommodate a range of vehicle types: including buses,
tractor trailer trucks and motor homes consistent with the type of traffic typically
associated with that type of use.
6.
The minimum dimensions of a bus parking space shall be 12.2m long, 3.6m wide with
a minimum vertical clearance of 4.6m.
7.
All access points, parking and loading areas shall be located 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 handicapped.
8.
One loading and unloading space is required for any building in a non-residential
zone.
9.
The minimum required off-street vehicle parking spaces for uses in all zones shall be
as follows:
Section 44.9: Parking Requirements
Type of Development or Use
Parking Spaces
Single detached housing, duplexes
2 per dwelling. The spaces may be in tandem.
Multi-family housing
1 per 1 bedroom/studio; 1.5 per 2 bedroom; 2
per 3 bedroom plus 1 space per 7 dwelling
units for guest parking.
Boarding houses
1 per 1.5 sleeping units
Living suites, bed & breakfast lodging, home
1 per suite in addition to number required for a
based business
single detached dwelling
Housing for senior citizens, regardless of
1 per 2 dwelling units plus 1 per 3 staff
housing type
Hotels, motels
1 per 1.5 sleeping units plus 2 bus spaces
Business support services, offices
3 per 100m2 of gross floor area
Retail store, personal service establishments
2 per 100m2 of gross floor area
Service stations, wholesale and drive-in
5 per 100m2 of gross floor area with a
businesses
minimum of 3 in-bound and 2 outbound
queuing spaces
Eating and drinking establishments
1 per 5 seats
Industrial uses
3 per 100m2 of gross floor area
Schools
1 per employee plus 2 for guest parking or 1
space per 10 seats in a gymnasium plus 2
Zoning Bylaw 20-243
Page 33
queuing stalls for buses.
Tourist services including museums
1 per employee plus 3 per 100m2 of gross
floor area and one bus space
Community recreation services, churches
1 per employee plus 1 per 5 seating spaces or
1 per 5m2 whichever is greater
45.
Parks, Greenbelts and Environmental Reserve
1.
Environmentally sensitive lands including wetlands, lands along the lakeshore, and
lands of spiritual and cultural significance to the Teslin Tlingit shall be protected from
development and inappropriate use through restricted access, setbacks, buffers and
such similar means as Council deems appropriate.
2.
Development that improves public access to and along the lakeshore 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).
46.
Projections into Required Yards/Setbacks
1.
Notwithstanding the prescribed building setbacks set out in this bylaw, steps, sills,
cornices, eaves, chimneys, front door canopies, bay windows, normal roof overhangs,
and light wells may project into the required yard, provided the projection does not
exceed one (1) meter.
47.
Screening and Outdoor Storage
1.
Storage of garden equipment, boats, trailers, campers or similar recreational
equipment, fuel wood and other such goods normally associated with the enjoyment
of residential property shall only be permitted in the rear and interior side yards of any
lot in a residential zone.
2.
Outdoor storage yards in all other zones shall be securely fenced. The Development
Officer may, given the nature of the proposed use, require additional screening and/or
landscaping to conceal the storage area from the street.
3.
Where a permitted development requiring outside storage abuts a residential zone,
the storage area shall be screened from the adjacent residential uses.
48.
Secondary Suite
1.
For zones within which it is a permitted use, a secondary suite shall only be permitted
if:
(i) The subject property is served by both a community water and community sewer
system, OR the parcel is a minimum of 1 ha in area, OR the appropriate agency
within the Yukon Government has provided the Village of Teslin with assurances
that the on-site wastewater disposal measures in place are adequate to address
the increased load.
(ii) The gross floor area of the secondary suite is not more than the lesser of
Zoning Bylaw 20-243
Page 34
(a) 80% of the total floor area of all storeys of the principal dwelling unit,
excluding the garage floor area and common spaces serving both dwelling
units, or
(b) 80 m2 (861 ft2);
(iii) The suite is legally constructed and inspected in accordance with the National
Building Code of Canada, Yukon edition.
49.
Signage
1.
All signs shall be regulated as accessory structures and their intended location
indicated on the plans submitted with the development permit application.
2.
No part of any free-standing sign shall project beyond the property line.
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.
4.
All fascia, canopy/awning, free-standing and projecting signs shall maintain a
minimum clearance of 2.5m above grade.
5.
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.
50.
Stables and Minor Agricultural Uses
1.
Minor agricultural pursuits shall be conducted so that they do not attract bears, and
do not create nuisances that interfere with the uses and enjoyment of neighbouring
properties.
2.
An area of not less than 0.2 ha shall be made available for the keeping of each horse,
cow, goat, sheep, or other similar animal. This area cannot overlap with the area for
the house, septic system, or other accessory residential uses.
3.
An owner may erect a stable as an accessory structure to house no more than 3
horses or other agricultural animals.
4.
No stable or other agricultural building for housing animals shall be located closer to a
lot line than 20m or erected on a lot of less than 2 ha in area, except as specifically
provided in this bylaw.
5.
In reviewing an application for a minor agricultural use, stable or other structure in
support of a minor agricultural activity, the Development Officer may require
provisions with respect to the placement of buildings, erection of fences, manner of
waste disposal and numbers housed to ensure the development is compatible with
abutting land uses and does not create a nuisance.
Zoning Bylaw 20-243
Page 35
51.
Water and Sewer Facilities
1.
Where piped municipal sanitary sewer service is available, no building on any lot in
any zone requiring provision for sanitary sewer service shall be constructed or used
for any purpose without proper connections to the sanitary sewer service.
