agenda - planning committee of the whole december 15… · a regular meeting of the planning...

A Regular Meeting of the Planning Committee of the Whole will be held on December 15, 2014 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.

AGENDA - PLANNING COMMITTEE OF THE WHOLE

DECEMBER 15, 2014

Page

1. Call to Order

2. Adoption of Agenda

a. Consideration of a resolution to adopt the agenda.

3. Disclosure of Interest

4. Adoption of Minutes

a. None.

5. Planning

a. Delegations and Petitions

1. Terry Sararas, agent, to attend Re: item 6.a., ZBA-01/14, Koff

2. Brock Napier, to attend Re: item 6.a., ZBA-01/14, Koff

3. Margaret Walton, agent, Planscape, to attend Re: item 6.b., Zoning By-law 2014-14

b. Zoning By-law / Official Plan Amendments

c. Site Plans / Plans of Subdivision and Condominium

d. Long Range Planning / Special Projects

1. Report from the Director of Planning, Re: Zoning By-law 2014-14

3-325

of 379

Page

e. Heritage

1. Verbal Report from the Director of Planning, Re: Bala Heritage Conservation District

f. Other Business

1. Report from the Director of Planning, Re: Zoning By-law Amendment Administration

6. New and Unfinished Business

a. ZBA-01/14, Koff, Part of Lot 28, Concession 10, Part 1 on Plan 35R-17854, (Medora), Roll # 4-15-015

7. Committee in Closed Session

8. Adjournment

a. Consideration of a resolution to adjourn.

326-328

329-379

of 379

COMPREHENSIVE ZONING BY-LAW

REVIEW

Report from the Director of Planning, Re: Zoning By-law

of 379

of 2

PLANNING COMMITTEE OF THE WHOLE

AGENDA REPORT TO: Mayor Furniss and Members of Planning Committee of the Whole MEETING DATE: December 15, 2014 SUBJECT: Draft Comprehensive Zoning By-law 2014-14 RECOMMENDATION: For Committee’s information, discussion and direction to staff. APPROVALS: Date Signature

Submitted By: D. Pink, Director of Planning 09/12/14 Original signed by D. Pink

Acknowledged: C. Harris, Interim CAO 09/12/14 Original signed by C. Harris

ORIGIN This report is a result of numerous meetings and discussions on the Comprehensive Zoning By-law review process, culminating in Draft 5 of proposed Zoning By-law 2014-14. The draft and track change version has been placed on the current Planning Committee of the Whole agenda. At the Council meeting of November 14, 2014, the outgoing Council chose not to pass the By-law, but opted to allow the incoming Council that opportunity. They did indicate they wished to see the By-law passed early in the new term. In fairness to new members of Council who have not had an opportunity to review the draft By-law, it has been placed on the current Planning Committee of the Whole agenda for review and comments. ANALYSIS Staff’s preference, upon the review of Planning Committee of the Whole members, is to place the By-law on the January 2015 Council meeting for consideration of passage. In the interim, changes can still be made, and submissions continue to be received. Submissions Three submissions have recently been received and are attached to the current agenda for the review of Committee members. Although these specific submissions have not been reviewed by Committee/Council, it should be noted that both authors have submitted several comments on the By-law in the past, and almost all suggestions within the latest letters have previously been made and debated by Council, with direction provided.


of 379

of 2

Lake Trout Lakes Staff is recently in receipt of correspondence from the Ministry of Natural Resources and Forestry advising of potential changes to the management designation of several Lake Trout lakes. The Township of Muskoka Lakes has two “put-grow-take stocking” (“P-G-T”) Lake Trout lakes, Young Lake and Long/Cardwell Lake. Within the correspondence it is noted Long/Cardwell Lake is proposed to change, with active management actions to no longer occur. Zoning By-law 2014-14 has a new Lake Trout lake zone (WR7) for these two lakes, as Official Plan policies are quite stringent and differ from other waterfront areas. Unfortunately, the proposed change to status is currently in an advisory/commenting period, and the re-designation has not yet taken effect. As a result, a housekeeping by-law or further amendment to the Zoning By-law to rezone Cardwell/Long Lake may be required in the relatively near future.


of 379

THE CORPORATION OF THE TOWNSHIP OF

MUSKOKA LAKES

COMPREHENSIVE ZONING BY-LAW 2014-14

Draft. 1 – October 2013

Revised February 2014

Draft. 2 – August 2014

Draft 3 – September 2014

Draft 4 – September 17, 2014

Draft 5 – November 7, 2014


of 379

EXPLANATORY NOTE By-law 2014-14 is a Comprehensive Zoning By-law (Zoning By-law) for the Township of Muskoka Lakes. This explanatory note explains the purpose of this Zoning By-law and how it should be used. These pages do not form part of the Zoning By-law passed by Council and are intended only to make the Zoning By-law more understandable and easier to reference. Purpose of this Zoning By-law The purpose of the Zoning By-law is to implement the policies of the Official Plan for the District of Muskoka and the Official Plan for the Township of Muskoka Lakes. The District and Township Official Plans both contain general policies that affect the use of land throughout the Township. These policies specify where certain land uses are permitted and, in some instances, specify what regulations should apply to the development of certain lands. The District and Township Official Plans are general documents that are not intended to regulate every aspect of the built-form on a private lot. In the Province of Ontario, this is the role of the Zoning By-law. The statutory authority to zone land is granted by the Ontario Planning Act. The Planning Act specifies what a By-law can regulate. A Zoning By-law can:

• Prohibit the use of land or buildings for any use that is not specifically permitted in the By-law;

• Prohibit the erection or siting of buildings and structures on a lot except in locations permitted by the By-law;

• Regulate the type of construction and the height, bulk, location, size, floor area, spacing and use of buildings or structures;

• Regulate the minimum frontage and depth for a parcel of land;

• Regulate the proportion of any lot, a building or structure may occupy; • Regulate the minimum elevation of doors, windows or other openings in buildings or

structures;

• Require parking and loading facilities be provided and maintained for a purpose permitted by the By-law; and

• Prohibit the use of lands and the erection of buildings or structures on land that is: - subject to flooding - the site of steep slopes - rocky, low-lying, marshy or unstable; - contaminated; - a sensitive groundwater recharge area or head water area; - the location of a sensitive aquifer; - a significant wildlife habitat area, wetland, woodland, ravine, valley or area of

natural and scientific interest; - a significant corridor or shoreline of a lake, river or stream; or, - the site of a significant archaeological resource.

How to Use This By-law

In order to reference this By-law most easily, a property owner should follow each of the steps listed below to determine what permissions apply to their particular property.

Locate the Property on the Zone Schedules

The first step to using this By-law is to refer to the zone schedules (maps) that are available in hard copy at the Township Office or electronically on the Township’s website. These schedules


of 379

will indicate the zone category in which a particular property is located. The zone category is indicated on the schedules by a symbol or abbreviation. For example, you may see the boundary of the property you wish to obtain information on, with a WR1 abbreviation on it. This indicates that the property is within the ‘Waterfront Residential’ zone. To obtain the specific requirements of that zone you would reference Section 4.0 – Waterfront Zones of the By-law.

If you are unsure of the property boundaries or the applicable zone symbol, consult the Township’s Planning Department for further clarification.

By-law Amendments

A Zoning By-law is not a static document; it is amended over time as demands and policies governing land use change. Before proceeding any further, you should verify that your property is not the subject of an earlier Zoning By-law amendment. While the Township aims to make regular consolidations to the By-law, more recent amendments may not be included in the version you are viewing. The Township’s Planning Department will be able to assist you to confirm if your property has been subject to a more recent By-law amendment.

Zone Provisions

The next step to using this By-law is to determine what uses are permitted on your property. Sections 4 to 10 of the By-law identify the permitted uses and zone standards for each zone in the Municipality.

Section 11.0 can assist you if you are not sure what a permitted use entails or how it has been defined by the Township. All words found in italics within the By-law have been defined within Section 11.0, except those directly located in the tables of this document which are not italicized. If a word is not italicized, it is not specifically defined. Uses which are not listed as permitted uses within a particular zone are not permitted in that zone.

Once you have identified the permitted uses within your zone you can further review Section 4 to 10 to determine the zone standards and provisions applicable to your property. Zone standards include standards for minimum lot area, minimum yard requirements, maximum lot coverage for buildings, etc. To develop or redevelop the property, you will be required to meet these standards.

General Provisions

In addition to the specific standards of the zone on your property, Section 3.0 of the By-law also contains General Provisions that apply to all properties in all zones in the Township. Consult this section to understand provisions that relate to accessory structures regardless of which zone they are located within in the Township. This Section will also provide you with the required parking and loading spaces required on a site, based on use.

Exemptions, Holding Zones and Temporary Uses

If the zone symbol for your property contains a special suffix (i.e. –H or -T) this indicates that the property is subject to additional provisions known either as a Holding provision or Temporary Use. The requirements associated with these zones should be discussed with Township Planning Staff. If the zone symbol for your property contains a special number suffix (i.e. 87-123) this indicates that the property is subject to site-specific regulations which must be obtained from Township Planning Staff. Section 12 contains exemptions to the by-law and is contained under separate cover and is available at the Township office.

What happens if you can’t meet the By-law’s requirements?

Sometimes it is not possible to meet all of the By-law’s requirements and therefore a permit or approval cannot be issued. You are encouraged to discuss your options with Township Planning Staff to determine if revised plans can accommodate your needs, or if an application for a Minor Variance or Zoning By-law Amendment should be submitted.


of 379

All measurements in this By-law are shown in metric and imperial. Metric measurements shall prevail.


of 379

THE TOWNSHIP OF MUSKOKA LAKES By-law No. 2014-14

BEING a regulatory By-law to implement the policies of the Official Plan for the Corporation of the Township of Muskoka Lakes and govern land use. WHEREAS the Council of the Corporation of the Township of Muskoka Lakes deems it in the public interest to prohibit and regulate the use of land, buildings and structures. AND WHEREAS pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990, c.P. 13 as amended, By-laws may be enacted and amended by Councils of Municipalities; NOW THEREFORE the Council of the Corporation of the Township of Muskoka Lakes enacts as follows:


of 379

TABLE OF CONTENTS

Township of Muskoka Lakes Zoning By-law

6

TABLE OF CONTENTS

SECTION 1 INTRODUCTION

1.1 Title 9 1.2 Components 9 1.3 Application 9 1.4 Scope 9 1.5 Repeal of Existing By-laws 9 1.6 Validity 9 1.7 Effective Date 9 1.8 Components of the By-law 10 1.9 Schedules 10 1.10 Zones 10 1.11 Public Acquisition 11

SECTION 2 INTERPRETATION AND ADMINISTRATION

2.1 Use of Zone Symbols 12 2.2 Application of Zones 12 2.3 2.4 2.5 2.6 2.7

Discrepancies Boundary Interpretation Interpretation of Words Interpretation of Provisions Interpretation of Numbers

12 12 12 13 13

2.8 Holding Provision Symbols 13 2.9 Relationship with Other By-laws 13 2.10 General Interpretation and Application 13 2.11 Zones Abutting Water 14 2.12 Official Plan Requirements 14 2.13 Minor Variances to Former By-laws 14 2.14 Illustrative Diagrams 14

SECTION 3 GENERAL PROVISIONS

3.1 Public Uses 15 3.2 Non-Complying Lots, Buildings and Structures 15 3.3 Non-Conforming Uses, Buildings and Structures 16 3.4 Lots of Record 17 3.5 Accessory Buildings and Structures 18 3.6 Building Interior Design 19 3.7 Frontage or Public Street or Navigable Waterway 19 3.8 Frontage on an Original Shore Road Allowance 20 3.9 Reduction of Lot Area 20 3.10 Greater Restriction 20 3.11 Height Exceptions 20 3.12 Prohibited Habitation 20 3.13 Home Based Business 20 3.14 Right-of-Way/Lane as a Yard 21 3.15 Change in Use or Location 21 3.16 Abandoned Equipment and Motor Vehicles Without Current License

Plates 22

3.17 Automobile Service Stations 22 3.18 Landscaped Buffers 22


of 379

TABLE OF CONTENTS


7

3.19 Dwelling Unit in a Non-Residential Building 22 3.20 Reduction of Requirements 23 3.21 Sight Triangle 23 3.22 Signs 23 3.23 Setback From Streets and Unopened Road Allowances 23 3.24 Setbacks from Municipal Sewage and Water Facilities 23 3.25 Yard Encroachments 24 3.26 Recreational Vehicles 24 3.27 Mobile Homes and Mobile Units 24 3.28 Parking Requirements 25 3.29 Loading Areas 29 3.30 Prohibited Uses in All Zones 30 3.31 Permitted Uses in All Zones 30 3.32 More than one Zone on a Lot 30 3.33 One Dwelling / One Lot 30 3.34 Maximum Habitable Floor Area for a Dwelling 31 3.35 Buildable Area 31 3.36 Group Homes 31 3.37 Calculating Gross Floor Area 31 3.38 Commercial Operations on More than One Lot 31 3.39 Exemptions to the By-law 31 3.40 Lots of Two or More Land Parcels 31 3.41 Services in Resort Village of Minett 32 3.42 Services in Communities 32 3.43 Lands Adjacent to Land Zoned Rural Industrial (RuM3) and Landfill Sites 32 3.44 Illegal Structures Constructed Prior to Passage of By-law 32

SECTION 4 WATERFRONT ZONES

4.1 Waterfront Residential Zones 33 4.2 Waterfront Commercial Zones 46 4.3 Waterfront Landing Zones 56

SECTION 5 COMMUNITY ZONES

5.1 Community Residential Zones 59 5.2 Community Commercial Zones 69 5.3 Community Industrial Zones 77

SECTION 6 RURAL ZONES

6.1 Rural Zones 80 6.2 Rural Commercial Zones 85 6.3 Rural Industrial Zones 90

SECTION 7 INSTITUTIONAL ZONES

7.1 Institutional Zone 93

SECTION 8 ENVIRONMENTAL PROTECTION ZONES

8.1 Environmental Protection Zone 96


of 379

TABLE OF CONTENTS


8

SECTION 9 OPEN SPACE ZONES

9.1 Waterbody Open Space Zone: Lands Under Water 97 9.2 Open Space Zones 98

SECTION 10 GENERAL RESTRICTED ZONE

10.1 General Restricted Zone 102

SECTION 11 DEFINITIONS 103

SECTION 12 EXEMPTIONS 128

SECTION 13 ENACTMENT 130

APPENDIX 1 METRIC CONVERSION TABLE 131

APPENDIX 2 ILLUSTRATIVE DIAGRAMS 132

APPENDIX 3 INACTIVE LANDFILL LOCATIONS 135


of 379

1.0 INTRODUCTION


9

1.1 TITLE This By-law shall be cited as the “Township of Muskoka Lakes Zoning By-law 2014-14”

1.2 COMPONENTS This By-law consists of all textual components and schedules contained herein. The

appendices are not considered part of this document.

1.3 APPLICATION

The provisions of this By-law shall apply to all lands including islands within the boundaries of the Township of Muskoka Lakes (herein after referred to as ‘the Township’).

Where a Zone on the Schedules abuts a waterway or original shore road allowance, such Zone shall be deemed to extend to the high water mark. No building or structure shall be erected, altered or used, and the use of any building, structure or lot shall not be changed, in whole or in part, except in conformity with the provisions of this By-law.

1.4 SCOPE No lands shall be used and no buildings or structures shall be erected, altered, enlarged and

no changes may be made to the use of any buildings or structures or lands within the Township except in conformity with the provisions of this By-law. Uses not listed as permitted or otherwise provided for in this By-law shall be prohibited. In the event of any inconsistency or conflict between two or more provisions in this By-law, the more restrictive provision shall prevail.

1.5 REPEAL OF EXISTING BY-LAWS

From the date of the coming into force of this By-law, all previous By-laws passed under Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, or predecessor thereof, shall be deemed to have been repealed except for those specifically preserved in Section 12 or by General Provision 3.39.

1.6 VALIDITY

Every provision of this By-law is declared to be severable from the remainder of this By-law

and, if any provision of this By-law shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity, effectiveness, or enforceability of the remainder thereof.

1.7 EFFECTIVE DATE

This By-law shall come into force and take effect on the day it is passed by Council subject

to any approval necessary pursuant to the Planning Act, R.S.O. 1990, c.P.13 as amended from time to time.


of 379

1.0 INTRODUCTION


10

1.8 COMPONENTS OF THE BY-LAW

Section 1: Introduction Section 2: Administration and Interpretation Section 3: General Provisions Section 4: Waterfront Section 5: Community Section 6: Rural Section 7: Institutional Section 8: Environmental Protection Section 9: Open Space Section 10: General Restricted Section 11: Definitions Section 12: Exemptions Section 13: Enactment Appendix 1: Metric Conversions Table Appendix 2: Illustrations Appendix 3: Inactive Landfill Locations Table 1: Lake Classification Table (Located within Section 4.0)

1.9 SCHEDULES Schedules “1” to “62” contained under separate cover are hereby declared to form part of

this By-law. 1.10 ZONES

For the purpose of this By-law the following zone symbols are used and the location of such

zones are established on Schedules “1” to “62” (Zoning Maps) and the land shown is zoned accordingly.

WATERFRONT COMMUNITY RURAL

Rural --- --- Ru1, Ru2, Ru3, RuSp, RuSA

Residential WR1, WR2, WR3, WR4, WR5, WR6, WR7, WR8

R1, R2, R3, R4, RM1, RM2

RuR, Ru4, RuRH

Commercial WC, WC1, WC1A1, WC1A2, WC1A3, WC1A4, WC1B, WC1B1, WC2, WC3, WC4, WC5, WC6, WC7, WC4A.5, WC4A1, WC4A1.5, WC4A2, WC4B, WC4B1

C1A, C1B, C1C, C1CA, C1D, C1DA, C2, C3, C4, C5

RuC1, RuC2, RuC2B, RuC3, RuC4, RuC5, RuC6

Waterfront Landing

WL --- ---

Industrial --- M1, M2, M3 RuM1, RuM2, RuM3, RuM4

Institutional I

Environmental Protection

EP1, EP1-PSW, EP2

Open Space WOS, OS1, OS2, OS3, OS4

General Restricted

GR


of 379

1.0 INTRODUCTION


11

1.11 PUBLIC ACQUISITION

No lot contravenes any provision of this By-law by reason of the fact that any part of the lot

has been conveyed to or acquired from any public authority.


of 379

2.0 ADMINISTRATION AND INTERPRETATION


12

2.1 USE OF ZONE SYMBOLS The symbols listed in subsection 1.10 may precede the word “Zone” (i.e. WR Zone) in

place of the “Zone Name” and shall have the same meaning. The symbols, when used within the Schedules of this By-law, shall refer to the Zone in which the lands are situated and the provisions of such Zone shall apply.

2.2 APPLICATION OF ZONES No person within any Zones defined in this By-law and delineated on the Zoning

Schedules attached hereto, shall use any lands, buildings or structures, or erect, alter, enlarge or make changes to any buildings or structures or to the use of any buildings or structures or lands except in compliance with the provisions of this By-law.

2.3 DISCREPANCIES In the event that there is a discrepancy between regulations in the “General Provisions”

of this By-law and a specific Zone, the most restrictive provisions shall apply, except where specifically stated otherwise.

2.4 BOUNDARY INTERPRETATION Where any uncertainty exists as to the location of any boundary of any zone, the following

applies: a. Where the boundary is shown as following a street, lane, railway, right-of-way, water

course, or electrical transmission line then the zone boundary is the centre line of such;

b. Where the boundary is shown as substantially following the lot line on a registered

plan of subdivision or a reference plan, then the zone boundary is the lot line; c. Where the boundary is shown as substantially following the shoreline of a

watercourse or waterbody or original shore road allowance, the zone boundary is the high water mark; and

d. Where uncertainty exists as to the boundary of any zone then the boundary of such

zone shall be determined in accordance with the scale on the applicable Schedule at the original size.

2.5 INTERPRETATION OF WORDS For the purposes of this By-law:

a. words used in the present tense include the future;

b. words in singular number include the plural, and words in the plural include the

singular number;

c. the word “shall” is mandatory;

d. the words “used” and “occupied” mean “designed to be used” or “designed to be occupied”;


of 379



13

e. the words indicated in italics are defined in Section 11 “Definitions”; and

f. where a word or a phrase is used in an amending by-law, and that word or phrase is defined in Section 11 of this By-law, and that word or phrase does not appear in italic letters in that amending by-law, then that word or phrase shall nevertheless be considered a reference to the defined word or phrase contained in Section 11 of this By-law, unless the context of the amended by-law clearly and obviously requires otherwise.

2.6 INTERPRETATION OF PROVISIONS The provisions and regulations of this By-law are the minimum requirements except where

the word “maximum” is used, in which case the provisions and regulations are the maximum permissible.

2.7 INTERPRETATION OF NUMBERS

Where any numbers or values are specified in this by-law, such quantities shall be considered to no more than one decimal place. During measurement of any lot, building, or structure, if the number or value at one decimal place is followed by 5, 6, 7, 8, or 9, round the number up. If the number or value at one decimal place is followed by 0, 1, 2, 3, or 4, round the number down.

All measurements in this by-law are shown in metric and the imperial equivalent is in

brackets following. The metric measurement shall prevail and the imperial measurement is for reference only.

2.8 HOLDING PROVISION SYMBOLS Where a Zone symbol applying to certain lands on the Schedules is followed by a dash and

the letter “(H)” in brackets, the lands shall be placed in a “Holding Zone” pursuant to the Planning Act, R.S.O. 1990, c.P.13, as amended. The Holding Symbol “H” shall be removed according to the provisions of the Official Plan and the provisions of this By-law and the amendments hereto. When the Holding Symbol has been removed, the lands shall be developed according to the requirements of the zone used in conjunction with the Holding Symbol. Until the “H” is removed, no person shall use those lands except in compliance with the provisions of the applicable zone for uses existing on the date of passing of this By-law or amendment thereto, except as may otherwise be provided for on specific properties by special zone or general provisions contained in this By-law.

2.9 RELATIONSHIP WITH OTHER BY-LAWS Nothing in this By-law shall operate to relieve any person from the requirements of the

Building Code or any By-law or requirements of the Township in force from time to time, or the obligation to obtain any license, permit, authority, or approval required under any By-law or law of the Township or other government authority. Any use established in violation of a predecessor of this By-law will be deemed to have been established unlawfully.

2.10 GENERAL INTERPRETATION AND APPLICATION a) In their interpretation and application, the provisions of this By-law shall be held to be

the minimum requirements adopted for the promotion of the public health, safety, convenience, or general welfare. Whenever the requirements of this By-law are at variance with the requirements of any other By-law, the most restrictive, or the By-law imposing the higher standards shall govern and apply. Nothing in this By-law shall be


of 379



14

construed to exempt any standards that govern and apply. Nothing in this By-law shall be construed to exempt any person from complying with the requirements of any By-law of the Township or from any law of the Province of Ontario or of Canada.

b) In the event that an obvious grammatical or graphical error has been made in the

preparation of this By-law, the Administrator of this By-law may interpret the intent of this By-law in a reasonable manner without amendment to this By-law.

2.11 ZONES ABUTTING WATER

Where any zone abuts an Environmental Protection (EP2) Zone or a Waterbody Open

Space (WOS) Zone, the provision of the abutting zone must be read in conjunction with the provisions of the EP2 or WOS Zone. Notwithstanding the other provisions of the abutting zones, the provisions of the EP2 or WOS Zone take precedence.

2.12 OFFICIAL PLAN REQUIREMENTS Compliance with the Zoning By-law requirements does not exempt an individual from

further requirements of the Official Plan (e.g. water quality impact assessment, site plan approval).

2.13 MINOR VARIANCES TO FORMER BY-LAWS

Where the Committee of Adjustment of the Township of Muskoka Lakes has authorized a

minor variance from the provisions of By-law 87-87, in respect of any land, building or structure and the decision of the Committee of Adjustment of the Township of Muskoka Lakes or the Ontario Municipal Board authorizing such minor variance has become final and binding prior to the enactment of this By-law, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such minor variance.

2.14 ILLUSTRATIVE DIAGRAMS Illustrative diagrams included in Appendix 2 provide a visual representation of some of the

concepts utilized in this By-law. These diagrams do not form part of this By-law.


of 379

3.0 GENERAL PROVISIONS


15

3.1 PUBLIC USES Nothing in this By-law affects the erection, alteration, or use of any building or

structure or the use of any lot by a public authority for a public use.

3.2 NON-COMPLYING LOTS, BUILDINGS AND STRUCTURES a) Application The extension or reconstruction of a dwelling unit or sleeping cabin is not permitted

on a lot where: a. only one (1) dwelling unit is permitted and more than one (1) dwelling unit

exists, or, b. only one (1) sleeping cabin is permitted and more than one (1) sleeping

cabin exists, or, c. a sleeping cabin exists and there is more than one (1) dwelling unit on the

lot. b) Exterior Extension, Undersized Lot A building or structure which, on the date this By-law was passed, conformed with

all provisions of this By-law but was located on a lot which does not comply with the minimum frontage and/or area requirement for the Zone within which it is located, may be enlarged, extended, reconstructed or otherwise structurally altered, if the building or structure and use will continue to comply with all other requirements of this By-law.

c) Exterior Extension, Required Yards A building or structure which, on the date this By-law was passed conformed with all

provisions of this By-law except for the provisions establishing the minimum yard requirements for the zone within which it is located may be enlarged, extended, reconstructed or otherwise structurally altered if the enlargement, extension, reconstruction or structural alteration complies with all of the requirements of this By-law.

d) Second Storey Additions to Structures on a Lot where the maximum Lot Coverage

is exceeded A building or structure on a lot, where the maximum lot coverage is already

exceeded, may be added to, by way of a second storey, provided the cumulative floor area of all second storeys does not exceed the amount of the maximum lot coverage.

e) Restoration To Safe Condition Nothing in this By-law shall prevent the strengthening or restoration to a safe

condition of any building or structure or part thereof, lawfully used on the date of passing of this By-law, provided that the strengthening or restoration does not increase the building dimensions other than as provided in Section 3.2.h), change the location, or change the use of such building or structure.

f) Reconstruction of Damaged Existing Non-Complying Buildings or Structures Nothing in this By-law shall prevent the repair, replacement or reconstruction of any

lawful non-complying building or structure which is damaged by causes beyond the control of the owner (including fire) provided that:


of 379



16

i) The building or structure as repaired, replaced or reconstructed is in the same location and has the equivalent or reduced dimensions (and there is no increase in floor area) as the damaged building or structure;

ii) The application for a building permit to reconstruct, repair or replace the building or structure is submitted within two years of the date upon which the non-complying building or structure was damaged; and

iii) The reconstruction, repair or replacement of the building of structure is commenced within three years of the date upon which the non-complying building or structure was damaged.

g) Interior Alteration The interior of any building or structure which was lawfully used for a use permitted

in the By-law but does not comply with all requirements of the By-law, may be reconstructed or structurally altered, in order to render the same more convenient or commodious for the existing purpose for which such building or structure was lawfully used on the date the By-law was passed.

h) Increase In Height Where a building or structure which, on the date this By-law was passed was legal

non-complying, the height can be increased provided there is no increase in floor area and all other requirements of the By-law are complied with.

i) Additions to Shoreline Structures Exceeding Maximum Cumulative Width Where docks or boathouses are legal non-complying due to the requirements of the

maximum cumulative width of docks and boathouses, additions are permitted provided the cumulative width permitted is not exceeded by the addition and all other requirements of the By-law are complied with.

3.3 NON-CONFORMING USES, BUILDINGS AND STRUCTURES a) Existing Uses, Buildings, and Structures The provisions of this By-law shall not apply to prevent the use of any existing lot,

building, or structure for any purpose prohibited in this By-law if such existing lot, building or structure was lawfully used for such purposes, on the date this By-law was passed and continues to be used for that purpose.

b) Exterior Extension The exterior of any building or structure which was lawfully used prior to the

passage of this By-law for a use not permitted within the zone in which it was located, shall not be enlarged or extended, reconstructed or otherwise structurally altered, unless such building or structure is thereafter to be used for a use permitted within such zone, and complies with all requirements of this By-law for such zone.

c) Interior Alteration The interior of any building or structure which was lawfully used for a use not

permitted in the zone in which it is located, may be reconstructed or structurally altered, in order to render the same more convenient or commodious for the existing purpose for which such building or structure was lawfully used on the date this By-law was passed.

d) Restoration to a Safe Condition Nothing in this By-law shall prevent the strengthening or restoration to a safe

condition of any existing building or structure or part thereof used for a non-conforming use, provided that the strengthening or restoration does not increase the building height, size or volume or change the existing lawful use of such


of 379



17

existing building or structure. e) Reconstruction of Damaged Existing Non-Conforming Buildings or Structures Nothing in this By-law shall prevent the repair, replacement or reconstruction of any

building or structure used for a non-conforming use, which is damaged by causes beyond the control of the Owner (including fire) provided that:

i) The building or structure as repaired, replaced or reconstructed has

the equivalent or reduced dimensions (and there is no increase in floor area) as the damaged building or structure;

ii) The application for a building permit to reconstruct, repair or replace the building or structure is submitted within two years of the date upon which the damaged building or structure was damaged; and,

iii) The reconstruction, repair or replacement of the building or structure is commenced within three years of the date upon which the damaged building or structure was damaged.

3.4 LOTS OF RECORD

3.4.1 Existing Undersized Lots of Record

Where a lot, having a lesser lot frontage or lot area than is required by this By-law, and is:

a. held under distinct and separate ownership from abutting lots, on or before

the passing of this By-law, as evidenced by the records of the Land Registry Office; or,

b. is a lot or block on a registered plan of subdivision; or, c. is created as a result of expropriation or highway widening or other land

acquisition by any authority having such statutory powers; or, d. is a lot created by consent under the Planning Act, or its predecessor, after

March 31, 1979; and, e. has a WR1, WR2, WR4, WR5, WR6, WR7, WR8, R2, R3, Ru1, Ru2, Ru3,

RuR, or RuRH Zone, whether or not proceeded by a -7 and/or –R suffix, and has a lot frontage not less than 30.5 m (100 ft.) and a lot area not less than 1393.5 m² (15,000 ft.²); or,

f. has a WR3 Zone, or any other WR zone listed in Section 3.4.1.e, on an

island in excess of 0.8 hectares (2.0 acres), and has a lot frontage of not less than 30.5 m (100 ft.) and a lot area not less than 1393.5m² (15,000 ft.²); or,

g. has a R4 Zone and has a lot frontage of not less than 15.2 m (50 ft.) and a

lot area of not less than 557.4m² (6000 ft.²). Such lot shall be deemed to conform with the lot frontage and lot area requirements

of this By-law.


of 379



18

3.4.2 Enlargement of Existing Lots a. Where a lot meets the criteria set out in Section 3.4.1, or has been granted

an exemption or Minor Variance to this By-law for lot size, or is zoned Waterfront Commercial – Marina (WC2) or Community Commercial – Marina (C2), and lands are added to that lot, the resulting lot is deemed to meet the criteria in Section 3.4.1.

b. where a lot does not meet the criteria set out in Section 3.4.1, but through a

lot addition the resulting lot exceeds the criteria set out in Section 3.4.1, the resultant lot is deemed to meet the criteria in Section 3.4.1.

3.5 ACCESSORY BUILDINGS AND STRUCTURES 3.5.1 Construction Sequence No Accessory Building or Structure shall be erected prior to the establishment of

the main building, structure or use with the exception of the following; a. A dock, single storey boathouse and inclinator on a lot accessible only by

water; and b. A tool shed not exceeding 10m² (108 ft.²) in total floor area;

3.5.2 Use of Accessory Buildings Where this By-law provides that land may be used or a building or structure may

be erected or used for a purpose, that purpose shall include any Accessory Use, but shall not include the following:

a. an occupation for gain or profit, except as this By-law specifically permits; b. any building or structure used for human habitation or as a habitable room

except as this By-law specifically permits.

3.5.3 Temporary Accessory Buildings and Structures Where a consent under Section 53 of the Planning act results in the creation of a

lot upon which an accessory building or structure is located before a main building, structure or use has been established, such accessory building or structure, shall be allowed to continue provided that the application to construct the main building or structure is submitted within two (2) years of the date of conveyance of the land, and the construction of the main building or structure is completed or the use has been established within three (3) years of the date of conveyance of the land.

3.5.4 Gazebo No person shall erect or use a gazebo, which exceeds 23.3 m² (250 ft.²) in floor

area.


of 379



19

3.6 BUILDING INTERIOR DESIGN Where an application is made to construct an addition to a building; to join two or more existing

buildings together; construct/reconstruct a building containing a hallway of which the walls are also exterior walls; or to join two living areas is proposed; the result will be considered as two or more buildings for the purpose of this By-law unless:

a. the new construction of the building being moved, which is to be added to the existing

building, is designed and built to an integral part of the existing building; b. the new construction or building being moved shares at least one common wall with the

existing building; and, c. the connection between the existing buildings and the new construction or building being

moved, or a new building designed as having a hallway with exterior walls, is not one or more walkways, breezeways, screened porches or other such passages, and which is enclosed by four walls and a minimum of 2.0 m (6.5 ft.) in width and a maximum of 5.0 m (16.4 ft.) in length.

3.7 FRONTAGE ON PUBLIC STREET OR NAVIGABLE WATERWAY 3.7.1 General Frontage Requirement No person shall erect any building or structure in any zone unless the lot upon which such

building or structure is to be erected fronts, for a distance equal to the minimum frontage requirement for the zone in which the lot is located upon:

a. A street maintained year round by a Public Authority; or b. a navigable waterway or original shore road allowance; or c. a street dedicated as a public highway on a registered plan of subdivision and

subject to terms and conditions of a Subdivision Agreement under the Planning act or its predecessor.

d. Where any lot frontage on a lot, outside of the Community Zones or where the

front lot line is the high water mark, abuts a Provincial Highway or Class A District Road (District Roads 3, 4, 7, 13, 24, 25, 29, 35, 38, 118, and 169), the minimum required lot frontage shall be 150 m (492 ft.) or where the frontage abuts a Class B District Road (District Roads 26, 27, 28, 30, and 47), the minimum required lot frontage shall be 135 m (443 ft.), with the exception of Lot 4, Concession 5 and 6, and Lot 12, Concession A, in the former Township of Watt.

3.7.2 Exemption to Frontage Requirement a. A hunt camp may be erected on a lot in an Open Space (OS1, OS2) Zone, which

does not front upon a year round maintained road or a navigable waterway. b. Where there is an existing residential dwelling on a lot, which does not have

frontage on a year round maintained road or a navigable waterway, uses accessory to the permitted use are permitted.

c. A building or structure which does not comply with Section 3.7.1 and existed on

the date this By-law was passed, which is a permitted use, and is located in a Community Zone, can be reconstructed or structurally altered despite the fact the frontage requirements are not met.


of 379



20

3.12 PROHIBITED HABITATION No truck, bus, shipping container, coach, or other vehicle may be used for habitation or as a

dwelling unit within the Township, whether or not the same is maintained on wheels. 3.13 HOME BASED BUSINESS Home Based Business means a gainful occupation conducted in whole or in part in a single

detached dwelling unit or an accessory building to a single detached dwelling unit by the residents of the single detached dwelling unit provided that:

a. In the Waterfront and Community Zones, the Home Based Business includes only the

following permitted uses, where in an accessory structure; professional/personal services; artisans/studios; day care; bed and breakfast; repair services (excluding vehicles, water crafts, heavy equipment, and aircraft repair).

d. A building or structure which is located on a lot which does not comply to the frontage requirement and does not contain a habitable room can be erected, used or altered in any Community zone despite the fact the frontage requirements are not met.

3.8 FRONTAGE ON AN ORIGINAL SHORE ROAD ALLOWANCE Where a lot is separated from a navigable waterway by only an original shore road allowance the

lot shall be considered for the purpose of permitted land uses in this By-law as if it abuts the navigable waterway.

3.9 REDUCTION OF LOT AREA Where a lot is reduced in lot area by way of a lot addition consent under the Planning Act but the

lot frontage is not changing and the lot frontage and lot area comply with the minimum lot frontage and lot area requirements under Section 3.4.1, the lot frontage and the lot area are deemed to comply with the provision of this By-law.

3.10 GREATER RESTRICTION This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a

governmental authority having jurisdiction to make such restrictions. 3.11 HEIGHT EXCEPTIONS No height provision in this By-law shall apply to prevent the erection, alteration or use of the

following accessory buildings or structures provided that such buildings or structures are permitted within the zone in which it is located:

- church spire - residential radio or TV tower or

antenna - belfry - clock tower - air conditioner duct - chimney - any farm building or - water tank structure including a barn - windmill - cupola or other similar

ornamental structure which contains no floor and is less than 9.3 m² (100 ft.²) in size


of 379



21

b. there is no external advertising other than a sign of not more than 0.6 m² (6 ft.²) erected in accordance with any by-laws regulating signs;

c. there is no external storage of goods or materials; d. such Home Based Business is clearly secondary and incidental to the main residential

character of the residential use; e. such Home Based Business does not interfere with radio or television reception; f. not more than four persons, other than the residents of the single detached dwelling unit

are employed; g. the floor area of the accessory building does not exceed 23.2 m² (250 ft.²) for lots zoned

Waterfront or Community. h. when a Home Based Business is located in a single detached dwelling unit or an attached

garage, it shall not exceed 25 percent of the ground floor area of the single detached dwelling unit, including an attached garage except in the case of a bed and breakfast where the ground floor area of the single detached dwelling unit for the home based business is the floor area of the three bedrooms used for the bed and breakfast.

i. the sum of the floor area of the accessory building does not exceed the following areas

dependant on lot area and provided the lot is zoned Rural:

Lot Area Maximum Accessory Building Size

1 – 10 acres 1,000 ft²

10-50 acres 1,500 ft²

50 acres+ 2,000 ft²

j. such home based business does not involve the repair, maintenance or storage of aircraft, motor vehicles, water craft, or heavy equipment; and

k. the home based business does not produce waste products, which are disposed of in a

manner, which contravenes any Provincial environmental legislation or regulations.

3.14 RIGHT-OF-WAY / LANE AS A YARD No building may be erected or used within 3 m (10 ft.) of a private right-of-way where such right-

of-way does not form part of a lot line.

3.15 CHANGE IN USE OR LOCATION No change in the use of any land, building or structure shall be permitted, unless such change in

use complies with the permitted uses within the zone in which such land, building, or structure is located or unless such change has been approved through an amendment to this By-law and all loading and parking spaces are provided as required by this By-law for such different uses. In all zones, any building or structure which is moved from one location to another, whether within the zone or from one zone to another, or from any location beyond the boundary of the Township, into any zone, shall be considered as being a new building or structure and shall comply with the provisions of this By-law.


of 379



22

3.16 ABANDONED EQUIPMENT AND MOTOR VEHICLES WITHOUT CURRENT LICENSE PLATES Unless otherwise specifically permitted in this By-law, the parking, storing or locating of

abandoned or discarded motor vehicles without current license plates is prohibited in all zones, except that:

a. vehicles may be stored inside a private garage; b. one such vehicle may be stored in a screened space that is not visible from any street or

adjacent lot; and c. seasonal vehicles, necessary for lawn care and winter maintenance are permitted. 3.17 AUTOMOBILE SERVICE STATIONS a. Despite the requirement of this By-law, a pump island shall not be located closer than 4.6

m (15 ft.) to the lot line of any existing or planned street. b. No portion of any ingress or egress shall be located closer than 15.2 m (50 ft.) to the

intersection of any two streets. c. No portion of any ingress or egress ramp along any lot line shall be located closer than 3

m (10 ft.) to any side lot line. d. The width of any egress or ingress ramp along any lot line shall not be more than 9.1 m

(30 ft.) nor less than 7.6 m (25 ft.). e. Except for the ramps, an area not less than 1.5 m (5 ft.) in width along the front lot line

shall be used for landscaping.

3.18 LANDSCAPED BUFFERS Landscaped buffers, as required by this By-law, shall be provided, planted and maintained by the

owner of the lot on which the buffers are required and located.

3.18.1 Non-Conforming Uses Nothing in this By-law shall require the provision of a landscaped buffer for a use, which

existed on the date this By-law was passed. 3.18.2 Addition Where an addition to an existing building or structure occurs, the owner shall be

responsible to provide, plant and maintain, the required landscaped buffer for the addition.

3.19 DWELLING UNIT IN A NON-RESIDENTIAL BUILDING With the exception of an automobile service station, a dwelling unit or a multiple dwelling unit may

be permitted, as specified in this By-law, within a non-residential building, provided that: a. it complies with the requirements of Section 5.1.5 in the case of a multiple dwelling; b. each dwelling unit shall have a separate washroom/bathroom and kitchen facility from

those of the non-residential use;


of 379



23

c. each dwelling unit shall have separate parking spaces in accordance with the parking requirements of Section 3.28; and,

d. each dwelling unit shall have a separate building entrance than that to the non-residential

portion. 3.20 REDUCTION OF REQUIREMENTS No person shall change the purpose for which any lot or building is used, or erect any new

building or addition to any existing building, or sever any lands from any existing lot if the effect of such action is to cause the original, adjoining or remaining buildings, or original or remaining lands to be in contravention of this By-law.

3.21 SIGHT TRIANGLE On a corner lot, no hedge, shrub or tree shall be planted, nor building or structure erected in a

sight triangle where such would obstruct the vision of vehicular traffic or is over 1.0 m (3 ft.) in height.

3.22 SIGNS The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign,

provided such sign complies with any authorized by-law regulating signs. 3.23 SETBACK FROM STREETS AND UNOPENED ROAD ALLOWANCES 3.23.1 Setbacks from Streets and Unopened Road Allowances No building or structure including a dock and a boathouse shall be erected, or enlarged

within 7.6 m (25 ft.) from a lot line abutting a street or unopened road allowance. 3.23.2 Setbacks on Provincial Highways and District Roads Where a building or structure is located adjacent to a provincial highway or a District road,

setbacks shall be provided and maintained in accordance with the requirements of the Ministry of Transportation or of the District where such requirements are in excess of those required by this By-law.

3.24 SETBACKS FROM MUNICIPAL SEWAGE AND WATER FACILITIES 3.24.1 Development adjacent to municipal sanitary sewage disposal facilities including

sewage lagoons shall be setback from the facilities as noted below:

1. 150 m (500 ft.) setback radius from a sanitary sewage disposal site (other than residential uses).

2. 200 m (660 ft.) setback radius from a sanitary sewage disposal site (residential use).

3. 400 m (1,310 ft.) setback radius from waste stabilization ponds (all uses). 4. 400 m (1,310 ft.) setback radius from hauled sewage lagoons (all uses).

For the purposes of determining the above, the setback shall be measured from the property line of the property where the municipal facilities are located to the building or structure being developed.

3.24.2 New industrial development within 1000 m (3,280 ft.) of a municipal water supply

intake or municipal sanitary sewage outfall is not permitted.


of 379



24

3.25 YARD ENCROACHMENTS Notwithstanding the yard and setback provisions of this By-law, the following shall apply: a. chimneys, eaves, bay windows, pilasters, or other ornamental structures may

project into any required yard a maximum distance of 1.2 m (4 ft.); b. drop awnings, clothes poles, flagpoles, garden trellises, fences, retaining walls,

similar Accessory Uses or signs erected in accordance with any authorized by-law regulating signs, are permitted in any required yard;

c. fire escapes and the structural members may project into a required yard a

maximum distance of 1.2 m (4 ft.). 3.26 RECREATIONAL VEHICLES 3.26.1 Storage or Sale A recreational vehicle may only be erected or placed in an area specifically zoned

for such a use. This provision shall not apply where a maximum of one recreational vehicle is located on the said land solely for the purposes of sale or storage, complies with the required yards and is not occupied at any time.

3.26.2 Temporary Use Despite Section 3.26.1 a recreational vehicle may be placed on residential zoned

land for temporary use for storage purposes or for accommodation during development of the lot provided that the recreational vehicle is located on the same lot as the construction and in compliance with the yard requirements for the zone in which it is located and provided that the recreational vehicle is not located on the lot until a building permit for the said construction has been issued and the recreational vehicle is removed withinsixty (60) days of the completion or discontinuance of construction or if a building permit is revoked.

3.27 MOBILE HOMES AND MOBILE UNITS 3.27.1 Permanent uses No person shall use land for the purpose of erecting or placing thereon a mobile

home or mobile unit. 3.27.2 Temporary uses Despite Section 3.27.1 a mobile unit, may be placed on industrial or commercial

zoned land for temporary use as an Office or for storage purposes during development of the lot provided that the mobile unit is located on the same lot as the construction and in compliance with the yard requirements for the zone in which it is located and provided that the mobile unit is not located on the lot until a building permit for the said construction has been issued and that the mobile unit is removed within sixty (60) days of the completion or discontinuance of construction. Despite Section 3.27.1 a mobile unit may also be placed on land for temporary use as a sales office for the purpose of marketing development consisting of commercial units and/or a minimum of two or more dwelling units that are permitted by the zoning by-law and which have received site plan approval, provided that the mobile unit is located on the same lot and in compliance with the yard requirements for the


of 379



25

zone in which it is located and that the mobile unit is removed within sixty (60) days of the completion or discontinuance of construction.

3.28 PARKING REQUIREMENTS Parking spaces and areas are required under this By-law in accordance with the following

provisions: a. The owner of every building or structure erected or used for any of the following

purposes hereinaft.er set forth shall provide and maintain for the sole use of the owner, occupant or other persons entering upon or making use of the said premises from time to time, parking spaces and areas as set out in the following Table 3.28.

Table 3.28

Parking Standards

USES REQUIRED PARKING SPACES

Apartment Dwellings (i.e. triplex, fourplex) 1.75 spaces per dwelling unit, plus 1 visitor parking space per 2 dwelling units or part thereof.

Auditoriums, Theatres, Arenas, Convention Centres, Stadium, Clubs, Places of Amusement, Museum

1 space per 5 seats where there are fixed spaces, or 1 space per 9.3m² (100 ft.²) of gross floor area open to the public, whichever is the greater of the two.

Bed and Breakfast 1 space per dwelling unit, plus 1 space for each guest room.

Bowling alley or curling rink 1 space per each 4 persons of maximum design capacity of the establishment

Car Wash – Automatic 10 spaces in advance of and 3 spaces at the terminus

Car Wash – Self Serve 2 spaces per wash stall. Drive-Thru, Accessory For restaurants a stacking lane a minimum depth

of 55 m (180.4 ft.) or that required to accommodate ten motor vehicles, whichever is greater. For all other uses, a stacking lane a minimum depth of 11 m (36 ft.) or that required to accommodate two motor vehicles, whichever is greater

Dwellings – detached, semi-detached, duplex, converted, townhouses

2 spaces per dwelling unit plus additional spaces as may be required for any home based business.

Dwelling (other than those listed herein) 2 spaces per dwelling unit Financial Institution 1 space per 30m

2 (322.9ft.²) of gross floor area

Funeral Home 1 space per 5 seats with a minimum of 10 spaces, or 1 per 20m² (215.3 ft.²) of gross floor area, whichever is greater

Golf Course 2 spaces per golf green or 24 spaces per nine holes of golfing facilities, whichever is greater

Group Home 2 spaces per dwelling unit plus 1 space for every 2 bedrooms devoted to the Group Home

Home Based Business 2 spaces per dwelling unit plus 1 for each 24m²

(258.3 ft.²) of floor space occupied by the home based business with a minimum of 2 spaces provided for the business.


of 379



26

Table 3.28 Parking Standards Continued


Hospital, Institution 1 space per every 2 beds, or 40m² (430.5 ft.²) of gross floor area, whichever is the greater, plus 1 additional space for each resident doctor or resident employee.

Hotels and Motels 1 space per guest room or suite Industrial 1 space for each 92.9 m² (1,000 ft.²) of total floor

area at a minimum up to 1858 m² (20,000 ft.²) plus 1 space for every 464.5 m² (5,000 ft.²) of total floor area over 1858 m² (20,000 ft.²) including any basement area if used for industrial use.

Library 1 space per 40m² (430.5 ft.²) of gross floor area Marina 1 space per 20m² (215.3 ft.²) of total retail floor

area, plus 1 space for each boat slip provided Motor Vehicle Repair Establishment / Service Station

3 spaces per repair bay, or in the case of a Service Station or Gas Bar 1 space per 20m

2

(215.3 ft.²) of gross floor area devoted to the convenience/retail use.

Motor Vehicle Sales and Service Establishment 1 space per 10m² (107.6 ft.²) of gross floor area and 3 spaces per repair bay.

Office, including government buildings 1 space per 30m² (322.9 ft.²) of gross floor area Medical, Dental, or Drugless Practitioners office or clinic

5 spaces per for each practitioner

Place of Worship 1 space for every 5 persons of maximum design capacity

Recreational Uses (including outdoor uses such as driving ranges and miniature golf courses), Private Camps, Tent and Trailer Parks

1 space per 2 persons maximum design capacity, or for a miniature golf facility a minimum of 10 spaces plus 1 space for each tee on the driving range, or for Private Camps and Tent and Trailer Parks a minimum of 1 space per site and 0.5 spaces per site for visitor and staff parking

Restaurant (eat-in or take-out) 1 space per each 4 persons of maximum design capacity or 1 space per 20m² (215.3 ft.²) of gross floor area, whichever is the greater, plus 1 space for each 30 m² (322.9 ft.²) of space associated with a sundeck or patio used in conjunction.

Retail, Convenience Store, Service Shops 1 space per 20 m² (215.3 ft.²) of gross floor area with a minimum of 2 spaces provided

Retirement Home, Nursing Home, Home for the Aged

1 space per each 4 persons of maximum design capacity

Rooming House 1 space for each room for rent and 1.5 spaces for any dwelling unit on the property

Schools, Elementary 1.5 spaces per each teaching classroom Schools, Secondary 4 spaces per each teaching classroom Senior Citizens Apartment/Senior Citizen Home 1 space per dwelling unit plus one visitor parking

space per 5 dwelling units or part thereof Shopping Mall / Plaza 5 spaces per 100m² (1,076.3 ft.²) of leasable floor

area Social or Service Club 1 space per 20 m² (215.3 ft.²) of gross floor area

of all habitable club buildings plus: 1 space per lawn bowling green; 4 spaces per tennis or racquet ball court


of 379



27



Sports Field, including Private Park, Recreational Establishment

1 space per 5 seats or 3.0 m (9.8 ft.) of bench space of maximum seating capacity, or 1 space per 800m² (8,611.1 ft.²) of gross field / floor area whichever is the greater of the two.

Tavern, Pub, Bar, Drinking Establishment 1 space per each 20m² (215.3 ft.²) of gross floor area, plus 1 space for each 30 m² (322.9 ft.²) of space associated with a sundeck or patio used in conjunction.

Tourist Resort 1 space for each accommodation unit or housekeeping unit, plus 1 space for each resident owner or live-in employee, plus 1 additional space for each 20 m² (215.3 ft.²) of restaurant or tavern floor space open to the public.

Wholesale, Warehousing and Storage 1 space per each 100m² (1,076.3 ft.²) of gross floor area up to 3,000m² (32,291.7 ft.²) and 1 space per each 200m² (2,152.8 ft.²) of gross floor area above 3,000m² (32,291.7 ft.²)

Uses permitted by this By-law other than those listed herein

1 space per 40m² (430.5 ft.²) of gross floor area

If the calculation of the required parking spaces results in a fraction greater than one-half, the required parking spaces shall be the next higher number. Where any land or building accommodates more than one use, the total parking space requirement for such land or building shall be the aggregate sum of the requirements for each individual use.

b. Barrier Free Parking Requirements: The owner or occupant of any lot, building or structure erected or used for any use

accessible to the Public shall provide and maintain at the premises, on the lot occupied by the building or structure and not forming part of a street or lane, within the zone in which such use is located, the following spaces to accommodate barrier free access to the building or structure where a minimum of 5 parking spaces are required:

i. 1 parking space per 25 parking spaces required based on the use as

described in Table 3.28; and ii. 1 additional parking space per 25 or more parking spaces required

based on Table 3.28. Each parking space shall be a minimum of 4.6 m (15 ft.) in width and 6.0 m (20 ft.) in

depth and shall be located in close proximity to the main entrance of the building or structure and accommodate access at ground level or through the use of a ramp.

c. Parking Area Requirements: Parking Areas shall conform to the following requirements: i) the parking area shall be located in the same zones as, and within 152.4 m (500

ft.) of the location it is intended to serve, except for water access properties, in


of 379



28

which case the parking space may be more than 152.4 m (500 ft.) from the use and in a different zone;

ii) each perpendicular or angled parking space shall be at least 3.0 m (9.8 ft.) by 6.1

m (20 ft.); each parallel parking space shall be at least 2.7 m (8.8 ft.) by 6.7 m (21.9 ft.) and each parking space shall be provided with unobstructed access to a street by a driveway, aisle or lane; and,

iii) the parking area must be in the same ownership as the lot for which the parking

spaces are required. d. Parking Area Surface: In a Zone which allows commercial, industrial or multiple residential uses, a parking

area and driveway connecting the parking area with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles.

e. Ingress and Egress: i) ingress and egress, to and from the required parking spaces and areas shall be

provided by means of unobstructed driveways or passageways at least 6.1 m (20 ft.) but not more than 9.1 m (29.8 ft.) in perpendicular width except, in respect to parking, for a residential use located in a structure or building other than a multiple dwelling;

ii) the maximum width of any joint ingress and egress driveway ramp measured

along the street line shall be 12.2 m (40 ft.); iii) on a Township owned street every lot shall be limited to the following number of

driveways: a) up to the first 30.1 m (100 ft.)of street frontage – not more than 2 driveways;

and, b) for each additional 30.1 m (100 ft.) of street frontage – not more than 1

additional driveway. f. Illumination: Where parking areas are illuminated, lighting fixtures shall be so arranged that no part

of any fixture shall be more than 9.1 m (30 ft.) above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from adjacent lots, roads and streets.

g. Addition to Building or Structure: When a building or structure has insufficient parking spaces on the date this By-law

was passed to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built, however, and no change of use may occur, the effect of which would be an increase in that deficiency.

h. Use of Parking Spaces and Areas: Any area allotted for off-street parking under this By-law shall be used for no other

parking purpose than for the parking of operative passenger vehicles and vehicles


of 379



29

used in operations incidental to the permitted uses on the lot, all bearing currently valid license plates. No person shall in any Residential Zone use any lot for the parking and storage of any commercial motor vehicle in excess of one-ton capacity, except that one commercial motor vehicle may be stored in a private garage. One (1) School bus may be parked on any lot. For the purpose of this subsection “commercial motor vehicle” shall mean any commercial vehicle as defined in The Highway Traffic Act for Ontario.

i. Parking Area Location on Lot: Despite the yard and setback provisions of this By-law, uncovered surface parking

areas are permitted in the required yards or in the area between the road or street line and the required setback provided no part of any parking area, other than a driveway, is located closer than 0.9 m (3 ft.) to any street line. No parking area is to be located closer than 20.1 m (66 ft.) to the high water mark.

j. Boat Parking: i) 33 percent of the required parking spaces may be provided for the parking of

boats or similar vessels provided such parking spaces are adjacent to or on the lot requiring such parking spaces.

ii) Each boat parking space shall be 6.1 m (20 ft.) in length along a dock, boathouse,

or mooring facility and 3 m (9.8 ft.) in width with an unobstructed means of accessing the boat parking area.

