Frequently Asked Questions

The Zoning Bylaw regulates the use and development of land and buildings in the city. Short-term rentals (STRs) have emerged in recent years as a new use of dwelling units and operations of STRs have to date been unregulated within Whitehorse. 

The current Zoning Bylaw was adopted in 2012, when the use of STRs was in its infancy, which is why it is silent on STRs. Now that we are rewriting the Zoning Bylaw, it is the time and place to create regulations for STRs.

The proposed regulations for STRs in residential zones attempt to maintain the primarily residential use of lots in these areas. An operator has the option to use their own primary residence dwelling as a STR while they are away, for a maximum of 6 months, or they can use a suite as a full-time STR. Since living and garden suites are optional developments and are not required in any zone, the proposed regulations allow one suite per property that can be operated full-time as a STR. The operator is required to live in the principal dwelling on the same lot as the suite in order to maintain the residential use envisioned for residentially zoned areas. 

The proposed regulations for STRs in commercial zones are less stringent because residential dwelling units are not required to be developed in these zones. There are no limits on the number of STRs per lot or per operator in commercial zones. However, full-time STRs in commercial zones could be subject to a commercial mill rate for property taxes.

When a new Zoning Bylaw is adopted, the uses of land and buildings that were in conformance with the previous Zoning Bylaw but that are no longer in compliance with the new Zoning Bylaw are considered legal non-confirming uses, sometimes referred to as ‘grandfathered uses.’ Legal non-conforming uses are permitted to continue until the property ceases to be used for the non-conforming use or the property undergoes changes that require that it comply with current regulations. 

Short-term rentals (STRs), however, are not a regulated use under the current Zoning Bylaw and therefore they are not considered a legal non-conforming use. Any existing STR would need to comply with the regulations in the new Zoning Bylaw once adopted. The proposed STR regulations are described below.

Residential Zones
The proposed regulations for short-term rentals (STRs) would allow for the operation of STRs in residential zones if the principal dwelling on the same property as the STR is the operator’s primary residence. If this primary residence requirement is met, you could operate one of the following types of STRs:

1. STR in a principal dwelling
   • An STR in the principal dwelling while you are away. 
   • It could be operated as a STR for a maximum of 6 months per year. 
2. STR in a suite
   • An STR in a living or garden suite.
   • It could be operated as an STR year-round.

A maximum of 1 STR per lot would be permitted, or in the case of a condominium, one per condominium unit. Therefore, if you were operating an STR in a suite, you couldn't also operate the principal dwelling as an STR while you are away, and vice versa.

Commercial Zones
In commercial zones, the operator would not be required to live on the same property as the STR(s) and there would be no limit on the number of STRs that can be operated on a single property or by a single operator. The STR could be in the operator’s primary residence while they are away, or it could be operated full-time in a unit that does not have a regular resident. Full-time STRs in commercial zones could be subject to a commercial mill rate for property taxes.

It depends if your property is located within a residential zone or a commercial zone. Under the proposed regulations, in residential zones, only one short-term rental would be permitted per property. In commercial zones, there would be no limit on the number of short-term rentals that can be operated on each property.

Short-term rentals (STRs) are not currently regulated within Whitehorse.   The City does not keep records or contact information of operators of STRs. 

The City has made significant efforts to inform the general public about the Zoning Bylaw Rewrite project. An online survey was released between November 2023 and January 2024 to gather insights on the current Zoning Bylaw and to identify areas that could be improved. Between January and April 2024, immediate housing-related amendments proceeded through the Council process, including a public hearing, which were ultimately adopted. Between July and September 2024, another online survey was released to gather public input specifically on STRs.

Furthermore, the draft Zoning Bylaw that we are currently collecting comments on through an online survey and in-person events has been advertised through social media, newspaper ads, local radio stations, open houses, community pop-ups, and direct notifications to community associations, the Whitehorse Chamber of Commerce, the Yukon Chamber of Commerce, the Yukon Contractors Association, the Yukon Real Estate Association, and other housing providers. 

In the Downtown area, there are no proposed changes to the commercial parking requirements. The proposed reduction in parking requirements is targeted towards residential uses in order to support housing supply and affordability, encourage sustainable transportation, and the give developers more flexibility to determine how much parking they require. 

Developers could still provide the same number of parking spaces for residential uses as they do under the current Zoning Bylaw if they feel it is warranted, but they would no longer be required to. If developers provide less on-site parking, they may provide additional residential units, which would allow for more people to live in the Downtown area and which could be beneficial for businesses. 