2.
Where piped municipal sanitary sewer service is not available, the owner or
authorized agent shall provide a private water supply and sewage disposal system
approved in accordance with relevant Territorial and Federal regulations.
52.
Watercourse Setbacks
1.
Notwithstanding any other provision of this Bylaw, no building or structure shall be
located within 15 metres of the high water mark of any watercourse or a lake, unless
specified in a Development Permit.
2.
Notwithstanding any other provision of this bylaw, no building or structure used for the
keeping of animals, poultry or livestock shall be located within 30 m of a watercourse
or well;
Zoning Bylaw 20-243
Page 36
Part 6 - Zones
Division 1 - Establishment of Zones
53.
Zones
1.
For the purposes of this Bylaw, the land within the Village of Teslin is hereby
classified and zoned into the following categories:
VR
Village Residential
CR
Country Residential
C
Commercial
I
Industrial
OS
Open Space
ER
Environmental Reserve
CF
Community Facilities
P
Parks
A
Airport
RAZ
Runway Approach Overlay
54.
Zoning Map
1.
The Village is divided into land use zones with the boundaries shown on the attached
Zoning Map which is attached as Schedule "A" to this bylaw.
2.
Where Council adopts an amendment to the boundary of any land use zone, the
change will be duly reflected in an amendment to the Zoning Map.
3.
Where uncertainty exists as to the boundaries of zones as shown on the Zoning Map,
the following rules shall apply:
Rule 1. Where a boundary follows a public roadway, lane, pipeline easement,
power line, utility right-of-way or easement, it follows the centre line, unless
otherwise clearly indicated on the Zoning Map.
Rule 2. Where a boundary is shown as approximately following the Village
boundary, it follows the Village boundary.
Rule 3. Where a boundary is shown as approximately following a property
line, it shall be deemed to follow the lot line of the property.
Zoning Bylaw 20-243
Page 37
Rule 4. Where a boundary is shown as approximately following the shoreline
of a water-body such as a lake, river, or wetland, it follows the Ordinary High
Water Mark (OHWM) as shown on Schedule A.
Rule 5. Where a boundary is shown as following a geographic feature such as
a top of-bank contour line, it follows that line, and where the boundary is
shown as being generally parallel to, or an extension of any of the features
listed above, it shall be so.
4.
In circumstances not addressed by section 54.3, the location of the zone boundary
shall be determined by the dimensions set out on the Zoning Map; or where no
dimensions are set out on the Zoning Map, by measurement of and use of the scale
shown on the Zoning Map.
5.
When any public roadway is closed, the roadway lands shall assume the same
zoning as the abutting land. When abutting lands are zoned differently, and the road
allowance is consolidated with an adjoining parcel, the zone boundary shall reflect the
zoning of the consolidated lot.
Zoning Bylaw 20-243
Page 38
Division 2 - Zones
55.
VILLAGE RESIDENTIAL - (VR)
To provide a zone for a broad range of residential related uses on urban lots hooked up to
sewer services.
1.
PRINCIPAL USES
2.
SECONDARY USES
a)
single detached housing
a)
home based business
b)
duplex housing
b)
Backyard hen keeping
c)
manufactured home
c)
bed and breakfast lodging
d)
day care facility
3.
CONDITIONAL USES
e)
secondary suite
a)
emergency and protective services
b)
community care facility
c)
multi-family dwelling
d)
religious assembly
4.
DEVELOPMENT REGULATIONS
a)
The maximum building height is 2 storeys, up to 10 m in height.
b)
The minimum lot area for single detached and duplex housing is 450m2 and the
maximum site coverage is 40%.
c)
The minimum lot area for a multi-family dwelling is 800m2.
d)
Not more than one single detached dwelling, duplex or manufactured house shall be
permitted on any lot.
e)
Off-street parking shall be provided in accordance with the minimum number of
spaces listed in Section 44.9.
f)
The minimum building setbacks shall be as follows:
Use
Front
Side
Rear
Single Family Dwelling, Duplex,
3.0 m
1.5 m on one side and
3.0 m
Manufactured Home
3.0 m on the other
Multi-family
3.0 m
3.0 m on both sides
3.0 m
Accessory Building
3.0 m
0.5 m interior lot line,
3.0 m
lane; 3.0m from abutting
street
Corner Lot
3.0 m
1.5 m on the interior side
3.0 m
and 3.0 m on flanking
street
g)
No noxious uses will be permitted.
Zoning Bylaw 20-243
Page 39
56.
COUNTRY RESIDENTIAL - (CR)
To provide a zone for a rural residential lifestyle where a broad range of uses is permitted on
larger lots, normally without the provision of a full range of municipal services.
1.
PRINCIPAL USES
2.
SECONDARY USES
a)
single detached housing
a)
minor agriculture
b)
manufactured home
b)
Backyard hen keeping
c)
duplex, on properties connected to
community sewer, or 1 ha or greater in
area
c)
bed and breakfast lodging
d)
day care facility
3.
CONDITIONAL USES
e)
home based business
a)
airplane hangar
f)
secondary suite on lots 1 ha or larger in area
b)
emergency and protective services
g)
accessory dwelling unit on lots 1 ha or larger
in area
c)
general contractor service and service
shop
h)
Stable for the keeping of 3 or fewer horses
d)
community care facility
e)
institutional
f)
mobile home park
g)
religious assembly
h)
Accessory dwelling unit on lots less than 1
ha in area
i)
Secondary suite on lots less than 1 ha in
area
j)
Stable for the keeping of 4 or more horses
4.