3.29 LOADING AREAS

a. Loading Space Requirements The owner or occupant of any lot, building or structure erected or used for any

purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise or raw materials, shall provide and maintain at the premises, on the lot occupied by the building or structure and not forming part of a street or lane, within the zone in which such use is located, the following loading spaces per Table 3.29, provided that adequate space shall be provided for the parking of vehicles awaiting access to loading spaces

TABLE 3.29 – Loading Space Requirements

Gross Floor Area Number of Spaces

278.6 m² (2,999 ft.²) or less 0 278.7 m² (3,000 ft.²) up to 1000 m² (10,764 ft.²) 1 loading space Over 1000 m² (10,764 ft.²) 2 loading spaces, plus a minimum

of 1 loading space for each 1000 m² (10,764 ft.²) of additional floor area in excess of 1000 m² (10,764 ft.²)

b. Access Access to loading or unloading spaces shall be by means of a driveway at least 6.1 m

(20 ft.) wide contained within the lot on which the spaces are located within or adjoining the zone in which the use is located.


of 379



30

c. Loading Space Surface The driveways, loading and unloading spaces shall be constructed and maintained

with a stable surface, which is treated so as to prevent the raising of dust or loose particles, and with provisions for storm water drainage facilities.

d. Location The loading space or spaces required may be located in the side or rear yard only.

e. Size of Loading Spaces Any loading space shall have a minimum width of 4.6 m (15 ft.), a minimum length of

12.2 m (40 ft.), and a minimum vertical clearance of 4 m (13 ft.). f. When a building or structure has insufficient loading space on the date this By-law was

passed, to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built, however, and no change of use may occur, the effect of which would be an increase in that deficiency.

3.30 PROHIBITED USES IN ALL ZONES Notwithstanding anything contained in this By-law, no land or building in any zone shall be

used for any purpose, which from its nature or from the material used, is declared to be a health hazard under the Health Protection and Promotion Act without the consent of the local Medical Officer of Health as provided for in that Act.

3.31 PERMITTED USES IN ALL ZONES Nothing in this By-law shall prevent the following: a. The conducting of a temporary sales event including an outside garage sale or

rummage sale, whether or not for profit, shall be permitted in all zones a maximum of four (4) days within a calendar year. All requirements of the current Ontario Building Code must be adhered to.

b. The conducting of an occasional or special event, whether or not for profit, and

whether or not located in a tent, shall be permitted in all zones save and except that such an event may not occur on more than two (2) occasions in a calendar year and each event is not to exceed seven (7) consecutive calendar days. All requirements of the current Ontario Building Code must be adhered to. Compliance with the Tree Preservation (2008-55) and Site Alteration (2008-56) By-laws, as amended, shall be required, and tree removal and/or site alteration shall not be permitted whether or not a Building Permit has been issued.

3.32 MORE THAN ONE ZONE ON A LOT

When a lot is designated as being in more than one zone, each part of the lot shall be used in

accordance with the zone regulations applicable to the zone designation for that part.

3.33 ONE DWELLING / ONE LOT Except as otherwise specifically permitted in this By-law, where a dwelling unit is a permitted


of 379



31

use, only one dwelling is permitted on a lot. 3.34 MAXIMUM HABITABLE FLOOR AREA FOR A DWELLING The maximum habitable floor area for a dwelling is 696.8 m² (7500 ft.²) 3.35 BUILDABLE AREA No building or structure may be erected on a lot, which does not have an area suitable for the

erection of proposed buildings and structures and the installation of any required sewage disposal facilities, a minimum of 1.0 vertical metre (3.3 ft.) above the high water mark.

3.36 GROUP HOMES A group home is a permitted use in any zone in which a single detached dwelling unit is a

permitted use provided that the group home is located a minimum of 304.8 m (1,000 ft.) from any other group home.

3.37 CALCULATING GROSS FLOOR AREA In calculating the gross floor area, the full floor area of every building located on the zone

boundary between a Waterfront Commercial Zone and a Backlot Commercial Zone is included in the gross floor area of the Waterfront Commercial Zone and is not included in the Backlot Commercial Zone.

3.38 COMMERCIAL OPERATIONS ON MORE THAN ONE LOT Where a Waterfront Commercial Establishment, Tourist Resort, Hotel, Motel, Tent and

Trailer Park or Private Camp consists of two or more parcels or property or lots with common administration and with common ownership or condominium ownership, and separated by a Road Allowance, the entire Waterfront Commercial Establishment, Tourist Resort, Hotel, Motel, Tent and Trailer Park or Private Camp will be considered as one lot for the purposes of:

a. Calculating gross floor area; b. Determining lot frontage and lot area (and any other requirements based on these)

but not for the purpose of the minimum yard requirements for each constituent parcel or lot. Section 3.40 does not apply.

c. The provision of on-site management. 3.39 EXEMPTIONS TO THE BY-LAW Despite the provisions of Section 1.5 where a use, building or structure has been authorized

by a By-law passed or a Minor Variance granted after January 1, 1985, the use, building or structure and all other specific requirements imposed by the By-law or Minor Variance continue to be permitted and imposed by this By-law. All other applicable zone provisions are those required by this By-law. Where there is a conflict between provisions of this By-law and the specific provisions so passed or granted, the specific provisions passed or granted prevail.

3.40 LOTS OF TWO OR MORE LAND PARCELS Where a lot consists of two or more parcels of land the Zone Requirements apply to each

parcel as if each is a separate lot for the purpose of erecting buildings and structures on that parcel except that the lot area requirements apply to the sum of the areas of all of the parcels in the lot.


of 379



32

3.41

SERVICES IN RESORT VILLAGE OF MINETT At which time water and/or sewer services are available in the Resort Village Designation of Minett as confirmed by the District of Muskoka, connection to services is required prior to any development. Development shall only be permitted on private services on lots where confirmation has been received from the District of Muskoka that services are not available.

3.42 SERVICES IN COMMUNITIES Development is permitted on private services in the serviced Urban Centres of Bala and Port

Carling only on lots where confirmation has been received from the District of Muskoka that services are not available.

3.43 LANDS ADJACENT TO LAND ZONED RURAL INDUSTRIAL (RuM3) AND LANDFILL

SITES For lands adjacent to lands Zoned Rural Extractive (RuM3), the minimum setback from such

lands is 30.1 m (100 ft.). For lands adjacent to an active landfill site, new land uses shall be setback a minimum of 500 m (1,640 ft.) from the lot line abutting the landfill. For lands adjacent to an inactive/closed landfill site, new land uses shall be setback a minimum of 500 m (1,640 ft.) from the waste footprint.

3.44 ILLEGAL STRUCTURES CONSTRUCTED PRIOR TO PASSAGE OF BY-LAW Any building or structure constructed prior to October 11, 1988, is deemed to be permitted

except when: a. there is more than one residential dwelling unit on the lot; or,

b. there is more than one sleeping cabin on the lot.

All such buildings or structures must comply with the zone requirements in

which it is located. Where the building or structure does not comply with the by-law requirement it shall be deemed legal non-complying.


of 379

4.0 WATERFRONT ZONES


33

4.1 WATERFRONT RESIDENTIAL ZONES

4.1.1 Permitted Uses No person shall within any Waterfront Residential Zone use any land or erect, locate,

alter or use any building or structure for any use except in accordance with the following applicable zones noted below in Table 4.1.1:

X indicates the uses permitted in the particular zone 4.1.2 Zone Requirements

No person shall within any Waterfront Residential Zone use any lot, or erect, locate,

alter or use any building or structure except in accordance with the following requirements of the applicable zone as noted on the following page in Table 4.1.2:

TABLE 4.1.1 – WATERFRONT RESIDENTIAL ZONES, PERMITTED MAIN USES

PERMITTED USES WATERFRONT RESIDENTIAL

RESIDENTIAL X

HOME BASED BUSINESS X

ACCESSORY USES X


of 379



34

(1) See 4.1.3.1 (5) See 4.1.3.5 (9) See 4.1.3.9 (13) See 4.1.3.13 (2) See 4.1.3.2 (6) See 4.1.3.6 (10) See 4.1.3.10 (3) See 4.1.3.3 (7) See 4.1.3.7 (11) See 4.1.3.11 (4) See 4.1.3.4 (8) See 4.1.3.8 (12) See 4.1.3.12

TABLE 4.1.2 – WATERFRONT RESIDENTIAL ZONE PROVISIONS

LO

T

RE

QU

IRE

ME

NT

S

ZONES (2) (10) (13)

WATERFRONT NO

CONSTRAINTS BACKLOT

WATER ACCESS

HIGHLY SENSITIVE OR

OVER THRESHOLD LAKES

STEEP SLOPES AND/OR

NARROW WATERBODY

LAKE TROUT LAKES

REMOTE LAKES

WR1

WR2

WR3

WR4

WR5 (11)

WR6 (12)

WR7

WR8

Minimum Lot Frontage (4)

61m (200 ft.) 201.2 m (660 ft.)

91.4 m (300 ft.)

--- (1) 91.4 m (300 ft.)

122.0 m (400 ft.)

--- (1) 91.4 m (300 ft.)

Minimum Lot Area (4)

0.4 ha. (1 ac) 2.0 ha. (5 ac.)

0.8 ha. (2 ac.)

--- (1) 0.6 ha.

(1.5 ac.) 0.8 ha. (2 ac.)

--- (1) 0.8 ha. (2 ac.)

Maximum Lot Coverage

10.0% (6)(7)

5.0% 10.0% (6) (7)

10.0% (6) (7)

10.0% (6) (7)

10.0% (6) (7)

5.0% (6) (7)

5.0% (6) (7)

Minimum Front Yard Setback (5)

20.1 m (66 ft.)

20.1m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

30.5 m (100 ft.)

20.1 m (66 ft.)

Minimum Interior Side Yard Setback

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

Minimum Exterior Side Yard Setback

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

Minimum Rear Yard Setback

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

4.6 m (15 ft.)

Maximum Height (8)(9)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

Maximum Height – Accessory Bldg

6.1 m (20 ft.) 6.1 m (20 ft.) 6.1 m (20 ft.)

6.1 m (20 ft.) 6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.) 6.1 m (20 ft.)

Minimum Gross Floor Area (dwelling)

69.7 m²

(750 ft.²) 69.7 m²

(750 ft.²) 69.7 m²

(750 ft.²) 69.7 m²

(750 ft.²)

69.7 m²

(750 ft.²)

69.7 m²

(750 ft.²)

69.7 m²

(750 ft.²) 69.7 m²

(750 ft.²)


of 379



35

4.1.3 WATERFRONT RESIDENTIAL ZONE PROVISIONS

4.1.3.1 The minimum lot frontage and lot area requirements of a lot in the Waterfront Residential (WR4) or Waterfront Residential (WR7) zones are the dimensions of that lot existing on the date this By-law was passed. No new structure or building may be constructed on a lot unless the lot complies with the appropriate section of the existing Lot of Record provision.

4.1.3.2 The inclusion of a “-7” suffix to a zone symbol indicates that the Ministry of Natural Resources has identified a concern for habitat significant to wildlife populations. All such lands will be subject to site plan control.

4.1.3.3 In relation to all Waterfront Residential zones minimum lot frontage refers only to the least lot frontage that may be approved for new lots and is not a predetermination of what lot frontages will be approved. Minimum lot frontages applicable to Waterfront Residential zones do not take into account site-specific concerns of the Ministry of Natural Resources, other interested agencies, or as a result of site-specific technical studies. Such concerns will be addressed in the lot creation process and lots with greater standards may be required for approval.

4.1.3.4 Where a lot has a lesser lot frontage or lot area than is required, it may be deemed to conform. (Reference the lot of Record Provision, Section 3.4).

4.1.3.5 Buildings and Structures The front yard setback for each building and structure, on a lot, which are considered legal non-complying due to an encroachment into the required 20.1 or 30.5 m (65.9 or 98.7 ft.) front yard setback, shall be the setback which existed on that date, or a minimum of 15.2 m (50 ft.) from the high water mark, or from the front lot line, whichever is greater. Notwithstanding the above, for those buildings and structures with an existing legal non-complying front yard setback less than 15.2 m (50 ft.), they may be enlarged, extended, reconstructed or otherwise structurally altered at their existing front yard setback or a minimum of 10.6 m (35 ft.), whichever is greater, provided the following is complied with; The resultant ground floor area located within 10.6 m (35 ft.) and 15.2 m (50 ft.) of the high water mark shall not exceed 120% of the ground floor area of the existing building or structure, and the resultant height shall not exceed 120% of the height of the existing building or structure, both as of the date of passage of this by-law. Notwithstanding the above, no height shall exceed that permitted in the zone requirements for that type of building or structure. For the purpose of determining the existing front yard setback, it shall be calculated based on the setback for each type of building or structure, with the exception of a dwelling unit, which a portion of can be replaced by a sundeck.


of 379



36

Sundecks In the case of a sundeck, which existed prior to the passing of this By-law, which is considered legal non-complying due to an encroachment into the required 15.2 m (50 ft.) front yard setback, the front yard setback for that sundeck shall be the setback which existed on that date or a minimum of 12.2 m (40 ft.) from the high water mark or from the front lot line, whichever is greater. Notwithstanding the above, for a sundeck with an existing legal non-complying front yard setback less than 12.2 m (40 ft.), it may be enlarged, extended, reconstructed or otherwise structurally altered at its existing front yard setback or a minimum of 7.6 m (25 ft.), from the high water mark, whichever is greater, provided the following is complied with; The resultant increase in size of the sundeck located within 7.6 m (25 ft.) and 12.2 m (40 ft.) of the high water mark or front lot line, does not exceed 120% of the area of the existing sundeck, as of the date of passage of this by-law.

4.1.3.6 For lots with lot frontage on lakes and rivers classified on Table ‘1’ to this by-law, the following maximum lot coverage shall apply: Category 1: 10% Category 3: 5%

Category 2: 8% Category 4: 8%

4.1.3.7 For all buildings and structures constructed or erected within 61 m (200 ft.) of

the high water mark abutting the lot, lot coverage shall be based on that portion of the lot area within 61 m (200 ft.) of the high water mark, abutting the lot. In the case of a lot abutting an original shore road allowance, which in turn abuts a high water mark, lot coverage shall be based on that portion of the lot area and the area of the original shore road allowance within 61 m (200 ft.) of the high water mark abutting the original shore road allowance within the projection of the side lot lines. For all buildings and structures constructed or erected on the lot beyond 61 m (200 ft.) of the high water mark abutting the lot, lot coverage shall be based on the total lot area.

4.1.3.8 For lots with lot frontage on a Category 3 Lake, the maximum height shall be

9.1 m (30 ft.). 4.1.3.9 A screened porch or veranda or a habitable room in or on an attached garage

is deemed to be part of the main building (dwelling) for the purpose of determining height.

4.1.3.10 Small lots in Waterfront Zones are defined as an individual property or island

that has less than 61 m (200 ft.) of lot frontage and 0.4 hectares (1 acre) in lot area. Large open space recreational uses such as sport courts, or any active recreational activity area shall not be permitted on small lots.

4.1.3.11 Applicable to lands with slopes >40% and <60% and/or a narrow waterbody

76.2 m (250 ft.) to 152.4 m (500 ft.) across measured from shoreline to shoreline.


of 379



37

4.1.3.12 Applicable to lands with slopes >60% and/or where a narrow waterbody is

<76.2 m (250 ft.) across measured from shoreline to shoreline. 4.1.3.13 The inclusion of a “-R” suffix to a zone symbol indicates that different

standards apply in each Zone for shoreline structures in accordance with Section 4.1.7.

4.1.4 FRONT YARD EXEMPTIONS The following buildings and structures are exempt from the front yard

requirements: i) Stairs, ramps and landings which do not exceed 1.8 m (6 ft.) in width

and where landings do not exceed a maximum area of 4.6 m² (50 ft.²). ii) No more that two (2) of a pumphouse, sauna or gazebo, of which the

maximum pumphouse floor area shall be 4.6 m² (50 ft.²), maximum sauna floor area 9.3 m² (100 ft.²), and maximum gazebo floor area 18.6 m² (200 ft.²). Each structure shall not exceed a height of 4.6 m (15 ft.) and each shall have a minimum separation distance from the other of 4.6 m (15 ft.). A pumphouse and sauna shall have a minimum setback of 4.6 m (15 ft.) from the high water mark.

iii) Inclinator.

iv) Sundecks, but must have a minimum setback of 15.2 m (50 ft.) from

the high water mark.

4.1.5 MAIN USE The main building permitted as a residential use in this section shall be limited

to one (1) dwelling unit per lot.

4.1.6 SLEEPING CABINS

i) only one (1) sleeping cabin is permitted per each residential lot; ii) the maximum floor area is 60.4 m² (650 ft.²); iii) where two (2) or more dwelling units exist on a lot, a sleeping cabin is

not permitted; iv) a basement used solely for the purposes of storage shall not have

access from the interior of the building; v) A gazebo exceeding 18.6 m² (200 ft.²) in floor area, which is screened

or glassed, shall be considered to be a sleeping cabin.

vi) where a habitable room is located in an attached garage which is

attached by means of a walkway, breezeway or other such passage, the maximum height shall be 10.7 m (35 ft.) and the maximum floor area of all such habitable rooms shall be 60.4 m² (650 ft.²).


of 379



38

4.1.7 ACCESSORY STRUCTURES OVER WATER

A dock, sun shelter, boathouse, or boatport may be located in a Waterbody Open Space Zone (WOS) where it abuts a Waterfront Residential Zone or in a Waterfront Residential Zone provided it is an accessory structure to the main permitted use in the Waterfront Residential zone and is subject to the provisions in table 4.1.7 and footnotes on the following pages:


of 379



39

TABLE 4.1.7

ACCESSORY STRUCTURES OVER WATER (Up to < 61 m (200 ft.) and 61 m (200 ft.) to < 91.4 m (300 ft.) (REFER TO TABLE 1)

Lot Frontage Up to < 61 m (200 ft.) 61 m (200 ft.) to < 91.4 m (300 ft.)

Lake Classes Category

1 Category

2 Category

3 Category

4 Category

1 Category

2 Category

3 Category

4

DOCKS (2)(3)(17)(18)(19)

Maximum Length 20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

Maximum Cumulative Width (12)

25% 15% 5% 15% 25% 15% 5% 15%

Minimum Sideyard Setbacks (1)(11)(14)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

BOATHOUSES (2)(5)(6)(8)(9)(10)(13)(15)(16)(17)(18)(19)


15.2 m (50 ft.)

– 15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

– 15.2 m (50 ft.)


16% 12% – 12% 16% 12% – 12%

Habitable Floor Area

No No – No No No – No

Maximum Size Second Storey (7)

– – – – – – – –

Location of Second Storey

– – – – – – – –

Maximum Height 4.9 m (16 feet) (with no floor)

4.9 m (16 feet) (with no

floor)

– 4.9 m (16 feet) (with no

floor)


floor)


floor)

– 4.9 m (16 feet)

(with no floor)

Minimum Side Yard Setbacks (Boathouse) (1)(4)(8)(11)(14)

1 Storey (8)(11) 9.1 m (30 feet)

9.1 m (30 feet)

- 9.1 m (30 feet)

9.1 m (30 feet)

9.1 m (30 feet)

- 9.1 m (30 feet)

2 Storey and/or where roof is sundeck (8)(11)

13.7m (45 ft.)

13.7m (45 ft.)

- 13.7m (45 ft.)

13.7m (45 ft.)

13.7m (45 ft.)

- 13.7m (45 ft.)


of 379



40

TABLE 4.1.7

ACCESSORY STRUCTURES OVER WATER

91.4 m (300 ft.) to < 122 m (400 ft.) and 122 m (400 ft. or over)

Lot Frontage 91.4 (300 ft.) to <122 m (400 ft.) 122 m (400 ft.) or over


1 Category

2 Category

3 Category

4 Category

1 Category

2 Category

3 Category

4

DOCKS (2)(3)(17)(18)(19)


20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)


22.9 m (75 ft.)

15% up to 15.2 m (50 ft.)

5% 15% up to 15.2 m (50 ft.)

22.9 m (75 ft.)

15.2 m (50 ft.)

6.1 m (20 ft.)

15.2 m (50 ft.)

Minimum Sideyard Setbacks (1)(11)(14)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

BOATHOUSES (2)(5)(6)(8)(9)(10)(13)(15)(16)(17)(18)(19)


15.2 m (50 ft.)

– 15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

– 15.2 m (50 ft.)


16% for first storeys/ 13% for second storeys

12% – 12% 16% up to 22.9 m (75 ft.) for first storeys/

13% up to 22.9 m

(75 ft.)for second storeys

12% up to 15.2 m (50 ft.)

– 12% up to 15.2 m (50 ft.)

Habitable Floor Area Yes No – No Yes No – No


60.4 m2

(650 ft.²) (7)

– – – 60.4 m2

(650 ft.²) habitable

floor area and covered area

up to max 23.2 m

2

(250 ft.²) (7)

– – –


Max 10.7 m (35 ft.)

from high water mark

– – – – – – –

Maximum Height 7.6 m (25 ft.)

4.9 m (16 ft.)

(with no floor)

– 4.9 m (16 ft.)

(with no floor)

7.6 m (25 ft.)

4.9 m (16 ft.)

(with no floor)

– 4.9 m (16 ft.)

(with no floor)


1 Storey (8)(11) 9.1 m (30 ft.)

9.1 m (30 ft.)

- 9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

- 9.1 m (30 ft.)


13.7 m (45 ft.)

13.7 m (45 ft.)

- 13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

- 13.7 m (45 ft.)

*See referenced provisions on the following page.


of 379



41

(1) See 4.1.7.1 (7) See 4.1.7.7 (13) See 4.1.7.13 (2) See 4.1.7.2 (8) See 4.1.7.8 (14) See 4.1.7.14 (3) See 4.1.7.3 (9) See 4.1.7.9 (15) See 4.1.7.15 (4) See 4.1.7.4 (10) See 4.1.7.10 (16) See 4.1.7.16 (5) See 4.1.7.5 (11) See 4.1.7.11 (17) See 4.1.7.17 (6) See 4.1.7.6 (12) See 4.1.7.12 (18) See 4.1.7.18

ACCESSORY STRUCTURES OVER WATER PROVISIONS

4.1.7.1 No part of any dock or boathouse shall be erected within the side yard

distance indicated in the table from the side lot line and rear lot line and any 30.5 m (100 ft.) straight line projection thereof from the high water mark.

4.1.7.2 A dock is permitted to extend from or to be located in the front yard of a

lot. Any portion of the dock structure extending onto the land above the high water mark is deemed to be a sundeck and is permitted to extend into the front yard of a lot a maximum of 3.1 m (10 ft.) and only directly behind the envelope described in Section 4.1.7.3.

4.1.7.3 A dock shall only be constructed within one or more building envelope(s)

to be bounded as follows: - firstly, a line drawn in the navigable waterway 20.1 m (66 ft.) from the

high water mark; - secondly, by two parallel lines, one being perpendicular to the high

water mark, which are no farther apart than the permitted maximum cumulative width whichever is lesser,

- thirdly, by the high water mark. 4.1.7.4 For the purpose of this By-law a boathouse which has a second storey, or

any part thereof, shall be deemed to be a two storey boathouse and no part of the two storey portion of the boathouse shall be erected within 13.7 m (45 ft.) of the side lot line and rear lot line and any 30.5 m (100 ft.) straight line projection thereof.

4.1.7.5 A boathouse in a Waterbody Open Space zone (WOS) is permitted to

extend into the front yard of a lot a maximum of 3.1 m (10 ft.) provided it is not connected to a dwelling.

4.1.7.6 A boathouse shall not contain a dwelling unit. 4.1.7.7 For lots with 91.4 m (300 ft.) of lot frontage to less than 122 m (400 ft.) of

lot frontage the maximum size of all second storeys of a boathouse is 60.4 m² (650 ft.²) which can be habitable floor area, covered area, or any combination thereof. For lots with 122 m (400 ft.) or more of lot frontage, the maximum size of all second storeys of a boathouse is 60.4 m² (650 ft.²) which can be habitable floor area, covered area, or any combination thereof plus a maximum of 23.2 m² (250 ft.²) of covered area.


of 379



42

4.1.7.8 Any part of a boathouse which exceeds 4.9 m (16 ft.) in height, or where

the roof is capable of being used as a sundeck, shall be a minimum of 13.7 m (45 ft.) from the side lot line and rear lot line and any 30.5 m (100 ft.) straight line projection thereof. A sundeck or balcony in conjunction with the second storey of a boathouse is permitted as part of the boathouse.

4.1.7.9 A boathouse shall only be constructed within one or more building

envelopes to be bounded as follows: - firstly a line drawn in the navigable waterway 15.2 m (50 ft.) from the

high water mark; - secondly by two parallel lines, one being perpendicular to the high water

mark which are no farther apart than the permitted maximum cumulative width, whichever is lesser; and,

- thirdly, by the high water mark. 4.1.7.10 The minimum lot frontage required for a two storey boathouse is 91.4 m

(300 ft.). Two storey boathouses are only permitted on Category 1 (Large) Lakes.

4.1.7.11 The side yard setback for docks and boathouses which existed prior to

January 3, 2005, which are considered legal non-complying due to an encroachment into the minimum side yard setbacks shall be the greater of:

a) the setback existing on that date or, b) a minimum of 4.6 m (15 ft.) for a dock or boathouse less than 4.9

m (16 ft.) in height or, c) a minimum of 9.1 m (30 ft.) for a two storey boathouse or a

boathouse with a roof capable of being used as a sundeck. 4.1.7.12 Cumulative width of docks and boathouses a) the total cumulative width on a lot shall not exceed the limits in

Table 4.1.7 or 22.9 m (75 ft.), whichever is lesser; and, b) when a lot has more than one lot frontage the maximum permitted

cumulative width shall be the maximum permitted in Table 4.1.7 or 22.9 m (75 ft.), whichever is lesser. The cumulative width for each separate lot frontage on the lot shall not exceed the requirements of Table 4.1.7 for each lot frontage.

c) the maximum cumulative width of a two storey boathouse refers

to the second storey or portion exceeding 4.9 m (16 ft.) in height only. The maximum cumulative width is 16% for the lower storey and 13% for the upper storey and where so limited each to a maximum of 22.9 m (75 ft.).


of 379



43

4.1.7.13 All provisions in this by-law related to boathouses also apply to boatports. 4.1.7.14

4.1.7.15 4.1.7.16 4.1.7.17 4.1.7.18 4.1.7.19

For the purpose of measuring the sideyard setback from the 30.5 m (100 ft.) straight line projection, it shall be the required minimum distance measured perpendicular to the projected line. Structures and alterations on the second storey of a two storey boathouse, where permitted, are limited to a sleeping cabin, covered area and sundeck (with no structure above). The use of the first storey of any boathouse is limited to:

i) The berthing and sheltering of boats or other marine related equipment;

ii) A washroom which does not exceed 4.6 m² (50 ft².) in floor area;

iii) A utility room for electrical panels, water supply equipment and

plumbing related to sewage disposal not exceeding 4.6 m² (50 ft.²) in floor area; and

iv) The washroom and utility room noted above are the only

permitted separate rooms in the first storey of a boathouse.

A hot tub shall not be permitted on a dock or boathouse. In the case of a sun shelter;

i) A sun shelter shall not contain habitable floor area or be screened or glassed;

ii) The maximum permitted gross floor area shall be 18.6 m² (200 ft.²);

iii) The sun shelter shall not exceed a height of 4.6 m (15 ft.);

iv) No part of any sun shelter shall extend beyond 10.7 m

(35 ft.) from the high water mark;

v) A sun shelter shall not be permitted on a Category 3 lake; and

vi) A sun shelter shall comply with all other provisions regulating a boathouse.

For those portions of land fronting onto a restricted waterbody and zoned with a “-R” suffix to the zone symbol, a dock, boathouse, boatport, or sun shelter may be located in the abutting Waterbody Open Space (WOS) zone and subject to the following additional provisions:

i) The maximum length of a dock, measured from the high water mark, is the lesser of 12.2 m (40 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject dock to the closest shoreline of another lot opposite


of 379



44

the subject dock;

ii) The maximum length of a boathouse, boatport or sun shelter, measured from the high water mark, is the lesser of 10.7 m (35 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject boathouse to the closest shoreline of another lot opposite the subject boathouse;

iii) A two storey boathouse is not permitted; and

iv) A single storey boathouse, boatport or sun shelter where the roof is capable of being used as a sundeck shall not be permitted.

4.1.8 SHORELINE BUFFER

Within the front yard setback, an area of land 15.2 m (50 ft.) wide abutting and running parallel to the high water mark shall contain a shoreline buffer. This provision applies to all lots on which development takes place within 60.1 m (200 ft.) of the high water mark after December 21, 1998.

4.1.9 CLASSIFICATION OF LAKES The classification of lakes and rivers referred to in this by-law is as listed in Table

1 on the following page to this by-law. Any reference to a category in this by-law is a reference to the category as determined by Table 1 on the following page.


of 379



45

The following table refers to Lake Classification. For the purposes of this By-law, Lakes are categorized based on a number of factors, including size and health, which is carried through in the specific zones of the properties

surrounding each lake.

TABLE 1 - CLASSIFICATION OF LAKES

Category 1 Category 2 Category 3 Category 4

Large Lakes Medium-sized, High Development Lakes / Rivers

Small-sized, Low Density/ Remote Lakes

Special Lakes

Lake Joseph (incl. Joseph

River, Little Lake Joseph)

Lake Muskoka (incl. Indian River, Dark Lake, Mirror

Lake) Lake Rosseau

Ada Lake Bass Lake Black Lake

Brandy Lake Bruce Lake

Butterfly Lake Camel Lake

Gullwing Lake Henshaw Lake Hessner’s Lake

Hillman Lake Moon River

Nine Mile Lake Ricketts Lake

Rutter Lake (Little Long Lake) Severn R./Cain L.

Skeleton Lake Thorne Lake

Barnes Lake Barrett Lake

Bastedo Lake Bear Lake

Beaton Lake Berry Lake Bogart Lake

Brotherson Lake Bunn Lake

Cardwell/Long L. Cassidy Lake Clarkes Pond

Concession Lake (Cardwell) Concession Lake (Medora)

Cowan Lake Crowder Lake

Duffy Lakes (E&W) East Brophy Lake

Eaton Lake Echo/Resound L.

Gagnon Lake Haggart Lake Haighton Lake

Hardy Lake Hart Lake Harts Lake Island Lake Leech Lake

Lily Lake (Cardwell) Little Musquito Lake

Little Otter Lake Lower Boleau Lake

Marion Lake Mary Jane Lake McCaffery Lake Mosquito Lake Narrow Lake Neilson Lake Neipage Lake O’Kane Lake Ottaway Lake

Pennsylvania Lake Roderick Lake Round Lake Sawyer Lake Shaw Lake

Speiran Lake Stevenson Lake

St.Germaine Lake (Medora) Swan Lake Tank Lake

Thompson Lake Tar Lake

Turtle Lake Upper Boleau Lake

Unnamed L. (Monck) Unnamed L. (Wood)

Water Lily Lake Wier Lake

Woodland Lake Woods Lake Young Lake

Clear Lake High Lake

Leonard Lake Long Lake (Bala)

Medora Lake Nutt Lake

Silver Lake Stewart Lake

Three Mile Lake


of 379



46

4.2 WATERFRONT COMMERCIAL ZONES 4.2.1 Permitted Main Uses No person shall, in any Waterfront Commercial Zone, use any lot or erect, locate,

alter or use any building or structure for any purpose except in accordance with the following applicable zones in Table 4.2.1:

TABLE 4.2.1 – WATERFRONT COMMERCIAL ZONE, PERMITTED MAIN USES

PERMITTED MAIN USES

RESORT COMMERCIAL WATERFRONT

RESORT COMMERCIAL BACKLOT

MARINA TENT & TRAILER PARK

PRIVATE CAMP

PRIVATE CAMP BACKLOT

WATERFRONT COMMERCIAL

WC1, WC1A1, 2, 3, 4

WC1B WC2 WC3

WC4, WC4A.5, 1,

1.5, 2

WC4B WC4B1 WC5 WC6 WC7

CONTRACTOR’S YARD

X X

CONVENIENCE STORE

X X

RESIDENTIAL DWELLING UNIT

X

GOLF COURSE X

HOME BASED BUSINESS

X

HOTEL X

MARINA X

MOTEL X

OFFICE X X

PERSONAL SERVICE SHOP

X X

PRIVATE CAMP X X

RESTAURANT X X

RETAIL STORE X X

TENT & TRAILER PARK

X

TOURIST RESORT

X

X indicates the uses permitted in the particular zone


of 379



47

4.2.2 Permitted Accessory Uses No person shall, in any Waterfront Commercial Zone, construct an Accessory Use on

any property unless a main use / permitted use has been established on the property and in accordance with the following applicable zones in Table 4.2.2:

TABLE 4.2.2 – WATERFRONT COMMERCIAL, PERMITTED ACCESSORY USES



MARINA TENT & TRAILER PARKS

PRIVATE CAMPS




ACCESSORY USES

WC1, WC1A1, 2, 3, 4

WC1B

WC2

WC3

WC4, WC4A.5, 1, 1.5, 2

WC4B

WC4B1

WC5

WC6

WC7

ARTIST STUDIO X X X X X X X CONVENIENCE

STORE X X X

CULTURAL CENTRE

X X X X X X X

RESIDENTIAL – DWELLING UNIT

X X X X X X

GOLF COURSE X X HOME BASED

BUSINESS X X X X

MARINA X X OPEN SPACE RECREATION

X X X X X X X

PARKING AREAS X X X X X X X PARKING SPACES

X X X X X X X


X

RETAIL STORE X X RESTAURANT X X X

ROOFED RECREATION

FACILITY X X X X X X

STAFF QUARTERS

X X X X X

STORAGE FACILITIES

X X X X X X X

TUCK SHOP X X WASTE

TREATMENT FACILITY

X X

OFFICE X X X X X X X



of 379



48

4.2.3 ZONE REQUIREMENTS No person shall, in any Waterfront Commercial Zone, use any lot or erect, locate, alter

or use any building or structure except in accordance with the following requirements in Table 4.2.3 and the applicable Special Provisions:

TABLE 4.2.3 – WATERFRONT COMMERCIAL ZONE PROVISIONS

LO

T

RE

QU

IRE

ME

NT

S

ZONE

RESORT WATERFRONT COMMERCIAL

RESORT COMMERCIAL

BACKLOT MARINA

TENT AND

TRAILER PARK

PRIVATE CAMP

PRIVATE CAMP

BACKLOT


WC1 WC1A1

WC1A2 WC1A3

WC1A4 WC1B

WC1B1 (1)

WC2 WC3

WC4 WC4A.5 WC4A1

WC4A1.5 WC4A2

WC4B WC4B1

WC5 WC6

WC7 WC (1)

Minimum Lot

Frontage

152.4 m

(500 ft.)

76.2 m (250 ft.)

152.4 m

(500 ft.)

--- --- 76.2 m (250 ft.)

(2)

91.4 m (300 ft.)

152.4 m (500 ft.)

--- --- (4) 91.4 m (300 ft.) (8) (11)

---

Minimum Lot Area

2.0 ha. (5 ac.)

0.8 ha. (2 ac.)

2.0 ha. (5 ac.)

4.0 ha. (10 ac.)

--- 0.8 ha. (2 ac.)

2.0 ha. (5 ac.)

2.0 ha. (5 ac.)

4.0 ha. (10 ac.)

--- (4) 0.6 ha.

(1.5 ac.) (9)

---

Maximum Lot

Coverage 10% 10% 10% 1% --- 20% 10% 10% 1% 35% 5% (7) ---

Minimum Front Yard

Setback

20.1 m (66 ft.)

20.1 66 ft.)

20.1 66 ft.)

(3)

20.1 66 ft.)

(3) --- ---

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

10.7 m (35 ft.)

(5)

30.5 m (100 ft.)

(6) ---

Minimum Interior

Side Yard

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

(3)

9.1 m (30 ft.)

(3) ---

9.1 m (30 ft.)

30.5 m (100 ft.)

30.5 m (100 ft.)

30.5 m (100 ft.)

3.1 m (10 ft.)

15.2 m (50 ft.)

(6) ---

Minimum Exterior

Side Yard

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

(3)

20.1 m (66 ft.)

(3) ---

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

3.1 m (10 ft.)

15.2 m (50 ft.)

(6) ---

Minimum Rear Yard

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

--- 15.2 m (50 ft.)

30.5 m (100 ft.)

30.5 m (100 ft.)

30.5 m (100 ft.)

7.6 m (25 ft.)

15.2 m (50 ft.)

(6) ---

Maximum Height

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

--- 10.7 m (35 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.) (10)

---

(1) See 4.2.4.1 (7) See 4.2.4.7 (2) See 4.2.4.2 (8) See 4.2.4.8 (3) See 4.2.4.3 (9) See 4.2.4.9 (4) See 4.2.4.4 (10) See 4.2.4.10 (5) See 4.2.4.5 (11) See 4.2.4.11 (6) See 4.2.4.6

4.2.4 WATERFRONT COMMERCIAL ZONE PROVISIONS

4.2.4.1 No person shall, within a Resort Commercial Backlot 1 (WC1B1) or within

a Waterfront Special Lakes Commercial (WC) Zone use any lot except for those uses, which existed on the date of passing of this By-law, which uses shall not be extended by the erection of further buildings or structures or additions to existing buildings or structures.


of 379



49

4.2.4.2 For lots zoned WC2 on the date of passing of this By-law the minimum lot frontage requirement shall be 76.2 m (250 ft.) or the lot frontage which existed on the date of passing of this By-law, whichever is less.

4.2.4.3 See Provision 4.2.10.h, 4.2.11.c, 4.2.11.f. 4.2.4.4 The minimum lot frontage and lot area requirements are the dimensions of

that lot which existed on the date this by-law was passed. 4.2.4.5 For the purposes of this by-law, the front lot line shall be the high water

mark and the rear lot line shall be the street in the case of a through lot. Where the front lot line is a street, the front yard setback shall be 7.6 m (25 ft.).

4.2.4.6 For lots zoned Waterfront Commercial (WC7) with a residential use, the

residential use shall have a minimum front yard setback of 10.7 m (35 ft.), a minimum side yard setback of 4.6 m (15 ft), and a minimum rear yard setback of 4.6 m (15 ft.).

4.2.4.7 For lots zoned Waterfront Commercial (WC7) with a residential use, the

maximum total lot coverage shall be 5% for the commercial use and 10% in total for both uses.

4.2.4.8 For lots zoned Waterfront Commercial (WC7), the minimum lot frontage

requirement shall be 91.4 m (300 ft.) or the lot frontage which existed on the date of the passing of this by-law.

4.2.4.9 For lots zoned Waterfront Commercial (WC7), the minimum lot area

requirement shall be 0.6 hectares (1.5 acres) or the lot area which existed on the date of the passing of this by-law.

4.2.4.10 For commercial buildings over 6.1 m (200 ft.) in height, the minimum front

yard setback shall be 30.5 m (100 ft.). 4.2.4.11 The lot shall abut a street maintained year round by a Public Authority.

4.2.5 FRONT YARD EXEMPTIONS The following buildings and structures are exempt from the front yard requirements: i.) Landings, ramps and stairs. ii.) pumphouses, saunas and gazebos not exceeding 4.6 m (15 ft.) in height.

iii.) Sundecks, but must have a minimum setback of 15.2 m (50 ft.) from the high

water mark. 4.2.6 DWELLING UNIT Where an accessory Residential use is permitted, if it is located in a non-residential

building it shall conform with General Provision 3.19, dwelling unit in a Non-Residential building.


of 379



50

4.2.7 LANDSCAPED BUFFER Where a Waterfront Commercial Zone abuts a Residential Zone, 6.1 m (20 ft.) of the

required yard abutting that zone, shall be used and maintained as landscaped buffer. (See Section 4.2.10.g for landscaped buffer requirement in a WC1A4 zone)

4.2.8 STRUCTURES OVER WATER A boathouse, boatport, sun shelter and dock may be located in a Waterbody Open

Space Zone (WOS) where it abuts a Waterfront Commercial Zone or in a Waterfront Commercial Zone (WC), provided it is an Accessory Use to the main permitted use and is subject to the following:

a) In the case of a dock i) No part of any dock shall extend beyond 24.4 m (80 ft.) from the high

watermark; ii) No part of any dock shall be erected within 9.1 m (30 ft.) of the side or rear

lot line or any 30.1 m (100 ft.) straight line projection thereof from the high water mark; or when a commercial lot abuts another commercial lot such side yard may be a minimum of 4.6 m (15 ft.);

iii) a dock is permitted to extend from or be located within the front yard of a

lot a maximum of 3 m (10 ft.); iv) the total cumulative width of docks and boathouses on a lot shall not

exceed 25% of the lot frontage, excluding docks and boathouses in a Waterfront Commercial – Marina (WC2) Zone which shall not exceed 75%; and,

v) Subsection 4.2.8(a)(iv) shall not apply to: the Lake Joseph Club,

Muskokan Resort Club and Ferndale Resort provided any new docks and boathouses conform to the requirements of the Official Plan.

b) In the case of a boathouse; i) No part of any boathouse shall extend beyond 15.2 m

(50 ft.) from the high water mark; ii) The total boathouse width shall not exceed 25% of the lot

frontage or 15.2 m (50 ft.) whichever is greater, excluding boathouses in a Waterfront Commercial - Marina (WC2) Zone which shall not exceed 75%;

iii) The boathouse shall not exceed a height of 7.6 m (25 ft.); iv) No part of any single storey boathouse shall be erected within

9.1 m (30 ft.) or two storey boathouse within 13.7 m (45 ft.) of the side or rear lot line or any 30.5 m (100 ft.) straight line projection thereof, from the high water mark; or when a commercial lot abuts another commercial lot such side yard may be a minimum of 4.6 m (15 ft.); and,

v) a boathouse is permitted to extend from or be located in the


of 379



51

front yard of a lot a maximum of 3 m (10 ft.). c) In the case of a sun shelter:

i) A sun shelter shall not contain habitable floor area or be

screened or glassed;


iii) The sun shelter shall not exceed a height of 4.5 m (15 ft.);

iv) No part of any sun shelter shall extend beyond 10.7 m (35 ft.) from the high water mark; and,

v) A sun shelter shall comply with all other provisions

regulating a boathouse.

d) For those portions of land fronting onto a restricted waterbody and zoned with a “-R” suffix to the zone symbol, a dock, boathouse, boatport, or sun shelter may be located in the abutting Waterbody Open Space (WOS) zone and subject to the following additional provisions:

i) The maximum length of a dock, measured from the high

water mark, is the lesser of 12.2 m (40 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject dock to the closest shoreline of another lot opposite the subject dock;

ii) The maximum length of a boathouse, boatport or sun shelter, measured from the high water mark, is the lesser of 10.7 m (35 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject boathouse to the closest shoreline of another lot opposite the subject boathouse;


iv) A single storey boathouse, boatport or sun shelter where the

roof is capable of being used as a sundeck shall not be permitted.

4.2.9 PARKING AND LOADING See General Provisions 3.28 and 3.29 for Parking and Loading Requirements. 4.2.10 SPECIAL PROVISIONS: RESORT COMMERCIAL WATERFRONT (WC1, WC1A1,

WC1A2, WC1A3, WC1A4) The following requirements are applicable in these zones: a. For the purposes of this By-law limited development shall mean that properties

zoned WC1 (undersized lots) will be limited to a development allowance of 46.5 m² (500 ft.²) of gross floor area for each 0.4 ha. (1 ac.) of land zoned WC1.


of 379



52

b. For the purposes of this By-law limited development shall mean that properties zoned WC1A1 will be limited to a development allowance of 93 m² (1000 ft²) of gross floor area for each 0.4 ha. (1 ac.) of land zoned WC1A1.

c. For the purposes of this By-law limited development shall mean properties

zoned WC1A2 will be limited to a development allowance of 185.8 m² (2000 ft.²) of gross floor area for each 0.4 ha. (1 ac.) of land zoned WC1A2.

d. For the purposes of this By-law limited development shall mean that properties zoned WC1A3 will be limited to a development allowance of 278.7 m² (3000 ft²) of gross floor area for each 0.4 ha. (1 ac.) of land zoned WC1A3.

e. For the purposes of this By-law limited development shall mean that

properties zoned WC1A4 will be limited to a development allowance of 371.6 m² (4000 ft.²) of gross floor area for each 0.4 hectares (1 ac.) of land zoned WC1A4.

f. Where a Resort Commercial (WC1A3) Zone abuts a Residential Zone, 6.1 m

(20 ft.) of the required interior yard abutting that zone shall be planted and maintained as a landscaped buffer.

g. Where a Resort Commercial (WC1A4) Zone abuts a Residential Zone, 9.1 m

(30 ft.) of the required interior yard abutting that zone shall be planted and maintained as a landscaped buffer.

h. In a WC1A4 Zone, no roofed recreation facility is permitted within 30.5 m (100

ft.) of a Residential Zone, a legally existing residential property or a high water mark.

4.2.11 SPECIAL PROVISIONS: RESORT COMMERCIAL BACKLOT (WC1B, WC1B1) The following requirements are applicable in this zone: a. The maximum gross floor area allowed for all permitted uses on a lot in a

WC1B zone is limited to 1% of the lot area zoned WC1B to a maximum of 4046.7 m² (43,560 ft.²).

b. On properties larger than 40.5 ha. (100 acres) the maximum gross floor area

allowed for all permitted uses on a lot in a WC1B zone is limited to 1% of 40.5 ha. (100 acres).

c. The interior side yard in a WC1B zone, which abuts any zone other than a

residential zone shall be 9.1 m (30 ft.). d. No building shall be erected in any part of the area or areas zoned Resort

Commercial Backlot (WC1B) within a tourist resort, hotel or motel such that the cumulative gross floor area of all buildings within that zone in that tourist resort, hotel or motel exceeds 4046.7 m² (43,560 ft.²).


of 379



53

e. No uses are permitted on a lot or a part of a lot zoned Resort Commercial Backlot (WC1B) unless such lot is part of a tourist resort, hotel or motel, which also includes a lot or a part of a lot zoned Resort Commercial Waterfront.

f. In a Resort Commercial Backlot Zone (WC1B) no roofed recreation facility is

permitted within 30.5 m (100 ft.) of a Residential Zone, a legally existing residential property or a high water mark.

g. No person shall, within a Resort Commercial Backlot 1 (WC1B1) Zone use

any lot except for those uses, which existed on the date of passing of this By-law, which uses shall not be extended by the erection of further buildings or structures or additions to existing buildings or structures.

4.2.12 SPECIAL PROVISIONS: WATERFRONT COMMERCIAL - MARINA (WC2) The following specific requirements are applicable in this zone: a. A detached dwelling unit may be erected if it is located a minimum of 20.1 m

(66 ft.) from the high water mark. b. No boat storage facility exceeding a height of 7.6 m (25 ft.) may be erected

within 30.5 m (100 ft.) of the high water mark.

4.2.13 SPECIAL PROVISIONS: TENT AND TRAILER PARK (WC3) The following specific requirements are applicable in this zone: a. Minimum lot frontage per campsite – 3.1 m (10 ft.).

b. No campsite may be located within 30.5 m (100 ft.) of any lot line or the

present high water mark. c. Minimum area of each campsite – 232.3 m² (2500 ft.²). d. Housekeeping units and cabins may be erected and used only in

accordance with the following requirements: i) minimum lot area per cabin located on the lot – 464.5 m² (5000 ft.²);

ii) maximum floor area per cabin – 93 m² (1000 ft.²); iii) minimum lot area per housekeeping unit – located on the lot –

696.8 m² (7500 ft.²); iv) maximum floor area per housekeeping unit – 111.5 m² (1200 ft.²);

and, v) total number of housekeeping units and cabins on a lot shall not

exceed 10% of the number of developed campsites on a lot.

e. The total lot size requirement is the sum of the requirements for each housekeeping unit, cabin and campsite on a lot.

f. New tent and trailer parks shall not be permitted on Lake Joseph, Lake Rosseau and Lake Muskoka.


of 379



54

4.2.14 SPECIAL PROVISIONS: PRIVATE CAMPS WATERFRONT (WC4, WC4A.5, WC4A1, WC4A1.5, WC4A2)

The following specific requirements are applicable in this zone: a. For the purposes of this By-law limited development shall mean that

properties zoned WC4 will be limited to a development allowance of 23.2 m² (250 ft.²) of gross floor area for each 0.4 ha. (1 ac.) of land zoned WC4.

b. For the purposes of this By-law limited development shall mean that

properties zoned WC4A.5 will be limited to a development allowance of 46.5 m² (500 ft.²) of gross floor area for each 0.4 ha. (1 ac.) of land zoned WC4A.5.

c. For the purposes of this By-law limited development shall mean that properties zoned WC4A1 will be limited to a development allowance of 93 m² (1000 ft.²) of gross floor area for each 0.4 ha. (1 ac.) of land zoned WC4A1.

d. For the purposes of this By-law limited development shall mean that

properties zoned WC4A1.5 will be limited to a development allowance of 139.4 m² (1500 ft.²) of gross floor area for each 0.4 ha. (1 ac.) of land zoned WC4A1.5.


properties zoned WC4A2 will be limited to a development allowance of 185.8 m² (2000 ft.²) of gross floor area for each 0.4 ha. (1 ac.) of land zoned WC4A2.

f. Minimum lot frontage per campsite – 3.1 m (10 ft.).

g. No campsite may be located within 30.5 m (100 ft.) of any lot line or the present high water mark.

h. Minimum area of each campsite – 232.3 m² (2500 ft.²).

4.2.15 SPECIAL PROVISIONS: PRIVATE CAMPS BACKLOT (WC4B, WC4B1) The following specific requirements are applicable in this zone: a. The maximum gross floor area allowed for all permitted uses on a lot in a

WC4B Zone or in a WC4B1 Zone is limited to 1% of the lot area zoned WC4B or WC4B1 to a maximum of 4046.7 m² (43,560 ft.²).

b. On properties larger than 40.5 ha. (100 ac.) the maximum gross floor area

allowed for all permitted uses on a lot in a WC4B Zone or in a WC4B1 Zone is limited to 1% of 40.5 ha. (100 ac.).

c. Minimum lot frontage per campsite – 3.1 m (10 ft.) d. No campsite may be located within 30.5 m (100 ft.) of any lot line or the

present high water mark.


of 379



55

e. Minimum area of each campsite – 232.3 m² (2500 ft.²). 4.2.16 SPECIAL PROVISIONS: WATERFRONT CONTRACTORS (WC7) The following specific requirements are applicable in this zone: a. Open storage areas shall be limited to a maximum of 1% of the total lot

area. Open storage must comply with all setback requirements for commercial use.


of 379



56

4.3 WATERFRONT LANDING ZONES 4.3.1 Permitted Uses

No person shall within the Waterfront Landing Zone (WL) use any lot or erect, locate,

alter or use any building or structure for any purpose except in accordance with the following permitted use:

a. Waterfront landing with associated parking area; b. A single storey private garage or storage shed; and,

c. Boathouse or dock. 4.3.2 Permitted Structures Buildings and structures permitted in a Waterfront Landing Zone (WL) are limited to

the following: a. A single storey private garage or a storage shed; and b. Boathouse, and

c. Dock.

4.3.3 Zone Requirements No person shall within the Waterfront Landing Zone (WL) use any lot, or erect, locate,

alter or use any building or structure for any purpose except in accordance with the following requirements noted in Table 4.3.3:

(1) (2) (1) See 4.3.4.1 (3) See 4.3.4.3 (2) See 4.3.4.2 (4) See 4.3.4.4.