It’s possible that reduced on-site parking may lead to greater use of on-street parking, though this is expected to occur gradually as new developments are built. To respond to this, the City may need make changes to the way it manages on-street parking. Potential tools include expanding pay parking areas, time limits, or parking permits, as well as enhanced enforcement.  

Although it is proposed that there be no minimum parking requirement for residential uses within the Downtown in the CMD (Commercial – Mixed-use Downtown), CMR (Commercial – Mixed-use Riverfront), and OPS (Other – Public Services) zones, and reduced parking requirements in the Urban Core, Urban Centres, and in the RMM (Residential – Multi-unit Medium Density) and RMH (Residential – Multi-unit High Density) zones, that doesn’t mean that developers would provide no parking. 

The proposed parking reduction regulations are intended to target areas that are serviced by transit, active transportation infrastructure, or within walking distance to services. The proposed regulations provide developers with the flexibility to determine the actual parking needs of specific developments in these targeted areas in order to use space efficiently. Space otherwise dedicated to underutilized parking could now be used for developing additional housing units.

The City is continuously working to improve the transit and active transportation networks. The Official Community Plan contains a hierarchy of transportation modes which places active and shared transportation modes above personal vehicles.

The draft Zoning Bylaw includes revised parking requirements for bicycle parking, including new standards for the quality of parking. In addition to improvements in the draft Zoning Bylaw, the City’s Transportation Master Plan outlines active transportation and transit projects for the short-, medium-, and long-term. 

Under the current Zoning Bylaw, lots in Old Town are limited to a maximum of 4 units. However, the Whitehorse 2040 Official Community Plan (OCP) has a policy that allows a maximum density of 150 units per hectare in Old Town. In order to align with the OCP, the draft Zoning Bylaw proposes the same 150 units per hectare maximum density in Old Town which equates to up to 7 units on a typical 464 m² lot.

The Whitehorse 2040 Official Community Plan (OCP) was adopted in 2023 and contains a policy the allows a maximum building height of 25 metres in the Mixed-Use – Downtown Core land use designation. In order to promote the concentration of commercial and higher-density residential uses within the Downtown area, buildings up to 30 metres may be considered as well in this designation. However, the OCP states that buildings fronting onto Main Street, east of 4^th Avenue, will be no more than 20 m in height.

The OCP is the highest-level policy and planning document for the City. The OCP provides direction to other City tools and documents, such as the Zoning Bylaw. The Zoning Bylaw must align with the guidance provided by the OCP and therefore it is proposed that building heights in the Downtown area are increased in alignment with the OCP. 

Landscaping requirements in the draft Zoning Bylaw are intended to align with FireSmart principles. Some of the proposed changes include:

• No longer encouraging the use of coniferous trees;
• Where new coniferous trees are planted, they must be a minimum of 10 m from any principal building, including principal buildings that could be developed on an adjacent lot under current zoning regulations; 
• New trees and shrubs of any type must be planted a minimum of 1.5 m from any principal building; and
• Mulch is no longer listed as an acceptable ground cover.

The City will be engaging the public specifically on proposed FireSmart Bylaw and Policy changes in the summer of 2025. 

While the landscaping regulations in the proposed bylaw are designed to set minimum standards that align with FireSmart principles, there are many things you can do beyond what’s described in the draft Zoning Bylaw to reduce the risk to your home and property. We encourage residents and businesses to book a free FireSmart Property Assessment to assess your property for specific wildfire exposure hazards and to learn about actions you can take to reduce the impact of a wildfire on your property. Visit Whitehorse.ca/firesmart to learn more.

After the public engagement period ends on June 20^th, the City will make adjustments to the draft Zoning Bylaw based on what we heard. An updated draft Zoning Bylaw is expected to be presented to the City’s Planning Committee in August, after which it will proceed through the Council process. 

As part of the Council process, a public hearing will be held to collect public input on the proposed Zoning Bylaw. The final date of adoption can vary based on several factors, however we anticipate that the Zoning Bylaw will be adopted before the end of the year. To stay up to date on the project timeline, subscribe to the Engage Whitehorse project page.

The draft Zoning Bylaw has been reformatted and simplified in order to improve a reader’s ability to navigate the document and understand the regulations. As such, a number of zones were consolidated to reduce the number of zones. 

If you know the current zoning of your property, see the Zone Conversion Table to determine what the new proposed zone is for your property (there may be some exceptions). You can also view the proposed zone for your property on the draft Zoning Maps. See the draft Zoning Bylaw to view the regulations that correspond to your zone.