DEVELOPMENT REGULATIONS
a)
The maximum permitted building height is 10.0 m.
b)
The minimum lot size is 1.0 ha and the maximum lot coverage is 25%.
c)
Not more than one duplex, or one single detached dwelling or manufactured
house and one accessory dwelling unit or secondary suite shall be permitted on
any lot except in the case of a mobile home park. For clarity, in no case shall
there be more than two dwellings (one principal and one accessory) on a lot, with
the exception of a mobile home park.
d)
Off-street parking shall be provided in accordance with the minimum number of
spaces listed in Section 44.9.
e)
Notwithstanding the limits on home based businesses as contained in the general
regulations, in the Country Residential zone, a home based business shall not
employ more than 3 individuals who are not residents of the dwelling unit.
f)
Where country residential lots are developed adjacent to the airport boundary,
and the Government of Yukon, Aviation Branch agrees to permit taxiway access,
an affected lot owner may apply to develop a hangar as an accessory use
oriented to the rear property line, provided that the development is similar in size
and appearance to a large garage and meets all other regulations as specified
herein.
Zoning Bylaw 20-243
Page 40
g)
No noxious uses will be permitted.
h)
The minimum building setbacks shall be as follows:
USE
FRONT
SIDE
REAR
Single Family Dwelling,
Manufactured Home,
Accessory Building
6.0 m
3.0 m both sides
6.0 m
Stable or other agricultural
building
20.0 m
20.0 m both sides
20.0 m
Zoning Bylaw 20-243
Page 41
57.
COMMERCIAL - (C)
To provide a zone for a broad mix of commercial uses including mixed use and vehicle
oriented developments that are land intensive in a manner that is compatible with
encouraging the development of a compact core commercial area.
1.
PRINCIPAL USES
2.
SECONDARY USES
a)
amusement arcades
a)
Home based business
b)
business support services
b)
Signs
c)
campgrounds and recreation vehicle parks
c)
residential use attached to primary
commercial uses
d)
commercial greenhouse
d)
Food truck
e)
commercial recreation services
f)
eating and drinking establishments
3.
CONDITIONAL USES
g)
emergency and protective services
a)
Animal hospital and/or shelter
h)
exhibition, convention, museum, visitor
reception/interpretation facilities
b)
Cannabis retail store
i)
financial services
c)
Day care facility
j)
general contractor services
d)
Stables
k)
health related services
e)
Seasonal employee accommodation or
caretaker living suite
l)
hotels and motels
m)
institutional services
n)
mixed use development
o)
Mobile home parks
p)
Multi-family housing
q)
Offices
r)
Personal service establishments
s)
Retail business
t)
Service shops
u)
Service stations and gas bars
v)
Theatres
4.
DEVELOPMENT REGULATIONS
a)
The maximum permitted building height is 10.0m.
b)
The minimum building setbacks shall be 3.0m from any lot line.
c)
Hard surfaced off-street parking shall be provided. Off-street parking shall be
provided in accordance with the minimum number of spaces listed in Section 44.9.
d)
Outside storage and garbage disposal areas shall be totally enclosed and screened
from view by a solid fence and are only permitted in the side and rear yards.
e)
One caretaker living suite, single family dwelling unit or seasonal employee
bunkhouse may be permitted as a conditional, accessory use for tourist related uses.
f)
Where a commercial use abuts a residential zone, the Development Officer may
require such additional fencing and/or landscaping as they deem necessary to screen
the residential area from the development.
g)
Where a commercial zone has been established to accommodate a long standing
existing commercial use on a specific lot(s), any change of commercial use shall take
Zoning Bylaw 20-243
Page 42
into account the residential nature of the surrounding residential zone. The
Development Officer may impose such additional restrictions and/or requirements to
ensure the change of commercial use does not generate an increase in traffic, noise
or type of activity greater than that which previously existed.
h)
No noxious uses will be permitted.
i)
A cannabis retail store shall not be located within 300 m of the Teslin school, any
registered day care facility, or community centre.
j)
A cannabis retail store shall not be located within 400 m of another cannabis retail
store.
k)
A cannabis retail store shall not operate between the hours of 8:00 pm and 9:00 am
daily.
l)
As part of the conditional use application, a cannabis retail store shall provide a plan
to prevent noxious smells from emanating from the business.
m)
For cannabis retail store uses, signs visible from the public right-of-way may only be
posted on the licensed retail business, and shall be limited to only one sign not more
than 1 m2 in area. For the purposes of this regulation, a projecting sign printed on
both sides is counted as one sign. The content of the sign shall not include any
content that specifically targets individuals under the age of 19, including but not
limited to cartoon characters or similar images.
n)
Food trucks are a permitted use on commercial properties, with the permission of the
property owners, so long as the food truck operator has the following items available
for checking by the Bylaw Officer:
i.
Valid liability insurance with a minimum limit of $2,000,000 for public liability
and property damage, and the Village of Teslin is named as an insured;
ii.
A current business licence, valid in Teslin;
iii.
A health permit for the food truck; and
iv.
Motor vehicle insurance for the mobile vending unit.
o)
Food trucks shall not operate between the hours of 12 midnight and 6 am.
Zoning Bylaw 20-243
Page 43
58.
INDUSTRIAL - (I)
To provide a zone primarily for industrial and service commercial uses which involve
activities such as manufacturing, assembly, distribution, service or repair and have a
requirement for outside storage.