TABLE 4.3.3 – WATERFRONT LANDING ZONE PROVISIONS

LOT REQUIREMENTS

ZONES

WL (3)(4)

Minimum Lot Frontage 22.9 m (75 ft.)

Minimum Lot Area 0.1 ha (0.25 ac.)

(1)

Maximum Lot Coverage 5% (2)

Minimum Front Yard Setback 20.1 m (66 ft.)


4.6 m (15 ft.)


9.1 m (30 ft.)

Minimum Rear Yard Setback 4.6 m (15 ft.)

Maximum Height 6 m (20 ft.)

Maximum Dock Size 1 boat slip per 4 m (13 ft.) of lot frontage

Maximum Disturbed Site Area

50% incl. parking and driveways


of 379



57

4.3.4 WATERFRONT LANDING ZONE PROVISIONS

4.3.4.1 A lot area maximum of 1.2 ha. (3 ac.) applies to the Waterfront landing (WL)

Zone. 4.3.4.2 A maximum of 50% of the lot including parking and driveways can be a

disturbed site area.

4.3.4.3 For lots zoned WL on the date of passing of this By-law, the minimum lot frontage and lot area requirements are deemed to comply.

4.3.4.4 A minimum of two (2) vehicle parking areas are required per boat slip which are subject to a minimum front yard setback of 15.2 m (50 ft.).

4.3.5 STRUCTURES OVER WATER A boathouse or dock may be located in a Waterbody Open Space Zone

(WOS) where it abuts a Waterfront landing (WL) Zone or in a Waterfront landing Zone (WL) provided that:

a. In the case of docks i) No part of any dock shall extend beyond 20.1 m (66 ft.) in

the water from the high water mark; ii) No part of any dock shall be erected within 9.1 m (30 ft.)

from the side or rear lot line or any 30.5 m (100 ft.) straight line projection thereof, from the high water mark; and,

iii) The dock is permitted to extend from or to be located in

the front yard of a lot, a maximum distance of 3 m (10 ft.). b. In the case of a boathouse i) No part of any boathouse shall extend beyond 15.2 m


frontage or 7.6 m (25 ft.), whichever is greater; iii) The boathouse shall not include a second storey; iv) No part of a boathouse shall be erected within 9.1 m

(30 ft.) from the side or rear lot line or any 30.5 m (100 ft.) straight line projection thereof, from the high water mark;

v) The boathouse is permitted to extend from or to be

located in the front yard of a lot, a maximum distance of 3 m; and,

vi) The boathouse shall not contain a dwelling unit or

sleeping cabin.


of 379



58

4.3.6 LANDSCAPED BUFFER i.) Where a Waterfront landing (WL) zone abuts any Residential

Zone, 3.1 m (10 ft.) of the required yard abutting that Residential zone shall be used and maintained as a landscaped buffer.

ii.) Where a Waterfront landing (WL) Zone abuts any Waterbody

Open Space (WOS) or Environmental Protection (EP2) Zone, 7.6 m (25 ft.) of the required yard abutting that Waterbody Open Space or Environmental Protection Zone shall be used and maintained as a landscaped buffer.

4.3.7 PARKING No part of any parking area shall be located within 4.6 m (15 ft.) of a side or

rear lot line.


of 379

5.0 COMMUNITY ZONES


59

5.1 COMMUNITY RESIDENTIAL ZONES 5.1.1 Permitted Main Uses No person shall within any of the Community Residential Zones use any lot or

erect, locate, alter, or use any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 5.1.1:

TABLE 5.1.1 – COMMUNITY RESIDENTIAL ZONE, PERMITTED MAIN USES

PERMITTED MAIN USES

URBAN CENTRES

URBAN CENTRES

UNSERVICED COMMUNITIES

URBAN CENTRES

RESIDENTIAL (R1)

SEWER AND WATER

RESIDENTIAL (R2)

SEWER OR WATER OR PRIVATE

SERVICES

RESIDENTIAL (R3)

PRIVATE SERVICES

RESIDENTIAL (R4)

WATERFRONT

MULTIPLE RESIDENTIAL

MEDIUM DENSITY

(RM1) SEWER AND

WATER

MULTIPLE RESIDENTIAL HIGH DENSITY (RM2) SEWER AND WATER

RESIDENTIAL – DWELLING UNIT *

X X X X X

RESIDENTIAL – CONVERTED DWELLING *

X X X

RESIDENTIAL – DUPLEX DWELLING *

X X

RESIDENTIAL – SEMI DETACHED DWELLING *

X X

RESIDENTIAL TOWNHOUSE X X

RESIDENTIAL APARTMENT DWELLING

X

GROUP HOME X X X X X X

SENIOR CITIZEN HOME

X X

ROOMING HOUSE X X X X X X

X indicates uses permitted in applicable zone


of 379

5.0 COMMUNITY ZONES


60

5.1.2 Permitted Accessory Uses No person shall, in any Community Residential Zone, construct an Accessory Use on

any property unless a main use / permitted use has been established on the property and in accordance with the following applicable zones in Table 5.1.2:

TABLE 5.1.2 – COMMUNITY RESIDENTIAL ZONE, PERMITTED ACCESSORY USES

ACCESSORY

USES

URBAN CENTRES

URBAN CENTRES


URBAN CENTRES

RESIDENTIAL (R1)

SEWER AND WATER

RESIDENTIAL (R2)

SEWER OR WATER OR PRIVATE

SERVICES

RESIDENTIAL (R3) PRIVATE SERVICES

RESIDENTIAL (R4)

WATERFRONT


MEDIUM DENSITY

(RM1) SEWER AND

WATER


HIGH DENSITY

(RM2) SEWER AND

WATER

RESIDENTIAL SECONDARY DWELLING UNITS

X X X X

HOME BASED BUSINESS

X X X X X

BED AND BREAKFAST

X X X X



of 379

5.0 COMMUNITY ZONES


61

5.1.3 Zone Requirements No person shall within any of the Community Residential zones use any lot, or erect,

locate, alter or use any building or structure except in accordance with the following requirements as noted below in Table 5.1.3:

(1) See 5.1.4.1 (4) See 5.1.4.4 (2) See 5.1.4.2 (5) See 5.1.4.5 (3) See 5.1.4.3

5.1.4 COMMUNITY RESIDENTIAL ZONE PROVISIONS

5.1.4.1 The minimum rear yard setback for an accessory building with a floor area of 23 m

2 (250 ft.²) or less shall be 1.8 m (6 ft.).

5.1.4.2 The inclusion of a “-R” suffix to a zone symbol indicates that different

TABLE 5.1.3 – COMMUNITY RESIDENTIAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES (2)

URBAN CENTRES

URBAN CENTRES


URBAN CENTRES

R1 R2

R3

R4

RM1 RM2

Minimum Lot Frontage

15.2 m (50 ft.)

--(5)

45.7 m (150 ft.)

30.5 m (100 ft.)

20.1 m (66 ft.)

(3)

30.5 m (100 ft.)

(3)

Minimum Lot Area

0.05 ha. (0.1 ac.)

--(5)

0.4 ha. (1 ac.)

0.19 ha. (0.5 ac.)

0.06 ha. (0.15 ac.)

0.09 ha. (0.2 ac.)


35% 35% 20% 20% 35% 35%


7.6 m (25 ft.)

7.6 m (25 ft.)

(4)

20.1 m (66 ft.)

(4)

7.6 m (25 ft.)

7.6 m (25 ft.)


1.8 m (6 ft.)

1.8 m (6 ft.)

1.8 m (6 ft.)

4.6 m (15 ft.)

1.8 m (6 ft.) (3)

7.6 m (25 ft.)


7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

Minimum Rear Yard Setback (1)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)


10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

Maximum Height – Accessory Bldg. 6.1 m

(20 ft.) 6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

Minimum Landscaped Area

30% 30% 30% 30% 30% 35%

Minimum Gross Floor Area (Dwelling)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

See Section 5.1.3 (3)



of 379

5.0 COMMUNITY ZONES


62


5.1.4.3 Semi-detached dwelling units shall have a total minimum lot frontage of 30 m (100 ft.), with a minimum of 15 m (50 ft.) for each unit, and a total lot area of 1110 m

2 (11,948 ft.²). Townhouse dwelling units shall have a lot frontage of 7

m (23 ft.) for each unit, a lot area of 210 m2 (2260 ft.²), an exposed end or

side wall of 3 m (10 ft.) and a minimum ground floor area of 65 m2 (700 ft.²).

5.1.4.4

Buildings and Structures The front yard setback for each building and structure, on a lot that abuts the high water mark, which are considered legal non-complying due to an encroachment into the required 20.1 m (65.9 ft.) front yard setback, shall be the setback which existed on that date, or a minimum of 15.2 m (50 ft.) from the high water mark, or from the front lot line, whichever is greater. Notwithstanding the above, for those buildings and structures with an existing legal non-complying front yard setback less than 15.2 m (50 ft.), they may be enlarged, extended, reconstructed or otherwise structurally altered at their existing front yard setback or a minimum of 7.6 m (25 ft.), whichever is greater, provided the following is complied with; The resultant ground floor area located within 7.6 m (25 ft.) and 15.2 m (50 ft.) of the high water mark shall not exceed 120% of the ground floor area of the existing building or structure, and the resultant height shall not exceed 120% of the height of the existing building or structure, both as of the date of passage of this by-law. Notwithstanding the above, no height shall exceed that permitted in the zone requirements for that type of building or structure. For the purpose of determining the existing front yard setback, it shall be calculated based on the setback for each type of building or structure, with the exception of a dwelling unit, which a portion of can be replaced by a sundeck. Sundecks In the case of a sundeck, which existed prior to the passing of this By-law, which is considered legal non-complying due to an encroachment into the required 15.2 m (50 ft.) front yard setback, the front yard setback for that sundeck shall be the setback which existed on that date or a minimum of 12.2 m (40 ft.) from the high water mark or from the front lot line, whichever is greater. Notwithstanding the above, for a sundeck with an existing legal non-complying front yard setback less than 12.2 m (40 ft.), it may be enlarged, extended, reconstructed or otherwise structurally altered at its existing front yard setback or a minimum of 4.6 m (15 ft.), from the high water mark, whichever is greater, provided the following is complied with; The resultant increase in size of the sundeck located within 4.6 m (15 ft.) and 12.2 m (40 ft.) of the high water mark or front lot line, does not exceed 120% of the area of the existing sundeck, as of the date of passage of this by-law.


of 379

5.0 COMMUNITY ZONES


63

5.1.4.5 Where water or sewer services are not available, the minimum lot frontage and lot area requirements are the dimensions of that lot existing on the date this By-law was passed. No new structure or building may be constructed on a lot unless the lot complies with Section 3.42.

ii. In the case of a multiple dwelling and apartment dwelling only, no parking space shall be located within 3 m (10 ft.) of a lot line.

iii. Where a multiple dwelling or apartment dwelling, greater than 3 units

abuts a single family residential zone (R1, R2, R3, or R4), 3 m (10 ft.) of the required yard shall be used and maintained as a landscaped buffer.

5.1.6 FRONT YARD EXEMPTIONS (where the front lot line is the high water mark) The following buildings and structures are exempted from the front yard

requirements: i. Stairs, ramps and landings which do not exceed 1.8 m (6 ft.) in width

and where landings do not exceed a maximum area of 4.6 m² (50 ft²). ii. No more that two (2) of a pumphouse, sauna or gazebo, of which the

maximum pumphouse floor area shall be 4.6 m² (50 ft.²), maximum sauna floor area 9.3 m² (100 ft.²), and maximum gazebo floor area 18.6 m² (200 ft.²). Each structure shall not exceed a height of 4.6 m (15 ft.) and each shall have a minimum separation distance from the other of 4.6 m (15 ft.). A pumphouse and sauna shall have a minimum setback of 4.6 m (15 ft.) from the high water mark.

iii. Inclinator.

iv. Sundecks, but must have a minimum setback of 15.2 m (50 ft.) from

the high water mark. 5.1.7 ROOMING HOUSES Rooming Houses exceeding three (3) bedrooms shall be subject to the

following specific provisions: i. A minimum lot frontage and lot area in accordance with the applicable

zone in Table 5.1.3.

5.1.5 MULTIPLE DWELLINGS In the case of a multiple dwelling, apartment dwelling, or a converted dwelling,

the following provisions apply: i. Minimum floor area: Bachelor 26.9 m² (290 ft.²)

1 Bedroom 33 m² (355 ft.²)

2 Bedroom 39 m² (420 ft.²)

3 Bedroom 45.1 m² (485 ft.²)


of 379

5.0 COMMUNITY ZONES


64

ii. A maximum gross floor area of 280 m² (3010 ft.²); iii. A maximum of five (5) bedrooms; iv. A minimum bedroom size of 7 m² (75 ft.²) and a maximum bedroom size

of 27.9 m² (300 ft.²);

v. A minimum of 1 parking space per bedroom used for the Rooming House and a minimum of 1.5 parking spaces for any dwelling unit on the property;

vi. A minimum front yard setback of 10.7 m (35 feet); vii. A height not exceeding 3 storeys; viii. A minimum interior side yard setback of 4.6 m (15 ft.) in the Urban

Centres and 7.6 m (25 ft.) in the Communities; ix. A minimum exterior side yard setback of 7.6 m (25 ft.); x. A minimum landscaped area of 35%; xi. A minimum distance separation between Rooming Houses of 152.4 m

(500 ft.); measured from any and all points of their respective lot lines; xii. The cumulative floor area of bedrooms shall be limited to 50% of the

gross floor area of the Rooming House. xiii. No person shall erect a Rooming House unless the lot upon which such

Rooming House is to be erected fronts, for a distance equal to the minimum frontage requirement, a Provincial Highway or District Road.

xiv. Where a dwelling unit and Rooming House are permitted uses, only one

building containing these uses is permitted on a lot, excluding RM1 and RM2 zones.

5.1.8 SPECIAL PROVISIONS: MULTIPLE RESIDENTIAL (RM1, RM2) The following specific requirements are applicable in these zones: a. In a Multiple Residential Medium Density (RM1) zone the density of

development shall not exceed 30 dwelling units per hectare (12 units/acre) in addition to the requirements of Section 5.1.4.3 of this By-law.

b. In a Multiple Residential High Density (RM2) zone the density of

development shall not exceed 60 dwelling units per hectare (24 units/acre) in addition to the requirements of Section 5.1.4.3 of this By-law.

5.1.9 SPECIAL PROVISIONS: RESIDENTIAL WATERFRONT (R3,R4) The following specific requirements are applicable in the R3 and R4 zones: a. A two storey boathouse is permitted on a waterfront lot abutting a

Category 1 Lake in accordance with Table 1 of Section 4.1, with a minimum of 91.4 m (300 ft.) of lot frontage.


of 379

5.0 COMMUNITY ZONES


65

b. A two storey boathouse may contain a sleeping cabin. c. Only one (1) sleeping cabin is permitted per each residential lot,

provided the lot meets the minimum lot of record criteria in Section 3.4 abutting the high water mark.

d. The maximum floor area of a sleeping cabin shall be 60.4 m² (650 ft.²).

e. Where two (2) or more dwelling units exist on a lot, a sleeping cabin is

not permitted. f. A basement used solely for the purposes of storage in a sleeping cabin

shall not have access from the interior of the building. g. Within the front yard, an area of land 15.2 m (50 ft.) wide and running

parallel to the high water mark shall contain a shoreline buffer.

h. Where a lot in an R3 zone abuts the high water mark, the minimum permitted setback from the high water mark shall be 20.1 m (66 ft.), and subject to the requirements of Section 5.1.4.4.

i. Where a lot in an R3 zone abuts waterfront the minimum lot frontage shall be 61 m (200 feet), the minimum lot area shall be 0.4 ha. (1 ac.), and the maximum lot coverage shall be 15%.

j. Where a lot in an R4 zone does not have municipal water and sewer service available the minimum lot frontage shall be 45.7 m (150 ft.), the minimum lot area shall be 0.4 ha. (1 ac.), and the maximum lot coverage shall be 15%.

5.1.10 SECONDARY DWELLING UNITS Secondary Dwelling units shall be subject to the following: i) A maximum of one (1) secondary dwelling unit is permitted per lot. ii) Secondary Dwelling units must be located within an accessory

structure or as an accessory apartment in an existing single detached dwelling.

iii) A secondary dwelling unit shall have a maximum gross floor area of 111 m² (1195 ft.²).

iv) Secondary Dwelling units must have less gross floor area than the

main dwelling unit.

v) A Secondary Dwelling unit is not permitted in a R3 zone where it abuts the high water mark.

5.1.11 ACCESSORY STRUCTURES OVER WATER A boathouse, boatport, sun shelter or dock may be located in a

Waterbody Open Space Zone (WOS) where it abuts a Community Residential Zone or in a Community Residential (R) Zone provided it is an Accessory Use to the main permitted , and is subject to the following:


of 379

5.0 COMMUNITY ZONES


66

a. In the case of docks i. No part of any dock shall extend beyond 20.1 m (66 ft.) from

the high water mark; ii. No part of any dock shall be erected within 4.6 m (15 ft.) from

the side or rear lot line or any 30.5 m (100 ft.) straight line projection thereof, from the high water mark; and,

iii. The dock is permitted to extend from or to be located in the

front yard of a lot, a maximum distance of 3 m (10 ft.); iv. The total cumulative dock width on a lot shall not exceed 25%

of the lot frontage or 22.3 m (75 ft.) whichever is lesser.

v. A hot tub shall not be permitted on a dock. b. In the case of a boathouse i. The lot must abut a Category 1, 2, or 4 Lake in accordance

with Table 1 of Section 4.1;

ii. No part of any boathouse shall extend beyond 15.2 m (50 ft.) from the high water mark;

iii. The total cumulative dock and boathouse width shall not

exceed 25% of the lot frontage or 22.3 m (75 ft.), whichever is lesser;

iv. A single storey boathouse shall not exceed a height of 4.9 m

(16 ft.) with no floor, and a two storey boathouse shall not exceed a height of 7.6 m (25 ft.). A two storey boathouse is only permitted on a Category 1 Lake in accordance with Table 1 of Section 4.1 and on a lot with a minimum lot frontage of 91.4 m (300 ft.);

v. No part of any single storey boathouse shall be erected within

4.6 m (15 ft.) from the side or rear lot line or any 30.5 m (100 ft.) straight line projection thereof, from the high water mark;

vi. For the purposes of this By-law a boathouse which has a

sundeck above and/or which has a second storey or any part thereof shall be deemed to be a two storey boathouse and no part of any two storey boathouse or sundeck above shall be erected within 9.1 m (30 ft.) of the side or rear lot line or any 30.5 metre (100 ft.) straight line projection of the side or rear lot line;

vii. Structures and alterations on the second storey of a two storey

boathouse, where permitted, are limited to a sleeping cabin, covered area and sundeck (with no structure above);

viii. The maximum permitted size of the second storey of a boathouse shall be 60.4 m² (650 ft.²) which can consist of a


of 379

5.0 COMMUNITY ZONES


67

sleeping cabin, covered area, or any combination thereof; ix. The boathouse is permitted to extend from or to be located in

the front yard of a lot, a maximum distance of 3 m (10 ft.);

x. The boathouse shall not contain a dwelling unit;

xi. A hot tub shall not be permitted on a boathouse; and,

xii. The use of the first storey of any boathouse is limited to:

i) The berthing and sheltering of boats or other marine related equipment;

ii) A washroom which does not exceed 4.6 m² (50 ft.²) in

floor area;

iii) A utility room for electrical panels, water supply equipment and plumbing related to sewage disposal not exceeding 4.6 m² (50 ft.²) in floor area; and

iv) The washroom and utility room noted above are the

only permitted separate rooms in the first storey of a boathouse.

c) In the case of a sun shelter:

i) A sun shelter shall not contain habitable floor area or

be screened or glassed;

ii) The maximum permitted gross floor area shall be 18.6 m

2 (200 sq. ft.);

iii) The sun shelter shall not exceed a height of 4.5 m (15

ft.);




a) For those portions of land fronting onto a restricted waterbody and zoned with a “-R” suffix to the zone symbol, a dock, boathouse, boatport, or sun shelter may be located in the abutting Waterbody Open Space (WOS) zone and subject to the following additional provisions:

i) The maximum length of a dock, measured from the high water mark, is

the lesser of 12.2 m (40 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject dock to the closest shoreline of another lot opposite the subject dock;

ii) The maximum length of a boathouse, boatport or sun shelter, measured from the high water mark, is the lesser of 10.7 m (35 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the


of 379

5.0 COMMUNITY ZONES


68

Schedules to By-law 2014-14, measured from the subject boathouse to the closest shoreline of another lot opposite the subject boathouse;


iv) A single storey boathouse, boatport or sun shelter where the roof is capable of being used as a sundeck shall not be permitted.


of 379

5.0 COMMUNITY ZONES


69

5.2 COMMUNITY COMMERCIAL ZONES (C) 5.2.1 Permitted Main Uses No person shall within any of the Community Commercial Zones use any lot, or erect,

locate, alter or use any building or structure for any purpose except in accordance with the following applicable zones as noted on the following page in Table 5.2.1:

TABLE 5.2.1 – COMMUNITY COMMERCIAL ZONE, PERMITTED MAIN USES

PERMITTED MAIN USES

RESORT COMMERCIAL MARINA COMMUNITY HIGHWAY MIXED USE

C1A C1B C1C

C1CA C1D

C1DA C2 C3 C4 C5

AUTOMOBILE SALES ESTABLISHMENT

X X

AUTOMOBILE SERVICE STATION

X X

AUTOMOBILE WASHING ESTABLISHMENT

X X

BUILDING SUPPLY YARD X X

CLINIC X X X

CONTRACTOR’S YARD X X

CONVENIENCE STORE X X X

FINANCIAL BUSINESS X X

GAS BAR X X X

HOTEL X X X X

MARINA X X X

MOTEL X X X X X X

OFFICE X X X


X X

PLACE OF AMUSEMENT X X X

RECREATIONAL ESTABLISHMENT

X X

RECREATIONAL VEHICLE AND EQUIPMENT CENTRE

X X

RESTAURANT X X X X X X X

RETAIL STORE X X

SERVICE SHOP X X X X

TAVERN X X X

TOURIST RESORT X X X X



of 379

5.0 COMMUNITY ZONES


70

5.2.2 Permitted Accessory Uses No person shall, in any Community Commercial Zone, construct an Accessory Use on

any property unless a main use / permitted use has been established on the property and in accordance with the following applicable zones on the following page in Table 5.2.2:

TABLE 5.2.2 – COMMUNITY COMMERCIAL ZONE, PERMITTED ACCESSORY USES

ACCESSORY USES


C1A C1B C1C

C1CA C1D

C1DA C2 C3 C4 C5

ARTIST STUDIO X X X X X X X

CONVENIENCE STORE

X X X X X

CONTRACTOR’S YARD

X

CULTURAL CENTRE

X X X X X X X


X X X X X X X X

GOLF COURSE X X X X

MARINA X X X X

RESIDENTIAL – MULTIPLE DWELLING

X X X X

OFFICE X X X X X X X X


X X X X

PLACE OF AMUSEMENT

X X X X X X X


X X X X

RESTAURANT X X X X X

RETAIL STORE X X X X X

SERVICE SHOP X X

STAFF QUARTERS X X X X X X X X

TAVERN X X X X



of 379

5.0 COMMUNITY ZONES


71

(1) Where permitted in Table 5.2.1 or 5.2.2, both one dwelling unit and one

single detached dwelling unit are permitted as Accessory Uses provided that the provisions of Section 3.19 are adhered to for the dwelling unit.

5.2.3 Zone Requirements No person shall within any of the Community Commercial Zones use any lot or erect,

locate, alter or use any building or structure except in accordance with the following requirements as noted below in Table 5.2.3 and the applicable Special Provisions:

C1A, C1B Applies to Urban Centres of Bala and Port Carling

C1C, C1D Applies to the Communities of Foots Bay, Glen Orchard, Milford Bay, Minett, Torrance and Windermere

(1) See Section 5.2.4.1 (3) See Section 5.2.4.3 (2) See Section 5.2.4.2 (4) See Section 5.2.4.4

5.2.4 COMMUNITY COMMERCIAL ZONE PROVISIONS 5.2.4.1 See Section 5.2.13 5.2.4.2 For lots zoned C2 on the date of passing of this By-law the minimum lot frontage

requirement shall be 60.1 m (200 ft.) or the lot frontage which existed on the date of passing of this By-law, whichever is less.

TABLE 5.2.3 – COMMUNITY COMMERCIAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES (4)

C1A C1B C1C C1D C1CA

(1) C1DA (1)

C2 (2)

C3 C4 C5


99.1 m (325 ft.)

76.2 m (250 ft.)

152.4 m (500 ft.)

76.2 m (250 ft.)

152.4 m (500 ft.)

76.2 m (250 ft.)

61 m (200 ft.)

--- 45.7 m (150 ft.)

45.7 m (150 ft.)

Minimum Lot Area

0.4 ha (1 ac.)

0.4 ha. (1 ac.)

0.8 ha. (2 ac.)

0.8 ha. (2 ac.)

0.8 ha. (2 ac.)

0.8 ha. (2 ac.)

---

--- 0.2 ha.

(0.5 ac.)

0.2 (0.5 ac.)

Maximum Lot Coverage 35% 35% 15% 15% 15% 15% 35% --- 50% 50%


7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

--- 3 m

(10 ft.) 7.6 m (25 ft.)

7.6 m (25 ft.)


6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

3 m (10 ft.)

3 m (10 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

Minimum Exterior Side Yard Setback 7.6 m

(25 ft.) 7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

3 m (10 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

Minimum Rear Yard Setback 7.6 m

(25 ft.) 7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

3 m (10 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

Minimum Landscaped Area 30% 30% 30% 30% 30% 30% 30% --- 30% 30%

Maximum Height

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

10.7 m (35 feet)

12.2 m (40 ft.)

12.2 m (40 ft.)

12.2 m (40 ft.)


of 379

5.0 COMMUNITY ZONES


72

5.2.4.3 For lots that abut the high water mark, the minimum setback from the high water

mark shall be 20.1 m (66 ft.).

5.2.4.4 The front yard setback for each building and structure on a lot, which are

considered legal non-complying due to an encroachment into the required 20.1m (66 ft.) front yard setback, shall be the setback which existed on that date, or a minimum of 7.6 m (25ft.) from the high water mark, or from the front lot line whichever is greater. For the purposes of determining the existing front yard setback, it shall be calculated based on the setback for each type of building or structure. In the case of a sundeck, which existed prior to the passing of this By-law, which is considered to be legal non-complying due to an encroachment into the required 15.2 m (50 ft.) front yard setback, the front yard setback for that sundeck shall be the setback which existed on that date or a minimum of 4.6 m (15 ft.) from the high water mark, whichever is greater.

5.2.5 FRONT YARD EXEMPTIONS The following buildings and structures are exempted from the front yard

requirements: i) Sundecks, landings, ramps and stairs ii) Pumphouses, saunas and gazebos not exceeding 4.6 m (15 feet) in

height.

iii) Notwithstanding subsection i), for a lot that abuts the high water mark, sundecks must have a minimum setback of 15.2 m (50 ft.) from the high water mark.

5.2.6 LANDSCAPED BUFFER Where a Commercial Zone (C1A, C1B, C1C, C1CA, C1D, C1DA, C2, C4, C5)

abuts a residential Zone, 3 m (10 ft.) of the required yard abutting that zone shall be planted and maintained as a landscaped buffer.

5.2.7 STRUCTURES OVER WATER A boathouse, boatport, sun shelter, or dock may be located in a Waterbody Open

Space Zone (WOS) where it abuts a Community Commercial Zone or in a Community Commercial (C) Zone provided it is an Accessory Use to the main permitted use, and is subject to the following:

a. In the case of docks i. No part of any dock shall extend beyond 20.1 m (66 ft.) from the high

water mark; ii. No part of any dock shall be erected within 4.6 m (15 ft.) from the side or

rear lot line or any 30.5 metre (100 ft.) straight line projection thereof, from the high water mark;


of 379

5.0 COMMUNITY ZONES


73

iii. the total cumulative width of docks on a lot shall not exceed 25% of the lot frontage, excluding docks in a Community Commercial – Marina (C2) Zone which shall not exceed 75%; and,

iv. The dock is permitted to extend from or to be located in the front yard of a

lot, to a maximum distance of 3 m (10 ft). b. In the case of a boathouse i. No part of any boathouse shall extend beyond 15.2 m (50 ft.) from the high

water mark; ii. The total cumulative dock and boathouse width shall not exceed 25 % of

the lot frontage or 15.2 m (50 ft.), whichever is greater, excluding boathouses in a Community Commercial - Marina (C2) Zone, which shall be limited to 75%;

iii. The boathouse shall not exceed a height of 7.6 m (25 ft.); iv. No part of any single storey boathouse shall be erected within 4.6 m (15

ft.) from the side or rear lot line or any 30.5 metre (100 ft.) straight line projection thereof, from the high water mark;

v. For the purposes of this By-law a boathouse which has a second storey or

any part thereof shall be deemed to be a two storey boathouse and no part of any two storey boathouse shall be erected within 9.1 m (30 ft.) of the side or rear lot line or any 30.5 metre (100 ft.) straight line projection of the side or rear lot line;

vi. The lot must abut a Category 1, 2, or 4 Lake in accordance with Table 1 of Section 4.1;

vii. A two storey boathouse is only permitted on a Category 1 Lake in accordance with Table 1 of Section 4.1 and on a lot with a minimum lot frontage of 91.4 m (300 ft.); and,

viii. The boathouse is permitted to extend from or to be located in the front yard of the lot, to a maximum distance of 3 m (10 ft.).





iii) The sun shelter shall not exceed a height of 4.5 m (15

ft.);





of 379

5.0 COMMUNITY ZONES


74



water mark, is the lesser of 12.2 m (40 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject dock to the closest shoreline of another lot opposite the subject dock;

ii) The maximum length of a boathouse, boatport or sun

shelter, measured from the high water mark, is the lesser of 10.7 m (35 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject boathouse to the closest shoreline of another lot opposite the subject boathouse;


iv) A single storey boathouse, boatport or sun shelter where

the roof is capable of being used as a sundeck shall not be permitted.

5.2.8 PARKING AND LOADING See General Provision 3.28 and 3.29 for Parking and Loading Requirements 5.2.9 DWELLING UNIT Where an accessory Residential use is permitted if it is located in a non-residential

building it shall conform with General Provision 3.19. 5.2.10 SPECIAL PROVISIONS: RESORT COMMERCIAL (C1A, C1B, C1C, C1CA, C1D,

C1DA) The following specific requirement is applicable in these zones: a. For the purpose of calculating development density in all Community

Resort Commercial zones all accommodation units, housekeeping units, and dwelling units shall be included in the calculation of the number of units per acre allowed.

5.2.11 SPECIAL PROVISIONS: RESORT COMMERCIAL (C1A, C1B) The following specific requirements are applicable in these zones: a. In a Resort Commercial (C1A, C1B) zone the density of development shall

not exceed 30 units per hectare (12 units/acre). b. Medium and High Density residential development shall comply with the

provisions in Section 5.1.5 and 5.1.8. c. Where a resort development has a residential use, the commercial use


of 379

5.0 COMMUNITY ZONES


75

must be constructed prior to the residential use. d. The number of residential units shall not exceed 50% of the

accommodation units, housekeeping units, and tourist resort units. e. Habitable buildings and structures must be connected to municipal water

and sewer services.

5.2.12 SPECIAL PROVISIONS: RESORT COMMERCIAL (C1C, C1D) a. In a Resort Commercial (C1C, C1D) zone the density of development

shall not exceed 15 units per hectare (6 units/acre). 5.2.13 SPECIAL PROVISIONS: RESORT COMMERCIAL (C1CA, C1DA) The following specific requirements are applicable in these zones: a. In a Resort Commercial (C1CA, C1DA) zone the density of development

shall not exceed 15 units per hectare (6 units/acre). b. In a Resort Commercial (C1CA, C1DA) zone the gross floor area allowed

for all permitted uses on a lot in a C1CA or C1DA zone shall be limited to 20% of the lot area zoned C1CA or C1DA.

c. Where a Resort Commercial (C1CA, C1DA) zone abuts a Residential

zone the minimum required yard shall be 12.2 m (40 ft.). 3 m (10 ft.) of the required yard shall be planted and maintained as a landscaped buffer.

5.2.14 SPECIAL PROVISIONS: MARINA COMMERCIAL (C2) The following specific requirements are applicable in this zone: a. A detached dwelling unit may be located in a Marina Commercial (C2)

Zone if it is a minimum of 20.1 m (66 ft.) from the high water mark. 5.2.15 SPECIAL PROVISIONS: COMMERCIAL ZONES (C3, C4, C5) The following specific requirements are applicable in these zones: a. Despite the front or rear yard requirements of Section 3.23, a building or

structure may be erected or altered to conform with the established building line.

b. Multiple dwelling units are permitted in a Community Commercial (C3 or

C5) Zone provided that:

i) The dwelling units are connected to municipal sewer and water

services; ii) The units shall comply with the requirements of Section 5.1.5; iii) The units shall comply with General Provision 3.19; and iv) The maximum density of development shall not exceed – 30 units per

hectare (12 units/acre).


of 379

5.0 COMMUNITY ZONES


76

c. Where a Community Commercial (C3) Zone is in Port Carling and fronts on District Road #43 between Lock Street and Ferndale Road or fronts on Lock Street or is in Bala and fronts of Provincial Highway #169 between Bala Falls Road and Gordon Street or fronts on Bala Falls Road, no interior side yard is required.

d. Open storage in a Community Commercial (C4) Zone. No open storage of goods or materials is permitted unless the following

provisions are compiled with: i) such open storage is an Accessory Use to the main permitted use on

the lot; ii) such open storage complies with the required yards of the applicable

zone; and, iii) any portion of a lot used for such open storage is screened from

adjacent residential uses and streets adjoining the lots and buildings or a landscaped buffer.


of 379

5.0 COMMUNITY ZONES


77

5.3 COMMUNITY INDUSTRIAL ZONES (M)

5.3.1 Permitted Uses No person shall within any of the Community Industrial Zones use any lot, or erect,

locate, alter or use, any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 5.3.1:

TABLE 5.3.1 – COMMUNITY INDUSTRIAL ZONE, PERMITTED MAIN USES

PERMITTED USES INDUSTRIAL (M1)

EXTRACTIVE

(M2) WASTE

(M3)


X

BUILDING SUPPLY YARD X


LIGHT INDUSTRY X

MARINA X

PIT OR QUARRY X

SERVICE SHOP X

SEWER & WATER TREATMENT

X

WAREHOUSING X

WASTE DISPOSAL X

OFFICE (ACCESSORY ONLY)

X X X

RETAIL STORE (ACCESSORY ONLY)

X X



of 379

5.0 COMMUNITY ZONES


78

5.3.2 Zone Requirements

No person shall within any of the Community Industrial zones use any lot, or erect, locate, alter or use any building or structure except in accordance with the following requirements and the applicable Special Provisions:

5.3.3 OPEN STORAGE No open storage of goods or materials is permitted unless the following provisions

are complied with: i) such open storage is an Accessory Use to the main permitted use on

the lot with the exception of an extractive industrial use; ii) such open storage complies with the required yards of the applicable

zone; iii) any portion of a lot used for such open storage is screened from

adjacent residential uses and streets adjoining the lot, by buildings or a landscaped buffer.

5.3.4 LANDSCAPED BUFFER Where any Industrial Zone (M) abuts a Residential Zone, 3 m (10 ft.) of the required

yard setback abutting that zone shall be planted and maintained as a landscaped buffer.

5.3.5 OBNOXIOUS USE An OBNOXIOUS USE is not permitted.

TABLE 5.3.2 – COMMUNITY INDUSTRIAL ZONE

PROVISIONS

LOT

REQUIREMENTS

ZONES

LIGHT EXTRACTIVE WASTE

M1 M2 M3


45.7 m (150 ft.)

--- ---

Minimum Lot Area

0.4 ha. (1 ac.)

--- ---

Maximum Lot Coverage 60% 20% ---

Minimum Front Yard Setback

9.1 m (30 ft.)

20.1 m (66 ft.)

---


7.6 m (25 ft.)

20.1 m (66 ft.)

---


9.1 m (30 ft.)

20.1 m (66 ft.)

---


20.1 m (66 ft.)

---


9.1 m (30 ft.)

---


of 379

5.0 COMMUNITY ZONES


79

5.3.6 SERVICING RESTRICTION In the absence of a sewer service the permitted uses are restricted to those

industries, which use water only for the personal use of the employees and not in connection with any manufacturing, processing, assembling or fabricating process with the exception of pits and/or quarries, or wayside pits and/or wayside quarries.

5.3.7 GATEHOUSE Despite the required yards of this By-law, a gatehouse is permitted within a yard

adjacent to the street.

5.3.8 INDUSTRIAL USE An industrial use may include retail sales provided it is an Accessory Use to the

main use and provided that the retail sales area does not exceed 15% of the industrial floor area.

5.3.9 PARKING For Parking and Loading Area Requirements see Sections 3.28 and 3.29.


of 379

6.0 RURAL ZONES


80

6.1 RURAL ZONES (Ru) 6.1.1 Permitted Main Uses No person shall with any Rural Zone use any lot or erect, locate, alter or use any

building or structure for any purpose except in accordance with the following applicable zones as noted in Tables 6.1.1 and 6.1.2:

TABLE 6.1.1 – RURAL ZONES, PERMITTED MAIN USES

PERMITTED MAIN USES

AREA 3 AREA 2 RURAL

AGRICULTURE

RURAL LAND

EXTENSIVE

RURAL RESIDENTIAL

RURAL RESIDENTIAL

HAMLET

RURAL SPECIAL

SCENIC AREA

RU1

RU2 RU3 RU4 RUR RURH

RUSP RUSA

AGRICULTURAL USES X X X X

BED & BREAKFAST X X X X X X X

CONSERVATION X X X X X X X X


X X X X X X X

FARM X X X X

FORESTRY OPERATION X X X X

HOME BASED BUSINESS X X X X X X X

KENNEL X X X X

OPEN SPACE RECREATION

X X X X X X X X

ROOMING HOUSES X X X X X X X

SPECIALIZED FARM USE X

TENT & TRAILER PARK X

TOURIST RESORT X

WAYSIDE PIT OR WAYSIDE QUARRY

X X X



of 379

6.0 RURAL ZONES


81

6.1.2 Permitted Accessory Uses No person shall, in any Rural Zone, construct an Accessory Use on any property

unless a main use / permitted use has been established on the property and in accordance with the following applicable zones in Table 6.1.2:


6.1.3 ZONE REQUIREMENTS

No person shall within any Rural Zone use any lot or erect, locate, alter, or use any

building or structure except in accordance with the following requirements as noted below in Table 6.1.3 and the applicable Special Provisions:

(1) See Section 6.1.4.1 (2) See Section 6.1.4.2 (3) See Section 6.1.4.3

TABLE 6.1.2 – RURAL ZONE, PERMITTED ACCESSORY USES

PERMITTED ACCESSORY USES

Ru1 Ru2 Ru3 Ru4 RuR RuRH RuSp RuSA

RESIDENTIAL – SECONDARY DWELLING UNIT

X X X X X X X

TABLE 6.1.3 – RURAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES (2)

AREA 3 AREA 2 RURAL

AGRICULTURE

RURAL LAND

EXTENSIVE

RURAL RESIDENTIAL

RURAL RESIDENTIAL HAMLET

RURAL SPECIA

L

SCENIC AREA

Ru1 Ru2 Ru3 Ru4 RuR RuRH RuSp RuSA Minimum Lot Frontage

180 m (600 ft.)

(1)

100 m (325 ft.)

(1)

100 m (325 ft.)

(1)

200 m (660 ft.)

100 m (325 ft.)

60 m (200 ft.)

100 m (325 ft.)

(3)

180 m (600 ft.)

Minimum Lot Area

4 ha. (10 ac.)

(1)

1 ha. (2.5 ac.)

(1)

1 ac. (2.5 ac.)

(1)

30 ha. (75 ac.)

1 ha. (2.5 ac.)

0.5 ha. (1.25 ac.)

1 ha. (2.5 ac.)

(3)

4 ha. (10 ac.)

Maximum Lot Coverage 2% 5% 5% 1% 5% 10% 10% 2%


15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

30.5 m (100 ft.)


6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

30.5 m (100 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

30.5 m (100 ft.)


15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

30.5 m (100 ft.)


6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

30.5 m (100 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

30.5 m (100 ft.)


10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

9.1 m (30 ft.)

Maximum Height – Accessory Bldg (m)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

Minimum Gross Floor Area (dwelling)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)


of 379

6.0 RURAL ZONES


82

6.1.4 RURAL ZONE PROVISIONS 6.1.4.1 For all lot creation policies refer to the Township of Muskoka Lakes Official Plan, in

addition to the following: a) The number of lots created by consent is limited to one additional lot per

existing lot as of October 13th, 1992. In the case of a lot zoned Rural

(Ru2), a total of three (3) lots may be created per original 40.5 ha. (100 ac.) lot.

b) One (1) lot for residential purposes may be created for a minimum of each

20 ha. (50 ac.) zoned Rural-Agriculture (Ru3). The maximum lot frontage and area in such cases shall be 100 m (325 ft.) and 1.0 ha. (2.5 ac.).

6.1.4.2 The inclusion of a “-S” suffix to a zone symbol indicates that the area is a Scenic

Corridor. The zoning provisions of the prefix apply to this area except the front yard setback or the setback from the lot line abutting the scenic corridor as identified in the Township of Muskoka Lakes Official Plan. The setback adjacent to the corridor shall be 30.5 m (100 ft.). The front yard setback for each building and structure which existed prior to December 18, 2006, which is considered legal non-complying due to an encroachment into the required 30.5 m (100 ft.) setback from the corridor, shall be the existing setback or a minimum of 15.2 m (50 ft.) from the front lot line, whichever is greater for each building or structure. Any new building or structure shall comply with the requirements of the table to which this is a footnote.

6.1.4.3 For a Tourist Resort or Tent and Trailer Park the minimum lot area shall be as

follows:

Lot frontage Lot area

91.4 m (300 ft.) 4 ha. (10 ac.)

6.1.5 SPECIAL PROVISIONS: RURAL (RU1, RU2, RU3, RUR) The following Specific requirements are applicable in these zones: a. Lots zoned Rural (Ru1, Ru2, Ru3, RuR) which qualify as a lot of record

under Section 3.4 of this By-law are subject to the following: i) Kennels are not a permitted use on lots with a lot area less than 4

hectares (10 acres); ii) the maximum lot coverage for a lot with an area of 0.4 ha. (1 ac.) or

less shall be 10%; and, iii) where kennels are a permitted use, any enclosed area, structure or

building used as a kennel must be a minimum of 30 m (100 ft.) from any lot line.

Specialized Farm Uses b. Specialized Farm Uses are permitted in a Rural Land Extensive Zone (Ru4)

subject to the following:


of 379

6.0 RURAL ZONES


83

i) Minimum separation distance to a dwelling unit located on a lot under

separate ownership – 305 m (1000 ft.). ii) Minimum setback from a street – 90 m (300 ft.). iii) Minimum setback from a watercourse – 30 m (100 ft.). iv) Minimum separation from a Residential Zone – 305 m (1000 ft.). v) Minimum Separation from any remaining lot line – 60 m (200 ft.). Agricultural Uses (Agri-Tourism) c. An Agricultural Use includes Agri-tourism and the following provisions shall

apply: i) Minimum lot area – 40 ha. (100 ac.) ii) Minimum setback from a street and all lot lines – 40 m (132 ft.) iii) Maximum lot area devoted to agri-tourism uses shall not exceed 15%

of the total lot area, including required parking spaces. iv) Agri-tourism uses shall remain secondary to the principal farming

operation on the lot. v) The retail store component associated with any agri-tourism use shall

be limited to 200m² (2153 ft.²). Kennels d. Where kennels are a permitted use, any enclosed area, structure or

building used as a kennel must be a minimum of 30 m (100 ft.) from any lot line.

Rooming house e. Rooming houses exceeding three bedrooms shall be subject to the

following specific provisions: a) A minimum lot frontage of 30.5 m (100 ft.) and a minimum lot area of 0.2

ha. (5 ac.). In the case of a lot zoned Rural Special (RuSp) a minimum lot frontage and a minimum lot area in compliance with the Lot and Site Requirements of Section 6.1.3;

b) A maximum gross floor area of 279 m² (3000 ft.²); c) A maximum of five (5) bedrooms; d) A minimum bedroom size of 7 m² (75 ft.²); e) A maximum bedroom size of 28 m² (300 ft.²); f) A minimum of one (1) parking space per bedroom used for the rooming

house;


of 379

6.0 RURAL ZONES


84

g) A minimum front yard setback of 20.1 m (66 ft.), a minimum interior side

yard and rear yard setback of 15.2 m (50 ft.); h) A minimum landscaped area of 35%; and i) A height not exceeding three (3) storeys; j) A minimum distance separation between rooming houses of 152.4 m

(500ft), measured from any and all points of their respective lot lines. k) Where a dwelling unit and rooming house are permitted uses, only one

building containing these uses is permitted on a lot. Secondary Dwellings Units f. Secondary Dwelling units shall be subject to the following: i) A maximum of one (1) secondary dwelling unit is

permitted per lot. ii) Secondary Dwelling units must be located within an

accessory structure or as an accessory apartment in an existing single detached dwelling.

iii) A secondary dwelling unit shall have a maximum gross

floor area of 111 m² (1195 ft.²). iv) Secondary Dwelling units must have less gross floor

area than the main dwelling unit.


of 379

6.0 RURAL ZONES


85

6.2 RURAL COMMERCIAL ZONE (RUC)

6.2.1 Permitted Main Uses

No person shall, in any Rural Commercial Zone use any lot or erect, locate, alter or use any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 6.2.1:

TABLE 6.2.1 – RURAL COMMERCIAL ZONE, PERMITTED MAIN USES

PERMITTED MAIN USES

RURAL RESORT RESORT

BACKLOT TENT &

TRAILER PRIVATE CAMPS

LAND EXTENSIVE

COMMERCIAL INDUSTRIAL

RuC1

RuC2

RuC2B

RuC3

RuC4

RuC5

RuC6

AUTOMOBILE SALES ESTABLISHMENT X X

AUTOMOBILE SERVICE STATION X X X



CONVENIENCE STORE X

GAS BAR X

HOTEL X

KENNEL X X

LANDSCAPING CENTRE X X

LIGHT INDUSTRY X

MARINA X X X

MOTEL X

PRIVATE CAMP X

PRIVATE CLUB X X

RECREATIONAL ESTABLISHMENT X


X X

RESTAURANT X X

RIDING STABLE X

SERVICE SHOP X X

TENT AND TRAILER PARK X

TOURIST RESORT X

VETERINARY CLINIC X X

WAREHOUSING X



of 379

6.0 RURAL ZONES


86

6.2.2 Permitted Accessory Uses No person shall in any Rural Zone, construct an Accessory Use on any property

unless a main use/permitted use is established and in accordance with the following application zones in Table 6.2.2.

TABLE 6.2.2 – RURAL ZONES, PERMITTED ACCESSORY USES

ACCESSORY USES

RURAL RESORT RESORT BACKLOT

TENT & TRAILER

PRIVATE CAMPS

LAND EXTENSIVE


RuC1

RuC2

RuC2B

RuC3

RuC4

RuC5

RuC6

CONVENIENCE STORE X X X X

RESIDENTIAL – DWELLING UNIT X X X X X X

GAS BAR X

GOLF COURSE X X

OFFICE X X X X X X

OPEN SPACE RECREATION X X X X X X

PARKING AREAS X X X X X X X

PARKING SPACES X X X X X X X

PERSONAL SERVICE SHOP X X

RECREATIONAL ESTABLISHMENT X X

RESTAURANT X X X

RETAIL STORE X X X X

ROOFED RECREATION FACILITY X X X X

SERVICE SHOP X X X

STAFF QUARTERS X X X

STORAGE FACILITIES X X X X X X

TUCK SHOP X

WASTE TREATMENT FACILITY X X X X



of 379

6.0 RURAL ZONES


87

6.2.3 Zone Requirements No person shall, in any Rural Commercial Zone use any lot, or erect, locate, alter or

use any building or structure except in accordance with the following requirements as noted below in Table 6.2.3 and any applicable Special Provisions:


6.2.4 RURAL COMMERCIAL ZONE PROVISIONS 6.2.4.1 See Section 6.2.7. 6.2.4.2 In the case of a Dryland Marina, the minimum front yard setback for open storage

and/or a storage facility is 30.5 m (100 ft.). 6.2.4.3

The inclusion of a “-S” suffix to a zone symbol indicates that the area is a Scenic Corridor. The zoning provisions of the prefix apply to this area except the front yard setback or the setback from the lot line abutting the scenic corridor as identified in the Township of Muskoka Lakes Official Plan. The setback adjacent to the corridor shall be 30.5 m (100 ft.). The front yard setback for each building and structure which existed prior to December 18, 2006, which is considered legal non-complying due to an encroachment into the required 30.5 m (100 ft.) front yard setback, shall be the existing setback or a minimum of 15.2 m (50 ft.) from the front lot line, whichever is greater for each building or structure. Any new building or structure shall comply with the requirements of Section 6.2.3.

TABLE 6.2.3 – RURAL COMMERCIAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES(3)

RURAL RESORT RESORT

BACKLOT TENT &


LAND EXTENSIVE


RuC1 RuC2 RuC2B

(1) RuC3 RuC4 RuC5

RuC6 (4)


61 m (200 ft.)

76.2 m (250 ft.)

--- 91.4 m (300 ft.)

91.4 m (300 ft.)

91.4 m (300 ft.)

91.4 (300 ft.)

Minimum Lot Area

0.4 ha. (1 ac.)

0.8 ha. (2 ac.)

4 ha. (10 ac.)

4 ha. (10 ac.)

2 ha. (5 ac.)

2 ha. (5 ac.)

2 ha. (5 ac.)

Maximum Lot Coverage 10% 10% 1% 10%

10%

5% 5%


15.2 m (50 ft.)

(2)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

(2)

15.2 m (50 ft.)

(2)

Minimum Interior Side Yard Setback 9 m

(30 ft.) 9 m

(30 ft.)

20.1 m (66 ft.)

30 m (100 ft.)

30 m (100 ft.)

30 m (100 ft.)

30 m (100 ft.)


15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)


15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)


13.7 m (45 ft.)

13.7 m (45 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

12.2 m (40 ft.)


of 379

6.0 RURAL ZONES


88

6.2.4.4

Where an RuC6 zone abuts or gains access from District Road 169, light industry is not a permitted use. Any light industry use is restricted to low effluent producing uses.

6.2.5

DWELLING UNIT:

Where an accessory Residential use is permitted if it is located in a non-residential

building it shall conform with General Provision 3.19, dwelling in a Non-Residential building.

6.2.6 LANDSCAPED BUFFER: Where any Rural Commercial Zone abuts any Residential Zone 3 m (10 ft.) of the

required yard abutting that zone shall be planted and maintained as a landscaped buffer.

6.2.7 PARKING AND LOADING:

6.2.8

For Parking and Loading Area requirements see General Provision 3.28 and 3.29. SPECIAL PROVISIONS: RURAL COMMERCIAL (RUC1) The following further requirements are applicable in RuC1 zone. No open storage of goods or materials is permitted unless the following provisions are complied with: a. such open storage is an Accessory Use to the main permitted use on the lot; b. such open storage complies with the required yards of the applicable zone; c. any portion of a lot used for such open storage is screened from adjacent residential

streets adjoining the lot by buildings or a landscaped buffer.

6.2.9 SPECIAL PROVISIONS: COMMERCIAL BACKLOT (RUC2B) The following further requirements are applicable in the RuC2B zone: a. The maximum gross floor area allowed for all permitted uses on a lot in a

RuC2B zone is limited to 1% of the lot area zoned RuC2B zone to a maximum of 4046.7 m² (43,560 ft.²).

b. The interior side yard in a RuC2B zone, which abuts any zone other than a

residential zone shall be 9.1 m (30 ft.). c. No uses are permitted on a lot zoned Resort Commercial Backlot (RuC2B)

unless such lot is part of a Tourist Resort, Hotel or Motel, which also includes a lot or a part of a lot zoned Rural Resort Commercial.

6.2.10 SPECIAL PROVISIONS: RURAL TENT AND TRAILER ZONE (RUC3) The following further requirements are applicable in the RuC3 zone: a. No campsite may be located within 30.5 m (100 ft.) of any lot line or high water


of 379

6.0 RURAL ZONES


89

mark; b. Minimum area of each campsite – 232.3 m² (2500 ft.²);

c. Housekeeping Units and cabins may be erected and used only in accordance

with the following requirements: i) minimum lot area, per cabin located on the lot – 464.5 m² (5000 ft.²); ii) maximum floor area per cabin – 92.9 m² (1000 ft.²); iii) minimum lot area per housekeeping unit located on the lot – 696.8 m²

(7500 ft.²); iv) maximum floor area per housekeeping unit – 111.5 m² (1200 ft.²); v) total number of housekeeping units and cabins on a lot shall not

exceed 10% of the number of developed campsites on the lot. d. The total lot size requirement is the sum of the requirements for each

housekeeping unit, cabin and campsite on a lot.