1.
PRINCIPAL USES
2.
SECONDARY USES
a)
animal hospitals, pounds and related
services
a)
communication towers
b)
auto wrecking and junk yards
b)
signs
c)
bulk fuel storage
c)
Caretaker living suite
d)
bulk outdoor storage including aggregate
materials and forest products
e)
commercial storage
3.
CONDITIONAL USES
f)
equipment and vehicle rentals
a)
bulk fuel depots
g)
general contractor services
b)
concrete and asphalt plants
h)
heavy equipment sales and service
c)
hazardous goods storage
i)
indoor manufacturing facilities involving
assembly, fabrication, processing and
testing
d)
natural resource extraction
j)
mining and wood processing facilities
e)
seasonal staff accommodation
k)
public utility infrastructure
f)
stables
l)
service stations
m)
service shops
n)
transportation and communication facilities
o)
vehicle sales and service
p)
warehouses for storage, distribution and
wholesaling of goods and materials
4.
DEVELOPMENT REGULATIONS
a)
The maximum permitted building height is 10.0m.
b)
The minimum lot width is 30m and lot size is 900m2
c)
The minimum building setbacks shall be 6.0m from any lot line.
d)
Clear access for emergency vehicles of at least 4.6 metres around the perimeter of
all buildings must be provided.
e)
Notwithstanding the provisions of Section 102, junk yards, vehicle and equipment
storage lots, wrecking yards, bulk fuel and chemical storage shall be totally enclosed
by provision of a solid wooden fence or chain link fence to a height of 3.0m.
f)
Off-street parking shall be provided in accordance with the minimum number of
spaces listed in Section 44.9.
g)
Outside storage and garbage disposal areas shall be totally enclosed and screened
from view by a solid fence and are only permitted in the side and rear yards.
h)
Seasonal staff accommodation such as a bunk house may be permitted as a
temporary use, under the condition that the type of business activity would not pose a
public safety hazard and all other provisions of this bylaw can be met.
Zoning Bylaw 20-243
Page 44
i)
The Development Officer may require an applicant to submit an environmental
impact statement for any use or development would result in significant noise, air or
water emissions or create a fire or explosive hazard that would extend beyond the
perimeter of the site.
Zoning Bylaw 20-243
Page 45
59.
AIRPORT - (A)
To provide a zone to accommodate the operation of an airport and related uses.
1.
PRINCIPAL USES
2.
SECONDARY USES
a)
Aerodrome
a)
campgrounds
b)
aircraft sales/services and fueling facilities
b)
eating and drinking establishments
c)
airport related service shops
c)
Signs
d)
bulk fuel depots
d)
vehicle rentals
e)
commercial indoor and outdoor storage
including warehouses
f)
emergency and protective services
3.
CONDITIONAL USES
g)
public utility infrastructure
a)
indoor manufacturing
h)
public washrooms
b)
offices
i)
transportation and communication facilities
c)
general industrial services
j)
visitor information and interpretation facilities
4.
DEVELOPMENT REGULATIONS
a)
The maximum permitted building height is 10.0m.
b)
The minimum lot width is 15m and lot size is 450m2.
c)
The minimum building setbacks shall be 6.0m from any lot line
d)
Off-street parking shall be provided in accordance with the minimum number of
spaces listed in Section 44.9.
e)
Clear access for emergency vehicles of at least 4.6 metres around the perimeter of all
buildings must be provided.
f)
Land uses within airport boundaries shall be aviation related or intended to service
airport uses consistent with the Teslin Aerodrome Master Plan.
g)
All land uses in the vicinity of the aerodrome shall comply with the requirements of
Section 64.
Zoning Bylaw 20-243
Page 46
60.
OPEN SPACE - (OS)
To provide a zone for land with no other planned or designated use, in a generally
undeveloped and natural state until such time as the land may be designated by the Official
Community Plan for other uses. Areas zoned Open Space are currently understood to be
undevelopable (permaculture, poor drainage), but that may be developable in the future. In
the interim, Open Space lands provide a zone for areas of public land for indoor and outdoor
active and passive recreational uses and environmental protection where appropriate.
1.
PRINCIPAL USES
2.
SECONDARY USES
a)
buffers and greenbelts
a)
signs
b)
campgrounds
b)
trails including boardwalks for public safety
and convenience
c)
cemeteries
d)
conservation and environmental protection
areas
e)
historic, scientific and cultural exhibits
3.
CONDITIONAL USES
f)
indoor and outdoor recreation facilities
a)
Agriculture
g)
museums
b)
Community wood lots
h)
public utility infrastructure
c)
Stables
i)
public washrooms
d)
Natural Resource extraction
j)
visitor information and interpretation facilities
4.
DEVELOPMENT REGULATIONS
a)
Off-street parking shall be provided in accordance with the minimum number of
spaces listed in Section 44.9.
b)
The maximum permitted building height is 10.0m.
c)
The minimum building setbacks shall be 6.0m from any lot line.
d)
No noxious uses will be permitted.
e)
Council may require an applicant to enter into a Development Agreement for any
proposed conditional use within this zone to limit encumbrances to future planning
and ensure lands within the zone are maintained in, or can be returned to, a natural
undeveloped state.
f)
The minimum lot size is 1.0ha.
g)
No noxious uses will be permitted.
h)
Livestock are only permitted within the Village of Teslin through special permit
application. See Animal Control Bylaw for details.
Zoning Bylaw 20-243
Page 47
61.
ENVIRONMENTAL RESERVE - (ER)
To provide a zone for areas of public land for conservation and environmental protection,
with outdoor passive recreational uses where appropriate.
1.
PRINCIPAL USES
2.
SECONDARY USES
a)
buffers and greenbelts
a)
Interpretive signage
b)
Conservation
b)
trails including boardwalks for environmental
protection, as well as public safety and
convenience
c)
environmental protection
3.
CONDITIONAL USES
a)
none
4.
DEVELOPMENT REGULATIONS
a)
Off-street parking shall be provided in accordance with the minimum number of
spaces listed in Section 44.9.
b)
No noxious uses will be permitted.
Zoning Bylaw 20-243
Page 48
62.
COMMUNITY FACILITIES - (CF)
To provide a zone for public facilities of an institutional or community service nature.
1.
PRINCIPAL USES
2.
SECONDARY USES
a)
Campgrounds
a)
signs
b)
Cemeteries
c)
educational institutions
d)
emergency and protective services
e)
extended medical treatment services
f)
government and civic offices
g)
health centres
h)
historic, scientific and cultural exhibits
3.
CONDITIONAL USES
i)
indoor and outdoor recreation facilities
a)
detention and correction services
j)
institutional services
b)
Festivals and special events
k)
Libraries and museums
l)
Marina and float plane dock
m)
Non-profit institutions
n)
public utility infrastructure
o)
public washrooms
p)
Religious assembly
q)
visitor information and interpretation facilities
4.
DEVELOPMENT REGULATIONS
a)
Off-street parking shall be provided in accordance with the minimum number of
spaces listed in Section 44.9.
b)
The maximum permitted building height is 10.0m.
c)
The minimum building setbacks shall be 6.0m from the front and rear lot line and
3.0m from any side yard. In the case of a lot abutting two streets, both street
frontages shall be considered a front yard.
d)
Where a development abuts another zone, the minimum building setbacks shall be
consistent with the setbacks required in that zone.
Zoning Bylaw 20-243
Page 49
63.
PARKS - (P)
To provide a zone for public recreation.
1.
PRINCIPAL USES
2.
SECONDARY USES
a)
Playground
a)
Interpretive signage
b)
Ecological protection, restoration and
enhancement
b)
trails including boardwalks for environmental
protection, as well as public safety and
convenience
c)
Environmental education
c)
Information kiosk
d)
Wildlife sanctuary
d)
Buildings and structures directly related to the
park use
e)
Outdoor sports facility
f)
Greenbelt
3.
CONDITIONAL USES
a)
Festivals and special events
4.
DEVELOPMENT REGULATIONS
a)
Off-street parking shall be provided in accordance with the minimum number of
spaces listed in Section 44.9.
b)
The maximum permitted building height is 10.0m.
c)
The minimum building setbacks shall be 6.0m from the front and rear lot line and
3.0m from any side yard. In the case of a lot abutting two streets, both street
frontages shall be considered a front yard.
Zoning Bylaw 20-243
Page 50
64.
RUNWAY APPROACH OVERLAY - (RAZ)
To provide a zone to apply external development control imposed by the Government of
Canada.
1.
DEVELOPMENT REGULATION
a)
All development within this zone shall comply with Teslin Airport Zoning Regulations,
and SOR/94-591, Aeronautics Act, R.S.C. 1985, c. A-2.
Zoning Bylaw 20-243
Page 51
Part 7 - Repeal of Bylaws
65.
Repeals
1.
This bylaw repeals Bylaw 10-178, "Teslin Zoning Bylaw", and all amendments thereto.
Read a first time the 9th day of March, 2020
Advertising conducted in two consecutive issues of the Yukon News, July 17th and July 24th
2020, and posted in public locations in Teslin.
Public hearing held the 3rd day of August, 2020
Read a second time the 10th day of August, 2020
Read a third time the 28th day of September, 2020
Adopted the 28th day of September, 2020
_________________________
______________________________
Mayor, Gord Curran
CAO, Shelley Hassard
Zoning Bylaw 20-243
Page 52
Part 8 - Schedules
A.
Zoning Map
B.
Procedure for Applications to Amend Zoning Bylaw
C.
Certificate of Zoning Compliance Application
D.
Development Permit Application
E.
Notice of Proposed Development
F.
Flood Hazard Waiver
Zoning Bylaw 20-243
Page 53
Schedule A: Zoning Map
Zoning Bylaw 20-243
Page 54
Schedule B: Procedure for Applications to Amend Zoning Bylaw
Rezoning a parcel means changing its zoning designation from one zone to another, or
changing the regulations within a zone. The rezoning process allows the Village of Teslin
Council and the people of Teslin to consider the potential impacts of a development proposal on
the community and the environment before determining whether a change in land use or density
should be approved.
Before you apply
Prior to preparing a detailed proposal or submitting a formal application, you are advised to
meet with Village staff, to determine the best manner in which to proceed. Among the
preliminary considerations are the following:
1. Is the proposal consistent with the community vision, objectives and policies of the
Official Community Plan (OCP)? Check the OCP designation - an amendment to the
OCP may be required if the proposal is to be approved.
2. Make sure there is adequate servicing. All development proposals must include
provisions for required infrastructure such as sewer, water, drainage, and road access.
Check with Village staff to see what's possible.