6.2.11 SPECIAL PROVISIONS: RURAL PRIVATE CAMP (RUC4) The following specific requirements are applicable in this zone: a. No campsite may be located within 30.5 m (100 ft.) of any lot line or high water

mark. b. Minimum area of each campsite – 232.3 m² (2500 ft.²).


of 379

6.0 RURAL ZONES


90

6.3 RURAL INDUSTRIAL ZONE (RuM)

6.3.1 Permitted Uses No person shall, in any of the Rural Industrial Zones, use any lot or erect, locate, alter

or use any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 6.3.1:

TABLE 6.3.1 – RURAL INDUSTRIAL ZONE, PERMITTED MAIN USES

PERMITTED USES

LIGHT WASTE

DISPOSAL EXTRACTIVE SALVAGE YARDS

RuM1 RuM2

RuM3 RuM4

AGRICULTURE X

CONTRACTOR’S YARD X

LIGHT INDUSTRY X

MARINA X

PIT OR QUARRY X

SALVAGE YARD X

SERVICE SHOP X

WASTE DISPOSAL X

WASTE TREATMENT FACILITY X

WAYSIDE PIT OR QUARRY X

CONTRACTOR’S YARD (ACCESSORY ONLY)

X X

RESIDENTIAL – DWELLING UNIT (ACCESSORY ONLY)

X X X

OFFICE (ACCESSORY ONLY) X X X X


X X

X indicates uses permitted in the applicable zone


of 379

6.0 RURAL ZONES


91

6.3.2 Zone Requirements No person shall within any of the Rural Industrial Zones use any lot, or erect, locate,

alter or use any building or structure except in accordance with the following requirements as noted in Table 6.3.2 and applicable Special Provisions:

(1) See Section 6.3.3.1

6.3.3 RURAL INDUSTRIAL ZONE PROVISIONS 6.3.3.1 The inclusion of a “-S” suffix to a zone symbol indicates that the area is a Scenic

Corridor. The zoning provisions of the prefix apply to this area except the front yard setback or the setback from the lot line abutting the scenic corridor as identified in the Township of Muskoka Lakes Official Plan. The setback adjacent to the corridor shall be 30.5 m (100 ft.). The front yard setback for each building and structure which existed prior to December 18, 2006, which is considered legal non-complying due to an encroachment into the required 30.5 m (100 ft.) front yard setback, shall be the existing setback or a minimum of 15.2 m (50 ft.) from the front lot line, whichever is greater for each building or structure. Any new building or structure shall comply with the requirements of the table to which this is a footnote.

6.3.4 LANDSCAPED BUFFER: Where any Rural Industrial Zone abuts any Residential Zone, 6.1 m (20 ft.) of the

required yard abutting the zone shall be planted and maintained as a landscaped buffer.


For Parking and Loading Area requirements see General Provision 3.28 and 3.29. 6.3.6 OBNOXIOUS USE:

An obnoxious use is not permitted.

TABLE 6.3.2 – RURAL INDUSTRIAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES

LIGHT WASTE

DISPOSAL EXTRACTIVE

SALVAGE YARDS

RuM1 RuM2 RuM3 RuM4


91.4 m (3000 ft.)

--- --- 91.4 m

(3000 ft.)

Minimum Lot Area

0.8 ha. (2 ac.)

--- --- 1 ha.

(2.5 ha.)

Maximum Lot Coverage 10% --- 10% ---


15.2 m (50 ft.)

--- 20.1 m (66 ft.)

20.1 m (66 ft.)


9.1 m (30 ft.)

--- 20.1 m (66 ft.)

20.1 m (66 ft.)


9.1 m (30 ft.)

--- 20.1 m (66 ft.)

20.1 m (66 ft.)


--- 20.1 m (66 ft.)

20.1 m (66 ft.)


--- 10.7 m (35 ft.)

10.7 m (35 ft.)


of 379

6.0 RURAL ZONES


92

6.3.7 GATEHOUSE:

A gatehouse shall be permitted in a required front or side yard adjacent to the

street line. A gatehouse shall be a maximum floor area of 9.3 m² (100 ft.²). 6.3.8 OPEN STORAGE:

No open storage of goods or materials is permitted unless the following provision is

complied with: i) any portion of a lot used for open space storage must be screened

from adjacent residential uses and streets adjoining the lot by buildings or landscaped buffer.

6.3.9 RETAIL SALES:

An industrial use may include retail sales provided it is an Accessory Use to the

main use and provided that the retail sales area does not exceed 15% of the industrial floor area.

6.3.10 RESTRICTED INDUSTRIES:

Permitted uses are restricted to those industries which use water only for the

personal use of the employees and not in connection with any manufacturing, processing, assembling or fabricating process with the exception of a pit or quarry or wayside pit or wayside quarry.


of 379

7.0 INSTITUTIONAL ZONE


93

7.1 INSTITUTIONAL ZONE (I) 7.1.1 Permitted Uses No person shall within the Institutional Zone (I) use any lot or erect, locate, alter or

use any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 7.1.1:

TABLE 7.1.1 – INSTITUTIONAL ZONE, PERMITTED USES

PERMITTED USES INSTITUTIONAL (I)

PUBLIC USE X

NURSING HOME X

RETIREMENT HOME X

HOME FOR THE AGED X

ARENA X

CURLING CLUB X

SERVICE CLUB X

CHURCH X

PLACE OF WORSHIP X

EDUCATIONAL INSTITUTIONS X

NURSERY SCHOOL X

HOSPITAL X

NURSING STATION X

RESIDENTIAL USE, ACCESSORY X


7.1.2 Zone Requirements No person shall within the Institutional Zone (I) use any lot, or erect, locate, alter or

use any building or structure except in accordance with the following requirements of the applicable zones:

TABLE 7.1.2 – INSTITUTIONAL ZONE PROVISIONS

ZONE LOT REQUIREMENTS MINIMUM YARD REQUIREMENTS

MAXIMUM HEIGHT

TITLE SYMBOL MIN.

FRONTAGE MIN.

AREA

MAX. COVER-

AGE FRONT INT.SIDE

EXT. SIDE

REAR

INSTITUTIONAL I 61 m

(200 ft.)

0.4 ha. (1 ac.)

30 %

7.6 m (1) (25 ft.)

4.6 m (15 ft.)

7.6 m (25 ft.)

4.6 m (15 ft.)

12.2 m (40 ft.)



of 379



94

7.1.3. INSTITUTIONAL ZONE PROVISIONS

7.1.3.1 Where a lot abuts the high water mark, the minimum front yard setback shall be 20.1 m. (66 ft.)

7.1.4 COMMUNITY LOT REQUIREMENTS Despite the provisions listed in Table 7.1.2, where an Institutional use exists in a

Community Zone the following shall apply:

LOT FRONTAGE LOT AREA

Sewer and Water 20.1 m (66 ft.) 0.1 ha (0.25 ac.)

Sewer or Water 30.5 m (100 ft.) 0.2 ha (0.50 ac)

Private Service 45.7 m (153 ft.) 0.4 ha (1.0 ac.)

7.1.5 PARKING AND LOADING For Parking and Loading requirements see General Provision 3.28 and 3.29. 7.1.6 STRUCTURES OVER WATER A boathouse and dock may be located in a Waterbody Open Space (WOS) Zone

where it abuts an Institutional (I) Zone, or in an Institutional Zone (I), provided it is an Accessory Use to the main permitted use and is subject to the following:

i) in the case of a dock a) no part of any dock shall extend beyond 24.4 m (80 ft.) from the high water

mark; b) no part of any dock shall be erected within 9.1 m (30 ft.) of the side or rear lot

line or any 30.5 m (100 ft.) straight line projection thereof, from the high water mark;

c) the total cumulative width of docks on a lot shall not exceed 25% of the lot frontage or 15.2 m (50 ft.), whichever is greater; and,

d) a dock is permitted to extend from or to be located in the front yard of a lot, a

maximum distance of 3 m (10 ft.). ii) in the case of a boathouse a) no part of any boathouse shall extend beyond 15.2 m (50 ft.) from the high

water mark; b) the total cumulative dock and boathouse width shall not exceed 25 % of the

lot frontage or 15.2 m (50 ft.), whichever is greater; c) the boathouse shall not exceed a height of 7.6 m (25 ft.);


of 379



95

d) no part of any single storey boathouse shall be erected within 9.1 m (30 ft.) and two storey boathouse 13.7 m (45 ft.) of the side or rear lot line or any 30.5 m (100 ft.) straight line projection thereof, from the high water mark;

e) the boathouse is permitted to extend from or to be located in the front yard of

a lot, a maximum distance of 3 m (10 ft.); and, f) the boathouse shall only be used for the storage and servicing of boats and

marine related equipment.


of 379

8.0 ENVIRONMENTAL PROTECTION ZONES


96

8.1 ENVIRONMENTAL PROTECTION ZONE (EP1, EP1-PSW, EP2) 8.1.1 Permitted Uses a. No person shall within the Environmental Protection Zones (EP1, EP1-PSW), being

environmentally sensitive lands which require protection, use any lot or erect, locate, alter, or use any building or structure for any purpose except in an Environmental Protection Zone (EP1) and in accordance with the following:

All structures, buildings and facilities necessary in conjunction with: i) The production of cranberries excluding buildings and structures; ii) flood control; iii) erosion control; and iv) provision of pedestrian access such as a boardwalk but not including

shoreline structures. 8.1.2 Zone Requirements No person shall within the Environmental Protection Zone (EP2), being

environmentally sensitive lands which require protection, use any lot, or erect, locate, alter or use any building or structure for any purpose except docks and boathouses in accordance with the provisions of the closest abutting zone.

8.1.3 Specific Zone Requirements Special Provisions: Environmental Protection (EP2) The following specific requirements are applicable in this zone: a. No building or structure except those listed in Section 8.1.1 shall be erected

within 30 m (100 ft.) of an Environmental Protection (EP2) Zone.


of 379

9.0 OPEN SPACE ZONES


97

9.1 WATERBODY OPEN SPACE ZONE (WOS): LANDS UNDER WATER

9.1.1 Limitation The provisions of this section of this By-law do not constitute regulation of

navigation or shipping, which are within the exclusive jurisdiction of the Government of Canada.

9.1.2 Permitted Uses No person shall within the Waterbody Open Space (WOS) Zone use any lot or land

covered by water, or erect, locate, alter or use any building or structure for any purpose except for the following:

a. in the case of lands under water abutting lots zoned Residential and

Commercial: Docks, boathouses, or sun shelters if they are an Accessory Use to the

permitted uses of the nearest abutting zone above the high water mark and subject to the provisions of the abutting zone; or

b. in the case of lands under water abutting lands zoned Waterfront landing

(WL) or Marina Commercial (WC2, C2): The permitted uses of the nearest abutting zone above the high water mark,

excluding dwelling units and subject to the provisions of that zone for docks and boathouses.

c. in the case of lands abutting an Environmental Protection (EP1) zone,

Environmental Protection – Provincially Significant Wetlands (EP1-PSW) or an Environmental Protection (EP2) zone:

The permitted uses set out in Sections 8.1.1. and 8.1.2. 9.1.3 Zone Requirements No person shall within the Waterbody Open Space (WOS) Zone use any lot or land

covered by water, or erect, locate, alter, or use any building or structure except in accordance with the Zone and Specific Zone Requirements applicable to the nearest abutting zone above the high water mark.


of 379



98

9.2 OPEN SPACE ZONES (OS) 9.2.1 Permitted Uses No person shall within any Open Space Zone use any lot or erect, locate, alter or

use any building or structure or any purpose except in accordance with the following applicable zones as noted below in Table 9.2.1:

TABLE 9.2.1 – OPEN SPACE ZONE, PERMITTED USES

PERMITTED USES OS1

(PUBLIC OPEN SPACE)

OS2 (PRIVATE OPEN

SPACE)

OS3 (COMMERCIAL OPEN

SPACE)

OS4 (PRIVATE OPEN

SPACE ISLANDS)

AGRICULTURAL USES X X X

CONSERVATION X X X X

FORESTRY OPERATION X X

GOLF COURSE X

HUNT CAMP X X

MUSEUM X

OPEN SPACE RECREATION X X X X

PRIVATE CLUB X

PRIVATE PARK X

WAYSIDE PIT OR QUARRY X X X



of 379



99

9.2.2 Zone Requirements No person shall within any Open Space Zone (OS1, OS2, OS3, OS4) use any lot or

erect, locate alter or use any building or structure except in accordance with the following requirements as noted below in Table 9.2.2 and applicable Special Provisions:

9.2.3 SPECIAL PROVISIONS: OPEN SPACE PUBLIC AND PRIVATE LANDS (OS1, OS2) The following specific requirements are applicable in these zones:

a. A building may be erected if it is an accessory use to a

permitted use, or a use which existed at the time of the passing of this By-law and does not exceed a floor area of 23.2 m

2

(250 ft²). b. A dock may be located in a Waterbody Open Space (WOS) Zone

where it abuts an Open Space (OS1, OS2) Zone or in an Open Space (OS1, OS2) Zone provided it is subject to the following:

i) no part of any dock shall extend beyond 20.1 m (66 ft.) from

the high water mark; ii) no part of any dock shall be erected within 9.1 m (30 ft.) of the

side or rear lot line of any 30.5 m (100 ft.) straight line projection thereof from the high water mark;

iii) a dock is permitted to extend from or to be located in the front

yard of a lot and shall not extend more than 3 m (10 ft.) onto land; and,

iv) the total cumulative width of docks on a lot shall not exceed

15% of the lot frontage or 13.7 m (45 ft.), whichever is lesser.

TABLE 9.2.2 – OPEN SPACE ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES

OS1 OS2 OS3 OS4


--- --- 201.2 m (660 ft.)

30.5 (100 ft.)

Minimum Lot Area

--- --- 10.1 ha. (25 ac.)

0.14 ha. (0.35 ac.)

Maximum Lot Coverage --- 5% 5% ---

Minimum Front Yard Setback ---

6.1 m (20 ft.)

20.1 m (66 ft.)

10.7 m (35 ft.)


--- 3 m

(10 ft.) 9.1

(30 ft.) ---


--- 7.6 m (25 ft.)

20.1 m (66 ft.)

---

Minimum Rear Yard Setback (m) ---

3 m (10 ft.)

9.1 m (30 ft.)

---

Maximum Height (m) ---

4.6 m (15 ft.)

12.2 m (40 ft.)

4.6 m (15 ft.)


of 379



100

c. A hunt camp may be erected and used only in accordance with the following:

i) A maximum of two (2) hunt camps shall be permitted per lot. ii) Maximum gross floor area of each hunt camp – 92.9 m² (1000

ft.²). d. A dwelling unit is not permitted.

9.2.4 SPECIAL PROVISIONS: OPEN SPACE COMMERCIAL (OS3) The following specific requirements are applicable in this zone: a. Where a building is erected or altered within 15.2 m (50 ft.) of a Residential lot, 3 m

(10 ft.) of the required yard, abutting the residential lot shall be planted and maintained as a landscaped buffer.

b. A dwelling unit is permitted if it is an Accessory Use to the main use on the lot and if

it is located in a non-residential building shall conform with General Provision 3.19, dwelling in a Non-Residential building.

c. A boathouse may be located in a Waterbody Open Space Zone (WOS) where it

abuts an Open Space (OS3) or in an Open Space Zone (OS3), provided it is an Accessory Use to the main permitted use, and is subject to the following:

i. No part of any boathouse shall extend beyond 15.2 m (50 ft.) from the high

water mark; ii. The total cumulative dock and boathouse width on a lot shall not exceed 25 %

of the lot frontage or 7.6 m (25 ft.) whichever is greater, and the boathouse width of any individual boathouse shall not exceed 22.9 m (75 ft.);

iii. The boathouse shall not exceed a height of 7.6 m (25 ft.); iv. No part of any boathouse shall be erected within 9.1 m (30 ft.)of the side or

rear lot line or any 30.5 m (100 ft.) straight line projection thereof, from the high water mark;

v. A boathouse is permitted to extend into or to be located in the front yard of

a lot, a maximum distance of 3 m (10 ft.); and vi. The boathouse shall only be used for the storage and servicing of boats

and marine related equipment. d. A dock may be located in a Waterbody Open Space (WOS) Zone where it abuts an

Open Space (OS3) Zone or in an Open Space (OS3) Zone, provided it is subject to the following:

i. No part of any dock shall extend beyond 24.4 m (80 ft.) from the high water

mark; ii. No part of any dock shall be erected within 9.1 m (30 ft.) of the side or rear

lot line or any 30.5 m (100 ft.) straight line projection thereof, from the high water mark;


of 379



101

iii. The total cumulative width of docks on a lot shall not exceed 25% of the lot

frontage or 7.6 m (25 ft.), whichever is greater; and, iv. A dock is permitted to extend from or to be located in the front yard of a lot,

a maximum distance of 3 m (10 ft.). e. See General Provisions 3.28 and 3.29 for Parking and Loading Requirements.

9.2.5 SPECIAL PROVISIONS: OPEN SPACE PRIVATE ISLANDS (OS4) The following specific requirements are applicable in this zone: a. A picnic shelter may be erected provided it does not exceed a floor area of

23.2 m² (250 ft.²). b. A picnic shelter shall only be single storey with a maximum height of 4.6 m

(15 ft.) . c. In the case of a picnic shelter with a flat roof, the roof cannot be used as a

sundeck, for lounging, or for picnicking. d. One dock may be constructed parallel to the shoreline, which abuts the

shoreline for its whole width, covering no more than 9.1 m (30 ft.) of the lot frontage and may project no more than 1.8 m (6 ft.) from the high water mark, OR

One dock may be constructed, other than parallel to and abutting the

shoreline along its whole width, projecting no more than 9.1 m (30 ft.) from the high water mark and be no more than 1.8 m (6 ft.) in width.


of 379

10.0 GENERAL RESTRICTED ZONE


102

10.1 GENERAL RESTRICTED ZONE (GR) 10.1.1 Permitted Uses No person shall within a General Restricted (GR) Zone use any lot except for those

uses, which existed on the date this By-law was passed. Any new shoreline structures, or expansion or extension of existing shoreline structures shall only be permitted by way of a site-specific Zoning By-law Amendment.

10.1.2 Enlargement of Permitted Uses Nothing in this By-law prevents the enlargement or alteration of an existing building

or structure in a GR Zone, or the erection of any building or structure accessory to the use of the lot in a GR Zone, provided that the use of the lot does not change and the enlargement or erection conforms with the zone requirements for the General Restricted (GR) Zone.

10.1.3 Zone Requirements No person shall within the General Restricted (GR) Zone use any lot or erect, locate,

alter or use any building or structure except in accordance with the following requirements as noted below in Table 10.1.3:

TABLE 10.1.3 – GENERAL RESTRICTED ZONE PROVISIONS

ZONE LOT REQUIREMENTS MINIMUM YARD REQUIREMENTS MAXIMUM HEIGHT

TITLE SYMBOL MIN.

FRONTAGE MIN.

AREA

MAX. COVER-

AGE FRONT

INT. SIDE

EXT. SIDE

REAR MAIN

BUILDING ACC.

BUILDING

GENERAL RESTRICTED

GR 61 m

(200 ft.)

0.4 ha. (1 ac.)

20 %

15.2 m (50 ft.)

9.1 m (30 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

9.1 m (30 ft.)

6.1 m (20 ft.)


of 379

11.0 DEFINITIONS


103

11.1 Accessory Structure: Shall mean a building or structure, the use of which is incidental, subordinate, and exclusively devoted to the principal use and located on the same lot.

11.2 Accessory Use:

Shall mean a use naturally and normally incidental to, subordinate to, or exclusively devoted to a principal use and located on the same lot.

11.3 Accommodation Unit:

Shall mean a room or suite of rooms used or maintained for the accommodation of the travelling or vacationing public and which does not contain a kitchen.

11.4 Agricultural Use:

Shall mean the use of land, buildings or structures for the purposes of animal husbandry, horticulture, dairying, fallow and / or forestry, and shall include crops and pasturage, raising of poultry and other similar uses and shall include roadside facilities for the retail sale of produce grown on the farm. Agricultural use does not include the extraction, mining, or excavating of peat for commercial purposes.

11.5 Agri-Tourism:

Agricultural use which is designed to accommodate the visiting public for the purpose of enjoyment, education or active involvement in the activities of the farm or operation.

11.6 Alter:

Shall mean, when used in reference to a building, structure or part thereof, to change any one or more of the internal or external dimensions of such building or to change the type of construction of the exterior walls or roof or a change from one type of occupancy to another or a structural alteration or change. When used in reference to a lot the word alter means a change in use or a decrease or increase in the width, depth or area or to decrease or increase the width, depth or area of any required yard, setback, or boundary of such lot with respect to a street or high water mark, whether such alteration is made by conveyance or alteration or any portion of said lot or otherwise.

11.7 Artist Studio:

Shall be defined as the workroom of an artist, as a painter or sculptor or a room, or place for instruction or experimentation in one of the performing arts, or a room or set of rooms specially equipped for developing photographs within a building or structure.

11.8 Automobile Sales Establishment:

Shall mean a building or structure or a clearly defined space on a lot used for the display and sale of motor vehicles and may include the servicing, repair, cleaning, polishing, and lubricating of motor vehicles, the sale of automotive accessories and related products, and the leasing or renting of motor vehicles.


of 379

11.0 DEFINITIONS


104

11.9 Automobile Service Station: Shall mean a building or structure or a clearly defined space on a lot where gasoline, or other motor fuels and conveyance accessories are stored or kept for sale and where repairs essential to the actual operation of motor vehicles are executed or performed and includes areas where motor vehicles are parked or stored for remuneration, hire or sale and may include a gas bar.

11.10 Automobile Washing Establishment:

Shall mean a garage for washing and cleaning motor vehicles.

11.11 Basement:

Shall mean that portion of a building between two floor levels which has at least one half of the distance from the average finished floor to underside of joist, below the average finished grade.

11.12 Bay/Bow Window:

Shall mean a window or series of windows forming a bay in a room which projects outward from the wall but does not require footings or additional structural support.

11.13 Bed & Breakfast:

Shall mean a single detached dwelling unit in which not more than three bedrooms are used or maintained for the accommodation of the travelling or vacationing public, in which the Owner supplies lodgings either with or without meals for the persons so accommodated and which may be classified as a home based business.

11.14 Berm:

Shall mean a landscaped natural or manmade rise in land or a hill, designed to screen or buffer adjacent uses.

11.15 Boardwalk:

Shall mean a constructed pedestrian walkway along or overlooking beaches, or walking paths and trails over bogs, wetlands or fragile ecosystems, generally constructed of wood or similar material intended to provide minimal disruption to the natural environment.

11.16 Boat Parking Space:

Shall mean a single parking space for a boat or other marine vessel, which forms part of a dock, boathouse or other mooring facility.

11.17 Boathouse:

Shall mean an accessory building built or anchored near the shore for the berthing and sheltering of boats or other marine related equipment and enclosed by more than one wall. The second storey of the boathouse may include a sleeping cabin or other uses, as outlined by the applicable zone requirements. For the purposes of the applicable zone requirements and permitted uses, a boathouse shall include a boatport.


of 379

11.0 DEFINITIONS


105

11.18 Boathouse Width: Shall mean the longest perpendicular measurement from any point on the exterior of one sidewall of a boathouse (or the outside of a supporting post in the case of a boatport) to any point on the exterior of the opposite sidewall (or supporting post in the case of a boatport), provided overhangs do not exceed 1.2 m in width, in which case width shall be measured to the exterior of the overhangs. For the purpose of this definition, a sidewall means the outside wall of a boathouse, which is the closest to being perpendicular to the high water mark immediately behind such boathouse.

11.19 Boatport:

Shall means a roofed accessory building built or anchored near the shore for the purpose of berthing and sheltering of boats or other marine related equipment and is not enclosed by more than one wall.

11.20 Building:

Shall mean any structure used or intended to be used for shelter or occupation of persons, animals or chattels other than a fence or wall.

11.21 Building Envelope:

Shall mean the buildable area of a lot, defined by all required setbacks and maximum height requirements, within which a building can be erected, as established in this By-law.

11.22 Building Main:

Shall mean a building in which the principal use of the lot is conducted.

11.23 Building Supply Yard:

Shall mean a commercial building and lot for the sale and storage of building materials and equipment, and may include incidental assembly / fabrication for the purposes of sales and service for a wide variety of building supplies, including but not limited to the following: lumber, millwork, siding, plumbing, fencing, electrical supplies, heating equipment and other commodities.

11.24 Bulk Fuel Storage:

Shall mean a tank for the bulk storage of petroleum, gasoline, fuel oil, gas or flammable liquid or fluid.

11.25 Cabin:

Shall mean a building without a kitchen designed for the overnight accommodation of the travelling or vacationing public.

11.26 Campsite:

Shall mean an area of land within a tent and trailer park or private camp which is designed to accommodate the placement of tents, recreational vehicle, motor coach or truck campers for the temporary quarters of a travelling or vacationing family.


of 379

11.0 DEFINITIONS


106

11.27 Church: Shall mean a building dedicated to religious worship and may include a church hall, church, auditorium, Sunday school, convent, monastery or parish hall.

11.28 Clinic, Medical:

Shall mean a public or private building used for medical, surgical, dental, physio therapeutic chiropractic or other human health treatment, consultation or diagnosis by one or more practitioners.

11.29 Clinic, Veterinary:

Shall mean a building or structure where animals, birds or other livestock are treated and where domestic animals or birds are kept for treatment.

11.30 Commercial Houseboat:

Shall mean a boat, rented for commercial gain, which contains facilities for overnight accommodation of people by including facilities for sleeping, the preparation, storage and cooking of food, and sanitary facilities.

11.31 Conservation:

Shall mean the protection and improvement of the components of the natural environment through comprehensive management and maintenance for both the individual and society’s uses both in the present and in the future.

11.32 Contractor’s Yard:

Shall mean an area of a lot used by contractor’s, including but not limited to, construction, mechanical, electrical, structural, plumbing, or landscaping contractors to store, maintain, or repair construction equipment and material. It may include a business office related to the business, and may include an area for the parking of employees’ vehicles. It does not include an area for the crushing or screening of aggregates or topsoil.

11.33 Convenience Store:

Shall mean a retail commercial establishment supplying groceries and other daily household supplies to the immediate surrounding area.

11.34 Corporation:

Shall mean the Corporation of the Township of Muskoka Lakes.

11.35 Covered Area:

Shall mean an area covered by a roof bounded by a maximum of three walls which is open at one end or side.

11.36 Cultural Centre:

Shall be defined as a building complex that promotes culture and arts.


of 379

11.0 DEFINITIONS


107

11.37 Cumulative Width: Shall mean in reference to a boathouse or a dock is the sum of the widths of every boathouse and every dock on the lot. Cantilevered structures and free-standing boat lifts shall be included.

11.38 District:

Shall mean the District Municipality of Muskoka.

11.39 Disturbed Site Area

Shall mean the removal of vegetation and/or the alteration of land from its natural state which would permanently affect the permeability of the site.

11.40 Dock:

Shall mean a structure built at or anchored to the shore at which boats or other floating vessels are berthed or secured to and which may provide a foundation for a boathouse. Any structure situated in or over lands covered by water, which is within 3 m (10 ft.) of a dock, shall be deemed to be part of the dock unless it is a boathouse or a boatport.

11.41 Dwelling, Apartment: Shall mean a building which contains three or more dwelling units each having independent entrances directly from the outside of the building or through a common entrance.

11.42 Dwelling, Converted:

Shall mean a completed separate building that was originally designed for, and constructed as a single detached dwelling unit that is converted to a maximum of three (3) dwelling units.

11.43 Dwelling, Duplex:

Shall mean a separate building that is divided horizontally into two (2) separate dwelling units each of which has an independent entrance either from the outside or through a common vestibule.

11.44 Dwelling, Multiple:

Shall mean a building, which contains two (2) or more dwelling units.

11.45 Dwelling, Row:

Shall mean a group of three (3) but not more than eight (8) attached dwelling units having independent entrances directly from the outside.

11.46 Dwelling Unit, Secondary:

Shall mean a separate dwelling unit subsidiary to, which may be located in the same building as its principal dwelling unit, semi-detached dwelling or townhouse dwelling unit or within a building or structure accessory to the dwelling unit.


of 379

11.0 DEFINITIONS


108

11.47 Dwelling, Semi-detached: Shall mean a pair of attached dwelling units with a common wall extending from the base of the foundation to the roofline.

11.48 Dwelling Unit or Dwelling:

Shall mean one or more habitable rooms designed for use by and occupation by not more than one family in which sanitary facilities and only one (1) separate kitchen are provided for the exclusive use of such a family, with a private entrance from outside the building or from a common hallway or stairway inside the building. A recreational vehicle or mobile home or housekeeping unit is deemed not to be a dwelling unit for the purpose of this By-law. A dwelling unit includes an attached garage.

11.49 Dwelling Unit, Single Detached:

Shall mean a separate building containing only one (1) dwelling unit.

11.50 Dwelling Unit, Townhouse:

Shall mean a building which contains three (3) or more dwelling units each having independent entrances directly from the outside of the building.

11.51 Erect:

Shall mean to build, construct, reconstruct, alter, enlarge and relocate and without limiting the generality of the foregoing is taken to include any associated physical operation such as excavating, grading and/or structurally altering any existing building or structure by an addition, deletion, enlargement or extension.

11.52 Established Building Line:

Shall mean the average setback from the front or rear lot line of existing buildings and structures within 61 m (200 ft.) of the side lot lines of the subject property.

11.53 Family:

Shall mean one or more persons living together in one dwelling unit.

11.54 Farm:

Shall mean land used for the tillage of soil and the growing of vegetables, fruits, grains and other staple crops including livestock raising, dairying or woodlots and includes a farm single detached dwelling unit and accessory buildings.

11.55 Farm, Specialized Use:

Shall mean land on which the predominant economic activity consists of raising chickens, turkeys or other fowl, the raising of hogs, goats, horses or cattle on feed lots, the raising or boarding of dogs or cats or the growing of mushrooms.

11.56 Financial Business:

Shall mean an establishment, including, but not be limited to, a finance and loan company, mortgage company, investment and security company and other savings and credit establishments.


of 379

11.0 DEFINITIONS


109

11.57 Floor Area: Shall mean, with reference to a building the total habitable floor area of all storeys within a building as measured between the exterior faces of the exterior walls or from the centre line of a common party wall, but excluding any private garage, breezeway, open porch, veranda, balcony, attic, bay or bow windows, basement when used solely for the purpose of storage or cellar. In the case of walls less than 0.9 m (3 ft.) in height, the floor area is the total area of all storeys within the interior surface of the walls where such exist. For the purposes of a washroom and utility room in a boathouse, floor area is the area within the interior faces of the interior and exterior walls.

11.58 Floor Area, Gross (Dwelling)

Shall mean, in the case of a dwelling, the aggregate of all areas of all storeys measured from the exterior faces of the exterior walls but excluding any detached accessory buildings, a breezeway, unenclosed sunroom or porch, and / or veranda, attic, bay and bow windows, cellar or basement when used solely for the purpose of storage.

11.59 Floor Area, Gross (Building):

Shall mean, in the case of a building, other than a dwelling, the aggregate of the area of all storeys devoted to retail sales, accommodation, customer service and / or Office use and other similar uses, measured to the face of exterior walls but shall not include mechanical rooms, common walls, stairwells, garbage and electrical rooms, parking structures and other similar uses ancillary to the main use.

11.60 Floor Area, Ground:

Shall mean the floor area of the lowest storey of a building approximately at or first above the finished grade level, excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls at the floor level of such storey, but excludes car parking areas within the building and for the purpose of this definition the walls of an inner court area shall be deemed to be exterior walls.

11.61 Forestry Operation:

Shall mean the general raising and harvesting of wood for commercial purposes or gain and shall include the raising and cutting of fuel wood, pulpwood, lumber, Christmas trees and other forest products. A forestry operation does not include a sawmill.

11.62 Garage, Attached:

Shall mean a private garage attached to a dwelling by a common wall and/or common roof structure and shall be considered to be part of the main building.

11.63 Garage, Private:

Shall mean a building which is primarily used for the storage of motor vehicles, tools and household equipment incidental to residential occupancy and in which no business, occupation or service is conducted for profit unless otherwise specifically permitted in this By-law. Except in a Waterfront landing Zone (WL) a private garage is an accessory building. If a private garage is an attached garage, it is not an accessory building.


of 379

11.0 DEFINITIONS


110

11.64 Gas Bar: Shall mean a building or structure which is used primarily for the sale of gasoline, or other motor fuels including minor running repairs to motor vehicles.

11.65 Gazebo:

Shall mean a freestanding, roofed accessory structure used for the purpose of relaxation in conjunction with a residential dwelling which shall be open, screened, or glassed on all sides. A gazebo exceeding 18.6 m

2 (200 sq. ft.) in floor area, which is

screened or glassed, shall be considered to be a habitable room. 11.66 Golf Course:

Shall mean a public or private area operated for the purpose of playing golf and includes a driving range and a miniature golf course. A golf course may include a clubhouse.

11.67 Group Home:

Shall mean a single detached dwelling unit in which not more than six (6) persons, having physical, social or mental handicaps, reside as a family under the appropriate supervision of supervised personnel, who may also reside in the dwelling unit, and which is licensed or approved by a Public Authority. A dwelling unit occupied for the purpose of providing shelter for persons on parole or released from penal institutions, or for persons ordered to reside there as a result of conviction of a criminal offence, is not a group home. A group home shall not include detention facilities.

11.68 Habitable Floor Area:

Shall mean the total floor area of all storeys contained within the exterior walls of a building including a basement where finished floor or grade to underside of joist height is greater than 1.8 m, but excluding any attached garage, private garage, open porch, verandas, attic and sundeck.

11.69 Habitable Room:

Shall mean a room in a dwelling or accessory structure, used or intended to be used primarily for human occupancy, but does not include a bathroom, toilet room, serving or storage pantry, laundry and corridor. A den, library, craft. or hobby room, sewing room, enclosed sunroom, gazebo exceeding 18.6 m

2 (200 sq. ft.), or screened room

are deemed to be a habitable room under this By-law. 11.70 Height:

Shall mean, when used in reference to a building or structure the vertical distance between the lowest finished ground surface at the exterior of the building and the highest point of the roof; or, in the case of a boathouse or sun shelter, the vertical distance between the top of the dock and the highest point of the roof; or in the case of a sundeck, the vertical distance between the lowest finished ground surface adjacent to the perimeter of the sundeck. In the case where a sundeck is joined to a building or other structure, the height of the sundeck and the height of the building or structure shall be measured separately, and each shall comply with the provisions of this By-law.


of 379

11.0 DEFINITIONS


111

11.71 High Water Mark: Shall mean the present normal high water mark of a navigable waterway made by the section of water under natural conditions on the shores or bank of a body of water, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark, without regard to any dredging or filling carried out subsequent to October 24, 1980.

11.72 Home Based Business:

Shall mean a gainful occupation conducted in whole or part in a dwelling unit or accessory building in accordance with General Provision 3.13.

11.73 Home for the Aged:

Shall mean a geriatric Long Term Care Facility which provides supervision and assistance in activities of daily living with medical and nursing services as required.

11.74 Hotel:

Shall mean a type of tourist resort used mainly for the purposes of catering to the needs of the vacationing or travelling public by supplying food and drink and furnishing sleeping accommodation of not less than ten (10) accommodation units.

11.75 Housekeeping Units:

Shall mean a room or a suite of rooms maintained for the accommodation of the travelling or vacationing public and equipped with a kitchen.

11.76 Human Habitation:

Shall mean a place of abode occupied by humans primarily for, but not limited to eating, sleeping and living functions. Such functions also include leisure and recreational activities, such as sewing, reading, crafting, hobbies, and exercising.

11.77 Hunt Camp:

Shall mean a building occupied not more than 14 days in any month and not more than 60 days in any twelve month period and used solely for the purposes of accommodating hunters. A hunt camp shall not be used as a dwelling unit.

11.78 Inclinator:

Shall mean a structure consisting of a cart on rails or track which is pulled up and down an incline or slope for the purpose of transporting people or goods. The structure may include a roofed structure no more than 9.3 m

2 (100 sq. ft.) in floor area

at the upper and lower terminals of the inclinator. 11.79 Kennel:

Shall mean a place where dogs and/or other animals other than livestock as defined in the Agricultural Code of Practice (1976) are bred and raised, and are sold or kept for sale or boarded.


of 379

11.0 DEFINITIONS


112

11.80 Kitchen: Shall mean a room or part of a room where food is stored or prepared or cooked, and which has cooking appliances.

11.81 Landings:

Shall mean a structure or platform between flights of stairs or at the head or foot of a staircase.

11.82 Landscaped Area:

Shall mean an area comprised of a naturally vegetated area, or lawn and ornamental shrubs, grasses, flowers, and trees, on a lot outside of all buildings and structures which is not used for parking, a sundeck, or a patio and may include space occupied by paths and walkways.

11.83 Landscaped Buffer:

Shall mean a landscaped or naturally planted area reserved for the purpose of screening adjacent uses by the planting or maintaining of trees and shrubs and shall consist of at least a continuous row of trees, evergreens or shrubs, not less than 1.8 m (6 ft.) high.

11.84 Landscaping Centre:

Shall mean land, buildings or structures used for the purpose of growing and selling vegetables, plants and flowers and may include the selling of materials associated with landscaping.

11.85 Lane:

Shall mean a travelled private road or travelled private right-of-way, which affords access to abutting lots.

11.86 Light Industry:

Shall mean the manufacturing, assembling or processing of component parts or finished products for retail trade but does not include any operation involving stamping presses, furnaces, machinery or the emission of any air, water or noise pollution that creates a nuisance outside of the building. Such use shall not generate any outside activity other than one loading area and parking for employees and visitors cars.

11.87 Long Term Care Facility: Shall mean a Senior Citizen Home which includes the administration or supervision of medication, or personal care services provided by a trained staff person.


of 379

11.0 DEFINITIONS


113

11.88 Lot: a. a parcel of land:

i) the whole of which can be transferred without approval for consent or approval of a plan of subdivision pursuant to the Planning Act; and

ii) no part of which can be transferred without such an approval; and iii) which is not described in a registered condominium description; and iv) which is not the subject of an agreement or By-law referred to in clause (c)

below. OR b. a parcel of land described as a whole registered description by the

Condominium Act. OR c. two or more parcels of land: i) deemed to be one LOT by this By-law; or, ii) required to be transferred together by an agreement made pursuant to the Planning Act.

11.89 Lot Area:

Shall mean the total horizontal area within the lot lines of a lot but does not include lands under water. In the case of a corner lot having street lines rounding at the corner with a radius of 6.0 m (20 ft.) or less, the lot area of such lots shall be calculated as if the lot lines were produced to their point of intersection.

11.90 Lot, Corner:

Shall mean a lot situated at the intersection of and abutting upon two or more streets provided that the angle of intersection within the lot formed by such streets is not more than 135 degrees.

11.91 Lot Coverage:

Shall mean that percentage of area covered by buildings and structures including accessory buildings and structures on the lot inclusive of any such area covered on lands adjacent to the lot in a WOS Zone and excluding non-roofed structures and docks. Lot coverage shall be calculated using the exterior faces of the exterior walls. If there are no walls, lot coverage shall be calculated using the exterior faces of the supporting posts. Where roof overhangs exceed 1.2 m (4 ft.) the portions exceeding 1.2 m (4 ft.) will be included in lot coverage.

11.92 Lot Depth:

Shall mean the horizontal distance between the front and rear lot lines. Where these lines are not parallel, it is the length of a line joining the midpoints of the front and rear lot lines.


of 379

11.0 DEFINITIONS


114

11.93 Lot Frontage: Shall mean the horizontal straight-line distance determined as follows:

a. where the front lot line is a high water mark or abuts an original shore road

allowance, the distance between the points where the lot lines or their straight line projections intersect the high water mark.

b. where the front lot line is in whole or in part within a navigable waterway, the

distance between the points where each side lot line intersects. i) the high water mark, if it so intersects, or ii) the front lot line, otherwise. c. where there are no side lot lines, the greatest distance between any point on

the front lot line and any point on the rear lot line. d. where there are no side lot lines and no rear lot line, such as on an island,

the greatest distance between any two points. i) on the front lot line, if those points are not within a navigable waterway; or ii) on the high water mark and those parts of the front lot line not within a

navigable waterway. e. where there are two (2) front lot lines abutting the same street, the longer of

the two lot lines shall be the front lot line. f. in all cases other than those above, the distance between the points where

the side lot lines intersect the front lot line. For the purposes of this definition, only those side lot lines, which intersect the front

lot line, are to be considered in determining lot frontage. 11.94 Lot, Interior:

Shall mean a lot that is not a corner lot and not a through lot.

11.95 Lot Line:

Shall mean any boundary of the lot or the vertical projection thereof.

11.96 Lot Line, Front:

Shall mean in the case of:

i. an interior lot, the lot line abutting; a) a street; or, b) a navigable waterway; or, c) an original shore road allowance; d) a right-of-way, where the lot does not abut a street, navigable waterway

or an original shore road allowance.


of 379

11.0 DEFINITIONS


115

ii. a corner lot, the longest of the lot lines, which abut the streets. If one of the streets contains a 0.3 m (1 ft.) reserve that abuts the lot the lot line adjacent to that reserve is not to be considered in determining the front lot line.

iii. a through lot; a) if it abuts two streets, the lot line abutting the street from which

access is primarily gained to the lot; b) if it abuts a street and a navigable waterway, the lot line along the high

water mark or within the navigable waterway; c) if it abuts a street and an original shore road allowance, the lot line

abutting the original shore road allowance; d) if it abuts two (2) original shore road allowances, the longer of the two (2)

lot lines abutting the original shore road allowances; e) if it abuts a navigable waterway and an original shore road allowance, the

longer of the two (2) lot lines; f) if it abuts two (2) navigable waterways, the longer of the two (2) lot lines

abutting the navigable waterways. 11.97 Lot Line, Rear:

Shall mean the longest lot line opposite the front lot line.

11.98 Lot Line, Side:

Shall mean any lot lines other than the front lot line and the rear lot line. For the purpose of measuring the side yard setback of buildings and structures over water, the side lot line includes the straight line projection of each side lot line into the water.

11.99

Lot, Small Shall mean any lot in a Waterfront Residential zone which does not exceed 61 m (200 ft.) of lot frontage and 0.4 hectares (1 acre) of lot area.

11.100

Lot, Through: Shall mean a lot bounded on both the front lot line and the rear lot line by streets, or in the case of a lot on a navigable waterway, by an original shore road allowance or high water mark on the front lot line and by a street, or original shore road allowance or high water mark on the rear lot line.

11.101 Manufacturing:

Shall mean the use of land, building or structure designed for the purpose of manufacturing, assembly, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing or storing or adapting for sale of any goods, substance, article, thing or service, but shall not include an obnoxious use, mine, pit or quarry.


of 379

11.0 DEFINITIONS


116

11.102 Marina: Shall mean a building, structure or place, and may contain docking, boat storage facilities and automobile parking areas, and may be located on a navigable waterway, where boats and boat accessories are stored, serviced, repaired or kept for sale or hire and where facilities for the sale of marine fuels and lubricants may be provided but shall not include the rental of commercial houseboats.

11.103 Medical Marihuana Facility:

Shall mean a building or structure or place, specifically licensed by the Federal Government for the production of marihuana for medical purposes for use by those persons identified as having category 1 or 2 symptoms identified in an ‘application to possess’ under the Marihuana for Medical Purposes Regulation (MMAR) or subsequent regulation thereafter.

11.104 Mobile Home:

Shall mean a single wide factory built single detached dwelling unit that is designed to be transported and capable of being connected to service utilities so as to be suitable for a long term occupation, but does not include a double wide mobile home, travel trailer, tent trailer, or trailer otherwise designed.

11.105 Mobile Unit:

Shall mean a singlewide factory built unit that is designed to be transported and is capable of being connected to service utilities so as to be suitable for long-term occupation. Mobile Units include Park Model Trailers and do not include portable classrooms or an enclosed truck trailer.

11.106 Motel:

Shall mean a type of tourist resort which caters primarily to the traveling public by supplying overnight sleeping accommodation with or without meals, and contains not less than five (5) accommodation units.

11.107 Navigable Waterway:

Shall mean any body of water that is capable of affording reasonable passage of floating vessels of any description for the purpose of transportation, recreation or commerce.

11.108 Non-Complying: Shall mean a lot, building or structure that does not fulfill the zone requirements for the zone in which the lot, building, or structure is located.

11.109 Non-Conforming:

Shall mean a use, which does not conform to the provisions of this By-law for the zones in which such a use is located on the date the By-law was passed.

11.110 Nursery School:

Shall mean a day nursery within the meaning of The Day Nurseries Act for Ontario.


of 379

11.0 DEFINITIONS


117

11.111 Nursing Home:

Shall mean a building in which the proprietor supplies for hire or gain, lodging with or without meals and, in addition, provides nursing, medical or similar care and treatment, if required, and includes a rest home or convalescent home.

11.112 Obnoxious Use:

Shall mean an offensive trade within the meaning of The Public Health Act of Ontario.

11.113 Occasional or Special Event:

Shall mean a use which occurs occasionally and for a short period of time and includes a fair, midway, sale or auction, craft sale, plant and produce sale, wedding, festival and social, cultural, or sporting event.

11.114 Office:

Shall mean a building or structure or part thereof used for the purpose of providing accommodation for an Office in which business is carried on or a profession is practiced.

11.115 Open Space Recreation:

Shall mean the use of land, structures or equipment for outdoor sports and games not conducted for profit and does not include a range for firearms, a racetrack or private park, or Golf Course.

11.116 Original Shore Road Allowance:

Shall mean a 20.1 m (66 ft.) wide allowance for a road reserved along the shore of a navigable waterway by the Crown but not an allowance that has become a street.

11.117 Open Storage:

Shall mean the storage of equipment, goods, chattels, raw materials or processed materials outside of any building or structure for a period of more than 24 hours. For the purpose of this by-law the overnight parking of licensed vehicles shall not be open storage.

11.118 Parking Area:

Shall mean an area provided for the parking of motor vehicles and includes aisles, parking spaces and related ingress and egress lands or a private garage, but does not include any part of a public street.

11.119 Parking Space:

Shall mean an area of not less than 18.6 m

2 (200 sq. ft.), exclusive of any aisles or

ingress and egress lanes, usable for the temporary parking or storage of motor vehicles, and may include a private garage or carport. Each parking space shall be at least 3.0 m (10 ft.) by 6.1 m (20 ft.).


of 379

11.0 DEFINITIONS


118

11.120 Pavilion:

Shall mean a structure accessory to a Tourist Resort for the purpose of sheltering people with a maximum floor area of 55.7 m

2 (600 sq. ft.) and containing no walls.

11.121 Person:

Shall mean any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law.

11.122 Personal Service Shop:

Shall mean barbershop, beauty parlour, shoe repair shop, self-service laundry or depot for the collection of any cleaning and laundry.

11.123 Picnic Shelter:

Shall mean a structure with a roof, floor and support posts without walls, screening or any other form of closure (except a railing no higher than 1.2 m (4 ft.) from the floor), that is used temporarily for the prime purpose of picnicking or lounging, not for overnight accommodation of persons or the storage of chattels.

11.124 Pit:

Shall mean an open excavation or cavity in the natural level of the ground made other than by natural causes by the removal of soil or rock for the purpose of removing sand, gravel or similar material and shall include the processing of excavated material.

11.125 Place of Worship:

Shall mean lands or buildings used for worship by an association of persons that is:

i) Charitable under the laws of the Province of Ontario; and, ii) Organized for the advancement of religion and for the conduct of

religious worship, service or rites; and, iii) is intended to be permanently established as to the conduct of its

existence. and may include accessory structures such as a dwelling for a caretaker or head of

the congregation and an assembly hall. 11.126 Place of Amusement:

Shall mean a bowling alley, athletic club, billiard or pool hall, amusement arcade, theatre, arena or other similar use.

11.127 Planning Act:

Shall mean a Registered Statue of Ontario, 1990, as amended, and any successor legislation relating to the same subject matter.


of 379

11.0 DEFINITIONS


119

11.128 Porch:

Shall mean a roofed structure projecting from the exterior wall of a building for the purpose of providing a covered shelter for an entrance to a building and does not have an exterior wall.

11.129 Private Camp:

Shall mean an establishment operated by a religious or private organization that provides reserved accommodation in the form of cabins, rooms or campsites, which is not open to the travelling public, and has centralized facilities for dining and recreation, and provides recreational, religious or educational programs.

11.130 Private Club:

Shall mean golf, tennis, sailing or other athletic, social or recreational club located on private lands.

11.131 Private Park:

Shall mean a park operated for commercial gain on land permanently devoted to recreational uses and may be generally characterized by its natural, historic landscape or recreational features or activities and is used for both passive and active forms of recreation.

11.132 Professional or Personal Services:

Shall mean accounting, legal, medical or other such services provided by a formally certified member of a Professional body or by an artist.

11.133 Public Authority: shall mean a. the Corporation, the District, the Government of Ontario, the Government of

Canada, or any board, authority, or commission of any of them; or, b. any utility company providing telephone, telegraph, electrical or natural gas

services; or, c. any railway company authorized under the Railway Act of Canada; or, d. any corporation providing services to the public, that has an operating budget

entirely funded by one or more entities described in clause (a). 11.134 Public Use:

Shall mean the use of a lot, building or structure by a Public Authority or authorized by a Public Authority, for the purpose of providing its services to the public, or carrying out its public mandate, but does not include an office building.

11.135 Quarry:

Shall mean an excavation in the natural level of the ground made other than by natural causes for the purpose of removing stone or similar material which is to be used for construction, further processing or as a raw material in a manufacturing process and shall include the processing of excavated material.


of 379

11.0 DEFINITIONS


120

11.136 Ramp:

Shall mean an inclined plane installed in addition to, or instead of, stairs, to provide access to a building or structure.

11.137 Reconstruction:

Shall mean the replacement of an existing building or structure where the amount of the building or structure being replaced exceeds the requirements of a restoration.

11.138 Recreational Establishment:

Shall mean a drive-in theatre, miniature golf course, tennis courts or similar use.

11.139 Recreational Vehicle:

Shall mean any vehicle that is mobile either by itself or when attached to a motor vehicle and that is capable of being used for the living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked-up or that its running gear is removed, for seasonal or temporary occupancy only.

11.140 Recreational Vehicle and Equipment Centre:

Shall mean a building or structure or part thereof used for the storage, service, sale and hire of recreation vehicles including snowmobiles, boats and all-terrain vehicles.

11.141 Renovation:

Shall mean the repair and restoration of a building to a good condition but shall not include its replacement.

11.142 Residential: Shall mean the use of land, buildings, or structures for human habitation.

11.143 Restaurant:

Shall mean a building or part thereof where food is prepared and offered for sale or sold to the public for immediate consumption on or about the premises which may include an eat in or take-out restaurant, bake shop and small food service industries.

11.144 Restoration:

Shall mean the repair of a building or structure to a safe condition where over 20% of the floor area and walls remains in its present state. It does not include the reconstruction or replacement of an entire building or structure. In the case of a dock, it applies to over 20% of the top decking and does not include the foundation cribbing, piling, or poles.

11.145 Restricted Waterbody:

Shall mean a portion of a navigable lake or river with a minimum distance from shoreline to shoreline of less than 75 m (250 ft.) or where the bay is more than 100 m (330 ft.) deep (horizontally) as measured along the axis of the bay and where denoted by a –R suffix on zoning schedules.


of 379

11.0 DEFINITIONS


121

11.146 Retail Store:

Shall mean a building or part of a building where goods, wares, merchandise, substances or articles are offered for retail sale.

11.147 Retirement Home:

Shall mean a residential facility, which may be a rest home, but does not include a hospital, nursing home, home for the aged or group home in which lodging is provided and where, in addition to sleeping accommodations, meals are supplied by a common kitchen, and other communal facilities may be provided. Nursing, medical or similar care and treatment may also be provided.

11.148 Riding Stable:

Shall mean land and buildings used to house horses and for their exercise and training and may include a school, boarding stables, tack shop or other related uses.

11.149 Right-of-Way:

Shall mean an area of land that is legally described in a registered deed for the provision of private access on which there is usually a lane.

11.150 Roofed Recreation Facility:

Shall mean a covered building or structure used for sport or recreation uses only, such as an indoor swimming pool, racquet courts or gymnasium.

11.151 Rooming House:

Shall mean a building in which lodging is provided in no more than five (5) bedrooms in return for remuneration or the provision of services or both, per each bedroom where sanitary facilities and one kitchen are provided for the inclusive use of the Roomers. A Rooming House shall not include a Group Home, Hotel, Motel, Retirement Home, Senior Citizen Home, Bed and Breakfast, or other similar establishment.

11.152 Salvage Yard:

Shall mean land or buildings used for an automobile wrecking yard or premises, the keeping and/or storing of used building products, waste paper, rags, bottles, bicycles, automobile tires, old metal, other scrap material or salvage and where such materials are bought, sold, exchanged, baled, packed, disassembled or handled for further use.

11.153 Saw Mill:

Shall mean a building or structure used to process wood from saw logs to another use and may include land used for open storage of raw or finished lumber or products.

11.154 Secondary Uses:

Shall mean uses related to but are secondary or subordinate to the principle uses permitted on the lot.


of 379

11.0 DEFINITIONS


122

11.155 Senior Citizen Home:

Shall mean an assisted living residence or assisted living facility with housing facilities for people with disabilities, which provide supervision or assistance with activities of daily living, coordination of services by outside health care providers, and monitoring of resident activities to help to ensure their health, safety, and well-being. Assistance may include the administration or supervision of medication, or personal care services provided by a trained staff person.