3. An application form (Schedule D) must be completed in full and submitted to the Village
of Teslin office. The application must include:
-
A scale plan of the property showing true dimensions and shape of the property, the
site location of existing and proposed buildings, and additional information such as
dimensioned floor plans, elevations, watercourses, areas of standing water, etc.,
where applicable.
-
A copy of the legal plan of the property.
-
The approximate location of buildings and land uses on adjoining properties.
-
Payment of the applicable development application fee, per the Teslin Service Rates
and Fees Bylaw;
-
If required, a waiver (on the rezoning application form) or a completed site profile as
per the Yukon Contaminated Sites Regulation;
-
Any additional material, certified resolutions or comments in support of the
application. These may include engineer drawings, biologist reports or other
supportive or required materials.
After you apply
Upon submission, the application will be reviewed by Village staff, who will contact the applicant
to discuss the status of the application, the process and, if necessary, the need for more
information. One or more site visits to examine the subject property may be required.
Consultation with other agencies, such as the Teslin Tlingit Council, Yukon Environmental and
Socio-economic Assessment Board, Ministry of Environment, and Ministry of Highways and
Public Works may also be required.
Based on the information provided, and findings from reviewing the Official Community Plan,
site reviews, referrals, and research, a report will be prepared for Village Council. This report will
include options for Council consideration, including: 1) the option to prepare an amendment
bylaw for the proposal, as presented, 2) the option to require changes to the proposal (which
would be specified), prior to further consideration, and 3) the option to deny further
consideration of the application.
Zoning Bylaw 20-243
Page 55
Once Council wishes to proceed with an amendment bylaw, Village staff will prepare the draft
bylaw for consideration of first and second readings, and a public hearing process.
Public hearings are designed to allow the public to make comments and recommendations to
the Village Council respecting the rezoning application. At a public hearing, all persons who
believe that their interest in property is affected by the proposed bylaw must be afforded a
reasonable opportunity to be heard, or to present written submissions respecting matters
contained in the bylaw. Public hearings are advertised in local newspapers and, in most cases,
notices are also delivered or mailed to adjacent residents and land owners.
After the public hearing, a report and minutes are prepared, prior to determining whether to pass
third reading or deny the application. Rezoning applications that pass third reading are often
subject to a variety of conditions. Examples include the application of best management
practices or engineering standards, provision of amenities, parkland dedication, and other
measures, to ensure a high quality development that best benefits both the community and the
applicant. In such cases, fourth and final reading will occur only after these specific conditions
are met.
Once all conditions are met, the Board may pass fourth reading (or final adoption) of the
proposed zoning amendment bylaw. The subject property has then been successfully rezoned.
The Village of Teslin ensures that applications are dealt with in a timely manner, which may still
take up to six months. Factors that influence the speed of application processing include:
-
The type, size and complexity of the proposal.
-
Whether the application is straightforward or also requires an OCP amendment.
-
The number of other applications in progress.
-
The completeness and quality of required submission materials.
-
The ability of referral agencies to respond within specific time-frames.
Zoning Bylaw 20-243
Page 56
Schedule C: Certificate of Zoning Compliance Application
A Zoning Compliance Certificate is generally requested by a prospective property purchaser, a
real estate agent or lawyer, before a formal offer is made to purchase a property. A Zoning
Compliance Certificate is intended to confirm for the purchaser that the existing development on
the property is compliant with the regulations for the zone in which it is located and that all
buildings on the property meet the Zoning Bylaw regulations. This information can help inform
your real estate transaction.
To expedite issuance of your Certificate of Zoning Compliance, provide the following information
along with your request:
1. Your name,
2. How you want the Certificate delivered (mailing address, email address, fax or pickup),
3. Landowner's name, if different from applicant,
4. Business name, if applicable,
5. Legal land description.
The Certificate will be provided in a letter format, and will include the following information:
-
Identification of the property zoning, and a brief description of the intent of that particular
zone;
-
A list of the permitted and conditional uses in that zone;
-
A list of development or other permits that have been issued for the property, including
the permit status. Where a permit remains open, a summary of the deficiencies that
remain will be included;
-
Identification of any Orders that have been issued for the property; and
-
Any other items that are deemed important, which may be contained within the property
file.
Under no circumstances will staff comment or provide a perspective concerning the property
that is based on speculation. All information provided will be substantiated by the Village of
Teslin's municipal records.
Zoning Bylaw 20-243
Page 57
Schedule D: Land Development Application
Land Use & Development Application
Please note: Incomplete applications will be returned to the applicant.
I/We hereby apply under Division 3 of the Yukon Municipal Act for a:
❑ Development Permit
❑ Official Community Plan Amendment
❑ Development Variance Permit
❑ Other
❑ Rezoning
Property Details
Civic Address:
PID:
Existing OCP Designation:
Proposed OCP Designation:
Existing Zoning:
Proposed Zoning:
Existing Water Servicing:
Proposed Water Servicing:
Existing Sewer Servicing:
Proposed Sewer Servicing:
Development Details
Purpose of Application (Please provide a brief description of the proposed development)
Office Use
Only
Date Received
File Type:
Receipt No.
Fees Paid: $
Zoning Bylaw 20-243
Page 58
Application Requirements
Village staff shall indicate which of the following
attachments are required for your application.