11.156 Service Club:

Shall mean an association of persons united by a common community service interest. This includes the premises owned and occupied by the members of such an association within which the activities of the club are conducted.

11.157 Service Shop:

Shall mean a building or part of a building devoted primarily to the repair or servicing of goods, commodities, articles or materials, but not the manufacturing of same. A service shop does not include the repair or service of motor vehicles.

11.158 Setback:

Shall mean the least horizontal distance between any lot line or high water mark, and the nearest part of any building or structure on the lot. Where the lot line is within a navigable waterway the distance shall be measured from the high water mark.

11.159 Sewer Service: Shall mean a system of underground piping for the collection of and treatment of sewage, owned and operated by a Public Authority.

11.160 Shoreline Buffer:

Shall mean a natural area maintained in its natural predevelopment state for the purpose of buffering buildings or structures on a lot. Where the natural state does not include significant vegetative cover the area shall be planted with indigenous trees and shrubs. Such a buffer shall consist of trees or shrubs a minimum of 1.8 m (6 ft.) in height and a density of one (1) tree per 9.3 m

2 (100 sq. ft.) of the required

buffer. 11.161 Sight Triangle:

Shall mean the triangular space formed by two intersecting street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 12.2 m (40 ft.) measured along the street line from the point of intersection of the street lines.

11.162 Sleeping Cabin:

Shall mean a building not attached to the main residential building for the accommodation of persons, but not containing a kitchen. A recreational vehicle is deemed not to be a sleeping cabin for the purposes of this By-law.


of 379

11.0 DEFINITIONS


123

11.163 Slip, Boat

Shall be defined as one (1) docking place for a boat.

11.164 Staff Quarters:

Shall mean an accessory building for accommodating only the employees of a tourist resort or private camp and which may contain a kitchen.

11.165 Storage Facility:

Shall mean a covered building or structure used for the storage of chattels, but not for the accommodation of persons.

11.166 Storey:

Shall mean the portion of a building, other than the basement which lies between the surface of the floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling or roof next above it. In the case of a boathouse, the docks are considered to be a floor.

11.167 Straight Line Projection:

Shall mean the straight-line extension or projection of a lot line.

11.168 Street:

Shall mean a travelled public highway or a travelled public road and does not include a lane or a private right-of-way, or unopened road allowance.

11.169 Street Line: Shall mean the dividing line between the lot and a street.

11.170 Structure:

Shall mean anything that is built, constructed or erected of parts joined together or requiring a foundation to hold erect, the use of which requires location on the ground, but shall not include free standing walls, driveways, fences, hedges, or a septic system. For the purposes of this definition, a structure shall include a tennis court, sport court, or propane tank or generator intended to be permanent.

11.171 Sundeck:

Shall mean a non-roofed structure designed for lounging or sunbathing. A sundeck is not part of a dwelling unit.

11.172 Sun Shelter:

Shall mean a freestanding, roofed accessory structure used for the purpose of relaxation in conjunction with a dock, which shall be open on all sides and not screened, glassed or otherwise enclosed on any side.


of 379

11.0 DEFINITIONS


124

11.173 Tavern: Shall mean a building or structure or part thereof which is primarily used for the sale and serving of alcoholic beverages with or without entertainment and may serve food or meals.

11.174 Temporary Building:

Shall mean a building or structure intended for removal or demolition within a prescribed time as set out in the building permit application.

11.175 Temporary Use:

Shall mean the use of land, buildings, or structures for a construction office, tool shed, or for the storage of scaffolds, equipment and materials which is incidental to and necessary for construction work in progress for so long as the same are necessary for the construction work which has neither been finished nor abandoned on the same lot.

11.176 Tent:

Shall mean a temporary structure covered with a canvas or similar lightweight material and supported by poles, stakes, beams, ropes, etc.

11.177 Tent and Trailer Park:

Shall mean a parcel of land used and maintained as an overnight tenting or camping ground where people are temporarily accommodated in tents, travel trailers, cabins, recreational vehicles or other similar facilities, whether or not a fee or charge is paid for the rental thereof, but does not accommodate mobile homes.

11.178 Tool Shed:

Shall mean a building or structure less than 10 m

2 (108 sq. ft.) in floor area for the

purposes of temporarily storing tools and construction materials on an active construction site, or for the permanent storage of garden tools. A tool shed must maintain the setback provisions of the zone in which it is located.

11.179 Tourist Resort:

Shall mean a commercial establishment under one management, which is located on-site, designed and used for the travelling or vacationing public and that has facilities for accommodation and serving meals and drinks and furnishes equipment, supplies or services to persons for recreational purposes. No dwelling unit is permitted within a tourist resort except as accessory to the principal permitted use, by way of living accommodation for the manager or owner of the resort and family, and staff quarters for the staff of the resort, or as specifically permitted by this by-law.

11.180 Township:

Shall mean the Corporation of the Township of Muskoka Lakes.


of 379

11.0 DEFINITIONS


125

11.181 Trailer:

Shall mean any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle and capable of being used for the living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked-up or that its running gear is removed.

11.182 Travel Trailer:

Shall mean a trailer designed and equipped for travel, recreation and vacation uses and for seasonal or temporary occupancy only.

11.183 Tuck Shop:

Shall mean a retail store selling personal supplies, sundries, sports equipment and clothing to visitors to, and employees of, a private camp.

11.184 Veranda:

Shall mean a roofed open structure along one or more sides of a building having the purpose of, or capability of providing for lounging and relaxation.

11.185 Use:

Shall mean when used as a noun, the purpose for which the land or a building or structure or any combination thereof, is designed, arranged, intended, occupied or maintained and “uses” has a corresponding meaning. “Use” when used as a verb, or “to use” has a corresponding meaning.

11.186 Warehouse:

Shall mean any building or structure involved primarily in transportation, storage and shipment of goods.

11.187 Waste Disposal:

Shall mean a facility for the transfer and treatment and disposal of sanitary wastes or other wastes.

11.188 Waste Treatment Facility:

Shall mean an area on the same site as the principle permitted use which is used for the purpose of storing, treating and spraying effluent generated on site in compliance with the relevant regulations of the Ministry of Environment.

11.189 Watercourse:

Shall mean a creek, river and/or drainage ditch.

11.190 Waterfront Landing:

Shall mean the use of land, parking vehicles, and storing boats, which facilitate access by persons to one or more residential properties, to which access is gained by water.


of 379

11.0 DEFINITIONS


126

11.191 Water Service: Shall mean a distribution system of underground piping and related storage, including pumping and purification appurtenances owned and operated by a Public Authority.

11.192 Wayside Pit or Wayside Quarry:

Shall mean a temporary pit or quarry open and used by a Public Authority solely for the purpose of a particular project or contract and road construction and not located on the street.

11.193 Yard:

Shall mean an open, uncovered and unoccupied space between a building or structure and a lot line.

11.194 Yard, Front:

Shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest part of any building or structure on the lot.

11.195 Yard Depth, Front:

Shall mean the least horizontal dimensions between the front lot line of the lot, or the nearest open storage use on the lot.

11.196 Yard, Rear:

Shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot.

11.197 Yard Depth, Rear

Shall mean the least horizontal dimensions between the rear lot line and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot.

11.198 Yard, Required:

Shall mean the minimum yard required by the provisions of this By-law.

11.199 Yard, Side: Shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest part of any building or structure on the lot, or the nearest open storage use on the lot.

11.200 Yard Width, Side:

Shall mean the least horizontal dimension between the side lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot.


of 379

11.0 DEFINITIONS


127

11.201 Yard, Exterior Side: Shall mean a side yard immediately adjoining a public street or an unopened road allowance.

11.202 Yard, Interior Side: Shall mean a side yard other than an exterior side yard.


of 379

12.0 EXEMPTIONS


128

12.0 EXEMPTIONS TO THE BY-LAW This Section outlines exceptions to the permitted uses and provisions of this By-law as it relates to individual properties located throughout the Township. A complete listing of exceptions can be obtained from the Township Office. This section should not be interpreted or construed as granting any other rights than those specifically applying to the individually identified properties. This section is also intended to act as a log of Zoning By-law Amendments, which may be granted by the Township in the future. 12.1564: For those lands described as Part of Lots 32 and 33, Concession 3 (Medora),

Part Lot 88, Plan 1, Parts 1 & 2, Plan 35R-13029, Roll # 5-9-065-01, Council shall only consider a By-law to remove the “Holding – H” provision when:

i) A satisfactory Environmental Impact Study has demonstrated that the proposed development will not negatively impact the features and functions of a wetland located on the subject lands.

12.1565: For those lands described as Part of Lot 30, Concession 5 (Medora), Part 7 and

Part of Part 11, Plan 35R-13687, Council shall only consider a By-law to remove the “Holding-H” provision when:

i) Municipal water and sanitary sewer services are available to service the

properties; i) A Development Agreement is entered into with the municipality; and, ii) To encourage high quality urban design for commercial and residential

development such as improved streetscape, massing of buildings, internal traffic patterns, integration with surrounding, existing, and proposed commercial and residential development, satisfactory urban design guidelines will be required for development on these properties.

iii) Notwithstanding the above, minor additions to existing dwelling units and accessory structures not exceeding 25% of the floor area of the buildings and structures shall be permitted, in accordance with Community Residential (R2) zone provisions.

12.1566: For those lands located within the Resort Village designation of the Official Plan

and subject to a Holding (–H) zone on Schedule 60, Council shall only consider a By-law to remove the “Holding-H” provision when:

i) To ensure the orderly development of lands, development shall not be

permitted until municipal water and sanitary sewer services are available to service the Resort Village;

ii) That a Development Agreement be entered into with the municipality; and,

iii) A successful Zoning By-law Amendment Application rezoning the subject property in conformity with Official Plan policies.

12.1567: For those lands described as Part Lot 23, Concession 8, former Township of Wood

(Clear Lake Village Resort), more particularly described as Parts 1 and 4, Plan 35R-5955, the maximum permitted number of accommodation units, housekeeping units, and tourist resort units shall be limited to 20. No additional docks or boathouses are permitted. No additional units shall be constructed prior to the provision of a pool to serve as an amenity on the subject lands.


of 379

12.0 EXEMPTIONS


129

12.1585: Despite the provisions of Section 4.2.3 of By-law 2014-14, as amended, for those lands

described as Part of Lots 11 and 12, Concession G, in the former Township of Medora, now in the Township of Muskoka Lakes, (Bala Woodlands), Roll No. 6-12-036, boardwalks and sundecks shall be permitted to be located within the front yard, as shown in the location and extent of Exhibit 19 to OMB Order/Decision No. 0352.

12.1600 All lands located within 120 metres (394 feet) of a Provincially Significant Wetland, as

defined by the EP1-PSW zone on the Schedules to this By-law, are subject to a holding provision in accordance with Section 36(1) of the Planning Act, RSO, 1990, as amended. No building or structure shall be erected and no site alteration shall occur within 120 metres (394 feet) of a Provincially Significant Wetland unless the holding provision is removed. Removal of the holding provision will require the preparation of an Environmental Impact Study to the satisfaction of the appropriate approval authority, which demonstrates that there will be no negative impacts on the natural features or ecological functions for which the area is defined.

Notwithstanding the provisions of this By-law to the contrary, on lands identified with a

(-1600) exception number, the following provisions shall apply:

i) The replacement, alteration and reconstruction of legal non-conforming buildings and structures in accordance with Section 3.3;

ii) The replacement, alteration, reconstruction and expansion of legal existing buildings or structures permitted in that zone, provided that any addition does not comprise more than 50% of the gross floor area of the building or structure that existed on the date of the passage of this Zoning By-law; or

iii) The construction of new structures up to 50m² (538 ft.²) gross floor area which are accessory to a legally permitted use.

12.1604 Despite the provisions of Sections 3.4.1.e and 3.42 of By-law 2014-14, as amended, for

those lands described as Part of Lot 13, Concession B, in the former Town of Bala, now in the Township of Muskoka Lakes, (Gaines), more particularly described as Lot 264, Plan 1, Lot 264A, Plan 4, Roll No. 7-9-021, development as a singular lot only, is permitted to be serviced solely by a municipal water system and the minimum lot frontage requirement shall be the lot frontage that exists on the date of passing of this by-law.


of 379

13.0 ENACTMENT


130

13.0

ENACTMENT

Schedules “1” to “62” and all other notations thereon are hereby declared to form part of this By-law. This By-law shall come into force and take effect upon being passed by Council subject to any approval necessary pursuant to the Planning Act R.S.O. 1990, as amended.

This By-law read a first time this ______ day of ________________, 2014. This By-law read a second time this ______ day of ________________, 2014. This By-law read a third time and finally passed this ______ day of ___________, 2014.

Mayor, Alice Murphy

Clerk, Cheryl Mortimer


of 379

APPENDIX 1


131

APPENDIX 1 – METRIC CONVERSIONS

DISTANCE

Metric (m) Imperial (ft.) 0.9 m 3 ft. 2.7 m 9 ft. 4.6 m 15 ft. 4.9 m 16 ft. 6.1 m 20 ft. 7.6 m 25 ft. 9.1 m 30 ft. 10.7 m 35 ft. 12.2 m 40 ft. 13.7 m 45 ft. 15.2 m 50 ft. 20.1 m 66 ft.

22.9 m 75 ft.

30.5 m 100 ft. 61 m 200 ft. 91.4 m 300 ft. 121.9 m 400 ft. 152.4 m 500 ft. 201.2 m 660 ft.

AREA Metric Imperial 9.3 m2 100 ft.2 13.9 m2 150 ft.2 18.6 m2 200 ft.2 23.2 250 ft.2 27.9 m2 300 ft.2 37.2 m2 400 ft.2 46.5 m2 500 ft.2 60.4 m2 650 ft.2 69.7 m2 750 ft.2 74.3 m2 800 ft.2 100 m2 1076 ft.2 0.4 hectares 1.0 acres 0.6 hectares 1.5 acres 0.8 hectares 2 acres 1.0 hectares 2.5 acres 1.2 hectares 3.0 acres 1.6 hectares 4.0 acres 2.0 hectares 5.0 acres 4.0 hectares 10.0 acres 8.1 hectares 20 acres 40.5 hectares 100 acres


of 379

APPENDIX 2 – ILLUSTRATIVE DIAGRAMS


131


of 379

APPENDIX 3 – INACTIVE LANDFILL LOCATIONS


131

Municipal Address Legal Description

169 Medora Ward Lot 16 Conc. 1

1391 Highway 118 Watt Ward Lot 31 Conc. 4

Muskoka Road 25 West Watt Ward Lot 22 Conc. 7

Highway 4 Watt Ward Lot 25 Conc. 8

Buck Eye Road Medora Ward Lot 3 Conc. 10

Small road off Highway 7 Medora Ward Lot 16 Conc. 12

Rosseau Lake Road 3 Watt Ward Lot 32 Conc. 14

N/A Watt Ward Lot 28 Conc. 8


of 379

THE CORPORATION OF THE TOWNSHIP OF

MUSKOKA LAKES

COMPREHENSIVE ZONING BY-LAW 2014-14

Draftft. 1 – October 2013

Revised February 2014

Draftft. 2 – AugustJuly 2014

Draft 3 – September 2014

Draft 4 – September 17, 2014

Draft 5 – November 7, 2014


of 379

EXPLANATORY NOTE By-law 2014-14 is a Comprehensive Zoning By-law (Zoning By-law) for the Township of Muskoka Lakes. Theise pagesexplanatory note explains the purpose of this Zoning By-law and how it should be

used. These pages do not form part of the Zoning By-law passed by Council and are intended only to make the Zoning By-law more understandable and easier to reference.use. By-law 2014-14 is a Comprehensive Zoning By-law for the Township of Muskoka Lakes. Purpose of this Zoning By-law The purpose of the Zoning This By-law is to implements the policies of the Official Plan for the District of Muskoka and the Official Plan for the Township of Muskoka Lakes. The District and Township Official Plans both contain general policies that affect the use of land throughout the Township. These policies specificy where certain land usesuses are permitted and, in some instances, specify what regulations should apply to the development of certain lands. By-law 2014-14 regulates the use of all land and buildings in the Township. The By-law authorizes the uses set out in the text and the schedules and prohibits the use of land or the erection or use of buildings not specifically authorized. The District and Township Official Plans are general documents that are not intended to regulate every aspect of the built-form on a private lot. In the Province of Ontario, this is the role of the Zoning By-law. The statutory authority to zone land is granted by the Ontario Planning Act. The Planning Act specifies what a By-law can regulate. A Zoning By-law can:

• Prohibit the use of land or buildings for any use that is not specifically permitted in the By-law;

• Prohibit the erection or siting of buildings and structures on a lot except in locations permitted by the By-law;

• Regulate the type of construction and the heightheight, bulk, location, size, floor areafloor area, spacing and use of buildings or structures;

• Regulate the minimum frontage and depth for a parcel of land;

• Regulate the proportion of any lot, a building or structure may occupy;

• Regulate the minimum elevation of doors, windows or other openings in buildings or structures;

• Require parking and loading facilities be provided and maintained for a purpose permitted by the By-law; and

• Prohibit the use of lands and the erection of buildings or structures on land that is: - subject to flooding - the site of steep slopes - rocky, low-lying, marshy or unstable; - contaminated; - a sensitive groundwater recharge area or head water area; - the location of a sensitive aquifer; - a significant wildlife habitat area, wetland, woodland, ravine, valley or area of

natural and scientific interest; - a significant corridor or shoreline of a lake, river or stream; or,


of 379

- the site of a significant archaeological resource.

How to Use This By-law

In order to reference this By-law most easily, a property owner should follow each of the steps listed below to determine what permissions apply to their particular property.

Locate the Property on a Mapon the Zone MapsSchedules

The first step to using this By-law is to refer to the zone maps (schedules) (maps) that are contained available in hard copy at the Township Office or can be viewed electronically on the Township’s website. These schedulesmaps (schedules) will indicate the zone category in which a particular property is located. The zone category is indicated on the schedules by a symbol or abbreviation. For example, you may see the boundary of the property you wish to obtain information on, with a WC2R1 abbreviation on it. This indicates that the property is within the ‘MarineWaterfront CommercialResidential’ zone. To obtain the specific requirements of that zone you would reference Section 4.0 – Waterfront Zones of the By-law.

If you are unsure of the property boundaries or if the applicable zone symbol, is located in proximity to your property but not within the property boundary, consult the Township’s Planning Department for further clarification.

By-law Amendments

A Zoning By-law is not a static document; it is amended over time as demands and policies governing land use change. Before proceeding any further, you should verify that your property is not the subject of an earlier Zoning By-law amendment. While the Township aims to make regular consolidations to the By-law, more recent amendments may not be included in the version you are viewing. The Township’s Planning Department will be able to assist you to confirm if your property has been subject to a more recent By-law amendment.

Zone Provisions

The next step to using this By-law is to determine what usesuses are permitted on your property. Sections 4 to 10 of the By-law identify the permitted uses and zone standards for each zone in the Municipality.

Section 11.0 can assist you if you are not sure what a permitted use entails or how it has been defined by the Township. All words found in italics within the By-law have been defined within Section 11.0, except those directly located in the tables of this document which are not italicized.. If a word is not italicized, it is not specifically defined. Uses which are not listed as permitted uses within a particular zone are not permitted in that zone.

Once you have identified the permitted uses within your zone you can further review Section 4 to 10 to determine the zone standards and provisions applicable to your property. Zone standards include standards for minimum lot arealot area, minimum yard requirements, maximum lot coverage for buildings, etc. To develop or redevelop the property, you will be required to meet these standards. If you cannot meet these standards the Township’s Planning Department will be able to assist you in establishing the best course of action to move forward with your plans for the property.

General Provisions

In addition to the specific standards of the zone on your property, Section 3.0 of the By-law also contains General Provisions that apply to all properties in all zones in the Township. Consult this section to understand provisions that relate to accessory structures regardless of which zone they are located within in the Township. This Section will also provide you with the required parking and loading spaces required on a site, based on use.

Exemptions, Holding Zones and Temporary Uses


of 379

If the zone symbol for your property contains a special suffix (i.e. –H or -T) this indicates that the property is subject to additional provisions known either as a Holding provision or Temporary Use. The requirements associated with these zones should be discussed with Township Planning Staff. If the zone symbol for your property contains a special number suffix (i.e. WC87-123) this indicates that the property is subject to site-specific regulations which must be obtained from Township Planning Staff. Section 12 contains exemptions to the by-law and is contained under separate cover and is available at the Township office.

What happens if you can’t meet the By-law’s requirements?

Sometimes it is not possible to meet all of the By-law’s requirements and therefore a permit or approval cannot be issued. You are encouraged to discuss your options with Township Planning Staff to determine if revised plans can accommodate your needs, or if an application for a Minor Variance or Zoning By-law Amendment should be submitted. All measurements in this By-law are shown in metric and imperial. Metric measurements shall prevail. in metric.


of 379

* THE TOWNSHIP OF MUSKOKA LAKES By-law No. 2014-14

BEINGeing a regulatory By-law to implement the policies of the Official Plan for the Corporation of the Township of Muskoka Lakes and govern land use. WHEREAS the Council of the Corporation of the Township of Muskoka Lakes deems it in the public interest to prohibit and regulate the use of land, buildings and structures. AND WHEREAS pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990, c.P. 13 as amended, By-laws may be enacted and amended by Councils of Municipalities; NOW THEREFORE the Council of the Corporation of the Township of Muskoka Lakes enacts as follows: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES ENACTS AS FOLLOWS:


of 379

TABLE OF CONTENTS


6

TABLE OF CONTENTS

SECTION 1 INTRODUCTION

1.1 Title 189 1.2 Components 189 1.3 Application 189 1.4 Scope 918 1.5 Repeal of Existing By-laws 198 1.6 Validity 198 1.7 Effective Date 198 1.8 Components of the By-law 2109 1.9 Schedules 2109 1.10 Zones 2109

1.111 Public AcquisitionBoundary Interpretation 2110 1.12

Public Acquisition

3

SECTION 2 INTERPRETATION AND ADMINISTRATION

2.1 Use of Zone Symbols 6121 2.2 Application of Zones 6121 2.3 2.4 2.5 2.6 2.7

Discrepancies Boundary Interpretation Interpretation of Words Interpretation of Provisions Interpretation of Numbers

6121 121 121 132 132

2.8 Holding Provision Symbols 7132 2.9 Relationship with Oother By-laws 7132 2.10 General Interpretation and Application 7132 2.11 Zones Abutting Water 8143 2.12 Official Plan Requirements 8143 2.13 Minor Variances to Former By-laws 8143 2.14 Illustrative Diagrams 8143

SECTION 3 GENERAL PROVISIONS

3.1 Application and ScopePublic Uses 91415 3.2 Non-Complying Lots, Buildings and Structures 91415 3.3 Non-Conforming Uses, Buildings and Structures 101516 3.4 Lots of Record 11176 3.5 Accessory Buildings and Structures 12187

3.6 Accessory Structures Over Water 13 3.76 Building Interior Design 1819 3.87 Frontage or Public Street or Navigable Waterway 198 3.98 Frontage on an Original Shore Road Allowance 2019

3.109 Reduction of a Lot Area 2019


of 379

TABLE OF CONTENTS


7

3.1110 Greater Restriction 2019 3.1211 Height Exceptions 2019 3.1312 Prohibited Habitation 202019 3.1413 Home Based Business 200 3.1514 Right-of-Way/Lane as a Yard 210 3.1615 Change in Use or Location 211 3.1716 Abandoned Equipment and Motor Vehicles Without Current License

Plates 221

3.1817 Automobile Service Stations 221 3.1918 Landscaped Buffers 221 3.2019 Dwelling Unit in a Non-Residential Building 222 3.2120 Reduction of Requirements 232 3.2221 Sight Triangle 232 3.2322 Signs 232 3.2423 Setback From Streets and High Water MarkUnopened Road Allowances 232 3.2524 Setbacks from Municipal Sewage and Water Facilities 23232 3.2625 Yard Encroachments 243 3.2726 Recreational VehiclesRecreational Vehicles 2324 3.2827 Mobile Homes and Mobile Units 244 3.2928 Parking Requirements 254 3.3029 Parking Loading Areas 298 3.3130 Prohibited Uses in All ZonesPermitted Uses in All Zones 3029 3.32 Prohibited Uses in All Zones 29

3.3331 Permitted Uses in All ZonesMore than one Zone on a Lot 302930 3.3432 More than one Zone on a LotOne Dwelling/One Lot 302930 3.3533 One Dwelling / One LotMaximum Habitable Floor Area for a Dwelling 302930 3.36 Maximum Three Habitable Buildings per Lot 30

3.3734 Maximum Habitable Floor Area for a DwellingBuildable Area 302931 3.3835 Buildable AreaGroup Homes 302931 3.3936 Calculating Gross Floor AreaGroup Homes 3031 3.4037 Calculating Gross Floor AreaCommercial Operations on More than One

Lot 313031

3.4138 Exemptions to the By-lawCommercial Operations on More than One Lot 313031 3.4239 Exemptions to the By-lawLots of Two of More Land Parcels 313031 3.43 Transitional Provision 31

3.4440 Lots of Two or More Land ParcelsServices in Communities 313031 3.45 Illegal Structures Constructed Prior to Passage of By-law 32

3.4641 Services in Resort Village of MinettLands Adjacent to Land Zoned Rural Industrial (RuM3)

323032

3.42 Services in Communities 32 3.47 Setbacks from Rail Lines 32 3.48 Holding Provisions 32

3.423 Lands Adjacent to Land Zoned Rural Industrial (RuM3) and Landfill Sites 32 3.443 Illegal Structures Constructed Prior to Passage of By-law 32

SECTION 4 WATERFRONT ZONES

4.1 Waterfront Residential Zones 353332 4.2 Waterfront Commercial Zones 394641 4.3 Waterfront Landing Zones 475650

SECTION 5 COMMUNITY ZONES

5.1 Community Residential Zones 49593 5.2 Community Commercial Zones 566962


of 379

TABLE OF CONTENTS


8

5.3 Community Industrial Zones 627769

SECTION 6 RURAL ZONES

6.1 Rural Zones 657280 6.2 Rural Commercial Zones 708577 6.3 Rural Industrial Zones 759082

SECTION 7 INSTITUTIONAL ZONES

7.1 Institutional Zone 789385

SECTION 8 ENVIRONMENTAL PROTECTION ZONES

8.1 Environmental Protection Zone 809688


of 379

TABLE OF CONTENTS


9

SECTION 9 OPEN SPACE ZONES

9.1 Waterbody Open Space Zone: Lands Under Water 819789 9.2 Open Space Zones 82980

SECTION 10 GENERAL RESTRICTED ZONE

10.1 General Restricted Zone 8510294

SECTION 11 DEFINITIONS 8610395

SECTION 12 EXEMPTIONS 128119

SECTION 13 ENACTMENT 11013020

APPENDIX 1 METRIC CONVERSION TABLE 11113121

APPENDIX 2 ILLUSTRATIVE DIAGRAMS 11213222

APPENDIX 3 INACTIVE LANDFILL LOCATIONS 135


of 379

1.0 INTRODUCTION


10

1.1 TITLE This By-law shall be cited as the “TownshipTownship of Muskoka Lakes Zoning By-law

2014-14”, and applies to all lands and lands under water within the Corporation of the Township of Muskoka Lakes, herein after referred to as the ‘By-law’.

1.2 COMPONENTS

This By-law consists of all textual components and schedules contained herein. Appendix 1 –

Metric Conversions and Appendix 2 – DiagramsThe appendices, are not considered part of this document.

1.3 APPLICATION

The provisions of this By-law shall apply to all lands including islands within the boundaries

of the TownshipTownship of Muskoka Lakes (herein aftft.er referred to as ‘the TownshipTownship’).

Where a Zone on the Schedules abuts a waterway or Original Shore Road Allowanceoriginal shore road allowance, such Zone shall be deemed to extend to the high water markk . No building or structurestructure shall be erected, altered or usedused, and the use of any building, structure or lot shall not be changed, in whole or in part, except in conformity with the provisions of this By-law.

The provisions of this By-law may not apply to Crown Land. However, this By-law reflects the established planning policies of the Township and it is intended that the Crown shall have regard for the provisions of this By-law.

1.4 SCOPE

No lands shall be usedused and no buildings or structures shall be erected, altered,

enlarged and no changes may be made to the use of any buildings or structures or lands within the TownshipTownship except in conformity with the provisions of this By-law. Uses not listed as permitted or otherwise provided for in this By-law shall be prohibited. In the event of any inconsistency or conflict between two or more provisions in this By-law, the more restrictive provision shall prevail.

1.5 REPEAL OF EXISTING BY-LAWS

From the date of the coming into force of this By-law, all previous By-laws passed under

Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, or predecessor thereof, shall be deemed to have been repealed except for those specifically preserved in Section 12 or by General Provision 3.38940.

1.6 VALIDITY

Every provision of this By-law is declared to be severable from the remainder of this By-law

and, if any provision of this By-law shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity, effectiveness, or enforceability of the remainder thereof.

1.7 EFFECTIVE DATE

This By-law shall come into force and take effect on the day it is passed by Council subject


of 379

1.0 INTRODUCTION


11

to any approval necessary pursuant to the Planning Act, R.S.O. 1990, c.P.13 as amended from time to time.


of 379

1.0 INTRODUCTION


12

1.8 COMPONENTS OF THE BY-LAW

Section 1: Introduction Section 2: Administration and Interpretation Section 3: General Provisions Section 4: Waterfront Section 5: Community Section 6: Rural Section 7: Institutional Section 8: Environmental Protection Section 9: Open Space Section 10: General Restricted Section 11: Definitions Section 12: Exemptions Section 13: Enactment Appendix 1: Metric Conversions Table Appendix 2: Illustrations Appendix 3: Inactive Landfill Locations Table 1: Lake Classification Table (Located within Section 4.0)

1.9 SCHEDULES Schedules “1” to “62” contained under separate cover are hereby declared to form part of

this By-law. 1.10 ZONES

For the purpose of this By-law the following zone symbols are usedused and the location of

such zones are established on Schedules “1” to “62” (Zoning Maps) and the land shown is zoned accordingly.

WATERFRONT COMMUNITY RURAL

Rural --- --- Ru1, Ru2, Ru3, RuSp, RuSA

Residential WR1, WR2, WR3, WR4, WR5, WR6, WR7, WR8

R1, R2, R3, R4, RM1, RM2

RuR, Ru4, RuRH

Commercial WC, WC1, WC1A1, WC1A2, WC1A3, WC1A4, WC1B, WC1B1, WC2, WC3, WC4, WC5, WC6, WC7, WC4A.5, WC4A1, WC4A1.5, WC4A2, WC4B, WC4B1

C1A, C1B, C1C, C1CA, C1D, C1DA, C2, C3, C4, C5

RuC1, RuC2, RuC2B, RuC3, RuC4, RuC5, RuC6

Waterfront Landing

WL --- ---

Industrial --- M1, M2, M3 RuM1, RuM2, RuM3, RuM4

Institutional I

Environmental Protection

EP1, EP1-PSW, EP2

Open Space WOS, OS1, OS2, OS3, OS4

General Restricted

GR


of 379

1.0 INTRODUCTION


13

1.1211 PUBLIC ACQUISITION

No lot contravenes any provision of this By-law by reason of the fact that any part of the lot

has been conveyed to or acquired from any public authority.


of 379

2.0 INTERPRETATION AND ADMINISTRATION3.0 GENERAL PROVISIONS


14

a)

b)

2.1 USE OF ZONE SYMBOLS The symbols listed in subsection 1.10 may precede the word “Zone” (i.e. WR Zone) in

place of the “Zone Name” and shall have the same meaning. The symbols, when usedused within the Schedules of this By-law, shall refer to the Zone in which the lands are situated and the provisions of such Zone shall apply.

2.2 APPLICATION OF ZONES No personperson within any Zones defined in this By-law and delineated on the Zoning

Schedules attached hereto, shall use any lands, buildings or structurestructuress, or erect, alteralter, enlarge or make changes to any buildings or structurestructures or to the use of any buildings or structurestructuress or lands except in conformity compliance with the provisions of this By-law.

2.3 DISCREPANCIES In the event that there is a discrepancy between regulations in the “General Provisions”

of this By-law and a specific Zone, the most restrictive provisions shall apply., except where specifically stated otherwise.

2.4 BOUNDARY INTERPRETATION Where any uncertainty exists as to the location of any boundary of any zone, the following

applies: a. Where the boundary is shown as following a street, lane, railway, right-of-way, water

course, or electrical transmission line then the zone boundary is the centre line of such;

b. Where the boundary is shown as substantially following the lot lines on a registered

plan of subdivision or a reference plan, then the zone boundary isis the lot lines; c. Where the boundary is shown as substantially following the shoreline of a

watercoursewatercourse or waterbody or Original Shore Road Allowanceoriginal shore road allowance, the zone boundary is the high water mark; and

d. Where uncertainty exists as to the boundary of any zone then the boundary of such

zone shall be determined in accordance with the scale on the applicable Schedule at the original size.

2.5 INTERPRETATION OF WORDS

For the purposes of this By-law:

a. words usedused in the present tense include the future;


of 379



15

b. words in singular number include the plural, and words in the plural include the

singular number;

b.c. the word “shall” is mandatory;

d. the words “usedused” and “occupied” mean “designed to be usedused” or “designed to be occupied”;

c.e. the words indicated in italics are defined in Section 11 “Definitions”; and

d.f. where a word or a phrase is usedused in an amending by-law, and that word or phrase is defined in Section 11 of this By-law, and that word or phrase does not appear in italic letters in that amending by-law, then that word or phrase shall nevertheless be considered a reference to the defined word or phrase contained in Section 11 of this By-law, unless the context of the amended by-law clearly and obviously requires otherwise.

2.6 INTERPRETATION OF PROVISIONS

INTERPRETATION OF PROVISIONS The provisions and regulations of this By-law are the minimum requirements except where

the word “maximum” is usedused, in which case the provisions and regulations are the maximum permissible.

2.7 INTERPRETATION OF NUMBERS

Where any numbers or values are specified in this by-law, such quantities shall be considered to no more than one decimal place. During measurement of any lot, building, or structure, if the number or value at one decimal place is followed by 5, 6, 7, 8, or 9, round the number up. If the number or value at one decimal place is followed by 0, 1, 2, 3, or 4, round the number down.

All measurements in this by-law are shown in metric and the imperial equivalent is in

brackets following. The metric measurement shall prevail and the imperial measurement is for reference only.

2.8 HOLDING PROVISION SYMBOLS Where a Zone symbol applying to certain lands on the Schedules is followed by a dash and

the letter “(H)” in brackets, the lands shall be placed in a “Holding Zone” pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended. The Holding Symbol “/H” shall be removed according to the provisions of the Official Plan and the provisions of this By-law and the amendments hereto. When the Holding Symbol has been removed, the lands shall be developed according to the requirements of the zone usedused in conjunction with the Holding Symbol. Until the “H” is removed, no personperson shall use those lands except in compliance with the provisions of the applicable zone for usesuses existing on the date of passing of this By-law or amendment thereto, except as may otherwise be provided for on specific properties by special zone or general provisions contained in this By-law.


of 379



16

a. b. c. d. 2.9 RELATIONSHIP WITH OTHER BY-LAWS Nothing in this By-law shall operate to relieve any personperson from the requirements of

the Building Code or any By-law or requirements of the TownshipTownship in force from time to time, or the obligation to obtain any license, permit, authority, or approval required under any By-law or law of the Municipality Township or other government authority. Any use established in violation of a predecessor of this By-law will be deemed to have been established unlawfully., unless permitted.

2.10 GENERAL INTERPRETATION AND APPLICATION a) In their interpretation and application, the provisions of this By-law shall be held to be

the minimum requirements adopted for the promotion of the public health, safety, convenience, or general welfare. Whenever the requirements of this By-law are at variance with the requirements of any other By-law, the most restrictive, or the By-law imposing the higher standards shall govern and apply. Nothing in this By-law shall be construed to exempt any standards that govern and apply. Nothing in this By-law shall be construed to exempt any personperson from complying with the requirements of any By-law of the TownshipTownship or from any law of the Province of Ontario or of Canada.

b) In the event that an obvious grammatical or graphical error has been made in the

preparation of this By-law, the Administrator of this By-law may interpret the intent of this By-law in a reasonable manner without amendment to this By-law.

2.11 ZONES ABUTTING WATER

Where any zone abuts an Environmental Protection (EP2) Zone or a Waterbody Open

Space (WOS) Zone, the provision of the abutting zone must be read in conjunction with the provisions of the EP2 or WOS Zone. Notwithstanding the other provisions of the abutting zones, the provisions of the EP2 or WOS Zone take precedence.

2.12 OFFICIAL PLAN REQUIREMENTS Compliance with the Zoning By-law requirements does not exempt an individual from

further requirements of the Official Plan (e.g. water quality impact assessment, site plan approval).

2.13 MINOR VARIANCES TO FORMER BY-LAWS

Where the Committee of Adjustment of the TownshipTownship of Muskoka Lakes has

authorized a minor variance from the provisions of By-law 87-87, in respect of any land, building or structure and the decision of the Committee of Adjustment of the


of 379



17

TownshipTownship of Muskoka Lakes or the Ontario Municipal Board authorizing such minor variance has become final and binding prior to the enactment of this By-law, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such minor variance.

2.14 ILLUSTRATIVE DIAGRAMS Illustrative diagrams included in Appendix 2 provide a visual representation of some of the

concepts utilized in this By-law. These diagrams do not form part of this By-law.


of 379

2.0 ADMINISTRATION AND INTERPRETATION 3.0 GENERAL PROVISIONS


18


of 379



19

3.1 APPLICATION AND SCOPEPUBLIC USEPUBLIC USES Nothing in this By-law affects the erection, alteration, or use of any building or

structure or the use of any lot by a public authority for a public use, other than as a group home..

3.2 NON-COMPLYINGNON-COMPLYING LOTS, BUILDINGS AND

STRUCTURESTRUCTURESS a) Application The extension or reconstruction of a dwelling unit or sleeping cabin is not permitted

on a lot where: a. only one (1) dwelling unit is permitted and more than one (1) dwelling unit

exists, or, b. only one (1) sleeping cabin is permitted and more than one (1) sleeping

cabin exists, or, c. a sleeping cabin exists and there is more than one (1) dwelling unit on the

lot. b) Exterior Extension, Undersized Lot A building or structure which, on the date this By-law was passed, conformed with

all provisions of this By-law but was located on a lot which does not comply with the minimum frontage and/or area requirement for the Zone within which it is located, may be enlarged, extended, reconstructed or otherwise structurally altered, if the building or structure and use will continue to comply with all other requirements of this By-law.

c) Exterior Extension, Required YardYards A building or structure which, on the date this By-law was passed conformed with all

provisions of this By-law except for the provisions establishing the minimum yardyard requirements for the zone within which it is located may be enlarged, extended, reconstructed or otherwise structurally altered if the enlargement, extension, reconstructionreconstruction or structural alteralterationation complies with all of the requirements of this By-law.

d) Second Storey Additions to Structures on a Lot where the maximum Lot Coverage

is exceeded A building or structure on a lot, where the maximum lot coverage is already

exceeded, may be added to, by way of a second storey, provided the cumulative floor area of all second storeys does not exceed the amount of the maximum lot coverage.

e) Restoration To Safe Condition Nothing in this By-law shall prevent the strengthening or restoration to a safe

condition of any building or structure or part thereof, lawfully usedused on the date of passing of this By-law, provided that the strengthening or restoration does not increase the building height, size or volume, building dimensions other than as provided in Section 3.2.h), change the location, or change the use of such building or structure.


of 379



20

f) ReconstructionReconstruction of Damaged Existing Non-Complying Buildings or

Structures Nothing in this By-law shall prevent the repair, replacement or

reconstructionreconstruction of any lawful non-complying building or structure which is damaged by causes beyond the control of the owner (including fire) provided that:

i) The building or structure as repaired, replaced or reconstructed is in the same location and has the equivalent or reduced dimensions (and there is no increase in floor area) as the damaged building or structure;

ii) The application for a building permit to reconstruct, repair or replace the building or structure is submitted within one two years of the date upon which the non-complying building or structure was damaged; and

iii) The reconstructionreconstruction, repair or replacement of the building of structure is commenced within twothree yearss of the date upon which the non-complying building or structure was damaged.

g) Interior AlterAlterationation The interior of any building or structure which was lawfully usedused for a use

permitted in the By-law but does not comply with all requirements of the By-law, may be reconstructed or structurally altered, in order to render the same more convenient or commodious for the existing purpose for which such building or structure was lawfully usedused on the date the By-law was passed.

h) Increase In VolumeHeightHeight Where a building or structure which, on the date this By-law was passed was legal

non-complying, the height can be increased provided there is no increase in floor area and all other requirements of the By-law are complied with.

i) Additions to Shoreline Structures Exceeding Maximum Cumulative Width Where docks or boathouses are legal non-complying due to the requirements of the

maximum cumulative width of docks and boathouses, additions are permitted provided the cumulative width permitted is not exceeded by the addition and all other requirements of the By-law are complied with.

3.3 NON-CONFORMINGNON-CONFORMING USES, BUILDINGS AND STRUCTURES a) Existing Uses, Buildings, and Structures The provisions of this By-law shall not apply to prevent the use of any existing lot,

building, or structure for any purpose prohibited in this By-law if such existing lot, building or structure was lawfully usedused for such purposes, on the date this By-law was passed and continues to be usedused for that purpose.

b) Exterior Extension The exterior of any building or structure which was lawfully usedused prior to the

passage of this By-law for a use not permitted within the zone in which it was located, shall not be enlarged or extended, reconstructed or otherwise structurally altered, unless such building or structure is thereaftft.er to be used for a use


of 379



21

permitted within such zone, and complies with all requirements of this By-law for such zone.

c) Interior AlterAlterationation The interior of any building or structure which was lawfully used for a use not

permitted in the zone in which it is located, may be reconstructed or structurally altered, in order to render the same more convenient or commodious for the existing purpose for which such building or structure was lawfully used on the date this By-law was passed.

d) RestorationRestoration to a Safe Condition Nothing in this By-law shall prevent the strengthening or restorationrestoration to a

safe condition of any existing building or structure or part thereof used for a non-conforming use, provided that the strengthening or restorationrestoration does not increase the building height, size or volume or change the existing lawful use of such existing building or structure.

e) ReconstructionReconstruction of Damaged Existing Non-Conforming Buildings or

Structures Nothing in this By-law shall prevent the repair, replacement or

reconstructionreconstruction of any building or structure used for a non-conforming use, which is damaged by causes beyond the control of the Owner (including fire) provided that:

i) The building or structure as repaired, replaced or reconstructed has

the equivalent or reduced dimensions (and there is no increase in floor area) as the damaged building or structure;

ii) The application for a building permit to reconstruct, repair or replace the building or structure is submitted within one two years of the date upon which the damaged building or structure was damaged; and,

iii) The reconstructionreconstruction, repair or replacement of the building or structure is commenced within two three years of the date upon which the damaged building or structure was damaged.

3.4 LOTS OF RECORD

3.4.1 Existing Undersized Lots of Record

Where a lot, having a lesser lot frontage or lot area than is required by this By-law, and is:

a. held under distinct and separate ownership from abutting lots, on or before

the passing of this By-law, as evidenced by the records of the Land Registry OfficeOffice; or,

b. is a lot or block on a registered plan of subdivision; or, c. is created as a result of expropriation or highway widening or other land

acquisition by any authority having such statutory powers; or, d. is a lot created by consent under the Planning Act, or its predecessor,


of 379



22

aftft.er March 31, 1979; and, e. has a WR1, WR2, WR4, WR5, WR6, WR7, WR8, R2, R3, Ru1, Ru2, Ru3,

RuR, or RuRH Zone, whether or not proceeded by a -7 and /or –R suffix, and has a lot frontage not less than 30.5 metresm (100 ft.) and a lot area not less than 1393.5 square metresm² (15,000 ft.²); or,

f. has a WR3 Zone, or any other WR zone listed in Section 3.4.1.e, on an

island in excess of 0.8 hectares (2.0 acres), and has a lot frontage of not less than 30.5 metresm (100 ft.) and a lot area not less than 1393.5m² square metres (15,000 ft.²); or,..

g. has a WR4 Zone and has a lot frontage of not less than 15.2 m (50 ft.) and

a lot area of not less than 557.4m² (6000 ft.²). Such lot shall be deemed to conform with the lot frontage and lot area requirements

of this By-law.


of 379



23

3.4.2 Enlargement of Existing Lots a. Where a lot meets the criteria set out in Section 3.4.1, or has been granted

an exemption or Minor Variance to this By-law for lot size, or is zoned Waterfront Commercial – MarinaMarina (WC2) or Community Commercial – MarinaMarina (C2), and lands are added to that lot, the resulting lot is deemed to meet the criteria in Section 3.4.1.

b. where a lot does not meet the criteria set out in Section 3.4.1, but through a

lot addition the resulting lot exceeds the criteria set out in Section 3.4.1, the resultant lot is deemed to meet the criteria in Section 3.4.1.

3.5 ACCESSORY BUILDINGS AND STRUCTURES 3.5.1 Construction Sequence No Accessory Building or Structure shall be erected prior to the establishment of

the main building, structure or use with the exception of the following; a. A dock, single storey boathouse and inclinator on a lot accessible only by

water; and b. A tool shedtool shed not exceeding 10m² (108 ft.²) in total floor areafloor

area;

3.5.2 Use of Accessory Buildings Where this By-law provides that land may be used or a building or structure may

be erected or used for a purpose, that purpose shall include any accessory useAccessory Use, but shall not include the following:

a. an occupation for gain or profit, except as this By-law specifically permits; b. any building or structure used for human habitation or as a habitable room

except as this By-law specifically permits. 3.5.3 Location and Size Except as may be provided elsewhere in this By-law, any accessory building or

structure, which is not part of the main building shall not be erected unless the accessory building or structure:

complies with the required yards of the zone in which it is located; does not exceed the applicable lot coverage permitted; and


of 379



24

is erected on a lot which complies with the provisions of Section 3.8.


of 379



25

3.5.43 Temporary Accessory Buildings and Structures Where a consent under Section 53 of the Planning ActPlanning act results in the

creation of a lot upon which an accessory building or structure is located before a main building, structure or use has been established, such accessory building or structure, shall be allowed to continue provided that the application to construct the main building or structure is submitted within two (2) years of the date of conveyance of the land, and the construction of the main building or structure is completed or the use has been established within three (3) years of the date of conveyance of the land.

3.5.54 Gazebo No personperson shall erect or use a gazebo, which exceeds 23.2 3 square

metresm² (250 ft.²) in floor area.


of 379



26

3.6 BUILDING INTERIOR DESIGN Where an application is made to construct an addition to a building; to join two or more existing

buildings together; construct/reconstruct a building containing a hallway of which the walls are also exterior walls; or to join two living areas is proposed; the result will be considered as two or more buildings for the purpose of this By-law unless:

a. the new construction of the building being moved, which is to be added to the existing

building, is designed and built to an integral part of the existing building; b. the new construction or building being moved shares at least one common wall with the

existing building; and, c. the connection between the existing buildings and the new construction or building being

moved, or a new building designed as having a hallway with exterior walls, is not one or more walkways, breezeways, , screened porchporches or other such passages, and which is enclosed by four walls and a minimum of 2.0 metresm (6.5 ft.) in width and a maximum of 10.05.0 m ((3216.4 ft.) in length. .

3.7 FRONTAGE OR ON PUBLIC STREET OR NAVIGABLE WATERWAY 3.7.1 General Frontage Requirement No personperson shall erect any building or structure in any zone unless the lot upon

which such building or structure is to be erected fronts, for a distance equal to the minimum frontage requirement for the zone in which the lot is located upon:

a. A street maintained year round by a Public Authority; or b. a navigable waterway or original shore road allowance; or c. a street dedicated as a public highway on a registered plan of subdivision and

subject to terms and conditions of a Subdivision Agreement under the Planning ActPlanning act or its predecessor.

d. Where any lot frontage on a lot, outside of the Community Zones or where the

front lot line is the high water mark, abuts a Provincial Highway ofr Class A District Road (District Roads 3, 4, 7, 13, 24, 25, 29, 35, 38, 118, and 169), the minimum required lot frontagelot frontage shall be 150 metresm (492 feetft.) or where the frontage abuts a Class B District Road (District Roads 26, 27, 28, 30, and 47), the minimum required lot frontage shall be 135 metresm (443 feetft.), with the exception of Lot 4, Concession 5 and 6, and Lot 12, Concession A, in the former Township of Watt.

3.7.2 Exemption to Frontage Requirement a. A hunt camp may be erected on a lot in an Open Space (OS1, OS2) Zone, which

does not front upon a year round maintained road or a navigable waterway. b. Where there is an existing residentialresidential dwelling on a lot, which does not


of 379



27

3.12 PROHIBITED HABITATION No truck, bus, shipping container, coach, or other vehicle may be used for habitation or as a

have frontage on a year round maintained road or a navigable waterway, usesuses accessory to the permitted use are permitted.

c. A building or structure which does not comply with Section 3.78.1 and existed on

the date this By-law was passed, which is a permitted use, and is located in a Community Zone, can be reconstructed or structurally altered despite the fact the frontage requirements are not met.

d. A building or structure which is located on a lot which does not comply to the

frontage requirement and does not contain a habitable room can be erected, usedused or altered in any Community zone despite the fact the frontage requirements are not met.

3.8 FRONTAGE ON AN ORIGINAL SHORE ROAD ALLOWANCE Where a lot is separated from a navigable waterway by only an original shore road allowance the

lot shall be considered for the purpose of permitted land usesuses in this By-law as if it abuts the navigable waterway.

3.9 REDUCTION OF LOT AREA Where a lot is reduced in lot area by way of a lot addition lot addition consent under the Planning

ActPlanning Act but the lot frontage is not changing and the lot frontage and lot area comply with the minimum lot frontage and lot area requirements under Section 3.4.1, the lot frontage and the lot area are deemed to comply with the provision of this By-law.

3.10 GREATER RESTRICTION This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a

governmental authority having jurisdiction to make such restrictions. 3.11 HEIGHT EXCEPTIONS No height provision in this By-law shall apply to prevent the erection, alteration or use of the

following accessory buildings or structures provided that such buildings or structures are permitted within the zone in which it is located:

- church spire - residentialresidential radio or

TV tower or antenna - belfry - clock tower - air conditioner duct - chimney - any farmfarm building or - water tank structure including a barn - windmill - cupola or other similar

ornamental structure which contains no floor and is less than 9.3 m² (100 ft.²)square metres in size


of 379



28

dwelling unit within the TownshipTownship, whether or not the same is maintained on wheels.

3.13 HOME BASED BUSINESS Home Based Business means a gainful occupation conducted in whole or in part in a single

detached dwelling unit or an accessory building to a single detached dwelling unit by the residents of the single detached dwelling unit provided that:

a. In the Waterfront and Community Zones, the Home Based Business includes only the

following permitted usesuses, where in an :accessory structure,; professional/personal services; artisans/studios; day care; bed and breakfast; repair services (excluding vehicles, water craftfts, heavy equipment, and aircraftft repair).

b. there is no external advertising other than a sign of not more than 0.6 square metres m² (6 ft.²) erected in accordance with any by-laws regulating signs;

c. there is no external storage of goods or materials; d. such Home Based Business is clearly secondary and incidental to the main

residentialresidential character of the residentialresidential use; e. such Home Based Business does not interfere with radio or television reception; f. not more than two four personpersons, other than the residents of the single detached

dwelling unit are employed; g. the floor area of the accessory building does not exceed 23.2 square metres m² (250 ft.²)

for lots zoned Waterfront or Community. h. when a Home Based Business is located in a single detached dwelling unit or an attached

garage, it shall not exceed 25 percent of the ground floor area of the single detached dwelling unit, including an attached garage except in the case of a bed and breakfast where the ground floor area of the single detached dwelling unit for the home based business is the floor area of the three bedrooms used for the bed and breakfast.

i. the sum of the floor area of the accessory building does not exceed an area of 92.9 square

metresm² (1000 ft.²) the following areas dependant on lot area and provided the lot is zoned Rural:

Lot Area Maximum Accessory Building SizeSize

1 – 10 acres 1,000 sq. ft.²

10-50 acres 1,500 sq. ft.²

50 acres+ 2,000 sq. ft.²

and the lot area is greater than 0.4 hectares (10.99 acres);

j. such home based business does not involve the repair, maintenance or storage of aircraftft., motor vehicles, water craftft.,, or heavy equipment; and

k. the home based business does not produce waste products, which are disposed of in a

manner, which contravenes any Provincial environmental legislation or regulations.


of 379



29

3.14 RIGHT-OF-WAY / LANE AS A YARD No building may be erected or usedused within 3 metresm (10 ft.) of a private right-of-way where

such right-of-way does not form part of a lot line.


of 379



30

3.15 CHANGE IN USE OR LOCATION No change in the use of any land, building or structure shall be permitted, unless such change in

use complies with the permitted usesuses within the zone in which such land, building, or structure is located or unless such change has been approved through an amendment to this By-law and all loading and parking spaces are provided as required by this By-law for such different usesuses. In all zones, any building or structure which is moved from one location to another, whether within the zone or from one zone to another, or from any location beyond the boundary of the TownshipTownship, into any zone, shall be considered as being a new building or structure and shall comply with the provisions of this By-law.