NOTE: Additional information may also be required
at a later date
Required Received Details
Basic
Requirements
X
Pre-Application Meeting
X
Complete Application Form
X
Payment of Applicable Fees
X
Development rationale ... why it is a good idea
Site Plan
X
Maximum 11" x 17" site plan (including north arrow
and scale)
X
Location of existing and proposed driveways and
pathways
X
Location and dimensions of proposed buildings
and setbacks to existing lot lines, rights-of-way,
easements and covenants
Location of all water features, including streams,
wetlands, ponds, ditches, etc. on or adjacent to the
property
Location of all existing and proposed water lines,
wells, septic fields, sanitary sewer and other
infrastructure
Location, dimensions of all vehicle parking,
disability parking, vehicle stops and loading areas
Stormwater management infrastructure and
impermeable surfaces
Above ground services, equipment and exterior
lighting details
Existing natural grade and finished grades of site
including contour lines
Other:
Elevation
Drawings
All four elevations (front, rear, and two sides)
Height measurements (height survey may be
required)
Exterior finishes and materials
Cross sections
Other:
Additional
Information
Archaeological assessment
Environmental assessment
Erosion and sediment control plan
Geotechnical report
Parcel and impervious site coverage plan
Landscaping plan by a qualified professional
Site profile
Stormwater management plan
Traffic impact assessment
Riparian area assessment report
Other:
Zoning Bylaw 20-243
Page 59
Owner and Agent Contact Information
Owner's Contact
Information
Name of Owner
Phone Number
Address
City
Email
Postal Code
Agent's Contact
Information
Name of Agent
Company
Address
Phone Number
Email
Postal Code
Owner and Agent Declaration
The property described above is the subject of this application and is referred to herein as the 'subject
property.' This application is made with my full knowledge and consent. I declare that the information
submitted in support of the application is true and correct in all respects. By completing this application
form, the owner and/or applicant hereby is aware and authorizes site inspections to be conducted by
Village of Teslin staff, Council members, and any designees as appointed by the Village of Teslin Council.
Personal Information Declaration: This information is collected pursuant to Parts 4 and 7 of the Yukon
Municipal Act and the Yukon Access to Information and Protection of Privacy Act. The information
collected may form part of the public record and may be included in a meeting agenda that is posted
online when this matter is considered before the Village of Teslin Council. I hereby consent that all
information, including personal information, contained in this document, including all attachments, may be
made available to the public. For more information on disclosure, contact the Village of Teslin CAO.
Owner's
Declaration
Name of Owner (Print)
Signature of Owner
Date
Name of Owner (Print)
Signature of Owner
Date
Agent's
Declaration
Name of Agent (Print)
Signature of Agent
Date
Zoning Bylaw 20-243
Page 60
I/We, the owner, hereby give permission to _______________________
to act as my/our agent in all matters relating to this application.
Signature of Owner
Date
Signature of Owner
Date
Basic Site Plan: Sample
Zoning Bylaw 20-243
Page 61
Schedule E: Notice of Proposed Development Template
Notice of Proposed [Insert Type of Development Needing Public Review]
Date of Notice
[insert date of notice]
File No.
Place
[insert meeting location]
Date & Time of Public
Meeting
[Insert date & time of the
meeting]
Subject
[insert type of development and location information]
The Village of Teslin Council will consider an application regarding issuance of a [insert type of
development: rezoning or permit] during a public meeting beginning at [insert date and time
information]. This meeting will be held at [insert meeting location; identify if the meeting will be
held in person or electronically].
The purpose of the proposed permit is to [insert
short description of the application].
Subject Property
Civic Address: [insert]
Legal Description: [insert]
PID: [insert]
Zoning: [insert]
Inspection of Permit
The proposed permit and related documents,
are available in the Village of Teslin offices.
Public Input
The Village of Teslin Council will consider this application and any public submissions at a
public meeting, being held electronically, beginning at [insert date and time here]. If you believe
your interests will be affected by the proposed permit, you may provide written comments by
email to [email protected] or by mail to the Village of Teslin, #39 Nisutlin Drive, Teslin,
Yukon Territory, Y0A 1B0, prior to Noon on [insert date one business day before the scheduled
meeting].
Under normal circumstances, the public is welcome to attend Teslin Council meetings in person
and to speak during the Public Input Period, held at the beginning of each regular meeting.
However, during the current COVID-19 Public Health Emergency, physical meetings are
generally not being held. Check with [email protected] to identify opportunities to
participate in meetings held electronically.
Figure 2 Insert Context Map (above is example only)
Zoning Bylaw 20-243
Page 62
Decision
The Village of Teslin Council will make a final decision regarding [insert type of development
here] upon receipt of a recommendation from the staff, after the public meeting.
Site Plan
Figure 3 Sample Site Plan, showing existing structure on the lot
For more information, contact:
Shelley Hassard, CAO
Village of Teslin
[email protected]
T: (867) 390-2530
F: (867) 390-2104
Zoning Bylaw 20-243
Page 63
Schedule F: Flood Hazard Waiver (Template)
RESTRICTIVE COVENANT AND WAIVER
This Restrictive Covenant and Release dated the ___ day of ___________, 20__.
BETWEEN
THE VILLAGE OF TESLIN, a municipality form pursuant to the
Municipal Act (Yukon)
(the "Municipality")
AND
[NAME OF OWNER], individual(s) possessing real property
located in the Village of Teslin
(the "Owner")
WHEREAS:
A.
The Village of Teslin (the "Municipality") is the permitting authority for building within the
Village of Teslin in the Yukon Territory;
B.
The Owner is the registered owner in fee simple of the lands legally described as
[legal description]
(the "Subject Land");
C.
The Subject Lands are located in a flood plain as indicated in the attached map (the "Flood
Plain Zone");
D.