3.16 ABANDONED EQUIPMENT AND MOTOR VEHICLES WITHOUT CURRENT LICENSE PLATES Unless otherwise specifically permitted in this By-law, the parking, storing or locating of

unusedusedaboandaoned or discarded motor vehicles without current license plates is prohibited in all zones, except that:

a. vehicles may be stored inside a private garage; and, b. one such vehicle may be stored in a screened space that is not visible from any street or

adjacent lot; and. c. seasonal vehicles, necessary for lawn care and winter maintenance are permitted. 3.17 AUTOMOBILE SERVICE STATIONS a. Despite the requirement of this By-law, a pump island shall not be located closer than 4.6

metresm (15 ft.) to the lot line of any existing or planned street. b. No portion of any ingress or egress shall be located closer than 15.2 metresm (50 ft.) to

the intersection of any two streets. c. No portion of any ingress or egress rampramp along any lot line shall be located closer

than 3 metresm (10 ft.) to any side lot line. d. The width of any egress or ingress rampramp along any lot line shall not be more than 9.1

metresm (30 ft.) nor less than 7.6 metresm (25 ft.).. e. Except for the rampramps, an area not less than 1.5 metresm (5 ft.) in width along the

front lot line shall be usedused for landscaping.

3.18 LANDSCAPED BUFFERS Landscaped buffers, as required by this By-law, shall be provided, planted and maintained by the

owner of the lot on which the buffers are required and located.

3.18.1 Non-Conforming Uses


of 379



31

Nothing in this By-law shall require the provision of a landscaped buffer for a useuse,

which existed on the date this By-law was passed. 3.18.2 Addition Where an addition to an existing building or structure occurs, the owner shall be

responsible to provide, plant and maintain, the required landscaped buffer for the addition.

3.19 DWELLING UNIT IN A NON-RESIDENTIALRESIDENTIAL BUILDING With the exception of an automobile service station, a dwelling unit or a multiple dwelling unit may

be permitted, as specified in this By-law, within a non-residentialresidential building, provided that:

a. it complies with the requirements of Section 5.1.54 in the case of a multiple dwelling; b. each dwelling unit shall have a separate washroom/bathroom and kitchenkitchen facility

from those of the non-residentialresidential use; c. each dwelling unit shall have separate parking spaces in accordance with the parking

requirements of Provision Section 3.2889; and, d. each dwelling unit shall have a separate building entrance than that to the non-

residentialresidential portion. 3.20 REDUCTION OF REQUIREMENTS No personperson shall change the purpose for which any lot or building is usedused, or erect any

new building or addition to any existing building, or sever any lands from any existing lot if the effect of such action is to cause the original, adjoining or remaining buildings, or original or remaining lands to be in contravention of this By-law.

3.21 SIGHT TRIANGLE On a corner lot, no hedge, shrub or tree shall be planted, nor building or structure erected in a

sight triangle where such would obstruct the vision of vehicular traffic or is over 1.0 metre (3 ft.) in height.

3.22 SIGNS The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign,

provided such sign complies with any authorized by-law regulating signs. 3.23 SETBACK FROM STREETS AND UNOPENED ROAD ALLOWANCES 3.23.1 Setbacks from TownshipStreets and Unopened Road Allowances No building or structure including a dock and a boathouse shall be erected, or enlarged

within 7.6 metresm (294.493025 feetft.) from a lot line abutting a street or unopened road allowance.


of 379



32

3.23.2 Setbacks on Provincial Highways and District Roads Where a building or structure is located adjacent to a provincial highway or a District road,

setbacks shall be provided and maintained in accordance with the requirements of the Ministry of Transportation or of the District where such requirements are in excess of those required by this By-law.

3.24 SETBACKS FROM MUNICIPAL SEWAGE AND WATER FACILITIES 3.24.1 Development adjacent to municipal sanitary sewage disposal facilities including

sewage lagoons shall be setbacksetback from the facilities as noted below:

1. 150 metre (500 feetft.) setbacksetback radius from a sanitary sewage disposal site (other than residentialresidential usesuses). Measured from the property line.

2. 200 metresm (660 feetft.) setbacksetback radius from a sanitary sewage disposal site (residentialresidential useuse). Measured from the building footprint.

3. 400 metre m (1,3210 ft.oot) setbacksetback radius from waste stabilization ponds (all usesuses). Measured from the perimeter of the pond.

4. 400 metre (1,3210 foott.) setbacksetback radius from hauled sewage lagoons (all usesuses). Measured from the perimeter of the sewage lagoon.

For the purposes of determining the above, the setbacksetback shall be taken measured from the property line of the property where the municipal facilities are located to from the building or structure being developed, in accordance with the above..

3.24.2 New commercial and industrial development within 1000 metresm (3,280 feetft.) of a

municipal water supply intake or municipal sanitary sewage outfall is not permitted.

3.25 YARD ENCROACHMENTS Notwithstanding the yard and setbacksetback provisions of this By-law, the following shall

apply: a. chimneys, eaves, bay windows, pilasters, or other ornamental structures may

project into any required yard a maximum distance of 1.2 metresm (4 feetft.); b. drop awnings, clothes poles, flagpoles, garden trellises, fences, retaining walls,

similar accessory useAccessory Uses or signs erected in accordance with any authorized by-law regulating signs, are permitted in any required yard;

c. fire escapes and the structural members may project into a required yard a

maximum distance of 1.2 metresm (4 feetft.). 3.26 RECREATIONAL VEHICLES 3.26.1 Storage or Sale A recreational vehicle may only be erected or placed in an area specifically zoned


of 379



33

for such a use. This provision shall not apply where a maximum of one recreational vehicle is located on the said land solely for the purposes of sale or storage, complies with the required yards and is not occupied at any time.

3.26.2 Temporary UseTemporary Use Despite ProvisionSection 3.2726.1 a recreational vehicle may be placed on

residentialresidential zoned land for temporary usetemporary use for storage purposes or for accommodation during development of the lot provided that the recreational vehicle is located on the same lot as the construction and in compliance with the yard requirements for the zone in which it is located and provided that the recreational vehicle is not located on the lot until a building permit for the said construction has been issued and the recreational vehicle is removed withinsixty (60) days of the completion or discontinuance of construction or if a building permit is revoked.

3.26.3 Storage or Sale of Boats The storage or sale of boats shall only occur in an area specifically zoned for such.

This provision shall not apply where a maximum of two boats are located on the said lands solely for the purpose of sale or storage and complies with the required yards.

3.27 MOBILE HOMES AND MOBILE UNITS 3.27.1 Permanent uses No personperson shall use land for the purpose of erecting or placing thereon a

mobile home or mobile unit. 3.27.2 Temporary UseTemporary uses Despite ProvisionSection 3.278.1 a mobile unit, may be placed on industrial or

commercial zoned land for temporary usetemporary use as an Office or for storage purposes during development of the lot provided that the mobile unit is located on the same lot as the construction and in compliance with the yard requirements for the zone in which it is located and provided that the mobile unit is not located on the lot until a building permit for the said construction has been issued and that the mobile unit is removed within sixty (60) days of the completion or discontinuance of construction. Despite ProvisionSection 3.27.1 a mobile unit may also be placed on land for temporary use as a sales office for the purpose of marketing development consisting of commercial units and/or a minimum of two or more dwelling units that are permitted by the zoning by-law and which have received site plan approval, provided that the mobile unit is located on the same lot and in compliance with the yard requirements for the zone in which it is located and that the mobile unit is removed within sixty (60) days of the completion or discontinuance of construction.The conducting of a temporary sales event including an outside garage sale or rummage sale, whether or not for profit, shall be permitted in all zones a maximum of 4 days within a calendar year. All requirements of the 2006 Ontario Building Code must be adhered to. The conducting of an occasional or special event, whether or not for profit, and


of 379



34

whether or not located in a tent, shall be permitted in all zones save and except that such event may not occur for more than 10 consecutive calendar days. All requirements of the 2006 Ontario Building Code must be adhered to.

3.2878

PARKING REQUIREMENTS

Parking spaces and areas are required under this By-law in accordance with the following

provisions: a. The owner of every building or structure erected or usedused for any of the following

purposes hereinaftft.er set forth shall provide and maintain for the sole use of the owner, occupant or other personpersons entering upon or making use of the said premises from time to time, parking spaces and areas as set out in the following Table 3.2988.

Table 3.2878

Parking Standards


Apartment Dwellings (i.e. triplex, fourplex) 1.75 spaces per dwelling unit, plus 1 visitor parking space per 2 dwelling units or part thereof.

Auditoriums, Theatres, Arenas, Convention Centres, Stadium, Clubs, Places of Amusement, Museum

1 space per 5 seats where there are fixed spaces, or 1 space per 9.3m² (100 .1 ftft.²) of gross floor area open to the public, whichever is the greater of the two.

Bed and Breakfast 1 space per dwelling unit, plus 1 space for each guest room.

Bowling alley or curling rink 1 space per each 4 persons of maximum design capacity of the establishment

Car Wash – Automatic 10 spaces in advance of and 3 spaces at the terminus

Car Wash – Self Serve 2 spaces per wash stall.

Drive-Thru, Accessory For restaurants a stacking lane a minimum depth of 55 metresm (180.4 feetft.) or that required to accommodate ten motor vehicles, whichever is greater. For all other uses, a stacking lane a minimum depth of 11 metresm (36.0 feetft.) or that required to accommodate two motor vehicles, whichever is greater

Dwellings – detached, semi-detached, duplex, converted, townhouses

2 spaces per dwelling unit plus additional spaces as may be required for any home occupation / industry usesbased business.

Dwelling (other than those listed herein) 2 spaces per dwelling unit

Financial Institution 1 space per 30m2 (322.9ftft.²) of gross floor area

Funeral Home 1 space per 5 seats with a minimum of 10 spaces,

or 1 per 20m² (215.3 ftft.²) of gross floor area, whichever is greater

Golf Course 2 spaces per golf green or 24 spaces per nine holes of golfing facilities, whichever is greater


of 379



35

Group Home 2 2 spaces per dwelling unit plus 1 space for every 2 bedrooms devoted to the Group Home

Home Based Business 2 spaces per dwelling unit plus 1 for each 24m²

(258.3 ftft.²) of floor space occupied by the home based business with a minimum of 2 spaces provided for the business.



Hospital, Institution 1 space per every 2 beds, or 40m² (430.5 ftft.²) of gross floor area, whichever is the greater, plus 1 additional space for each resident doctor or resident employee.

Hotels and Motels 1 space per guest room or suite

Industrial 1 space for each 92.9 m² (1,000 ftft.²) of total floor area at a minimum up to 1858 m² (20,000 ftft.²), plus 1 space for every 464.5 m² (5,000 ftft.²) of total floor area over 1858 m² (20,000 ftft.²) including any basement area if usedused for industrial use.

Library 1 space per 40m² (430.5 ftft.²) of gross floor area

Marina 1 space per 20m² (215.3 ftft.²) of total retail floor area, plus 1 space for each boat slip provided

Motor Vehicle Repair Establishment / Service Station

3 spaces per repair bay, or in the case of a Service Station or Gas Bar 1 space per 20m

2

(215.3 ftft.²) of gross floor area devoted to the convenience/retail use.

Motor Vehicle Sales and Service Establishment 1 space per 10m² (107.6 ftft.²) of gross floor area and 3 spaces per repair bay.

Office, including government buildings 1 space per 30m² (322.9 ftft.²) of gross floor area Medical, Dental, or Drugless Practitioners office or clinic

1 5 spaces per 20m² (215.3 ftft.²) of gross floor areafor each practitioner.

Place of Worship 1 space for every 5 persons of maximum design capacity

Recreational Uses (including outdoor uses such as driving ranges and miniature golf coursegolf courses), Private Camps, Tent and Trailer Parks

1 space per 2 persons maximum design capacity, or for a miniature golf facility a minimum of 10 spaces plus 1 space for each tee on the driving range, or for Private Camps and Tent and Trailer Parks a minimum of 1 space per site and 0.5 spaces per site for visitor and staff parking

Restaurant (eat-in or take-out) 1 space per each 4 persons of maximum design capacity or 1 space per 20m² (215.3 ftft.²) of gross floor area, whichever is the greater, plus 1 space for each 40 30 m² (430322.59 ftft.²) of space associated with a sundeck or patio usedused in conjunction.

Retail, Convenience Store, Service Shops 1 space per 20 m² (215.3 ftft.²) of gross floor area with a minimum of 2 spaces provided.


of 379



36

Retirement Home, Nursing Home, Home for the Aged

1 space per each 4 persons of maximum design capacity

Rooming / Boarding House 1 space for each room for rent. and 1.5 spaces for any dwelling unit on the property.

Schools, Elementary 1.5 spaces per each teaching classroom

Schools, Secondary 4 spaces per each teaching classroom

Senior Citizens Apartment/Senior Citizen Home 1 space per dwelling unit plus one visitor parking space per 5 dwelling units or part thereof

Shopping Mall / Plaza 5 spaces per 100m² (1,076.3 ftft.²) of leasable floor area

Social or Service Club 1 space per 20 m² (215.3 ftft.²) of gross floor area of all habitable club buildings plus: 1 space per lawn bowling green; 4 spaces per tennis or racquet ball court



Sports Field, including Private Park, Recreational Establishment

1 space per 5 seats or 3.0 metresm (9.8 feetft.) of bench space of maximum seating capacity, or 1 space per 800m² (8,611.1 ftft.²) of gross field / floor area whichever is the greater of the two.

Tavern, Pub, Bar, Drinking Establishment 1 space per each 20m² (215.3 ftft.²) of gross floor area, plus 1 space for each 40 30 m² (430322.59 ftft.²) of space associated with a sundeck or patio usedused in conjunction.

Tourist Resort 1 space for each accommodation unitaccommodation unit or housekeeping unit, plus 1 space for each resident owner or employee live-in employee, plus 1 additional space for each 20 m² (215.3 ftft.²) of restaurant or tavern floor space open to the public.

Wholesale, Warehousing and Storage 1 space per each 100m² (1,076.3 ftft.²) of gross floor area up to 3,000m² (32,291.7 ft.²) and 1 space per each 200m² (2,152.8 ftft.²) of gross floor area above 3,000m² (32,291.7 ftft.²)

Uses permitted by this By-law other than those listed herein

1 space per 40m² (430.5 ftft.²) of gross floor area

If the calculation of the required parking spaces results in a fraction greater than one-half, the required parking spaces shall be the next higher number. Where any land or building accommodates more than one use, the total parking space requirement for such land or building shall be the aggregate sum of the requirements for each individual use.

b. Accessible Barrier Free Parking Requirements: The owner or occupant of any lot, building or structure erected or usedused for any

use accessible to the Public shall provide and maintain at the premises, on the lot


of 379



37

occupied by the building or structure and not forming part of a street or lane, within the zone in which such use is located, the following spaces to accommodate accessibility barrier free access to the building or structuree where a minimum of 5 parking spaces are required::

i. 1 parking space per 25 parking spaces required based on the use as

described in Table 3.2928; and ii. 1 additional parking space per 25 or more parking spaces required

based on Table 3.2928. Each parking space shall be a minimum of 4.6 metresm (15 feetft.) in width and 6.0

metresm (20 feetft.) in depth and shall be located in close proximity to the main entrance of the building or structure and accommodate access at ground level or through the useuse of a rampramp.

c. Parking Area Requirements: Parking Areas shall conform to the following requirements: i) the parking area shall be located in the same zones as, and within 152.4 metresm

(500 feetft.) of the location it is intended to serve, except for water access properties, in which case the parking areaparking space may be more than 152.4 metresm (500 feetft.) from the use and in a different zone;

ii) each perpendicular or angled parking space shall be at least 3.0 metresm (9.8

feetft.) by 6.1 metresm (20 feetft.); each parallel parking space shall be at least 2.7 metresm (8.8 feetft.) by 6.7 metresm (21.9 feetft.) and each parking space shall be provided with unobstructed access to a street by a driveway, aisle or lane; and,

iii) the parking area must be in the same ownership as the lot for which the parking

spaces are required. d. Parking Area Surface: In a Zone which allows commercial, industrial or multiple residentialresidential uses, a

parking area and driveway connecting the parking area with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles.

e. Ingress and Egress: i) ingress and egress, to and from the required parking spaces and areas shall be

provided by means of unobstructed driveways or passageways at least 6.1 metresm (20 feetft.) but not more than 9.1 metresm (29.8 feetft.) in perpendicular width except, in respect to parking, for a residentialresidential use located in a structure or building other than a multiple dwelling;

ii) the maximum width of any joint ingress and egress driveway rampramp measured

along the street line shall be 12.2 metresm (40 feetft.); iii) on a TownshipTownship owned street every lot shall be limited to the following


of 379



38

number of driveways: a) up to the first 30.1 metresm (98.7100 feetft.)of street frontage – not more than

2 driveways; and, b) for each additional 30.1 metresm (98.7100 feetft.) of street frontage – not

more than 1 additional driveway. f. Illumination: Where parking areas are illuminated, lighting fixtures shall be so arranged that no part

of any fixture shall be more than 9.1 metresm (29.830 feetft.) above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from adjacent lots, roads and streets.

g. Addition to Building or Structure: When a building or structure has insufficient parking spaces on the date this By-law

was passed to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built, however, and no change of use may occur, the effect of which would be an increase in that deficiency.

h. Use of Parking Spaces and Areas: Any area allotted for off-street parking under this By-law shall be usedused for no

other parking purpose than for the parking of operative passenger vehicles and vehicles usedused in operations incidental to the permitted uses on the lot, all bearing currently valid license plates. No person shall in any ResidentialResidential Zone use any lot for the parking and storage of any commercial motor vehicle in excess of one-ton capacity, except that one commercial motor vehicle may be stored in a private garage. One (1) School bus may be parked on any lot. For the purpose of this subsection “commercial motor vehicle” shall mean any commercial vehicle as defined in The Highway Traffic Act for Ontario.

i. Parking Area Location on Lot: Despite the yard and setbacksetback provisions of this By-law, uncovered surface

parking areas are permitted in the required yards or in the area between the road or street line and the required setbacksetback provided no part of any parking area, other than a driveway, is located closer than 0.9 metresm (32.9 feetft.) to any street line. No parking area is to be located closer than 20.1 metresm (6665.9 feetft.) to the high water mark.

j. Boat Parking: i) 33 percent of the required parking spaces may be provided for the parking of

boats or similar vessels provided such parking spaces are adjacent to or on the lot requiring such parking spaces.

ii) Each boat parking space shall be 6.1 metresm (20 feetft.) in length along a dock,


of 379



39

boathouse, or mooring facility and 3 metresm (9.8 feetft.) in width with an unobstructed means of accessing the boat parking area.

3.2989 LOADING AREAS a. Loading Space Requirements The owner or occupant of any lot, building or structure erected or usedused for any

purpose involving the receiving, shipping, loading or unloading of personpersons, animals, goods, wares, merchandise or raw materials, shall provide and maintain at the premises, on the lot occupied by the building or structure and not forming part of a street or lane, within the zone in which such use is located, the following loading spaces per Table 3.2930, provided that adequate space shall be provided for the parking of vehicles awaiting access to loading spaces

TABLE 3.2989 – Loading Space Requirements

Gross Floor Area Number of Spaces

278.6 m² (2,999 ft.²) or less 0 278.7 m² (3,000 ft.²) up to 1000 m² (10,764 ft.²) 1 loading space

Over 1000 m² (10,764 ft.²) 2 loading spaces, plus a minimum of 1 loading space for each 51000 m² (5381.910,764 ftft.²) of additional floor area in excess of 1000 m² (10,763.94 ftft.²)

b. Access Access to loading or unloading spaces shall be by means of a driveway at least 6.1

metresm (20 feetft.) wide contained within the lot on which the spaces are located within or adjoining the zone in which the use is located.

c. Loading Space Surface The driveways, loading and unloading spaces shall be constructed and maintained

with a stable surface, which is treated so as to prevent the raising of dust or loose particles, and with provisions for storm water drainage facilities.

d. Location The loading space or spaces required may be located in the side or rear yard only.

e. Size of Loading Spaces Any loading space shall have a minimum width of 4.6 metresm (15 feetft.), a minimum

length of 12.2 metresm (40 feetft.), and a minimum vertical clearance of 4 metresm (13.1 feetft.).

f. When a building or structure has insufficient loading space on the date this By-law was

passed, to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No


of 379



40

addition may be built, however, and no change of use may occur, the effect of which would be an increase in that deficiency.

3.2930

PROHIBITED USES IN ALL ZONES

Notwithstanding anything contained in this By-law, no land or building in any zone shall be

used for any purpose, which from its nature or from the material used, is declared to be a health hazard under the Health Protection and Promotion Act without the consent of the local Medical Officer of Health as provided for in that Act.

3.3100

PERMITTED USES IN ALL ZONES

Nothing in this By-law shall prevent the following: a. The conducting of a temporary sales event including an outside garage sale or

rummage sale, whether or not for profit, shall be permitted in all zones a maximum of four ( 4) days within a calendar year. All requirements of the 2006 2012current Ontario Building Code must be adhered to.

b. The conducting of an occasional or special event, whether or not for profit, and

whether or not located in a tent, shall be permitted in all zones save and except that such an event may not occur on more than two (2) occasions in a calendar year and each event is not to exceed seven (7) consecutive calendar days. All requirements of the current Ontario Building Code must be adhered toThe conducting of an occasional or special event, whether or not for profit, and whether or not located in a tent, shall be permitted in all zones save and except that such event may not occur for more than ten (10) consecutive calendar days. All requirements of the 2006 2012 Ontario Building Code must be adhered to. Compliance with the Tree Preservation (2008-55) and Site Alteration (2008-56) By-laws, as amended, shall be required, and tree removal and/or site alteration shall not be permitted whether or not a Building Permit has been issued.

3.3211 MORE THAN ONE ZONE ON A LOT

When a lot is designated as being in more than one zone, each part of the lot shall be

usedused in accordance with the zone regulations applicable to the zone designation for that part.

3.3322 ONE DWELLING / ONE LOT Except as otherwise specifically permitted in this By-law, where a dwelling unit is a permitted

use, only one dwelling is permitted on a lot. 3.3433 MAXIMUM HABITABLE FLOOR AREA FOR A DWELLING


of 379



41

The maximum habitable floor area for a dwelling is 696.8 m² square metre (7500 ftft.²)s. 3.3544 BUILDABLE AREA No building or structure may be erected on a lot, which does not have an area suitable for the

erection of proposed buildings and structures and the installation of any required sewage disposal facilities, a minimum of 1.0 vertical metre (3.3 feetft.) above the high water mark.

3.3655 GROUP HOMES A group home is a permitted use in any zone in which a single detached dwelling unit is a

permitted use provided that the group home is located a minimum of 304.8 metresm (1,000 feetft.) from any other group home.

3.3766 CALCULATING GROSS FLOOR AREA In calculating the gross floor area, the full floor area of every building located on the zone

boundary between a Waterfront Commercial Zone and a Backlot Commercial Zone is included in the gross floor area of the Waterfront Commercial Zone and is not included in the Backlot Commercial Zone.

3.3877

COMMERCIAL OPERATIONS ON MORE THAN ONE LOT

Where a Waterfront Commercial Establishment, Tourist Resort, Hotel, Motel, Tent and

Trailer Park or Private Camp consists of two or more parcels or property or lots with common administration and with common ownership or condominium ownership, and separated by a Road Allowance, the entire Waterfront Commercial Establishment, Tourist Resort, Hotel, Motel, Tent and Trailer Park or Private Camp will be considered as one lot for the purposes of:

a. Calculating gross floor area; b. Determining lot frontage and lot area (and any other requirements based on these)

but not for the purpose of the minimum yardyard requirements for each constituent parcel or lot. Section 3.394042 does not apply.

c. The provision of on-site management. 3.3988

EXEMPTIONS TO THE BY-LAW

Despite the provisions of Section 1.5 where a use, building or structure has been authorized

by a By-law passed or a Minor Variance granted aftft.er January 1, 1985, the use, building or structure and all other specific requirements imposed by the By-law or Minor Variance continue to be permitted and imposed by this By-law. All other applicable zone provisions are those required by this By-law. Where there is a conflict between provisions of this By-law and the specific provisions so passed or granted, the specific provisions passed or granted prevail.

3.403939

LOTS OF TWO OR MORE LAND PARCELS


of 379



42

Where a lot consists of two or more parcels of land the Zone Requirements apply to each

parcel as if each is a separate lot for the purpose of erecting buildings and structures on that parcel except that the lot area requirements apply to the sum of the areas of all of the parcels in the lot.

3.41 3.4210

SERVICES IN RESORT VILLAGE OF MINETT At which time water and/or sewer services are available in the Resort Village Designation of Minett as confirmed by the District of Muskoka, connection to services is required prior to any development. Development shall only be permitted on private services on lots where confirmation has been received from the District of Muskoka that services are not available. SERVICES IN COMMUNITIES

3.42 SERVICES IN COMMUNITIES Development is permitted on pWhere a lot within An Urban Centre or Community is zoned

Community Residential (R1), connection to full municipal services is required. Where a lot within an Urban Centre is zoned Community Residential (R2), connection to either municipal water or sewer services is required. Where a lot within an Urban Centre is zoned Community Residential (R3), and municipal water or sewer services are not available to service the lot, private water and sewer services are permitted. within the boundaries of an Urban Service area designated by Urban Service By-laws of the District, no person shall erect or use a building with a habitable room on said lot unless the water and sewer services referred to in those By-laws are available to serve such building. Private services in the serviced Urban Centres of Bala and Port Carling will only be permitted on lots where confirmation has been received from the District of Muskoka that services are not available.

3.4321 LANDS ADJACENT TO LAND ZONED RURAL INDUSTRIAL (RuM3) AND LANDFILL

SITES For lands adjacent to lands Zoned Rural Extractive (RuM3), the minimum setbacksetback

from such lands is 30.1 metresm (100 98.7 feetft.). For lands adjacent to an active landfill site, new land uses shall be setback a minimum of 500 m (1,640 ft.) from the lot line abutting the landfill. For lands adjacent to an inactive/closed landfill site, new land uses shall be setback a minimum of 500 m (1,640 ft.) from the waste footprint..

3.434 ILLEGAL STRUCTURES CONSTRUCTED PRIOR TO PASSAGE OF BY-LAW Any building or structure constructed prior to October 11, 1988, is deemed to be permitted

except when: a. there is more than one residential dwelling unit on the lot; or,

b. there is more than one sleeping cabin on the lot.


of 379



43

All such buildings or structures must comply with the zone requirements in

which it is located. Where the building or structure does not comply with the by-law requirement it shall be deemed legal non-complying.


of 379



44

Formatted: Font: (Default) Arial, 11

pt

The following table refers to Lake Classification. For the purposes of this By-law, Lakes are categorized based on a number of factors, including size and health, which is carried through in the specific zones of the properties surrounding each lake.

TABLE 1 - CLASSIFICATION OF LAKES Category 1 Category 2 Category 3 Category 4



Lakes Over Threshold

Lake Joseph (incl. Joseph River, Little

Lake Joseph)

Lake Muskoka (incl. Indian River, Dark

Lake, Mirror Lake) Lake Rosseau




Gullwing Lake

Henshaw Lake Hessner’s Lake




Skeleton Lake

Thorne Lake









Eaton Lake

Echo/Resound L. Gagnon Lake Haggart Lake Haighton Lake

Hardy Lake

Hart Lake Harts Lake

Island Lake Leech Lake



Marion Lake Mary Jane Lake McCaffery Lake Mosquito Lake Narrow Lake Neilson Lake Neipage Lake O’Kane Lake Ottaway Lake

Pennsylvania Lake Roderick Lake

Round Lake Sawyer Lake Shaw Lake






Water Lily Lake

Wier Lake Woodland Lake

Woods Lake Young Lake

Clear Lake

High Lake



Silver Lake

Stewart Lake Three Mile Lake


of 379



45


pt


of 379



46


pt

3.43 ILLEGAL STRUCTURES CONSTRUCTED PRIOR TO PASSAGE OF BY-LAW


of 379



47


pt

Any building or structure constructed prior to October 11, 1988, is deemed to be permitted except when: there is more than one residential dwelling unit on the lot; or, there is more than one sleeping cabin on the lot.

All such buildings or structures must comply with the zone requirements in which it is located. Where the building or structure does not comply with the by-law requirement it shall be deemed legal non-complying.


of 379



48


pt


of 379



49


pt


of 379



50


pt

4.1 WATERFRONT RESIDENTIALRESIDENTIAL ZONES

4.1.1 Permitted Uses No personperson shall within any Waterfront ResidentialResidential Zone use any

land or erect, locate, alter or use any building or structure for any use except in accordance with the following applicable zones noted below in Table 4.1.1: permitted uses:

a) Residential b) Home Based Business c) Accessory Uses

X indicates the uses permitted in the particular zone 4.1.2 Zone Requirements

No personperson shall within any Waterfront ResidentialResidential Zone use any lot,

or erect, locate, alter or useuse any building or structure except in accordance with the following requirements of the applicable zone as noted below on the following page in Table 4.1.2:

TABLE 4.1.1 – WATERFRONT RESIDENTIAL ZONES, PERMITTED MAIN USES

PERMITTED USES WATERFRONT RESIDENTIAL

RESIDENTIAL X


ACCESSORY USES X

TABLE 4.1.2

LOT REQUIREMENTS

ZONES (2) (10) (13)

WATERFRONT NO CONSTRAINTS

BACKLOT

WATER

ACCESS

HIGHLY SENSITIVE OR OVER

THRESHOLD

LAKES

STEEP SLOPES AND/OR

NARROW WATERBODY

LAKE TROU

T LAKE

S

REMOTE

LAKES

WR1

WR2

WR3

WR4

WR5 (11)

WR6 (12)

WR7

WR8

Minimum Lot

61.0 201.2 91.4 --- (1) 91.4 122.0 --- (1) 91.4


of 379



51


pt

Frontage (4) (m)

Minimum

Lot Area (4) (ha.)

0.4 2.0 0.8 --- (1) 0.6 0.8 --- (1) 0.8

Maximum Lot Coverage (%)

10.0 (6)(7)

5.0 10.0

(6) (7) 10.0

(6) (7) 10.0

(6) (7) 10.0

(6) (7) 5.0

(6) (7) 5.0

(6) (7)

Minimum

Front Yard Setback (5) (m)

20.1 (5) 20.1 (5) 20.1 (55)

20.1 (5) 20.1 (5) 20.1 (5) 30.5 (5)

20.1 (5)

Minimum Interior Side Yard Setback (m)

4.6 4.6 4.6 4.6 4.6 4.6 4.6 4.6

Minimum Exterior Side Yard Setback (m)

9.1 9.1 9.1 9.1 9.1 9.1 9.1 9.1

Minimum Rear Yard

Setback (m)

4.6 4.6 4.6 4.6 4.6 4.6 4.6 4.6

Maximum Height (8)(9)(m)

10.7 (8)(9) 10.7 (8)(9)

10.7 (8)(9)

10.7 (8)(9)

10.7 (8)(9)

10.7 (8)(9)

10.7 (8)(9)

10.7 (8)(9)

Maximum Height –

Accessory Bldg (m)

6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1

Minimum Gross Floor Area (dwelling) (m

2)

69.7 69.7 69.7 69.7 69.7 69.7 69.7 69.7


of 379



52


pt

(1) See 4.1.3.1 (5) See 4.1.3.5 (9) See 4.1.3.9 (13) See 4.1.3.13 (2) See 4.1.3.2 (6) See 4.1.3.6 (10) See 4.1.3.10 (3) See 4.1.3.3 (7) See 4.1.3.7 (11) See 4.1.3.11 (4) See 4.1.3.4 (8) See 4.1.3.8 (12) See 4.1.3.12

TABLE 4.1.2 – WATERFRONT RESIDENTIAL ZONE PROVISIONS

LO

T

RE

QU

IRE

ME

NT

S

ZONES (2) (10) (13)

WATERFRONT NO

CONSTRAINTS BACKLOT

WATER ACCESS

HIGHLY SENSITIVE OR

OVER THRESHOLD LAKES

STEEP SLOPES AND/OR

NARROW WATERBODY

LAKE TROUT LAKES

REMOTE LAKES

WR1

WR2

WR3

WR4

WR5 (11)

WR6 (12)

WR7

WR8

Minimum Lot Frontage (4)

61m (200 ft.) 201.2 m (660 ft.)

91.4 m (300 ft.)

--- (1) 91.4 m (300 ft.)

122.0 m (400 ft.)

--- (1) 91.4 m (300 ft.)

Minimum Lot Area (4)

0.4 ha. (1 ac) 2.0 ha. (5 ac.)

0.8 ha. (2 ac.)

--- (1) 0.6 ha.

(1.5 ac.) 0.8 ha. (2 ac.)

--- (1) 0.8 ha. (2 ac.)


10.0% (6)(7)

5.0% 10.0% (6) (7)

10.0% (6) (7)

10.0% (6) (7)

10.0% (6) (7)

5.0% (6) (7)

5.0% (6) (7)


20.1 m (66 ft.)

20.1m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

30.5 m (100 ft.)

20.1 m (66 ft.)

Minimum Interior

Side Yard Setback

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

Minimum Exterior Side Yard

Setback

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)


4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

4.6 m

(15 ft.)

Maximum

Height (8)(9)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m

(35 ft.)

Maximum Height –

Accessory Bldg

6.1 m (20 ft.) 6.1 m (20 ft.) 6.1 m

(20 ft.) 6.1 m (20 ft.)

6.1 m

(20 ft.)

6.1 m

(20 ft.) 6.1 m (20 ft.) 6.1 m (20 ft.)

Minimum Gross Floor

Area (dwelling)

69.7 m²

(750 ft.²) 69.7 m²

(750 ft.²) 69.7 m²

(750 ft.²) 69.7 m²

(750 ft.²)

69.7 m²

(750

ft.²)

69.7 m²

(750

ft.²)

69.7 m²

(750 ft.²) 69.7 m²

(750 ft.²)


of 379



53


pt


of 379



54


pt

4.1.3 WATERFRONT RESIDENTIALRESIDENTIAL ZONE PROVISIONS

4.1.3.1 The minimum lot frontage and lot area requirements of a lot in the Waterfront ResidentialResidential (WR4) or Waterfront ResidentialResidential (WR7) zones are the dimensions of that lot existing on the date this By-law was passed. No new structure or building may be constructed on a lot unless the lot complies with the appropriate section of the existing Lot of Record provision.

4.1.3.2 The inclusion of a “-7” suffix to a zone symbol indicates that the Ministry of Natural Resources has identified a concern for habitat significant to wildlife populations. All such lands will be subject to site plan control. in consultation with that Ministry.

4.1.3.3 In relation to all Waterfront ResidentialResidential zones minimum lot frontage refers only to the least lot frontage that may be approved for new lots and is not a predetermination of what lot frontages will be approved. Minimum lot frontages applicable to Waterfront ResidentialResidential designations zones do not take into account site-specific concerns of the Ministry of Natural Resources, other interested agencies, or as a result of site-specific technical studies. Such concerns will be addressed in the lot creation process and lots with greater standards may be required for approval.

4.1.3.4 Where a lot has a lesser lot frontage or lot area than is required, it may be deemed to conform. (See Reference the lot of Record Provision, Section 3.4).ord Provision)

4.1.3.5 Buildings and Structures The front yard setback for each building and structure, on a lot, which are considered legal non-complying due to an encroachment into the required 20.1 or 30.5 m (65.9 or 98.7 ft.) front yard setback, shall be the setback which existed on that date, or a minimum of 15.2 m (50 ft.) from the high water mark, or from the front lot line, whichever is greater. Notwithstanding the above, for those buildings and structures with an existing legal non-complying front yard setback less than 15.2 m (50 ft.), they may be enlarged, extended, reconstructed or otherwise structurally altered at their existing front yard setback or a minimum of 10.6 m (35 ft.), whichever is greater, provided the following is complied with; The resultant ground floor area located within 10.6 m (35 ft.) and 15.2 m (50 ft.) of the high water mark shall not exceed 120% of the ground floor area of the existing building or structure, and the resultant height shall not exceed 120% of the height of the existing building or structure, both as of the date of passage of this by-law. Notwithstanding the above, no height shall exceed that permitted in the zone requirements for that type of building or structure. For the purpose of determining the existing front yard setback, it shall be calculated based on the setback for each type of building or structure, with the exception of a dwelling unit, which a portion of can be replaced by a sundeck.


of 379



55


pt

Sundecks In the case of a sundeck, which existed prior to the passing of this By-law, which is considered legal non-complying due to an encroachment into the required 15.2 m (50 ft.) front yard setback, the front yard setback for that sundeck shall be the setback which existed on that date or a minimum of 12.2 m (40 ft.) from the high water mark or from the front lot line, whichever is greater. Notwithstanding the above, for a sundeck with an existing legal non-complying front yard setback less than 12.2 m (40 ft.), it may be enlarged, extended, reconstructed or otherwise structurally altered at its existing front yard setback or a minimum of 7.6 m (25 ft.), from the high water mark, whichever is greater, provided the following is complied with; The resultant increase in size of the sundeck located within 7.6 m (25 ft.) and 12.2 m (40 ft.) of the high water mark or front lot line, does not exceed 120% of the area of the existing sundeck, as of the date of passage of this by-law. The front yard setbacksetback for each building and structure, on a lot, which are considered legal non-complying due to an encroachment into the required 20.1 or 30.5 metre (65.9 or 98.7 feetft.) front yard setbacksetback, shall be the setbacksetback which existed on that date, or a minimum of 15.2 metresm (50 ft.fee) from the high water mark, or from the front lot line, whichever is greater. For the purpose of determining the existing front yard setback, it shall be calculated based on the setback for each type of building or structure.For those buildings and structures with an existing legal non-complying front yard setback less than 15.2 metres (50 ft.), they may be enlarged extended, reconstructed or otherwise structurally altered at their existing front yard setback or a minimum of 10.6 metres, (35 ft.), whichever is greater, provided the resultant increase in ground floor area and gross floor area building size measured to exterior walls located within 10.6 m (35 ft.) and 15.2 m (50 ft.) of the high water mark or front lot line, does not exceed 20% of the ground floor area and gross floor area building size measured to exterior walls of the existing building or structure., as of the date of passage of this by-law. For the purpose of determining the existing front yard setback, it shall be calculated based on the setback for each type of building or structure, with the exception of a sundeck which can substitute for a portion of an existing dwelling unit. In the case of a sundecksundeck, which existed prior to the passing of this By-law, which is considered legal non-complying due to an encroachment into the required 20.1 metre (65.9 feetft.) front yard setbacksetback, the front yard setbacksetback for that sundecksundeck shall be the setbacksetback which existed on that date or a minimum of 12.2 metresm (40 feetft.) from the high water mark or from the front lot linelot line, whichever is greater. For a sundeck with an existing legal non-complying front yard setback less than 12.2 m (40 ft.) it may be enlarged, extended, reconstructed or otherwise structurally altered at its existing front yard setback or a minimum of 7.6 m (25 ft.), from the high water mark, whichever is greater, provided the resultant increase in area located within 7.6 m (25 ft.) and 12.2 m (40 ft.) of the high water mark or front lot line, does not exceed 20% of the area of the existing


of 379



56


pt

sundeck.

4.1.3.6 For lots with lot frontage on lakes and rivers classified on Table ‘1’ to this by-law, the following maximum lot coverage shall apply:



4.1.3.7 For all buildings and structures constructed or erected within 61 metresm

(200 feetft.) of the high water mark abutting the lot, lot coverage shall be based on that portion of the lot area within 61 metresm (200 feetft.) of the high water mark, abutting the lot. In the case of a lot abutting an original shore road allowance, which in turn abuts a high water mark, lot coverage shall be based on that portion of the lot area and the area of the original shore road allowance within 61 metresm (200 feetft.) of the high water mark abutting the original shore road allowance within the projection of the side lot lines. For all buildings and structures constructed or erected on the lot beyond 61 metresm (200 feetft.) of the high water mark abutting the lot, lot coverage shall be based on the total lot area. In the case of a through lot, the lot area shall be determined by the measurement from the high water mark abutting the lot, which produces the greatest maximum lot coverage.

4.1.3.8 For lots with lot frontage on a Category 3 Lake, the maximum height shall be

9.1 metresm (30 feetft.).. 4.1.3.9 A screened porch or veranda or a habitable room in or on an attached garage

is deemed to be part of the main building (dwelling) for the purpose of determining height.

4.1.3.10 Small lotSmall lots in Waterfront Zones are defined as an individual property

or island that has less than 61 metresm (200 feetft.) of lot frontage and 0.4 hectares (1 acre) in lot area. Large open space recreational uses such as sport courts, or any active recreational activity area shall not be permitted on small lotsmall lots.

4.1.3.11 Applicable to lands with slopes >40% and <60% and/ or a narrow waterbody

76.2 metresm (250 feetft.) to 152.4 metresm (500 feetft.) across measured from shoreline to shoreline.

4.1.3.12 Applicable to lands with slopes >60% and/or where a narrow waterbody is <76.2 metresm (250 feetft.) across measured from shoreline to shoreline.

4.1.3.13 The inclusion of a “-R” suffix to a zone symbol indicates that different


4.1.4 FRONT YARDYARD EXEMPTIONS


of 379



57


pt

The following buildings and structures are exempt from the front yard

requirements:

i) Stairs, rampramps and landings which do not exceed 1.8 metresm (6 feetft.) in width and where landingslandings do not exceed a maximum area of 4.6 m² square metres (50 ftft.²)..

ii) One (1) pumphouse, one (1) sauna, and one (1) gazebo each not exceeding 4.6 metresm (15 feetft.) in height and 18.6 square metresm² (20 ftft.²) in maximum floor area.No more that tTwo (2) of a pumphouse, sauna or gazebo, of which the maximum pumphouse floor area shall be 4.6 m² (50 ft.²), maximum sauna floor areasize 9.3 m² (100 ft.²), and maximum gazebo floor area size 18.6 m² (200 ft.²). Each structure shall not exceed a height of 4.6 m (15 ft.) and each shall have a minimum separation distance from the other of 4.6 m (15 ft.). A pumphouse and sauna shall have a minimum setback of 4.6 m (15 ft.) from the high water mark.

iii) Inclinator.

iv) Sundecks, but must have a minimum setback of 15.2 m (50 ft.) from

the high water mark.

4.1.5 MAIN USEUSE The main building permitted as a residentialresidential use in this section shall

be limited to one (1) dwelling unit per lot.

4.1.6 SLEEPING CABINS

i) only one (1) sleeping cabin is permitted per each residentialresidential

lot; ii) the maximum floor area is 60.4 square metres;m² (650 ftft.²);

iii) where two (2) or more dwelling units exist on a lot, a sleeping cabin is not permitted;

iv) a basement usedused solely for the purposes of storage shall not have access from the interior of the building;

v) A gazebo exceeding 18.6 m² (200 ftft.²) square metres i in floor area,

which is screened or glassed, shall be considered to be a sleeping cabin.

vi) where a habitable room is located in an attached garage which is

attached by means of a walkway, breezeway, screened porchporchhallway or other such passage, the maximum height shall be 10.7 metresm (35 feetft.) and the maximum floor area of all such habitable rooms shall be 60.4 m² (650 ftft.²).square metres.


of 379



58


pt

4.1.7 ACCESSORY STRUCTURES OVER WATER

A dock, sun shelter, boathouse, or boatport may be located in a Waterbody Open Space Zone (WOS) where it abuts a Waterfront ResidentialResidential Zone or in a Waterfront ResidentialResidential Zone provided it is an accessory structure to the main permitted useuse in the Waterfront ResidentialResidential zone and is subject to the provisions in the following tabletable 4.1.7 and footnotes on the following pages::


of 379



59


pt

TABLE 4.1.7

ACCESSORY STRUCTURESSTRUCTURES OVER WATER (Up to < 61 m (200 ft.) and 61 m (200 ft.) to < 91.4 m (300 ft.) (REFER TO TABLE 1)

(17)(18)

Lot Frontage Up to < 61 metresm (200 ft.) 61 m (200 ft.) to < 91.4 metresm (300 ft.)


1 Category

2 Category

3 Category

4 Category

1 Category

2 Category

3 Category

4

DOCKS (2)(3)(17)(18)(19)

Maximum Length 20.1 m (66 feetft.)

20.1 m (66 feetft.)

20.1 m (66 feetft.)

20.1 m (66 feetft.)

20.1 m (66 feetft.)

20.1 m (66 feetft.)

20.1 m (66 feetft.)

20.1 m` (66 feetft.)


25% 15% 5% 15% 25% 15% 5% 15%

Minimum Sideyard Setbacks (11)

(11)(14)

9.1 m (30 feetft.)

9.1 m (30 feetft.)

9.1 m (30 feetft.)

9.1 m (30 feetft.)

9.1 m (30 feetft.)

9.1 m (30 feetft.)

9.1 m (30 feetft.)

9.1 m (30 feetft.)

BOATHOUSES (2)(5)(6)(8)(9)(10) (13)(15)(16)(17)(18)(19)

Maximum Length 15.2 m (50 feetft.)

15.2 m (50 feetft.)

– 15.2 m (50 feetft.)

15.2 m (50 feetft.)

15.2 m (50 feetft.)

– 15.2 m (50 feetft.)

Maximum

Cumulative Width (12)

16% 12% – 12% 16% 12% – 12%

Habitable Floor Area

No No – No No No – No


– – – – – – – –


– – – – – – – –

Maximum Height 4.9 m (16 feet) (with no floor)


floor)


floor)4.9 m (with no

floor)



floor)



floor)


floor)4.9 (with no floor)


1 Storey (8)(11) 9.1 m

(30 feet) (8)(11)

9.1 m

(30 feet) (8)(11)9.1

m

(8)(11)

- 9.1 m

(30 feet) (8)(11)9.1 m

(8)(11)

9.1 m

(30 feet) (8)(11)9.1 m

(8)(11)

9.1 m

(30 feet) (8)(11)9.1 m

(8)(11)

- 9.1 m

(30 feet) (8)(11)9.1 m

(8)(11)

2 Storey and/or

where roof is sundeck (8)(11)

13.7m

(45 ft.) (11)

13.7m

(45 ft.) (11)13.7m

(11)

- 13.7m

(45 ft.) (11)13.7m

(11)

13.7m

(45 ft.) (11)13.7m

(11)

13.7m

(45 ft.) (11)13.7m

(11)

- 13.7m

(45 ft.) (11)13.7m

(11)


of 379



60


pt

TABLE 4.1.7

ACCESSORY STRUCTURES OVER WATER

91.4 m (300 ft.) to < 122 m (400 ft.) and 122 m (400 ft. or over)

Lot Frontage 91.4 (300 ft.) to <122 metresm (400 ft.) 122 metresm (400 ft.) or over


1 Category

2 Category

3 Category

4 Category

1 Category

2 Category

3 Category

4

DOCKS (2)(3)(17)(18)(19)


20.1 m (66 ft.)20.1

m

20.1 m (66 ft.)20.1 m

20.1 m (66 ft.)20.1 m

20.1 m (66 ft.)20.1 m

20.1 m (66 ft.)20.1 m

20.1 m (66 ft.)20.1 m

20.1 m (66 ft.)20.1 m


22.9 m (75 ft.)

15% up to 15.2 m (50 ft.)

5% 15% up to 15.2 m (50 ft.)

22.9 m (75 ft.)

15.2 m (50 ft.)

6.1 m (20 ft.)

15.2 m (50 ft.)

Minimum Sideyard Setbacks (11) (11)(14)

9.1 m (30 ft.)

9.1 m (30 ft.)9.1 m

9.1 m (30 ft.)9.1 m

9.1 m (30 ft.)9.1 m

9.1 m (30 ft.)9.1 m

9.1 m (30 ft.)9.1 m

9.1 m (30 ft.)9.1 m

9.1 m (30 ft.)9.1 m

BOATHOUSES (2)(5)(6)(8)(9)(10)(13)(15)(16)(17)(18)(19)


15.2 m (50 ft.)15.2

m

– 15.2 m (50 ft.)15.2 m

15.2 m (50 ft.)15.2 m

15.2 m (50 ft.)15.2 m

– 15.2 m (50 ft.)15.2 m


16% for 1 first storeys/ 13% for 2 second storeys

12% – 12% 16% up to 22.9 m (75

ft.) for 1 first storeys/

13% up to 22.9 m

(75 ft.)for 2 second storeys

12% up to 15.2 m (50 ft.)

– 12% up to 15.2 m (50 ft.)

Habitable Floor Area Yes No – No Yes No – No


60.4 m2

(650 ft.²) (7)

– – – 60.4 m2

(650 ft.²) habitable

floor area and covered area

up to max 23.2 m2 (250 ft.²)

(7)

– – –


Max 10.7 m (35 ft.)

from high water mark

– – – – – – –


4.9 m (16 ft.)

(with no floor)

– 4.9 m (16 ft.) (with no

floor)4.9 m (with no floor)

7.5 6 m (25 ft.)

4.9 m (16 ft.)

(with no floor)4.9 m

(with no floor)

– 4.9 m (16 ft.) (with no floor)4.9

(with no floor)

Minimum Side Yard Setbacks (Boathouse) (1)(4)(8)(11)(14)(14)

1 Storey (8)(11) 9.1 m (30 ft.) (8)(11)

9.1 m (30 ft.)

(8)(11)9.1 m (8)(11)

- 9.1 m (30 ft.)

(8)(11)9.1 m (8)(11)

9.1 m (30 ft.)

(8)(11)9.1 m (8)(11)

9.1 m (30 ft.)

(8)(11)9.1 m (8)(11)

- 9.1 m (30 ft.)

(8)(11)9.1 m (8)(11)


13.7 m (45 ft.) (11)

13.7 m (45 ft.)

(11)13.7m (11)

- 13.7 m (45 ft.)

(11)13.7m (11)

13.7 m (45 ft.)

(11)13.7m (11)

13.7 m (45 ft.)

(11)13.7m (11)

- 13.7 m (45 ft.)

(11)13.7m (11)


of 379



61


pt

*See referenced provisions on the following page.

(1) See 4.1.7.1 (7) See 4.1.7.7 (13) See 4.1.7.13 (2) See 4.1.7.2 (8) See 4.1.7.8 (14) See 4.1.7.14 (3) See 4.1.7.3 (9) See 4.1.7.9 (15) See 4.1.7.15 (4) See 4.1.7.4 (10) See 4.1.7.10 (16) See 4.1.7.16 (5) See 4.1.7.5 (11) See 4.1.7.11 (17) See 4.1.7.17 (6) See 4.1.7.6 (12) See 4.1.7.12 (18) See 4.1.7.18 4.1.7 ACCESSORY STRUCTURESSTRUCTURES OVER WATER

PROVISIONS

4.1.7.1 No part of any dock or boathouse shall be erected within the side yard distance indicated in the table from the side lot line and rear lot line and any 30.5 metresm (100 ft.) straight line projection thereof from the high water mark.

4.1.7.2 A dock is permitted to extend from or to be located in the front yard of a

lot. Any portion of the dock structure extending onto the land above the high water mark is deemed to be a sundeck and is permitted to extend into the front yard of a lot a maximum of 3.1 metresm (10 ft.) and only directed directly behind the envelope described in Section 4.1.7.3.Footnote 3.

4.1.7.3 A dock shall only be constructed within one or more building envelope(s)

to be bounded as follows: - firstly, a line drawn in the navigable waterway 20.1 metresm (66 ft.)

from the high water mark; - secondly, by two parallel lines, one being perpendicular to the high

water mark, which are no farther apart than the permitted maximum cumulative width whichever is lesser,

- thirdly, by the high water mark. 4.1.7.4 For the purpose of this By-law a boathouse which has a second storey, or

any part thereof, shall be deemed to be a two storey boathouse and no part of the two storey portion of the boathouse shall be erected within 13.7 metresm (45 ft.) of the side lot line and rear lot line and any 30.5 metre m (100 ft.) straight line projection thereof.

4.1.7.5 A boathouse in a Waterbody Open Space zone (WOS) is permitted to

extend into the front yard of a lot a maximum of 3.1 metresm (10 ft.) provided it is not connected to a dwelling.

4.1.7.6 A boathouse shall not contain a dwelling unit. 4.1.7.7 For lots with 91.4 metresm (300 ft.) of lot frontage to less than 122

metresm (400 ft.) of lot frontage the maximum size of all second storeys of a boathouse is 60.4 m² (650 ft.²) square metres which can be habitable floor area, covered area, or any combination thereof.


of 379



62


pt

For lots with 122 metresm (400 ft.) or more of lot frontage, the maximum size of all second storeys of a boathouse is 60.4 square metresm² (650 ft.²) which can be habitable floor area, covered area, or any combination thereof plus a maximum of 23.2 square metresm² (250 ft.²) of covered area.

4.1.7.8 Any part of a boathouse which exceeds 4.9 metresm (16 ft.) in height, or where the roof is capable of being usedused as a sundeck, shall be a minimum of 13.7 metresm (45 ft.) from the side lot line and rear lot line and any 30.5 m (100 ft.)etre straight line projection thereof. A sundeck or balcony in conjunction with the second storeystorey of a boathouse is permitted as part of the boathouse.

4.1.7.9 A boathouse shall only be constructed within one or more building

envelopes to be bounded as follows: - firstly a line drawn in the navigable waterway 15.2 metresm (50 ft.) from

the high water mark; - secondly by two parallel lines, one being perpendicular to the high water

mark which are no farther apart than the permitted maximum cumulative width, whichever is lesser; and,

- thirdly, by the high water mark. 4.1.7.10 The minimum lot frontage required for a two storeystorey boathouse is

91.4 metresm (300 ft.). Two storeystorey boathouses are only permitted on Category 1 (Large) Lakes.

4.1.7.11 The side yard setback for docks and boathouses which existed prior to

January 3, 2005, which are considered legal non-complying due to an encroachment into the minimum side yard setbacks shall be the greater of:

a) the setback existing on that date or, b) a minimum of 4.6 metresm (15 ft.) for a dock or boathouse less

than 4.9 metresm (16 ft.) in height or, c) a minimum of 9.1 metresm (30 ft.) for a two storeystorey

boathouse or a boathouse with a roof capable of being usedused as a sundeck.

4.1.7.12 Cumulative width of docks and boathouses a) the total cumulative width on a lot shall not exceed the limits in

the Ttable 4.1.7 or 22.9 metresm (75 ft.), whichever is lesser; and,


of 379



63


pt

b) when a lot has more than one lot frontage the maximum permitted cumulative width shall be the maximum permitted in the tableTable 4.1.7 or 22.9 metresm (75 ft.), whichever is lesser. The cumulative width for each separate lot frontage on the lot shall not exceed the requirements of the tableTable 4.1.7 for each lot frontage.

c) the maximum cumulative width of a two storeystorey boathouse

refers to the second storeystorey or portion exceeding 4.9 metresm (16 ft.) in height only. The maximum cumulative width is 16% for the lower storeystorey and 13% for the upper storeystorey and where so limited each to a maximum of 22.9 metresm (75 ft.)..

4.1.7.13 All provisions in this by-law related to boathouses also apply to boatports.

4.1.7.14 4.1.7.15 4.1.7.16 4.1.7.17 4.1.7.1718

For the purpose of measuring the sideyard setback from the 30.5 metresm (100 ft.) straight line projection, it shall be the required minimum distance measured perpendicular to the projected line. Structures and alterations on the second storeystorey of a two storeystorey boathouse, where permitted, are limited to a sleeping cabin, covered area and sundeck (with no structure above). The useuse of the first storeystorey of any boathouse is limited to:

i) i) The berthing and sheltering of boats or other marine related equipment;

ii) ii) A washroom which does not exceed 4.6 square metresm² (50 ft².) in floor area;

iii) iii) A utility room for electrical panels, water supply equipment

and plumbing related to sewage disposal not exceeding 4.6 square metresm² (50 ft.²) in floor area; and

iv) iv) The washroom and utility room noted above are the only

permitted separate rooms in the first storeystorey of a boathouse.

A hot tub shall not be permitted on a dock or boathouse.

In the case of a sun shelter;

i) i) A sun shelter shall not contain habitable floor area or be screened or glassed;

i)


of 379



64


pt

4.1.7.1819

ii) The maximum permitted gross floor area shall be 18.6 m²

(200 ft.²);

iii) ii) The maximum permitted gross floor area shall be 18.6

square metres; iv) iii) iii) The sun shelter shall not exceed a height of 4.6 m (15 ft.);

iv) No part of any sun shelter shall extend beyond 10.7 m

(35 ft.) from the high water mark; and

v) A sun shelter shall not be permitted on a Category 3 lake; and The sun shelter shall not exceed a height of 4.5 metres; iv) No part of any sun shelter shall extend beyond 10.7 metres from the high water mark; and

v) A sun shelter shall comply with all other provisions regulating a

v)vi) boathouse. For those portions of land fronting onto a restricted waterbody and zoned with a “-R” suffix to the zone symbol, a dock, boathouse, boatport, or sun shelter may be located in the abutting Waterbody Open Space (WOS) zone and subject to the following additional provisions:

i) The maximum length of a dock, measured from the high water mark, is the lesser of 12.2 metresm (40 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject dock to the closest shoreline of another lot opposite the subject dock;

ii) The maximum length of a boathouse, boatport or sun shelter, measured from the high water mark, is the lesser of 10.7 metresm (35 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject boathouse to the closest shoreline of another lot opposite the subject boathouse;

iii) A two storeystorey boathouse is not permitted; and

iv) A single storeystorey boathouse, boatport or sun shelter where the roof is capable of being usedused as a sundeck shall not be permitted.

4.1.7.198 SHORELINE BUFFER

Within the front yard setback, an area of land 15.2 m (50 ft.) wide abutting and running parallel to the high water mark shall contain a shoreline buffer. This provision applies to all lots on which development takes place within 60.1 m (200 ft.) of the high water mark after December 21, 1998.


of 379



65


pt

4.1.89 CLASSIFICATION OF LAKES The classification of lakes and rivers referred to in this by-law is as listed in Table

1 on the following page on Table 1 to this by-law. Any reference to a category in this by-law is a reference to the category as determined by Table 1 on the following page.Table 1.


of 379



66


pt

The following table refers to Lake Classification. For the purposes of this By-law, Lakes are categorized based on a

number of factors, including size and health, which is carried through in the specific zones of the properties surrounding each lake.

TABLE 1 - TABLE 1 - CLASSIFICATION OF LAKES

Category 1 Category 2 Category 3 Category 4



Special Lakes Over ThresholdCapacity

Lake Joseph (incl. Joseph

River, Little Lake

Joseph) Lake Muskoka

(incl. Indian River, Dark Lake, Mirror

Lake) Lake Rosseau




Gullwing Lake Henshaw Lake Hessner’s Lake




Skeleton Lake

Thorne Lake









Eaton Lake

Echo/Resound L. Gagnon Lake

Haggart Lake Haighton Lake

Hardy Lake Hart Lake

Harts Lake

Island Lake Leech Lake



Marion Lake Mary Jane Lake McCaffery Lake Mosquito Lake

Narrow Lake Neilson Lake

Neipage Lake O’Kane Lake Ottaway Lake

Pennsylvania Lake Roderick Lake

Round Lake Sawyer Lake Shaw Lake






Water Lily Lake

Wier Lake Woodland Lake

Woods Lake Young Lake

Clear Lake

HHigh Lake



Silver Lake Stewart Lake

Three Mile Lake


of 379



67


pt

4.2 WATERFRONT COMMERCIAL ZONES 4.2.1 Permitted Main Uses No personperson shall, in any Waterfront Commercial Zone, use any lot or erect,

locate, alter or use any building or structure for any purpose except in accordance with the following applicable zones in Table 4.2.1:

TABLE 4.2.1 – WATERFRONT COMMERCIAL ZONE, PERMITTED MAIN USES

PERMITTED MAIN USES



MARINA TENT & TRAILER PARK

PRIVATE CAMP



WC1, WC1A1, 2, 3, 4

WC1B WC2 WC3

WC4, WC4A.5, 1,

1.5, 2

WC4B WC41B1

WC5 WC6 WC7


CONVENIENCE STORE X X

RESIDENTIAL DWELLING UNIT X

GOLF COURSE X


HOTEL X

MARINA X

MOTEL X

OFFICE X X


PRIVATE CAMP X X

RESTAURANT X X

RETAIL STORE X X


TOURIST RESORT X



of 379



68


pt

4.2.2 Permitted Accessory UseAccessory Uses No personperson shall, in any Waterfront Commercial Zone, construct an accessory

useAccessory Use on any property unless a main use / permitted use has been established on the property and in accordance with the following applicable zones in Table 4.2.2:

TABLE 4.2.2 – WATERFRONT COMMERCIAL, PERMITTED ACCESSORY USES



MARINA TENT & TRAILER PARKS

PRIVATE CAMPS




ACCESSORY USEACCESSORY USES

WC1, WC1A1, 2, 3, 4

WC1B

WC2

WC3

WC4, WC4A.5, 1, 1.5, 2

WC4B

WC4B1

WC5

WC6

WC7

ARTIST STUDIO X X X X X X X CONVENIENCE

STORE X X X

CULTURAL CENTRE

X X X X X X X


X X X X X X

GOLF COURSE X X HOME BASED

BUSINESS X X X X

MARINA X X OPEN SPACE

RECREATION X X X X X X X

PARKING AREAS X X X X X X X PARKING SPACES

X X X X X X X


X

RETAIL STORE X X RESTAURANT X X X

ROOFED RECREATION

FACILITY X X X X X X

STAFF QUARTERS

X X X X X

STORAGE FACILITIES

X X X X X X X

TUCK SHOP X X WASTE

TREATMENT FACILITY

X X

OFFICE X X X X X X X



of 379



69


pt


No personperson shall, in any Waterfront Commercial Zone, use any lot or erect, locate, alter or use any building or structure except in accordance with the following requirements in Table 4.2.3 and the applicable Special Provisions:

TABLE 4.2.3 – WATERFRONT COMMERCIAL ZONE PROVISIONS

LO

T

RE

QU

IRE

ME

NT

S

ZONE

RESORT WATERFRONT COMMERCIAL

RESORT COMMERCIAL

BACKLOT MARINA

TENT AND

TRAILER PARK

TENT AND TRAILER

PARK AND PRIVATE

CAMP

PRIVATE CAMP

BACKLOT


WC1 WC1A1

WC1A2 WC1A3

WC1A4 WC1B

WC1B1 (1)

WC2 WC3

WC4 WC4A.5 WC4A1

WC4A1.5 WC4A2

WC4B WC4B1

WC5 WC6

WC7 WC (1)

Minimum. Lot

Frontage (m)

152.4 m

(500 ft.)

76.2 m (250 ft.)

152.4 m

(500 ft.)

--- --- 76.2 m (250 ft.)

(2)

91.4 m

(300 ft.)

152.4 m

(500 ft.) --- --- (4)

91.4 m (300 ft.) (8) (11)

---

Minimum. Lot Area

(ha)

2.0 ha. (5 ac.)

0.8 ha. (12 ac.)

2.0 ha. (5 ac.)

4.0 ha. (10 ac.)

--- 0.8 ha. (12 ac.)

2.0 ha. (5 ac.)

2.0 ha. (5 ac.)

4.0 ha. (10 ac.)

--- (4) 0.65 ha. (1.5 ac.)

(9) ---

Maximum. Lot

Coverage (%)

10% 10% 10% 1% --- 20% 10% 10% 1% 35% 5% (7) ---

Minimum. Front Yard Setback

(m)

20.1 m (66 ft.)

20.1 66 ft.)

(3)

20.1 66 ft.)

(3)20.1 (3)

20.1 66 ft.)

(3)20.1 (3)

--- --- 20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

10.7 m (35 ft.)

(5)

30.5 m (100 ft.)

(6) ---

Minimum. Interior

Side Yard (m)

9.1 m

(30 ft.)

9.1 m (30 ft.)

(3)

9.1 m (30 ft.)

(3)

9.1 m (30 ft.)

(3) ---

9.1 m

(30 ft.)

30.5 m

(100 ft.)

30.5 m

(100 ft.)

30.5 m

(100 ft.)

3.1 m

(10 ft.)

15.2 m (50 ft.)

(6) ---

Minimum. Exterior

Side Yard

(m)

20.1 m (66 ft.)

20.1 m (66 ft.)

(3)

20.1 m (66 ft.)

(3)

20.1 m (66 ft.) (3)20.1

(3)

--- 20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66 ft.)

20.1 m (66

ft.)20.1

3.1 m (10 ft.)

15.2 m (50 ft.)

(6) ---

Minimum. Rear Yard

(m)

15.2 m

(50 ft.)

15.2 m

(50 ft.)

15.2 m

(50 ft.)

15.2 m

(50 ft.) ---

15.2 m

(50 ft.)

30.5 m

(100 ft.)

30.5 m

(100 ft.)

30.5 m

(100 ft.)

7.6 m

(25 ft.)

15.2 m (50 ft.)

(6) ---

Maximum.

Height (m)

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

--- 10.7 m (35 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m

(30 ft.) (10)

---

(1) See 4.2.4.1 (7) See 4.2.4.7 (2) See 4.2.4.2 (8) See 4.2.4.8 (3) See 4.2.4.3 (9) See 4.2.4.9 (4) See 4.2.4.4 (10) See 4.2.4.10 (5) See 4.2.4.5 (11) See 4.2.4.11 (6) See 4.2.4.6 4.2.4 WATERFRONT COMMERCIAL ZONE PROVISIONS

4.2.4.1 No personperson shall, within a Resort Commercial Backlot 1 (WC1B1) or

within a Waterfront Special Lakes Commercial (WC) Zone useuse any lot except for those uses, which existed on the date of passing of this By-law, which uses shall not be extended by the erection of further buildings or


of 379



70


pt

structures or additions to existing buildings or structures.

4.2.4.2 For lots zoned WC2 on the date of passing of this By-law the minimum lot frontage requirement shall be 76.2 m (250 ft.)5 metres (or the lot frontage which existed on the date of passing of this By-law, whichever is less.

4.2.4.3 See Provision 4.2.10.h, 4.2.11.c, 4.2.11.f., . 4.2.4.4 The minimum lot frontage and lot area requirements are the dimensions of

that lot which existed on the date this by-law was passed. 4.2.4.5 For the purposes of this by-law, the front lot line shall be the high water

mark and the rear lot line shall be the street in the case of a through lot. Where the front lot line is a street, the front yard setback shall be 7.6 metresm (25 ft.).

4.2.4.6 For lots zoned Waterfront Contractors Commercial (WC7) with a

residentialresidential use, the residentialresidential use shall have a minimum front yard setback of 10.7 metresm (35 ft.), a minimum side yard setback of 4.6 metresm (15 ft), and a minimum rear yard setback of 4.6 metresm (15 ft.).

4.2.4.7 For lots zoned Waterfront Contractors Commercial (WC7) with a

residentialresidential use, the maximum total lot coverage shall be 5% for the commercial use and 10% in total for both uses.

4.2.4.8 For lots zoned Waterfront Contractors Commercial (WC7), the minimum lot

frontage requirement shall be 91.4 metresm (300 ft.) or the lot frontage which existed on the date of the passing of this by-law.

4.2.4.9 For lots zoned Waterfront Contractors Commercial (WC7), the minimum lot

area requirement shall be 0.6 hectares (1.5 acres) or the lot area which existed on the date of the passing of this by-law.

4.2.4.10 For commercial buildings over 6.1 metresm (200 ft.) in heightheight, the

minimum front yard setback shall be 30.5 metresm (100 ft.).. 4.2.4.11 The lot shall abut a street maintained year round by a Public Authority.

4.2.5 FRONT YARDYARD EXEMPTIONS The following buildings and structures are exempt from the front yard requirements: i.) Landings, rampramps and stairs. ii.) pumphouses, saunas and gazebos not exceeding 4.6 metresm (15 ft.) in

height.

ii.)iii.) Sundecks, but must have a minimum setback of 15.2 m (50 ft.) from the high water mark.

4.2.6 DWELLING UNIT


of 379



71


pt

Where an accessory ResidentialResidential use is permitted, if it is located in a non-

residentialresidential building it shall conform with General Provision 3.1920, dwelling unit in a Non-ResidentialResidential building.

4.2.7 LANDSCAPED BUFFERLANDSCAPED BUFFER Where a Waterfront Commercial Zone abuts a ResidentialResidential Zone, 6.1

metresm (20 ft.) of the required yard abutting that zone, shall be usedused and maintained as landscaped buffer. (See Section 4.2.10.gf for landscaped buffer requirement in a WC1A4 zone)

4.2.8 STRUCTURESSTRUCTURES OVER WATER A boathouse, boatport, sun shelter and dock may be located in a Waterbody Open

Space Zone (WOS) where it abuts a Waterfront Commercial Zone or in a Waterfront Commercial Zone (WC), provided it is an accessory useAccessory Use to the main permitted use and is subject to the the following:

a) In the case of a dock i) No part of any dock shall extend beyond 24.4 metresm (80 ft.) from the

high waterr mark;

i)ii) No part of any dock shall be erected within 9.1 metresm (30 ft.) of the side

or rear lot line or any 30.1 metre (100 ft.) straight line projection thereof from the high water mark; or when a commercial lot abuts another commercial lot such side yard may be a minimum of 4.6 metresm (15 ft.);

ii)iii) a dock is permitted to extend from or be located within the front yard

of a lot a maximum of 3 metresm (10 ft.);

iii)iv) the total cumulative width of docks and boathouses on a lot shall not

exceed 25% of the lot frontage, excluding docks and boathouses in a Waterfront Commercial – MarinaMarina (WC2) Zone which shall not exceed 75%; and,

iv)v) Subsection 4.2.8(a)(iv) shall not apply to: the Lake Joseph Club,

Muskokan Resort Club and Ferndale Resort provided any new docks and boathouses conform to the requirements of the Official Plan.

b) In the case of a boathouse; i) No part of any boathouse shall extend beyond 15.2 metresm


frontage or 15.2 metresm (50 ft.) whichever is greater, excluding boathouses in a Waterfront Commercial -


of 379



72


pt

MarinaMarina (WC2) Zone which shall not exceed 75%; iii) The boathouse shall not exceed a height of 7.6 metresm (25

ft.); and, iv) No part of any single storeystorey boathouse shall be erected

within 9.1 metresm (30 ft.) or two storeystorey boathouse within 13.7 metresm (45 ft.) of the side or rear lot line or any 30.5 metre (100 ft.) straight line projection thereof, from the high water mark; or when a commercial lot abuts another commercial lot such side yard may be a minimum of 4.6 metresm (15 ft.); and,

v) a boathouse is permitted to extend from or be located in the front yard of a lot a maximum of 3 m (10 ft.).




ii) The maximum permitted gross floor area shall be 18.6 m² (200 ft.²)square metres;;

iii) The sun shelter shall not exceed a height of 4.5 metresm (15 ft.);

iv) No part of any sun shelter shall extend beyond 10.7 metresm (35 ft.) from the high water mark; and,

i)v) A sun shelter shall comply with all other provisions




water mark, is the lesser of 12.2 metresm (40 ft.) (or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject dock to the closest shoreline of another lot opposite the subject dock;

ii) The maximum length of a boathouse, boatport or sun shelter, measured from the high water mark, is the lesser of 10.7 metresm (35 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject boathouse to the closest shoreline of another lot opposite the subject boathouse;


i)iv) A single storeystorey boathouse, boatport or sun shelter

where the roof is capable of being usedused as a sundeck


of 379



73


pt

shall not be permitted. 4.2.9 PARKING AND LOADING See General Provisions 3.289 and 3.29 30 for Parking and Loading Requirements. 4.2.10 SPECIAL PROVISIONS: RESORT COMMERCIAL WATERFRONT (WC1, WC1A1,

WC1A2, WC1A3, WC1A4) The following requirements are applicable in these zones: a. For the purposes of this By-law limited development shall mean that properties

zoned WC1 (undersized lots) will be limited to a development allowance of 46.5 square metresm² (500 ft.²) of gross floor area for each 0.4 hectaresa. (1 ac.) of land zoned WC1.

b. For the purposes of this By-law limited development shall mean that properties zoned WC1A1 will be limited to a development allowance of 93 m² square metres (1000 ft²) of gross floor area for each 0.4 hectaresha. (1 ac.) of land zoned WC1A1.

c. For the purposes of this By-law limited development shall mean properties

zoned WC1A2 will be limited to a development allowance of 185.8 m²square metres (2000 ft.²) of gross floor area for each 0.4 hectares ha. (1 ac.) of land zoned WC1A2.

d. For the purposes of this By-law limited development shall mean that properties zoned WC1A3 will be limited to a development allowance of 278.7 m² square metres (3000 ft²) of gross floor area for each 0.4 hectares ha. (1 ac.) of land zoned WC1A3.


properties zoned WC1A4 will be limited to a development allowance of 371.6 square metres m² (4000 ft.²) of gross floor area for each 0.4 hectares (1 ac.) of land zoned WC1A4.

f. Where a Resort Commercial (WC1A3) Zone abuts a ResidentialResidential

Zone, 6.1 metresm (20 ft.) of the required interior yard abutting that zone shall be planted and maintained as a landscaped buffer.

g. Where a Resort Commercial (WC1A4) Zone abuts a ResidentialResidential

Zone, 9.1 metresm (30 ft.) of the required interior yard abutting that zone shall be planted and maintained as a landscaped buffer.

h. In a WC1A4 Zone, no roofed recreation facility is permitted within 30.5

metresm (100 ft.) of a ResidentialResidential Zone, a legally existing residentialresidential property or a high water mark.

4.2.11 SPECIAL PROVISIONS: RESORT COMMERCIAL BACKLOT (WC1B, WC1B1)

The following requirements are applicable in this zone:


of 379



74


pt

a. The maximum gross floor area allowed for all permitted uses on a lot in a WC1B zone is limited to 1% of the lot area zoned WC1B to a maximum of 4046.7 square metres.m² (43,560 ft.²).

b. On properties larger than 40.5 hectares ha. (100 acres) the maximum gross

floor area allowed for all permitted usesuses on a lot in a WC1B zone is limited to 1% of 40.5 ha. (100 acres).ectares.

c. The interior side yard in a WC1B zone, which abuts any zone other than a

residentialresidential zone shall be 9.1 metresm (30 ft.). d. No building shall be erected in any part of the area or areas zoned Resort

Commercial Backlot (WC1B) within a tourist resort, hotel or motel such that the cumulative gross floor area of all buildings within that zone in that tourist resort, hotel or motel exceeds 4046.7 square metresm² (43,560 ft.²).

e. No uses are permitted on a lot or a part of a lot zoned Resort Commercial

Backlot (WC1B) unless such lot is part of a tourist resort, hotel or motel, which also includes a lot or a part of a lot zoned Resort Commercial Waterfront.

f. In a Resort Commercial Backlot Zone (WC1B) no roofed recreation facility is

permitted within 30.5 metresm (100 ft.) of a ResidentialResidential Zone, a legally existing residentialresidential property or a high water mark.

g. No personperson shall, within a Resort Commercial Backlot 1 (WC1B1) Zone use any lot except for those uses, which existed on the date of passing of this By-law, which uses shall not be extended by the erection of further buildings or structures or additions to existing buildings or structures.

4.2.12 SPECIAL PROVISIONS: WATERFRONT COMMERCIAL - MARINAMARINA (WC2) The following specific requirements are applicable in this zone: a. A detached dwelling unit may be erected if it is located a minimum of 20.1

metresm (66 ft.) from the high water mark. b. No boat storage facilitystorage facility exceeding a height of 7.6 metresm (25

ft.) may be erected within 30.5 metresm (100 ft.) of the high water mark.

4.2.13 SPECIAL PROVISIONS: TENT AND TRAILER PARKTENT AND TRAILER PARK

(WC3) The following specific requirements are applicable in this zone: a. Minimum lot frontage per campsite – 3.1 metresm (10 ft.).

b. No campsite may be located within 30.5 metresm (100 ft.) of any lot line or the present high water mark.

c. Minimum area of each campsite – 232.3 square metres m² (2500 ft.²). d. Housekeeping units and cabins may be erected and usedused only in

accordance with the following requirements:


of 379



75


pt

i) minimum lot area per cabin located on the lot – 464.5 square metresm² (5000 ft.²);

ii) maximum floor area per cabin – 93 square metresm² (1000 ft.²); iii) minimum lot area per housekeeping unit – located on the lot –

696.8 square metres m² (7500 ft.²); iv) maximum floor area per housekeeping unit – 111.5 square

metresm² (1200 ft.²); and,

v) total number of housekeeping units and cabins on a lot shall not exceed 10% of the number of developed campsites on a lot.

e. The total lot size requirement is the sum of the requirements for each


e.f. New tent and trailer parks shall not be permitted on Lake Joseph, Lake Rosseau and Lake Muskoka.

f. New tent and trailer parks shall not be permitted on Lake Joseph, Lake

Rosseau and Lake Muskoka.

4.2.14 SPECIAL PROVISIONS: PRIVATE CAMPPRIVATE CAMPS WATERFRONT (WC4, WC4A.5, WC4A1, WC4A1.5, WC4A2)

The following specific requirements are applicable in this zone: a. For the purposes of this By-law limited development shall mean that

properties zoned WC4 will be limited to a development allowance of 23.2 square metresm² (250 ft.²) of gross floor area for each 0.4 hectares ha. (1 ac.) of land zoned WC4.

b. For the purposes of this By-law limited development shall mean that

properties zoned WC4A.5 will be limited to a development allowance of 46.5 square metresm² (500 ft.²) of gross floor area for each 0.4 hectares ha. (1 ac.) of land zoned WC4A.5.

c. For the purposes of this By-law limited development shall mean that properties zoned WC4A1 will be limited to a development allowance of 93 m² (1000 ft.²) square metres of gross floor area for each 0.4 hectares ha. (1 ac.) of land zoned WC4A1.

d. For the purposes of this By-law limited development shall mean that

properties zoned WC4A1.5 will be limited to a development allowance of 139.4 square metresm² (1500 ft.²) of gross floor area for each 0.4 hectares ha. (1 ac.) of land zoned WC4A1.5.


properties zoned WC4A2 will be limited to a development allowance of 185.8 square metresm² (2000 ft.²) of gross floor area for each 0.4 hectares ha. (1 ac.) of land zoned WC4A2.


of 379



76


pt

f. Minimum lot frontage per campsite – 3.1 metresm (10 ft.).

g. No campsite may be located within 30.5 metresm (100 ft.) of any lot line or the present high water mark.

h. Minimum area of each campsite – 232.3 square metres. m² (2500 ft.²).

4.2.15 SPECIAL PROVISIONS: PRIVATE CAMPPRIVATE CAMPS BACKLOT (WC4B,

WC4B1)

The following specific requirements are applicable in this zone: a. The maximum gross floor area allowed for all permitted usesuses on a lot in

a WC4B Zone or in a WC4B1 Zone is limited to 1% of the lot arealot area zoned WC4B or WC4B1 to a maximum of 4046.7 square metresm² (43,560 ft.²).

b. On properties larger than 40.5 hectaresha. (100 ac.) the maximum gross floor area allowed for all permitted usesuses on a lot in a WC4B Zone or in a WC4B1 Zone is limited to 1% of 40.5 hectares.a. (100 ac.).

c. Minimum lot frontage per campsite – 3.1 metresm (10 ft.).

d. No campsite may be located within 30.5 metresm (100 ft.) of any lot line or

the present high water mark.

e. Minimum area of each campsite – 232.3 square metres. m² (2500 ft.²).

4.2.16 SPECIAL PROVISIONS: WATERFRONT CONTRACTORS (WC7) The following specific requirements are applicable in this zone: a. Open storage areas shall be limited to a maximum of 1% of the total lot

area. Open storage must comply with all setbacksetback requirements for commercial use.


of 379



77


pt

4.3 WATERFRONT LANDING ZONES 4.44.3 4.3.1 Permitted UsesUses

No personperson shall within the Waterfront Landing Zone (WL) use any lot or erect,

locate, alter or use any building or structure for any purpose except in accordance with the following permitted use:

a. Waterfront landing with associated parking area; b. A single storeystorey private garage or storage shed; and,

c. Boathouse or dock.

4.3.2 Permitted StructuresStructures

Buildings and structures permitted in a Waterfront Landing Zone (WL) are limited to the following:

a. A single storeystorey private garage or a storage shed; and b. Boathouse, and

c. Dock.


No personperson shall within the Waterfront Landing Zone (WL) use any lot, or erect, locate, alter or use any building or structure for any purpose except in accordance with the following requirements noted in Table 4.3.3:

TABLE 4.3.3

TABLE 4.3.3 – WATERFRONT LANDING ZONE PROVISIONS

LOT REQUIREMENTS

ZONES

WL (3)(4)

Minimum Lot Frontage 22.9 m

(75 ft.)

Minimum Lot Area 0.1 ha

(0.25 ac.) (1)




4.6 m (15 ft.)


9.1 m (30 ft.)


(15 ft.)

Maximum Height 6 m (20 ft.)

Maximum Dock Size 1 boat slip per 4 m (13 ft.) of lot frontage

Maximum Disturbed Site Area

50% incl. parking and driveways


of 379



78


pt

LOT REQUIREMENTS

ZONES

WL (3)(4)

Minimum Lot Frontage 22.9 m

Minimum Lot Area 0.1 ha (1)


Minimum Front Yard Setback 20.1 m

Minimum Interior Side Yard

Setback

4.6 m


9.1 m


Maximum Height 6 m

Maximum Dock Size 1 boat slip per 4 metres of lotfrontagelot frontage

Maximum Disturbed Site

Area

50% incl.

parking and driveways

(1) See 4.3.4.1 (3) See 4.3.4.3

See 4.3.4.2 (4) See 4.3.4.4

(1) (2) (1) See 4.3.4.1 (3) See 4.3.4.3 (2) See 4.3.4.2 (4) See 4.3.4.4. (2) See 4.3.4.3 (3) See 4.3.4.4

4.3.4 WATERFRONT LANDINGWATERFRONT LANDING ZONE PROVISIONS

4.3.4.1 A lot area maximum of 1.2 hectares ha. (3 ac.) applies to the Waterfront

LandingWaterfront landing (WL) Zone. 4.3.4.2 A maximum area of 50% of the lot including parking and driveways can be a

disturbed site area.


of 379



79


pt

4.3.4.3 For lots zoned WL on the date of passing of this By-law, the minimum lot frontage and lot area requirements are deemed to comply.

4.3.4.4 A minimum of two (2) vehicle parking spaceparking areas are required per boat slip which are subject to a minimum front yard setbacksetback of 15.2 metresm (50 ft.).

4.3.5 STRUCTURESSTRUCTURES OVER WATER A boathouse or dock may be located in a Waterbody Open Space Zone

(WOS) where it abuts a Waterfront LandingWaterfront landing (WL) Zone or in a Waterfront LandingWaterfront landing Zone (WL) provided that:

a. In the case of docks i) No part of any dock shall extend beyond 20.1 m (66 ft.)

metres in the water from the high water mark; ii) No part of any dock shall be erected within 9.1 metresm

(30 ft.) from the side or rear lot line or any 30.5 metre (100 ft.) straight line projection thereof, from the high water mark; and,

iii) The dock is permitted to extend from or to be located in

the front yard of a lot, a maximum distance of 3 metresm (10 ft.).

b. In the case of a boathouse i) No part of any boathouse shall extend beyond 15.2

metresm (50 ft.) from the high water mark; ii) The total boathouse width shall not exceed 25 percent%

of the lot frontage or 7.6 metresm (25 ft.), whichever is greater;

iii) The boathouse shall not include a second storeystorey; iv) No part of a boathouse shall be erected within 9.1

metresm (30 ft.) from the side or rear lot line or any 30.5 metre (100 ft.) straight line projection thereof, from the high water mark;

v) The boathouse is permitted to extend from or to be

located in the front yard of a lot, a maximum distance of 3 metresm; and,

vi) The boathouse shall not contain a dwelling unit or

sleeping cabin.


of 379



80


pt

4.3.6 LANDSCAPED BUFFERLANDSCAPED BUFFER i.) Where a Waterfront LandingWaterfront landing (WL) zone

abuts any ResidentialResidential Zone, 3.1 metresm (10 ft.) of the required yard abutting that ResidentialResidential zone shall be usedused and maintained as a landscaped buffer.

ii.) Where a Waterfront LandingWaterfront landing (WL) Zone

abuts any Waterbody Open Space (WOS) or Environmental Protection (EP2) Zone, 37.16 metresm (1025 ft.) of the required yard abutting that Waterbody Open Space or Environmental Protection Zone shall be usedused and maintained as a landscaped buffer.

4.3.7 PARKING No part of any parking area shall be located within 4.6 metresm (15 ft.) of a

side or rear lot line.


of 379

5.0 COMMUNITY ZONES


81

5.1 COMMUNITY RESIDENTIALRESIDENTIAL ZONES

5.1.1 Permitted Main UsesUses No personperson shall within any of the Community ResidentialResidential Zones

use any lot or erect, locate, alter, or use any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 5.1.1:

TABLE 5.1.1 – COMMUNITY RESIDENTIAL ZONE, PERMITTED MAIN USES

PERMITTED MAIN USES

URBAN CENTRES

URBAN CENTRES

URBAN CENTRES


URBAN CENTRES

RESIDENTIAL (R1)

SEWER AND WATER

RESIDENTIAL (R2)

SEWER OR WATER OR

PRIVATE SERVICESOR

PRIVATE SERVICES

(7)

RESIDENTIAL (R3)

PRIVATE SERVICES

RESIDENTIAL (R4)

WATERFRONT


MEDIUM DENSITY

(RM1) SEWER AND

WATER

MULTIPLE RESIDENTIAL HIGH DENSITY (RM2) SEWER AND WATER

RESIDENTIAL – DWELLING UNIT *

X X X X X

RESIDENTIAL – CONVERTED DWELLING *

X X X

RESIDENTIAL – DUPLEX DWELLING *

X X

RESIDENTIAL – SEMI DETACHED DWELLING *

X X

RESIDENTIAL TOWNHOUSE X X

RESIDENTIAL APARTMENT DWELLING

X

GROUP HOME X X X X X X

SENIOR CITIZEN HOME

X X

ROOMING HOUSE X X X X X X



of 379

5.0 COMMUNITY ZONES


82


of 379

5.0 COMMUNITY ZONES


83

5.1.2 Permitted Accessory UseAccessory Uses No personperson shall, in any Community Residential Zone, construct an accessory

useAccessory Use on any property unless a main use / permitted use has been established on the property and in accordance with the following applicable zones in Table 5.1.2:

TABLE 5.1.2 – COMMUNITY RESIDENTIAL ZONE, PERMITTED ACCESSORY USES

ACCESSORY USES

URBAN CENTRES

URBAN CENTRES


URBAN CENTRES

RESIDENTIAL (R1)

SEWER AND WATER

RESIDENTIAL (R2)

SEWER OR WATER OR

PRIVATE SERVICES

(7)

RESIDENTIAL (R3) PRIVATE SERVICES

RESIDENTIAL (R4)

WATERFRONT


MEDIUM DENSITY

(RM1) SEWER AND

WATER


HIGH DENSITY

(RM2) SEWER AND

WATER

RESIDENTIAL SECONDARY DWELLING UNITS

X X X X

HOME BASED BUSINESS X X X X X

BED AND BREAKFAST X X X X


of 379

5.0 COMMUNITY ZONES


84



of 379

5.0 COMMUNITY ZONES


85

5.1.3 Zone Requirements No personperson shall within any of the Community Residential zones use any lot, or

erect, locate, alter or use any building or structure except in accordance with the following requirements as noted below in Table 5.1.3:

(1) See 5.1.4.1 (4) See 5.1.4.4 (2) See 5.1.4.2 (5) See 5.1.4.5 (3) See 5.1.4.3 (6) See 5.1.4.6 5.1.4 COMMUNITY RESIDENTIAL ZONE PROVISIONS

5.1.4.1 The minimum rear yardrear yard setbacksetback for an accessory building with a floor area of 23 m

2 (250 ft.²) or less shall be 1.8 m (6 ft.).

TABLE 5.1.3 – COMMUNITY RESIDENTIAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES (21) (6)

URBAN CENTRES

URBAN CENTRES


URBAN CENTRES

R1 R2 (7)

R3

R4

RM1 RM2


(m) 15.2 m (50 ft.)

(2) --(65)

45.760 m (150 ft.)

30.5 m (100 ft.)

(6)

20.1 m (66 ft.) (43)

30.5 m (100 ft.)

(43)

Minimum Lot Area (ha.)

0.05 ha. (0.1 ac.)

(2)

--(65) 0.4 ha.

(1 ac.)

0.19 ha. (0.5 ac.)

(6)

0.06 ha.

(0.15 ac.)

0.09 ha.

(0.2 ac.)


35% 35% 20% 20% 35% 35%

Minimum Front Yard Setback (m)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.) (54)

20.1 m (66 ft.) (54)

7.6 m (25 ft.)

7.6 m (25 ft.)


1.8 m (6 ft.)

1.8 m (6 ft.)1.8

1.8 m (6 ft.)1.8

4.6 m (15 ft.)

1.8 m (6 ft.) (43)

7.6 m (25 ft.)


7.6 m

(25 ft.)

7.6 m

(25 ft.)7.6

7.6 m

(25 ft.)7.6

7.6 m (25

ft.)7.6

7.6 m

(25 ft.)7.6

7.6 m

(25 ft.)7.6

Minimum Rear Yard Setback (1) (m)

7.6 m

(25 ft.)7.6

7.6 m

(25 ft.)7.6

7.6 m

(25 ft.)7.6

7.6 m

(25 ft.)7.6

7.6 m

(25 ft.)7.6

107.6 m

(325 ft.)

Maximum Height (m) 10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

10.7 m (35 ft.)

Maximum Height – Accessory

Bldg. (m) 6.1 m

(20 ft.)

6.1 m

(20 ft.)6.1

6.1 m

(20 ft.)6.1

6.1 m (20

ft.)6.1

6.1 m

(20 ft.)6.1

6.1 m

(20 ft.)6.1

Minimum Landscaped Open SpaceArea (%) 30% 30% 30% 30% 30% 35%

Minimum Gross Floor Area (Ddwelling) (m

2)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)

69.7 m² (750 ft.²)69.7

69.7 m²

(750 ft.²)69.7




of 379

5.0 COMMUNITY ZONES


86

5.1.4.2 The inclusion of a “-R” suffix to a zone symbol indicates that different standards apply in each Zone for shoreline structures in accordance with Section 5.1.11. No newly created lot shall have a lot frontage greater than 22.9 m (75 ft.) or a lot area greater than 789.7 m

2 (8500 ft.²)..

5.1.4.3 Semi-detached dwelling units shall have a total minimum lot frontage of 30 m (100 ft.), with a minimum of 15 m (50 ft.) for each unit, and a total lot area of 1110 m

2 (11,948 ft.²). Townhouse dwelling units shall have a lot frontage of 7

m (23 ft.) for each unit, a lot area of 210 m2 (2260 ft.²), an exposed end or

side wall of 3 m (10 ft.) and a minimum ground floor area of 65 m2 (700 ft.²).

The inclusion of a “-R” suffix to a zone symbol indicates that different standards apply in each Zone for shoreline structuresstructures in accordance with Section 5.1.112.

5.1.4.4

Buildings and Structures The front yard setback for each building and structure, on a lot that abuts the high water mark, which are considered legal non-complying due to an encroachment into the required 20.1 m (65.9 ft.) front yard setback, shall be the setback which existed on that date, or a minimum of 15.2 m (50 ft.) from the high water mark, or from the front lot line, whichever is greater. Notwithstanding the above, for those buildings and structures with an existing legal non-complying front yard setback less than 15.2 m (50 ft.), they may be enlarged, extended, reconstructed or otherwise structurally altered at their existing front yard setback or a minimum of 7.6 m (25 ft.), whichever is greater, provided the following is complied with; The resultant ground floor area located within 7.6 m (25 ft.) and 15.2 m (50 ft.) of the high water mark shall not exceed 120% of the ground floor area of the existing building or structure, and the resultant height shall not exceed 120% of the height of the existing building or structure, both as of the date of passage of this by-law. Notwithstanding the above, no height shall exceed that permitted in the zone requirements for that type of building or structure. For the purpose of determining the existing front yard setback, it shall be calculated based on the setback for each type of building or structure, with the exception of a dwelling unit, which a portion of can be replaced by a sundeck. Sundecks In the case of a sundeck, which existed prior to the passing of this By-law, which is considered legal non-complying due to an encroachment into the required 15.2 m (50 ft.) front yard setback, the front yard setback for that sundeck shall be the setback which existed on that date or a minimum of 12.2 m (40 ft.) from the high water mark or from the front lot line, whichever is greater. Notwithstanding the above, for a sundeck with an existing legal non-complying front yard setback less than 12.2 m (40 ft.), it may be enlarged, extended, reconstructed or otherwise structurally altered at its existing front


of 379

5.0 COMMUNITY ZONES


87

yard setback or a minimum of 4.6 m (15 ft.), from the high water mark, whichever is greater, provided the following is complied with; The resultant increase in size of the sundeck located within 4.6 m (15 ft.) and 12.2 m (40 ft.) of the high water mark or front lot line, does not exceed 120% of the area of the existing sundeck, as of the date of passage of this by-law. Semi-detached dwelling units shall have a total lot frontage of 30 m (100 ft.) and a total lot area of 1110 m

2 (11,948 ft.²).. Townhouse dwelling units shall

have a lot frontage of 7 m (23 ft.) for each unit, a lot area of 210 m2 (2260

ft.²),, an exposed end or side wall of 3 m (10 ft.) and a minimum ground floor area of 65 m

2 (700 ft.²)..

5.1.4.55 Where water or sewer services are not available, the minimum lot frontage

and lot area requirements are the dimensions of that lot existing on the date this By-law was passed. No new structure or building may be constructed on a lot unless the lot complies with Section 3.42. The front yard setbacksetback for each building and structure, on a lot abutting the high water mark, which are considered legal non-complying due to an encroachment into the required 20.1 m (66 ft.)etre front yard setbacksetback, shall be the setbacksetback which exists, or a minimum of 15.210.7 metresm (25 ft.) from the high water mark, or from the front lot line whichever is greater. For the purposes of determining the existing front yard setbacksetback, it shall be calculated based on the setbacksetback for each type of building or structure. In the case of a sundeck, which existed prior to the passing of this By-law, which is considered legal non-complying due to an encroachment into the required 20.1 metre (66 ft.) front yard setbacksetback, the front yard setbacksetback for that sundeck shall be the setbacksetback which existed on that date or a minimum of 12.24.6 metresm (15 ft.) from the high water mark, whichever is greater.

5.1.4.6 Where water or sewer services are not available, the minimum lot frontage

and lot area requirements are the dimensions of that lot existing on the date this By-law was passed. No new structure or building may be constructed on a lot unless the lot complies with the appropriate section of the existing Lot of Record provision.

5.1.5 MULTIPLE DWELLINGS In the case of a multiple dwelling, apartment dwelling, or a converted dwelling,

the following provisions apply: i. Minimum floor area: - Bachelor 26.9 m²square (290

ft.²)metres

1 Bedroom 33 square metresm² (355 ft.²)


of 379

5.0 COMMUNITY ZONES


88

Parking requirements –1.5 parking spaces / dwelling unit ii. In the case of a multiple dwelling and apartment dwelling only, no

parking space shall be located within 3 metresm (10 ft.) of a lot line. iii. Where a multiple dwelling or apartment dwelling, greater than 3 units

abuts a single familyfamily residentialresidential zone (R1, R2, R3, or R4), 3 metresm (10 ft.) of the required yard shall be usedused and maintained as a landscaped buffer.

5.1.6 FRONT YARD EXEMPTIONS (where the front lot line is the high water mark) The following buildings and structuresstructures are exempted from the front

yardyard requirements: i. Stairs, rampramps and landings which do not exceed 1.8 metresm (6

ft.) in width and where landingslandings do not exceed a maximum area of 4.6 square metresm² (50 ft²).

ii. No more that two (2) of a pumphouse, sauna or gazebo, of which the

maximum pumphouse floor area shall be 4.6 m² (50 ft.²), maximum sauna floor area 9.3 m² (100 ft.²), and maximum gazebo floor area 18.6 m² (200 ft.²). Each structure shall not exceed a height of 4.6 m (15 ft.) and each shall have a minimum separation distance from the other of 4.6 m (15 ft.). A pumphouse and sauna shall have a minimum setback of 4.6 m (15 ft.) from the high water mark.One (1) pumphouse, one (1) sauna and one (1) gazebo each not exceeding 4.6 metresm (15 ft.) in height and 18.6 square metresm² (200 ft.²) in maximum floor area.

iii. Inclinator.

iii.iv. Sundecks, but must have a minimum setback of 15.2 m (50 ft.) from

the high water mark. 5.1.7 ROOMING HOUSES Rooming Houses exceeding three (3) bedrooms shall be subject to the

following specific provisions: i. A minimum lot frontage and lot area in accordance with the applicable

zone in Table 5.1.32. ii. A maximum gross floor area of 27580 square metresm² (2396010 ft.²); iii. A maximum of five (5) bedrooms; iv. A minimum bedroom size of 7.0 square metresm² (75 ft.²) and a

maximum bedroom size of 27.9 square metres m² (300 ft.²);

2 Bedroom 39 square metresm² (420 ft.²)

3 Bedroom 45.1 square metresm² (485 ft.²)


of 379

5.0 COMMUNITY ZONES


89

iv.v. A minimum of 11 parking spaceparking spacearea per bedroom usedused for the Rooming House and a minimum of 1.5 parking spaceparking spacesareas for any dwelling unit on the property;

v.vi. A minimum front yardyard setbacksetback of 10.7 metresm (35 feet); vi.vii. A heightheight not exceeding 3 storeystoreys; vii.viii. A minimum interior side yardyard setbacksetback of 4.6 metresm (15 ft.)

in the Urban Centres and 7.6 metresm (25 ft.) in the Communities; viii.ix. A minimum exterior side yardyard setbacksetback of 7.6 metresm (25 ft.); ix.x. A minimum landscaped area of 35%; x.xi. A minimum distance separation between Rooming Houses of 152.4

metresm (500 ft.); measured from any and all points of their respective lot lines;

xi.xii. The cumulative floor area of bedrooms shall be limited to 50% of the

gross floor area of the Rooming House. xii.xiii. No personperson shall erect a Rooming House unless the lot upon which

such Rooming House is to be erected fronts, for a distance equal to the minimum frontage requirement, a Provincial Highway or District Road.

xiii.xiv. Where a dwelling unit and Rooming House are permitted usesuses, only

one building containing these usesuses is permitted on a lot, excluding RM1 and RM2 zones.


of 379

5.0 COMMUNITY ZONES


90

5.1.8 SPECIAL PROVISIONS: MULTIPLE RESIDENTIALRESIDENTIAL (RM1,

RM2) The following specific requirements are applicable in these zones: a. In a Multiple ResidentialResidential Medium Density (RM1) zone the

density of development shall not exceed 30 dwelling units per hectare (12 units/acre) in addition to the requirements of Section 5.1.4.43 of this By-law.

b. In a Multiple ResidentialResidential High Density (RM2) zone the

density of development shall not exceed 60 dwelling units per hectare (24 units/acre) in addition to the requirements of Section 5.1.4.43 of this By-law.

5.1.9 SPECIAL PROVISIONS: RESIDENTIALRESIDENTIAL WATERFRONT

(R3,R4) The following specific requirements are applicable in the R3 and R4 zones: a. A two storeystorey boathouse is permitted on a waterfront lot abutting a

Category 1 Lake in accordance with Table 1 of Section 4.1Table 1 in Section 4.0, with a minimum of 91.4 metresm (300 ft.) of lot frontage.

b. A two storeystorey boathouse may contain a sleeping cabin. c. Only one (1) sleeping cabin is permitted per each residentialresidential

lot, provided the lot meets the minimum lot of record criteria in Section 3.4 abutting the high water mark. .

d. The maximum floor area of a sleeping cabin shall be 60.4 square

metresm² (650 ft.²). e. Where two (2) or more dwelling units exist on a lot, a sleeping cabin is

not permitted. f. A basement usedused solely for the purposes of storage in a sleeping

cabin shall not have access from the interior of the building. g. h.g. Within the front yard, an area of land 15.2 metresm (50 ft.) wide and

running parallel to the high water mark shall contain a shoreline buffer.

h. Where a lot in an R3 zone abuts the high water mark, the minimum permitted front yardyard setbacksetback from the high water mark shall be 20.1 metresm (66 ft.), and subject to the requirements of Section 5.1.4.4.

i. Where a lot in an R3 zone abuts. waterfront the minimum lot frontage shall be 61 m (200 feet), and the minimum lot area shall be 0.4 ha. (1 ac.), and the maximum lot coverage shall be 15%.

j. Where a lot in an R4 zone does not have municipal water and sewer service available the minimum lot frontage shall be 45.7 m (150 ft.²),


of 379

5.0 COMMUNITY ZONES


91

the minimum lot area shall be 0.4 ha. (1 ac.), and the maximum lot coverage shall be 15%.

5.1.10 SECONDARY DWELLING UNITS a) Secondary Dwelling units shall be subject to the following: i) A maximum of one (1) secondary dwelling unit is permitted per lot. ii) Secondary Dwelling units must be located within an accessory

structure or as an accessory apartment in an existing single detached dwelling.

iii) A secondary dwelling unit shall have a maximum gross floor area of 111 m² (1195 ft.²).1 square metres.

iv) Secondary Dwelling units must be smallerhave less gross floor area

than the main dwelling unit.

iv)v) A Secondary Dwelling unit is not permitted in a R3 zone where it abuts the high water mark.

5.1.11 ACCESSORY STRUCTURESSTRUCTURES OVER WATER A boathouse, boatport, sun shelter or dock may be located in a

Waterbody Open Space Zone (WOS) where it abuts a Community ResidentialResidential Zone or in a Community ResidentialResidential (R) Zone provided it is an accessory useAccessory Use to the main permitted , and is subject to the following:

a. In the case of docks i. No part of any dock shall extend beyond 20.1 metresm (66 ft.)

from the high water mark; ii. No part of any dock shall be erected within 4.6 metresm (15

ft.) from the side or rear lot line or any 30.5 m (100 ft.)etre straight line projection thereof, from the high water mark; and,

iii. The dock is permitted to extend from or to be located in the

front yard of a lot, a maximum distance of 3 metresm (10 ft.); iv. The total cumulative dock width on a lot shall not exceed 25

percent % of the lot frontage or 22.3 metresm (75 ft.) whichever is lesser.

iv.v. A hot tub shall not be permitted on a dock. b. In the case of a boathouse i. The lot must abut a Category 1, 2, or 4 Lake in accordance

with Table 1 in Section 4.0Table 1 of Section 4.1;

ii. No part of any boathouse shall extend beyond 15.2 metresm (50 ft.) from the high water mark;


of 379

5.0 COMMUNITY ZONES


92

iii. The total cumulative dock and boathouse width shall not

exceed 25 percent% of the lot frontage or 22.3 metresm (75 ft.), whichever is lesser;

iv. A single storeystorey boathouse shall not exceed a height of

4.9 metresm (156 ft.) with no floor, and a two storeystorey boathouse shall not exceed a height of 7.6 metresm (25 ft.). A two storeystorey boathouse is only permitted on a Category 1 Lake in accordance with Table 1 in Section 4.0 Table 1 of Section 4.1 and on a lot withcontain a minimum lot frontage of 91.4 metresm (300 ft.);

v. No part of any single storeystorey boathouse shall be erected

within 4.6 metresm (15 ft.) from the side or rear lot line or any 30.5 metre m (100 ft.) straight line projection thereof, from the high water mark;

vi. For the purposes of this By-law a boathouse which has a

sundeck above and/or which has a second storeystorey or any part thereof shall be deemed to be a two storeystorey boathouse and no part of any two storeystorey boathouse or sundeck above shall be erected within 9.1 metresm (30 ft.) of the side or rear lot line or any 30.5 metre (100 ft.) straight line projection of the side or rear lot line;

vii. StructuresStructures and alterations on the second

storeystorey of a two storeystorey boathouse, where permitted, are limited to a sleeping cabin, covered area and sundeck (with no structure above);

viii. The maximum permitted size of the second storeystorey of a boathouse shall be 60.4 square metresm² (650 ft.²) which can consist of a sleeping cabin, covered area, or any combination thereof;

ix. The boathouse is permitted to extend from or to be located in the front yard of a lot, a maximum distance of 3 metresm (10 ft.); and,

x. The boathouse shall not contain a dwelling unit;

x.xi. A hot tub shall not be permitted on a boathouse; and,.

xi.xii. The use of the first storeystorey of any boathouse is limited to:

i) The berthing and sheltering of boats or other marine

related equipment;

ii) A washroom which does not exceed 4.6 square metresm² (50 ft.²) in floor area;

iii) A utility room for electrical panels, water supply

equipment and plumbing related to sewage disposal not exceeding 4.6 square metresm² (50 ft.²) in floor area; and


of 379

5.0 COMMUNITY ZONES


93

iv) The washroom and utility room noted above are the

only permitted separate rooms in the first storeystorey of a boathouse.


i) A sun shelter shall not contain habitable floor area or

be screened or glassed;

ii) The maximum permitted gross floor area shall be 18.6 square metresm

2 (200 sq. ft.);

iii) The sun shelter shall not exceed a height of 4.5

metresm (15 ft.);




d)a) For those portions of land fronting onto a restricted waterbody and zoned with a “-R” suffix to the zone symbol, a dock, boathouse, boatport, or sun shelter may be located in the abutting Waterbody Open Space (WOS) zone and subject to the following additional provisions:

i) The maximum length of a dock, measured from the high water mark, is

the lesser of 12.2 metresm (40 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject dock to the closest shoreline of another lot opposite the subject dock;

ii) The maximum length of a boathouse, boatport or sun shelter, measured from the high water mark, is the lesser of 10.7 metresm (35 ft.) or 25%

of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject boathouse to

the closest shoreline of another lot opposite the subject boathouse;


iv) A single storeystorey boathouse, boatport or sun shelter where the roof is ccapable of being usedused as a sundeck shall not be permitted.


of 379

5.0 COMMUNITY ZONES


94


of 379

5.0 COMMUNITY ZONES


95

5.2 COMMUNITY COMMERCIAL ZONES (C) 5.2.1 Permitted Main UsesUses No personperson shall within any of the Community Commercial Zones use any lot, or

erect, locate, alter or use any building or structure for any purpose except in accordance with the following applicable zones as noted below on the following page in Tables 5.2.1:

TABLE 5.2.1 – COMMUNITY COMMERCIAL ZONE, PERMITTED MAIN USES

PERMITTED MAIN USES


C1A C1B C1C

C1CA C1D

C1DA C2 C3 C4 C5

AUTOMOBILE SALES ESTABLISHMENT

X X


X X

AUTOMOBILE WASHING

ESTABLISHMENT X X


CLINIC X X X


CONVENIENCE STORE X X X

FINANCIAL BUSINESS X X

GAS BAR X X X

HOTEL X X X X

MARINA X X X

MOTEL X X X X X X

OFFICE X X X


X X

PLACE OF AMUSEMENT X X X


X X

RECREATIONAL

VEHICLE AND EQUIPMENT CENTRE

X X

RESTAURANT X X X X X X X

RETAIL STORE X X

SERVICE SHOP X X X X

TAVERN X X X

TOURIST RESORT X X X X


of 379

5.0 COMMUNITY ZONES


96


5.2.2 Permitted Accessory UseAccessory Uses No personperson shall, in any Community Commercial Zone, construct an accessory

useAccessory Use on any property unless a main use / permitted use has been established on the property and in accordance with the following applicable zones on the following page in Table 5.2.2:

TABLE 5.2.2 – COMMUNITY COMMERCIAL ZONE, PERMITTED ACCESSORY USES

ACCESSORY USE

ACCESSO

RY USE

S


C1A C1B C1C

C1CA C1D

C1DA C2 C3 C4 C5

ARTIST STUDIO X X X X X X X

CONVENIENCE

STORE X X X X X

CONTRACTOR’S

YARD X

CULTURAL CENTRE

X X X X X X X


X X X X X X X X

GOLF COURSE X X X X

MARINA X X X X

RESIDENTIAL – MULTIPLE DWELLING

X X X X

OFFICE X X X X X X X X


X X X X

PLACE OF AMUSEMENT

X X X X X X X


X X X X

RESTAURANT X X X X X

RETAIL STORE X X X X X


of 379

5.0 COMMUNITY ZONES


97

SERVICE SHOP X X

STAFF QUARTERS X X X X X X X X

TAVERN X X X X

X indicates uses permitted in applicable zone (1) Where permitted above in Table 5.2.1 or 5.2.2, both one dwelling unit

and one single detached dwelling unit are permitted as accessory useAccessory Uses provided that the provisions of Section 3.1920 are adhered to for the dwelling unit.


of 379

5.0 COMMUNITY ZONES


98

5.2.3 Zone Requirements No personperson shall within any of the Community Commercial Zones use any lot or

erect, locate, alter or use any building or structure except in accordance with the following requirements as noted below in Table 5.2.3 and the applicable Special Provisions:

TABLE 5.2.3

LOT

REQUIREMENTS

ZONES (4)


(1) C1DA

(1) C2 (2)

C3 C4 C5

Minimum Lot Frontage (m)

99.1 76.2 152.4 76.2 152.4 76.2 61 --- 45.7 45.7


0.4 0.4 0.8 0.8 0.8 0.8 0.5 --- 0.2 0.2

Maximum Lot Coverage (%) 35 35 15 15 15 15 35 --- 50 50

Minimum Front Yard Setback (m) (3)

7.6 7.6 7.6 7.6 7.6 7.6 --- 3 7.6 7.6


6.1 6.1 6.1 6.1 6.1

6.1

3 3 6.1 6.1


7.6 7.6 7.6 7.6 7.6

7.6

7.6 3 7.6 7.6

Minimum Rear Yard Setback (m) 7.6 7.6 7.6 7.6 7.6 7.6 7.6 3 7.6 7.6

Landscaped Open Space (%) 30 30 30 30 30 30 30 30 30 30

Maximum Height (m)

13.7 13.7 13.7 13.7 13.7 13.7 10.7 9.1 9.1 9.1

TABLE 5.2.3 – COMMUNITY COMMERCIAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES (4)


(1) C1DA (1)

C2 (2)

C3 C4 C5


99.1 m (325 ft.)