The Owner has applied for a development permit from the Municipality to develop or
otherwise build upon the Subject Land;
E.
Teslin Zoning Bylaw #20-243, as amended from time to time (the "Bylaw") states that no
development permit will be issued for land located in the flood plain zone unless the
applicant can demonstrate acceptable methods of flood proofing and completes a flood
hazard waiver;
F.
The Municipality is granting the development permit on the express condition that the
Owner enter into this Restrictive Covenant and Waiver;
G.
The purpose of this Restrictive Covenant and Waiver is as follows:
Zoning Bylaw 20-243
Page 64
(i)
for the Owner to acknowledge that the Subject Land is located in the Flood Plan
Zone;
(ii)
for the Owner to acknowledge that they have voluntarily assumed the risk
associated with building in the Flood Plain Zone; and
(ii)
for the Owner to acknowledge that development and building in the Flood Plain
Zone may be restricted by the development permit and/or building permits issued;
(iv)
for the Owner to waive any claim they may have as against the Municipality in
relation to building in the Flood Plain Zone, and otherwise release the Municipality
as against any claim stemming therefrom.
H.
The Municipality will register this Restrictive Covenant and Waiver as a restrictive
covenant to run with the land and bind future owners.
NOW THEREFORE in consideration of the premises and mutual terms, covenants and conditions
to be observed and performed by each of the parties hereto, the parties agree as follows:
1.
The Owner shall not develop the Subject Land unless the Owner can demonstrate an
acceptable method of flood proofing the development, and that such method is approved
by the Municipality.
2.
The Owner shall abide by all statutes, bylaws, regulations, Municipality policies,
development agreement and permits, in place as of the date of execution of this Restrictive
Covenant and Waiver or at any time thereafter.
3.
The Owner shall adhere to all building restrictions and safety precautions, if any, contained
in any issued permits, including flood proofing precautions prepared by the Owner in
accordance with the Bylaw.
4.
The Municipality makes no representations or warranties concerning the Subject Land's
suitability for construction, nor does the Municipality guarantee or otherwise warrant that
any flood proofing method, building restrictions or precautions will prevent flooding of the
Subject Lands or any improvements thereon.
5.
The Municipality may file an interest in the property as a restrictive covenant, caveat, or
such other document as it shall deem advisable against the title to the Subject Land so as
to provide notice to third parties of the restrictive covenants and waivers found herein. The
term "Owner" as used herein shall mean both the current owner and any subsequent
holder of title to the Subject Lands.
6.
The Owner agrees that pursuant to this Restrictive Covenant and Waiver, the conditions,
terms and provisions of this Agreement shall be deemed to be covenants running with the
title to the Subject Land and shall be binding upon the Owner and their successors.
Zoning Bylaw 20-243
Page 65
7.
Where it is deemed that a dominant tenement is required for this restrictive covenant, such
tenement shall be the real property on which the Municipality office is located.
8.
This Restrictive Covenant and Waiver shall enure to the benefit of and be binding upon
the parties, their heirs, executors, administrators, successors and assigns.
9.
The Owner confirms they understand the risk and potential danger of flooding of the
Subject Lands, and voluntarily accept the risks associated with building in the Flood Plain
Zone.
10.
The Owner recognizes that there is a potential danger of flooding of the Subject Lands
and in consideration for the issuance of the development permit for the Subject Lands,
the Owner, for themselves, their heirs, executors, administrators, assigns, transferees or
anyone else who may claim through ownership of the Subject Lands, covenant not to sue
and agree to waive, release and discharge the Municipality, its employees, agents and
representatives or anyone acting for or on their behalf, from any and all claims or liability
for personal injury, death, damage to property or loss of any nature or kind related to the
occupation of, and construction upon, the Subject Lands.
11.
The Owner shall not be liable for any breach of such stipulations committed upon the
Subject Lands after the Owner has parted with all interest of the Subject Lands.
12.
If any provision of this Restrictive Covenant and Waiver, or any part thereof, is
unenforceable or invalid for any reason whatsoever, the remainder of this Restrictive
Covenant and Waiver shall be binding upon the parties and shall be construed as if the
unenforceable or invalid provisions or part thereof have been deleted.
IN WITNESS WHEREOF the Purchaser has executed this Restrictive Covenant and Release as
of the date first written above.
THE VILLAGE OF TESLIN, per:
____________________________
(title): (name)
(SEAL)
____________________________
(title): (name)
Zoning Bylaw 20-243
Page 66
(OWNER), per:
____________________________
____________________________
(Name)
Witness (Name)
____________________________
(Name)
AFFIDAVIT OF WITNESS
I _____________________, of the Village of Teslin, in the Yukon Territory, SWEAR (OR
AFFIRM) THAT
1. I was personally present and did see the attached instrument duly signed and executed
by _____________________ and _____________________, the parties thereto for the
purposes named therein.
2. The said parties identified themselves to me to be the parties named in the within
instrument, and the parties are, in my belief, of the full age of nineteen (19) years.
3. I am not
a. a party to this instrument; or
b. a spouse, within the meaning of the Family Property and Support Act, of a party
to this instrument.
SWORN / AFFIRMED BEFORE ME )
at _____________ in Yukon Territory
)
on the ____ day of __________, 20____ )
___________________________________
)
(Signature of Witness)
)
__________________________________ )
___________________________________
(Signature of Notary or Commissioner)
)
(print full name)
)
__________________________________ )
(print full name)
)