76.2 m (250 ft.)

152.4 m (500 ft.)

76.2 m (250 ft.)

152.4 m (500 ft.)

76.2 m (250 ft.)

61 m (200 ft.)

--- 45.7 m (150 ft.)

45.7 m (150 ft.)

Minimum Lot Area

0.4 ha

(1 ac.)

0.4 ha.

(1 ac.)

0.8 ha.

(2 ac.)

0.8 ha.

(2 ac.)

0.8 ha.

(2 ac.)

0.8 ha.

(2 ac.)

0.5 ha. ---(1.2

ac.)

--- 0.2 ha.

(0.5 ac.)

0.2 (0.5

ac.)

Maximum Lot Coverage 35% 35% 15% 15% 15% 15% 35% --- 50% 50%


7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

--- 3 m

(10 ft.) 7.6 m (25 ft.)

7.6 m (25 ft.)


6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

3 m (10 ft.)

3 m (10 ft.)

6.1 m (20 ft.)

6.1 m (20 ft.)

Minimum Exterior Side Yard Setback 7.6 m

(25 ft.) 7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

3 m (10 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)


of 379

5.0 COMMUNITY ZONES


99

C1A, C1B Applies to Communities Urban Centres of Bala and Port Carling

C1C, C1D Applies to the Communities of Foots Bay, Glen Orchard, Milford Bay, Minett, Torrance and Windermere

(1) See Section 5.2.4.1 (3) See Section 5.2.4.3 (2) See Section 5.2.4.2 (4) See Section 5.2.4.4 (3) See Section 5.2.4.3

5.2.4 COMMUNITY COMMERCIAL ZONE PROVISIONS 5.2.4.1 See ProvisionSection 5.2.13 5.2.4.2 For lots zoned C2 on the date of passing of this By-law the minimum lot frontage

requirement shall be 60.1 metresm (200 ft.) or the lot frontage which existed on the date of passing of this By-law, whichever is less.

5.2.4.3 For lots that abut the high water mark, the minimum front yard setbacksetback

from the high water mark shall be 20.1 metresm (66 ft.).

5.2.4.4 The front yard setback for each building and structure on a lot, which are

considered legal non-complying due to an encroachment into the required 20.1metre 1m (66 ft.) front yard setback, shall be the setback which existed on that date, or a minimum of 157.26 metresm (250ft.) from the high water mark, or from the front lot line whichever is greater. . For the purposes of determining the existing front yard setback, it shall be calculated based on the setback for each type of building or structure. In the case of a sundeck, which existed prior to the passing of this By-law, which is considered to be legal non-complying due to an encroachment into the required 2015.12 metre m (6650 ft.) front yard setback, the front yard setback for that sundeck shall be the setback which existed on that date or a minimum of 124.26 metresm (4015 ft.) from the high water mark, whichever is greater.

5.2.5 FRONT YARDYARD EXEMPTIONS The following buildings and structuresstructures are exempted from the front yard

requirements: i) Sundecks, Llandings, rampramps and stairs ii) Pumphouses, saunas and gazebosgazebos not exceeding 4.6 metresm

(15 feet) in height.


(25 ft.) 7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

3 m (10 ft.)

7.6 m (25 ft.)

7.6 m (25 ft.)

Minimum Landscaped Open Space Area 30% 30% 30% 30% 30% 30% 30% 30%--- 30% 30%

Maximum Height

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (45 ft.)

13.7 m (14.5 mft.)

10.7 m (35 feet)

129.12 m

(340 ft.)

912.12 m

(340 ft.)

912.12 m

(340 ft.)


of 379

5.0 COMMUNITY ZONES


100

ii)iii) Notwithstanding subsection i), for a lot that abuts the high water mark, sundecks must have a minimum setback of 15.2 m (50 ft.) from the high water mark.

5.2.6 LANDSCAPED BUFFERLANDSCAPED BUFFER Where a Commercial Zone (C1A, C1B, C1C, C1CA, C1D, C1DA, C2, C4, C5)

abuts a residentialresidential Zone, 3 metresm (10 ft.) of the required yard abutting that zone shall be planted and maintained as a landscaped buffer.

5.2.7 STRUCTURESSTRUCTURES OVER WATER A boathouse, boatport, sun shelter, or dock may be located in a Waterbody Open

Space Zone (WOS) where it abuts a Community Commercial Zone or in a Community Commercial (C) Zone provided it is an accessory useAccessory Use to the main permitted use, and is subject to the following:

a. In the case of docks i. No part of any dock shall extend beyond 20.1 metresm (66 ft.) from the

high water mark; ii. No part of any dock shall be erected within 4.6 metresm (15 ft.) from the

side or rear lot line or any 30.5 metre (100 ft.) straight line projection thereof, from the high water mark;

iii. the total cumulative width of docks and boathouses on a lot shall not exceed 25% of the lot frontage, excluding docks and boathouses in a Community Commercial – MarinaMarina (C2) Zone which shall not exceed 75%; and,

iv. The dock is permitted to extend from or to be located in the front yard of a

lot, to a maximum distance of 3 metresm (10 ft). b. In the case of a boathouse i. No part of any boathouse shall extend beyond 15.2 metresm (50 ft.) from

the high water mark; ii. The total cumulative dock and boathouse width shall not exceed 25

percent % of the lot frontage or 15.2 metresm (50 ft.), whichever is greater, excluding boathouses in a Community Commercial - MarinaMarina (C2) Zone, which shall be limited to 75%;

iii. The boathouse shall not exceed a height of 7.6 metresm (25 ft.); iv. No part of any single storeystorey boathouse shall be erected within 4.6

metresm (15 ft.) from the side or rear lot line or any 30.5 metre (100 ft.) straight line projection thereof, from the high water mark;

v. For the purposes of this By-law a boathouse which has a second

storeystorey or any part thereof shall be deemed to be a two storeystorey boathouse and no part of any two storeystorey boathouse shall be erected within 9.1 metresm (30 ft.) of the side or rear lot line or any 30.5 metre (100 ft.) straight line projection of the side or rear lot line; an d


of 379

5.0 COMMUNITY ZONES


101

vi. The lot must abut a Category 1, 2, or 4 Lake in accordance with Table 1 of Section 4.1;

v.vii. A two storey boathouse is only permitted on a Category 1 Lake in accordance with Table 1 of Section 4.1 and on a lot with a minimum lot frontage of 91.4 m (300 ft.); and,

vi.viii. The boathouse is permitted to extend from or to be located in the front yard of the lot, to a maximum distance of 3 metresm (10 ft.).




ii) The maximum permitted gross floor area shall be 18.6 m² square metres (200 ft.²);

iii) The sun shelter shall not exceed a height of 4.5 metresm

(15 ft.);






water mark, is the lesser of 12.2 metresm (40 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject dock to the closest shoreline of another lot opposite the subject dock;

ii) The maximum length of a boathouse, boatport or sun

shelter, measured from the high water mark, is the lesser of 10.7 metresm (35 ft.) or 25% of the distance from shoreline to opposite shoreline as established by the Schedules to By-law 2014-14, measured from the subject boathouse to the closest shoreline of another lot opposite the subject boathouse;


iv) A single storeystorey boathouse, boatport or sun shelter

where the roof is capable of being usedused as a sundeck shall not be permitted.

5.2.8 PARKING AND LOADING


of 379

5.0 COMMUNITY ZONES


102

See General Provision 3.289 and 3.2930 for Parking and Loading Requirements 5.2.9 DWELLING UNIT Where an accessory ResidentialResidential use is permitted if it is located in a

non-residentialresidential building it shall conform with General Provision 3.1920. a) b) c) d) 5.2.10 SPECIAL PROVISIONS: RESORT COMMERCIAL (C1A, C1B, C1C, C1CA, C1D,

C1DA) The following specific requirement is applicable in these zones: a. For the purpose of calculating development density in all Community

Resort Commercial zones all accommodation units, housekeeping units, tourist resort units and dwelling units shall be included in the calculation of the number of units per acre allowed.

b. 5.2.11 SPECIAL PROVISIONS: RESORT COMMERCIAL (C1A, C1B) The following specific requirements are applicable in these zones: a. In a Resort Commercial (C1A, C1B) zone the density of development shall

not exceed 30 units per hectare (12 units/acre). b. Medium and High Density residentialresidential development shall comply

with the provisions in Section 5.1.5 and 5.1.8.a. c. Where a resort development has a residentialresidential use, the

commercial use must be constructed prior to the residentialresidential use. d. The number of residentialresidential units shall not exceed 50% of the

accommodation units, housekeeping units, and tourist resort units. e. Habitable buildings and structures Mmust be connected to municipal water

and sewer services.

5.2.12 SPECIAL PROVISIONS: RESORT COMMERCIAL (C1C, C1D) a. In a Resort Commercial (C1C, C1D) zone the density of development

shall not exceed 15 units per hectare (6 units/acre). 5.2.13 SPECIAL PROVISIONS: RESORT COMMERCIAL (C1CA, C1DA)


of 379

5.0 COMMUNITY ZONES


103

The following specific requirements are applicable in these zones: a. In a Resort Commercial (C1CA, C1DA) zone the density of development

shall not exceed 15 units per hectare (6 units/acre). b. In a Resort Commercial (C1CA, C1DA) zone the gross floor area allowed

for all permitted usesuses on a lot in a C1CA or C1DA zone shall be limited to 20% of the lot arealot area zoned C1CA or C1DA.

c. Where a Resort Commercial (C1CA, C1DA) zone abuts a

ResidentialResidential zone the minimum required yard shall be 12.2 metresm (3540 ft.). 3 metresm (10 ft.) of the required yard shall be planted and maintained as a landscaped buffer.

5.2.14 SPECIAL PROVISIONS: MARINAMARINA COMMERCIAL (C2) The following specific requirements are applicable in this zone: a. A detached dwelling unit may be located in a MarinaMarina Commercial

(C2) Zone if it is a minimum of 20.1 metresm (66 ft.) from the high water mark.

5.2.15 SPECIAL PROVISIONS: COMMERCIAL ZONES (C3, C4, C5) The following specific requirements are applicable in these zones: a. Despite the front or rear yard requirements of Sections 3.3(c) and 3.236,

a building or structure may be erected or altered to conform with the established building line.

b. Multiple dwelling units are permitted in the same building as the

commercial use in a Community Commercial (C3 or C5) Zone provided that:

i) The dwelling units are connected to municipal sewer and water

services; ii) The units shall comply with the requirements of TableSection 5.1.532; iii) The units shall comply with General Provision 3.1921; and iv) The maximum density of development shall not exceed – 30 units per

hectare (12 units/acre). c. Where a Community Commercial (C3) Zone is in Port Carling and fronts

on District Road #43 between Lock Street and Ferndale Road or fronts on Lock Street or is in Bala and fronts of Provincial Highway #169 between Bala Falls Road and Gordon Street or fronts on Bala Falls Road, no interior side yard is required.

d. Open storage in a Community Commercial (C4) Zone. No open storage of goods or materials is permitted unless the following

provisions are compiled with:


of 379

5.0 COMMUNITY ZONES


104

i) such open storage is an accessory useAccessory Use to the main permitted use on the lot;

ii) such open storage complies with the required yards of the applicable

zone; and, iii) any portion of a lot usedused for such open storage is screened from

adjacent residentialresidential uses and streets adjoining the lots and buildings or a landscaped buffer.


of 379

5.0 COMMUNITY ZONES


105


of 379

5.0 COMMUNITY ZONES


106

5.3 COMMUNITY INDUSTRIAL ZONES (M) 5.3.1 Permitted UsesUses No personperson shall within any of the Community Industrial Zones use any lot, or

erect, locate, alter or use, any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 5.3.1:

TABLE 5.3.1 – COMMUNITY INDUSTRIAL ZONE, PERMITTED MAIN USES

PERMITTED USES LIGHT INDUSTRIAL (M1)

(Private Service) EXTRACTIVE

(M2) WASTE

(M3)

AUTOMOBILE SERVICE

STATION X

BUILDING SUPPLY YARD X


LIGHT INDUSTRY X

MARINA X

PIT OR QUARRY X

SERVICE SHOP X

SEWER & WATER TREATMENT

X

WAREHOUSING X

WASTE DISPOSAL X

OFFICE (ACCESSORY ONLY)

X X X


X X

STAFF QUARTERS (ACCESSORY ONLY)

X X



of 379

5.0 COMMUNITY ZONES


107


No personperson shall within any of the Community Industrial zones use any lot, or erect, locate, alter or use any building or structure except in accordance with the following requirements and the applicable Special Provisions:

5.3.3 OPEN STORAGEOPEN STORAGE No open storageopen storage of goods or materials is permitted unless the following

provisions are complied with: i) such open storageopen storage is an accessory useAccessory Use to

the main permitted use on the lot with the exception of an extractive industrial use;

ii) such open storageopen storage complies with the required yards of the

applicable zone; iii) any portion of a lot usedused for such open storageopen storage is

screened from adjacent residentialresidential uses and streets adjoining the lot, by buildings or a landscaped buffer.

5.3.4 LANDSCAPED BUFFER Where any Industrial Zone (M) abuts a ResidentialResidential Zone, 3 metresm (10

ft.) of the required yard setback abutting that zone shall be planted and maintained as a landscaped buffer.

5.3.5 OBNOXIOUS USE

TABLE 5.3.2 – COMMUNITY INDUSTRIAL ZONE

PROVISIONS

LOT

REQUIREMENTS

ZONES

LIGHT EXTRACTIVE WASTE

M1 M2 M3


45.7 m (150 ft.)

--- ---


0.4 ha. (1 ac.)

--- ---

Maximum Lot Coverage (%) 60% 20% ---

Minimum Front Yard Setback (m)

9.1 m (30 ft.)

20.1 m (66 ft.)

---


7.6 m (25 ft.)

20.1 m (66 ft.)

---


9.1 m (30 ft.)

20.1 m (66 ft.)

---

Minimum Rear Yard Setback (m)

7.6 m (25 ft.)

20.1 m (66 ft.)

---


9.1 m (30 ft.)

---


of 379

5.0 COMMUNITY ZONES


108

An OBNOXIOUS USE is not permitted. 5.3.6 SERVICING RESTRICTION In the absence of a sewer servicesewer service the permitted uses are restricted to

those industries, which use water only for the personpersonal use of the employees and not in connection with any manufacturing, processing, assembling or fabricating process with the exception of pits and/or quarries, or wayside pits and/or wayside quarries.

5.3.7 GATEHOUSE Despite the required yards of this By-law, a gatehouse is permitted within a yard

adjacent to the street.

5.3.8 INDUSTRIAL USE An industrial use may include retail sales provided it is an accessory useAccessory

Use to the main use and provided that the retail sales area does not exceed 15% of the industrial floor area.

5.3.9 PARKING For Parking and Loading Area Requirements see General ProvisionSections 3.29

28 and 3.2930.


of 379

6.0 RURAL ZONES


109

6.1 RURAL ZONES (Ru) 6.1.1 Permitted Main UsesUses No personperson shall with any Rural Zone use any lot or erect, locate, alter or use

any building or structure for any purpose except in accordance with the following applicable zones as noted in Tables 6.1.1 and 6.1.2:

TABLE 6.1.1 – RURAL ZONES, PERMITTED MAIN USES

PERMITTED MAIN USES

AREA 3 AREA 2 RURAL

AGRICULTURE

RURAL LAND

EXTENSIVE

RURAL RESIDENTIAL

RURAL RESIDENTIAL

HAMLET

RURAL SPECIAL

SCENIC AREA

RU1

RU2 RU3 RU4 RUR RURH

RUSP RUSA

AGRICULTURAL USES X X X X

BED & BREAKFAST X X X X X X X

CONSERVATION X X X X X X X X

RESIDENTIAL – DWELLING UNIT X X X X X X X

FARM X X X X

FORESTRY OPERATION X X X X

HOME BASED BUSINESS X X X X X X X

KENNEL X X X X

OPEN SPACE RECREATION X X X X X X X X

ROOMING HOUSES X X X X X X X

SPECIALIZED FARM USE X


TOURIST RESORT X

WAYSIDE PIT OR WAYSIDE QUARRY

X X X



of 379

6.0 RURAL ZONES


110

6.1.2 Permitted Accessory UseAccessory Uses No personperson shall, in any Rural Zone, construct an accessory useAccessory Use

on any property unless a main use / permitted use has been established on the property and in accordance with the following applicable zones in Table 6.1.2:

TABLE 6.1.2




X X X X X X X



No personperson shall within any Rural Zone use any lot or erect, locate, alter, or use

any building or structure except in accordance with the following requirements as noted below in Table 6.1.32 and the applicable Special Provisions:

TABLE 6.1.2 – RURAL ZONE, PERMITTED ACCESSORY USES




X X X X X X X

TABLE 6.1.3 – RURAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES (2)

AREA 3 AREA 2 RURAL

AGRICULTURE

RURAL LAND

EXTENSIVE

RURAL RESIDENTITA

L

RURAL RESIDENTIAL HAMLET

RURAL SPECIA

L

SCENIC AREA

Ru1 Ru2 Ru3 Ru4 RuR RuRH RuSp RuSA Minimum Lot Frontage (m) (4)

180 m (600 ft.)

(1)

100 m (325 ft.)

(1)

100 m (325 ft.)

(1)

200 m (660 ft.)

100 m (325 ft.)

60 m (200 ft.)

100 m (325 ft.)

(3)

180 m (600 ft.)


4 ha. (10 ac.)

(1)

1 ha. (2.5 ac.)

(1)

1 ac. (2.5 ac.)

(1)

30 ha. (75 ac.)

1 ha. (2.5 ac.)

0.5 ha. (1.25 ac.)

1 ha. (2.5 ac.)

(3)

4 ha. (10 ac.)


2% 5% 5% 1% 105% 10% 10% 2%


15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

30.5 m (100 ft.)


6.1 m (20 ft.)

6.1 m (20

ft.)6.1

6.1 m (20 ft.)6.1

30.5 m (100 ft.)

6.1 m (20 ft.)6.1

6.1 m (20 ft.)6.1

6.1 m (20

ft.)6.1

30.5 m (100 ft.)


of 379

6.0 RURAL ZONES


111



15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

30.5 m (100 ft.)


6.1 6.1 m (20 ft.)

6.1 m (20

ft.)6.1

6.1 m (20 ft.)6.1

30.5 m (100 ft.)

6.1 m (20 ft.)6.1

6.1 m (20 ft.)6.1

6.1 m (20

ft.)6.1

30.5 m (100

ft.)30.5


10.7 m (35

ft.)10.7

10.7 m (35 ft.)10.7

10.7 m (35 ft.)10.7

10.7 m (35 ft.)10.7

10.7 m (35 ft.)10.7

10.7 m (35

ft.)10.7

109.71 m (350

ft.)10.7

Maximum Height – Accessory Bldg (m)

6.1 m (20 ft.)6.1

6.1 m (20

ft.)6.1

6.1 m (20 ft.)6.1

6.1 m (20 ft.)6.1

6.1 m (20 ft.)6.1

6.1 m (20 ft.)6.1

6.1 m (20

ft.)6.1

6.1 m (20 ft.)6.1

Minimum Gross Floor Area (dwelling) (m

2)

69.7 m²

(750 ft.²)

69.7 m² (750

ft.²)69.7

69.7 m²

(750 ft.²)69.7

69.7 m² (750

ft.²)69.7

69.7 m²

(750 ft.²)69.7

69.7 m²

(750 ft.²)69.7

69.7 m² (750

ft.²)69.7

69.7 m² (750

ft.²)69.7


of 379

6.0 RURAL ZONES


112

6.1.4 RURAL ZONE PROVISIONS 6.1.4.1 For all lot creation policies refer to the TownshipTownship of Muskoka Lakes

Official Plan, in addition to the following: a) The number of lots created by consent is limited to one additional lot per

existing lot as of October 13th, 1992 except where the separation of two

dwellings constitutes infilling where the distance between existing lots is less than 152.4 metresm (500 ft.) and no more than two additional lots are created per 20.2 hectaresha. (50 ac.). In the case of a lot zoned Rural (Ru2), a total of three (3) lots may be created per original 40.5 hectare ha. (100 ac.) lot.lot.

b) One (1) lot for residentialresidential purposes may be created for a

minimum of each 20 hectares ha. (50 ac.) zoned Rural-Agriculture (Ru3). The maximum lot frontagelot frontage and area in such cases shall be 10099.0 metresm (325 ft.) and 1.0 hectareha. (2.5 ac.).

c) 6.1.4.2 The inclusion of a “-S” suffix to a zone symbol indicates that the area is a Scenic

Corridor. The zoning provisions of the prefix apply to this area except the front yardyard setbacksetback or the setbacksetback from the lot linelot line abutting the scenic corridor as identified in the TownshipTownship of Muskoka Lakes Official Plan. The setbacksetback adjacent to the corridor shall be 30.5 metresm (100 ft.). The front yard setbacksetback for each building and structure which existed prior to December 18, 2006, which is considered legal non-complying due to an encroachment into the required 30.5 metre m (100 ft.) setbacksetback from the corridor, shall be the existing setbacksetback or a minimum of 15.2 metresm (50 ft.) from the front lot line, whichever is greater for each building or structure. Any new building or structure shall comply with the requirements of the table to which this is a footnote.

6.1.4.3 For a Tourist Resort or Tent and Trailer Park the minimum lot arealot area shall be

as follows:

Lot frontage Lot AreaLot area

91.4 m (300 ft.) 4 hectares ha. (10 ac.)

6.1.4.4 With the exception of Lot 4, Concession 5 and 6, and Lot 12, Concession A, in the

former Township of Watt, for lots fronting onto a District Road the minimum lot frontages shall be as follows:

Class ‘A’ Roads: 152.4 metres

(District Roads 3, 4, 7, 13, 24, 25, 29, 35, 38, 118, and 169) Class ‘B’ Roads: 134.1 metres

(District Roads 26, 27, 28, 30, and 47)

6.1.5 SPECIAL PROVISIONS: RURAL (RU1, RU2, RU3, RUR) The following Specific requirements are applicable in these zones: a. Lots zoned Rural (Ru1, Ru2, Ru3, RuR) which qualify as a lot of record

under Section 3.4 of this By-law are subject to the following:


of 379

6.0 RURAL ZONES


113

i) Kennels are not a permitted use on lots with a lot area less than 4

hectares (10 acres); ii) the maximum lot coverage for a lot with an area of 0.4 hectares ha. (1

ac.) or less shall be 10%; and, iii) where kennels are a permitted use, any enclosed area, structure or

building usedused as a kennel must be a minimum of 30 metresm (100 ft.) from any lot line.

Specialized FarmFarm UsesUses b. Specialized Farm Uses are permitted in a Rural Land Extensive Zone (Ru4)

subject to the following: i) Minimum separation distance to a dwelling unit located on a lot under

separate ownership – 305 metresm (1000 ft.).. ii) Minimum setbacksetback from a street – 90 metresm (300 ft.).. iii) Minimum setbacksetback from a watercourse – 30 metresm (100 ft.).. iv) Minimum separation from a ResidentialResidential Zone – 305

metresm (1000 ft.).. v) Minimum Separation from any remaining lot line – 60 metresm (200

ft.).. Agricultural UsesUses (Agri-Tourism) c. AWhere an Agricultural Use includes Agri-tourism and the following

provisions shall apply: i) Minimum lot area – 40 hectaresha. (100 ac.) ii) Minimum setbacksetback from a street and all lot lines – 40 metresm

(132 ft.) iii) Maximum lot area devoted to agri-tourism uses shall not exceed 15%

percent of the total lot area, including required parking spaces. iv) Agri-tourism usesuses shall remain secondary to the principal farming

operation on the lot. v) The retail store component associated with any agri-tourism use shall

be limited to 200m² (2153 ft.²). square metres. d. i) ii)


of 379

6.0 RURAL ZONES


114

a) b) Kennels e.d. Where kennels are a permitted use, any enclosed area, structure or

building usedused as a kennel must be a minimum of 30 metresm (100 ft.) from any lot line.

Rooming HousesRooming house f.e. Rooming HousesRooming houses exceeding three bedrooms shall be

subject to the following specific provisions: a) A minimum lot frontage of 30.5 m (100 ft.) metresm and a minimum lot

area of 0.2 hectaresha. (5 ac.). In the case of a lot zoned Rural Special (RuSp) a minimum lot frontage and a minimum lot area in compliance with the Lot and Site Requirements of Section 6.1.23;

b) A maximum gross floor area of 279 m² (3000 ft.²);8.7 square metres; c) A maximum of five (5) bedrooms; d) A minimum bedroom size of 7 square metres7 m² (75 ft.²); e) A maximum bedroom size of 28 square metresm² (300 ft.²); f) A minimum of one (1) parking spaceparking space per bedroom

usedused for the rooming house; g) A minimum front yard setbacksetback of 20.1 metresm (66 ft.), a

minimum interior side yard and rear yard setbacksetback of 15.2 metresm (50 ft.) respectively;

h) A minimum landscaped area of 35%; and i) A height not exceeding three (3) storeystoreys; j) A minimum distance separation between rooming houses of 152.4

metresm (500ft), measured from any and all points of their respective lot lines.

k) Where a dwelling unit and rooming house are permitted usesuses, only

one building containing these usesuses is permitted on a lot.

Secondary Dwellings Units g.f. Secondary Dwelling units shall be subject to the following: i) A maximum of one (1) secondary dwelling unit is

permitted per lot. ii) Secondary Dwelling units must be located within an


of 379

6.0 RURAL ZONES


115

accessory structure or as an accessory apartment in an existing single detached dwelling.

iii) A secondary dwelling unit shall have a maximum gross

floor area of 111 m² (1195 ft.²).square metres. iv) Secondary Dwelling units must be smallerhave less

gross floor area than the main dwelling unit. v)


of 379

6.0 RURAL ZONES


116

6.2 RURAL COMMERCIAL ZONE (RUC)

6.2.1 Permitted Main UsesUses

No personperson shall, in any Rural Commercial Zone use any lot or erect, locate, alter or use any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 6.2.1:

TABLE 6.2.1 – RURAL COMMERCIAL ZONE, PERMITTED MAIN USES

PERMITTED MAIN USES

RURAL RESORT RESORT

BACKLOT TENT &


LAND EXTENSIVE


RuC1

RuC2

RuC2B

RuC3

RuC4

RuC5

RuC6

AUTOMOBILE SALES ESTABLISHMENT X X

AUTOMOBILE SERVICE STATION X X X



CONVENIENCE STORE X

GAS BAR X

HOTEL X

KENNEL X X

LANDSCAPING CENTRE X X

LIGHT INDUSTRY X

MARINA X X X

MOTEL X

PRIVATE CAMP X

PRIVATE CLUB X X

RECREATIONAL ESTABLISHMENT X


X X

RESTAURANT X X

RIDING STABLE X

SERVICE SHOP X X

TENT AND TRAILER PARK X

TOURIST RESORT X

VETERINARY CLINIC X X

WAREHOUSING X



of 379

6.0 RURAL ZONES


117

6.2.2 Permitted Accessory UseAccessory Uses No personperson shall in any Rural Zone, construct an accessory useAccessory Use

on any property unless a main use/permitted use is established and in accordance with the following application zones in Table 6.2.2.

TABLE 6.2.2 – RURAL ZONES, PERMITTED ACCESSORY USES

ACCESSORY USEACCESSORY USES

RURAL RESORT RESORT

BACKLOT

TENT &

TRAILER

PRIVATE

CAMPS

LAND

EXTENSIVE

COMMERCIAL

INDUSTRIAL

RuC1

RuC2

RuC2B

RuC3

RuC4

RuC5

RuC6

CONVENIENCE STORE X X X X

RESIDENTIAL – DWELLING UNIT X X X X X X

GAS BAR X

GOLF COURSE X X

OFFICE X X X X X X

OPEN SPACE RECREATION X X X X X X

PARKING AREAS X X X X X X X

PARKING SPACES X X X X X X X


RECREATIONAL ESTABLISHMENT X X

RESTAURANT X X X

RETAIL STORE X X X X

ROOFED RECREATION FACILITY X X X X

SERVICE SHOP X X X

STAFF QUARTERS X X X

STORAGE FACILITIES X X X X X X

TUCK SHOP X

WASTE TREATMENT FACILITY X X X X



of 379

6.0 RURAL ZONES


118

6.2.3 Zone Requirements No personperson shall, in any Rural Commercial Zone use any lot, or erect, locate,

alter or use any building or structure except in accordance with the following requirements as noted below in Table 6.2.3 and any applicable Special Provisions:


6.2.4 RURAL COMMERCIAL ZONE PROVISIONS 6.2.4.1 See ProvisionSection 6.2.67. 6.2.4.2 In the case of a Dryland MarinaMarina, the minimum front yardyard setbacksetback for

open storageopen storage and/or a storage facilitystorage facility is 30.5 metresm (100 ft.).

Dwelling Unit: Where an accessory Residential use is permitted if it is located in a non-

residential building it shall conform with General Provision 3.20, dwelling in a Non-Residential building.

Landscaped Buffer: Where any Rural Commercial Zone abuts any Residential Zone 3 metres of the


TABLE 6.2.3 – RURAL COMMERCIAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES(3)

RURAL RESORT RESORT

BACKLOT TENT &


LAND EXTENSIVE


RuC1 RuC2 RuC2B

(1) RuC3 RuC4 RuC5

RuC6 (4)


61 m (200 ft.)

76.2 m (250 ft.)

--- 91.4 m (300 ft.)

91.4 m (300 ft.)

91.4 m (300 ft.)

91.4 (300 ft.)


0.4 ha. (1 ac.)

0.8 ha. (2 ac.)

4 ha. (10 ac.)

4 ha. (10 ac.)

2 ha. (5 ac.)

2 ha. (5 ac.)

2 ha. (5 ac.)

Maximum Lot Coverage (%) 10% 10% 1% 10%

10%

5% 5%


15.2 m (50 ft.)

(2)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

(2)

15.2 m (50 ft.)

(2)

Minimum Interior Side Yard Setback (m) 9 m

(30 ft.) 9 m

(30 ft.)

20.1 m (66 ft.)

30 m (100 ft.)

30 m (100 ft.)

30 m (100 ft.)

30 m (100 ft.)


15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)

15.2 m (50 ft.)


15.2 m (50

ft.)15.2

15.2 m (50 ft.)15.2

15.2 m (50 ft.)15.2

15.2 m (50 ft.)15.2

15.2 m (50 ft.)15.2

15.2 m (50 ft.)15.2

15.2 m (50 ft.) 15.2


13.7 m (45 ft.)

13.7 m (45 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

9.1 m (30 ft.)

12.2 m (40 ft.)


of 379

6.0 RURAL ZONES


119

Parking and Loading: For Parking and Loading Area requirements see General Provision 3.29 and

3.30. 6.2.4.3

6.2.4.4

The inclusion of a “-S” suffix to a zone symbol indicates that the area is a Scenic Corridor. The zoning provisions of the prefix apply to this area except the front yardyard setbacksetback or the setbacksetback from the lot linelot line abutting the scenic corridor as identified in the TownshipTownship of Muskoka Lakes Official Plan. The setbacksetback adjacent to the corridor shall be 30.5 metresm (100 ft.).. The front yard setbacksetback for each building and structure which existed prior to December 18, 2006, which is considered legal non-complying due to an encroachment into the required 30.5 metre m (100 ft.) front yard setbacksetback, shall be the existing setbacksetback or a minimum of 15.2 metresm (50 ft.) from the front lot line, whichever is greater for each building or structure. Any new building or structure shall comply with the requirements of the table to which this is a footnote.of Section 6.2.3. Where an RuC6 zone abuts or gains access from District Road 169, light industry is not a permitted use. Any light industry use is restricted to low effluent producing uses.

6.2.5

DWELLING UNIT:

6.2.5 SPECIAL PROVISIONS: RURAL COMMERCIAL (RUC1) Where an accessory Residential use is permitted if it is located in a non-residential

building it shall conform with General Provision 3.19, dwelling in a Non-Residential building.

The following further requirements are applicable in RuC1 zone. 6.2.6 LANDSCAPED BUFFER: No open storageopen storage of goods or materials is permitted unless the following

provisions are complied with: Where any Rural Commercial Zone abuts any Residential Zone 3 m (10 ft.) of the


such open storageopen storage is an accessory useAccessory Use to the main permitted use on the lot;

6.2.7 PARKING AND LOADING: such open storageopen storage complies with the required yards of the

applicable zone;

6.2.8

For Parking and Loading Area requirements see General Provision 3.28 and 3.29. SPECIAL PROVISIONS: RURAL COMMERCIAL (RUC1) The following further requirements are applicable in RuC1 zone. No open storage of goods or materials is permitted unless the following provisions are complied with: a. such open storage is an Accessory Use to the main permitted use on the lot; b. such open storage complies with the required yards of the applicable zone;


of 379

6.0 RURAL ZONES


120

c. any portion of a lot used for such open storage is screened from adjacent residential uses and streets adjoining the lot by buildings or a landscaped buffer.

any portion of a lot used for such open storage is screened from adjacent residential uses and streets adjoining the lot by buildings or a landscaped buffer.

6.2.69 SPECIAL PROVISIONS: COMMERCIAL BACKLOT (RUC2B) The following further requirements are applicable in the RuC2B zone: a. The maximum gross floor area allowed for all permitted usesuses on a lot in a

RuC2B zone is limited to 1% of the lot arealot area zoned RuC2B zone to a maximum of 4046.7 square metres.m² (43,560 ft.²).

b. The interior side yard in a RuC2B zone, which abuts any zone other than a

residentialresidential zone shall be 9.1 metresm (30 ft.). c. No uses are permitted on a lot zoned Resort Commercial Backlot (RuC2B)

unless such lot is part of a Tourist Resort, Hotel or Motel, which also includes a lot or a part of a lot zoned CommunityRural Resort Commercial.

6.2.710 SPECIAL PROVISIONS: RURAL TENT AND TRAILER ZONE (RUC3) The following further requirements are applicable in the RuC3 zone: a. No campsite may be located within 30.5 metresm (100 ft.) of any lot line or high

water mark; b. Minimum area of each campsite – 232.3 square metres m² (2500 ft.²);

b.c. Housekeeping Units and cabins may be erected and usedused only in

accordance with the following requirements: i) minimum lot area, per cabin located on the lot – 464.5 square

metres;m² (5000 ft.²); ii) maximum floor area per cabin – 92.9 square metresm² (1000 ft.²); iii) minimum lot area per housekeeping unit located on the lot – 696.8

square metresm² (7500 ft.²); iv) maximum floor area per housekeeping unit – 111.5 m² (1200

ft.²)square metres; v) total number of housekeeping units and cabins on a lot shall not

exceed 10% of the number of developed campsites on the lot. c.d. The total lot size requirement is the sum of the requirements for each


6.2.811 SPECIAL PROVISIONS: RURAL PRIVATE CAMPPRIVATE CAMP (RUC4) The following specific requirements are applicable in this zone: a. No campsite may be located within 30.5 metresm (100 ft.) of any lot line or high

water mark.


of 379

6.0 RURAL ZONES


121

b. Minimum area of each campsite – 232.3 m² (2500 ft.²). square metres.


of 379

6.0 RURAL ZONES


122

6.3 RURAL INDUSTRIAL ZONE (RuM)

6.3.1 Permitted UsesUses No personperson shall, in any of the Rural Industrial Zones, use any lot or erect,

locate, alter or use any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 6.3.1:

TABLE 6.3.1 – RURAL INDUSTRIAL ZONE, PERMITTED MAIN USES

PERMITTED USES

LIGHT WASTE

DISPOSAL EXTRACTIVE SALVAGE YARDS

RuM1

RuM2

RuM3 RuM4

AGRICULTURE X

CONTRACTOR’S YARD X

LIGHT INDUSTRY X

MARINA X

PIT OR QUARRY X

SALVAGE YARD X

SERVICE SHOP X

WASTE DISPOSAL X

WASTE TREATMENT FACILITY X

WAYSIDE PIT OR QUARRY X

CONTRACTOR’S YARD (ACCESSORY ONLY)

X X


(ACCESSORY ONLY) X X X

OFFICE (ACCESSORY ONLY) X X X X

RETAIL STORE (ACCESSORY ONLY) X X



of 379

6.0 RURAL ZONES


123

6.3.2 Zone Requirements No personperson shall within any of the Rural Industrial Zones use any lot, or erect,

locate, alter or use any building or structure except in accordance with the following requirements as noted in Table 6.3.2 and applicable Special Provisions:


6.3.3 RURAL INDUSTRIAL ZONE PROVISIONS 6.3.3.1 The inclusion of a “-S” suffix to a zone symbol indicates that the area is a Scenic

Corridor. The zoning provisions of the prefix apply to this area except the front yardyard setbacksetback or the setbacksetback from the lot linelot line abutting the scenic corridor as identified in the TownshipTownship of Muskoka Lakes Official Plan. The setbacksetback adjacent to the corridor shall be 30.5 metresm (100 ft.). The front yard setbacksetback for each building and structure which existed prior to December 18, 2006, which is considered legal non-complying due to an encroachment into the required 30.5 metre m (100 ft.) front yard setbacksetback, shall be the existing setbacksetback or a minimum of 15.2 metresm (50 ft.) from the front lot line, whichever is greater for each building or structure. Any new building or structure shall comply with the requirements of the table to which this is a footnote.

6.3.4 LANDSCAPED BUFFERLANDSCAPED BUFFER: Where any Rural Industrial Zone abuts any ResidentialResidential Zone, 6.1

metresm (20 ft.) of the required yard abutting the zone shall be planted and maintained as a landscaped buffer.


For Parking and Loading Area requirements see General Provision 3.289 and

3.3029. 6.3.6 OBNOXIOUS USE:

TABLE 6.3.2 – RURAL INDUSTRIAL ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES

LIGHT WASTE

DISPOSAL EXTRACTIVE

SALVAGE YARDS

RuM1 RuM2 RuM3 RuM4


91.4 m² (3000 ft.²)

--- --- 91.4 m²

(3000 ft.²)


0.8 ha. (2 ac.)

--- --- 1 ha.

(2.5 ha.)

Maximum Lot Coverage (%) 10% --- 10% ---


15.2 m (50 ft.)

--- 20.1 m (66 ft.)

20.1 m (66 ft.)


9.1 m (300 ft.)

--- 20.1 m (66 ft.)

20.1 m (66 ft.)

Minimum Exterior Side Yard

Setback (m)

9.1 m

(300 ft.) ---

20.1 m

(66 ft.)

20.1 m

(66 ft.)


(m)

9.1 m

(300 ft.) ---

20.1 m

(66 ft.)

20.1 m

(66 ft.)


--- 10.7 m (35 ft.)

10.7 m (35 ft.)


of 379

6.0 RURAL ZONES


124

An obnoxious use is not permitted.

6.3.7 GATEHOUSE:

A gatehouse shall be permitted in a required front or side yard adjacent to the

street line. A gatehouse shall be a maximum floor area of 9.3 square metresm² (100 ft.²)..

6.3.8 OPEN STORAGEOPEN STORAGE:

No open storageopen storage of goods or materials is permitted unless the

following provision is complied with: i) any portion of a lot usedused for open space storage must be

screened from adjacent residentialresidential uses and streets adjoining the lot by buildings or landscaped buffer.

6.3.9 RETAIL SALES:

An industrial use may include retail sales provided it is an accessory useAccessory

Use to the main use and provided that the retail sales area does not exceed 15% of the industrial floor area.

6.3.10 RESTRICTED INDUSTRIES:

In the absence of a sewer servicesewer service the pPermitted uses are restricted

to those industries which use water only for the personpersonal use of the employees and not in connection with any manufacturing, processing, assembling or fabricating process with the exception of a pit or quarry or wayside pit or wayside quarry.


of 379



125

7.1 INSTITUTIONAL ZONE (I) 7.1.1 Permitted UsesUses No personperson shall within the Institutional Zone (I) use any lot or erect, locate,

alter or use any building or structure for any purpose except in accordance with the following applicable zones as noted below in Table 7.1.1:

a. Public Use;

b. Nursing Home, Retirement Home or Home for the Aged; c. Arena, Curling Club, Service Club; d. Church; e. Place of Worship; f. Educational Institutions; Nursery School;

g. Hospital or Nursing Station; and,

h. Residential use (In the form of a dwelling) as accessory to any permitted use

listed above. 7.1.2 Zone Requirements No person shall within the Institutional Zone (I) use any lot, or erect, locate, alter or


TABLE 7.1.1 – INSTITUTIONAL ZONE, PERMITTED USES

PERMITTED USES INSTITUTIONAL (I)

PUBLIC USE X

NURSING HOME X

RETIREMENT HOME X

HOME FOR THE AGED X

ARENA X

CURLING CLUB X

SERVICE CLUB X

CHURCH X

PLACE OF WORSHIP X

EDUCATIONAL INSTITUTIONS X


of 379



126

NURSERY SCHOOL X

HOSPITAL X

NURSING STATION X

RESIDENTIAL USE, ACCESSORY X


7.1.2 Zone Requirements No person shall within the Institutional Zone (I) use any lot, or erect, locate, alter or


TABLE 7.1.2 – INSTITUTIONAL ZONE PROVISIONS

ZONE LOT REQUIREMENTS MINIMUM YARD REQUIREMENTS

MAXIMUM HEIGHT

TITLE SYMBOL MIN.

FRONTAGE MIN.

AREA

MAX. COVER-

AGE FRONT INT.SIDE

EXT. SIDE

REAR

INSTITUTIONAL I 61 Mm (200 ft.)

0.4 HAha. (1 ac.)

30 % 7.6 Mm

(1) (25 ft.)

4.6 Mm (15 ft.)

7.6 Mm (25 ft.)

4.6 Mm (15 ft.)

12.2 m (40 ft.)M



of 379



127

7.1.3. INSTITUTIONAL ZONE PROVISIONS

7.1.3.1 Where a lot abuts the high water mark, the minimum front yard setbacksetback shall be 220.1 metresm. (66 ft.)

7.1.34 COMMUNITY LOT REQUIREMENTS Despite the provisions listed in Table 7.1.2, where an Institutional use exists in a

Community Zone the following shall apply:

LOT FRONTAGE LOT AREA

Sewer and Water 20.1 m (66 ft.) 0.1 ha (0.25 ac.)

Sewer or Water 30.5 m (100 ft.) 0.2 ha (0.50 ac)

Private Service 45.7 m (153 ft.) 0.4 ha (21.0 ac.)


of 379



128

7.1.45 PARKING AND LOADING For Parking and Loading requirements see General Provision 3.289 and 3.2930. 7.1.56 STRUCTURESSTRUCTURES OVER WATER A boathouse and dock may be located in a Waterbody Open Space (WOS) Zone

where it abuts an Institutional (I) Zone, or in an Institutional Zone (I), provided it is an accessory useAccessory Use to the main permitted use and is subject to the following:

i) in the case of a dock a) no part of any dock shall extend beyond 24.4 metresm (80 ft.) from the high

water mark; b) no part of any dock shall be erected within 9.1 metresm (30 ft.) of the side or

rear lot line or any 30.5 m (100 ft.) metre straight line projection thereof, from the high water mark;

c) the total cumulative width of docks and boathouses on a lot shall not exceed 25% of the lot frontage or 15.2 metresm (50 ft.), whichever is greater; and,

d) athe dock is permitted to extend from or to be located in the front yard of a lot,

a maximum distance of 3 metresm (10 ft.). ii) in the case of a boathouse a) no part of any boathouse shall extend beyond 15.2 metresm (50 ft.) from the

high water mark; b) the total cumulative dock and boathouse width shall not exceed 25 percent%

of the lot frontage or 15.2 metresm (50 ft.), whichever is greater; c) the boathouse shall not exceed a height of 7.6 metresm (25 ft.);

d) no part of any single storeystorey boathouse shall be erected within 9.1

metresm (30 ft.) and two storeystorey boathouse 13.7 metresm (45 ft.) of the side or rear lot line or any 30.5 m (100 ft.)etre straight line projection thereof, from the high water mark;

e) the boathouse is permitted to extend from or to be located in the front yard of

a lot, a maximum distance of 3 metresm (10 ft.); and, f) the boathouse shall only be usedused for the storage and servicing of boats

and marine related equipment.


of 379

8.0 ENVIRONMENTAL PROTECTION ZONES


129

8.1 ENVIRONMENTAL PROTECTION ZONE (EP1, EP1-PSW, EP2) 8.1.1 Permitted UsesUses a. No personperson shall within the Environmental Protection Zones (EP1, EP1-PSW),

being environmentally sensitive lands which require protection, use any lot or erect, locate, alter, or use any building or structure for any purpose except in an Environmental Protection Zone (EP1) and in accordance with the following:

All structuresstructures, buildings and facilities necessary in conjunction with: i) The production of cranberries excluding buildings and

structuresstructures; ii) flood control; iii) erosion control; and iv) provision of pedestrian access such as a boardwalk but not including

shoreline structuresstructures. 8.1.2 Zone Requirements No personperson shall within the Environmental Protection Zone (EP2), being

environmentally sensitive lands which require protection, use any lot, or erect, locate, alter or use any building or structure for any purpose except docks and boathouses in accordance with the provisions of the closest abutting zone.

8.1.3 Specific Zone Requirements Special Provisions: Environmental Protection (EP2) The following specific requirements are applicable in this zone: a. No building or structure except those listed in Section 8.1.1 shall be erected

within 30 metresm (100 ft.) of an Environmental Protection (EP2) Zone.


of 379



130

9.1 WATERBODY OPEN SPACE ZONE (WOS): LANDS UNDER WATER

9.1.1 Limitation The provisions of this section of this By-law do not constitute regulation of

navigation or shipping, which are within the exclusive jurisdiction of the Government of Canada.

9.1.2 Permitted UsesUses No personperson shall within the Waterbody Open Space (WOS) Zone use any lot

or land covered by water, or erect, locate, alter or use any building or structure for any purpose except for the following:

a. in the case of lands under water abutting lots zoned ResidentialResidential

and Commercial: Docks, boathouses, or sun shelters if they are an accessory useAccessory

Use to the permitted uses of the nearest abutting zone above the high water mark and subject to the provisions of the abutting zone; or

b. in the case of lands under water abutting lands zoned Waterfront

LandingWaterfront landing (WL) or MarinaMarina Commercial (WC2, C2): The permitted uses of the nearest abutting zone above the high water mark,

excluding dwelling units and subject to the provisions of that zone for docks and boathouses.

c. in the case of lands abutting an Environmental Protection (EP1) zone,

Environmental Protection – Provincially Significant Wetlands (EP1-PSW) or an Environmental Protection (EP2) zone:

The permitted uses set out in Sections 8.1.1. and 8.1.2. 9.1.3 Zone Requirements No personperson shall within the Waterbody Open Space (WOS) Zone use any lot

or land covered by water, or erect, locate, alter, or use any building or structure except in accordance with the Zone and Specific Zone Requirements applicable to the nearest abutting zone above the high water mark.


of 379



131

9.2 OPEN SPACE ZONES (OS) 9.2.1 Permitted UsesUses No personperson shall within any Open Space Zone use any lot or erect, locate,

alter or use any building or structure or any purpose except in accordance with the following applicable zones as noted below in Table 9.2.1:

TABLE 9.2.1 – OPEN SPACE ZONE, PERMITTED USES

PERMITTED USES OS1

(PUBLIC OPEN SPACE)

OS2 (PRIVATE OPEN

SPACE)

OS3 (COMMERCIAL OPEN

SPACE)

OS4 (PRIVATE OPEN

SPACE ISLANDS)

AGRICULTURAL USES X X X

CONSERVATION X X X X

FORESTRY OPERATION X X

GOLF COURSE X

HUNT CAMP X X

MUSEUM X

OPEN SPACE RECREATION X X X X

PRIVATE CLUB X

PRIVATE PARK X

WAYSIDE PIT OR QUARRY X X X



of 379



132

9.2.2 Zone Requirements No personperson shall within any Open Space Zone (OS1, OS2, OS3, OS4) use any

lot or erect, locate alter or use any building or structure except in accordance with the following requirements as noted below in Table 9.2.2 and applicable Special Provisions:

9.2.3 SPECIAL PROVISIONS: OPEN SPACE PUBLIC AND PRIVATE LANDS (OS1, OS2) The following specific requirements are applicable in these zones:

a. A building may be erected if it is an accessory useAaccessory uUse to a permitted use, or a use which existed at the time of the passing of this By-law and does not exceed a floor area of 23.2 square metresm

2 (250 ft²).

b. A dock may be located in a Waterbody Open Space (WOS) Zone

where it abuts an Open Space (OS1, OS2) Zone or in an Open Space (OS1, OS2) Zone provided it is subject to the following:

i) no part of any dock shall extend beyond 20.1 metresm (66 ft.)

from the high water mark; ii) no part of any dock shall be erected within 9.1 metresm (30 ft.)

of the side or rear lot line of any 30.5 metre m (100 ft.) straight line projection thereof from the high water mark;

iii) thea dock is permitted to extend from or to be located in the

front yard of a lot and shall not extend more than 3 metresm (10 ft.) onto land; and,

iv) the total cumulative width of docks on a lot shall not exceed

15% of the lot frontage or 13.7 metresm (45 mft.), whichever is lesser.

TABLE 9.2.2 – OPEN SPACE ZONE PROVISIONS

LOT

REQUIREMENTS

ZONES

OS1 OS2 OS3 OS4


--- --- 201.2 m (660 ft.)

30.5 (100 ft.)


--- --- 10.1 ha. (25 ac.)

0.14 ha. (0.35 ac.)

Maximum Lot Coverage (%) --- 5% 5% ---

Minimum Front Yard Setback (m) ---

6.1 m (20 ft.)

20.1 m (66 ft.)

10.7 m (35 ft.)


--- 3 m

(10 ft.) 9.1

(30 ft.) ---


--- 7.6 m (25 ft.)

20.1 m (66 ft.)

---

Minimum Rear Yard Setback (m) ---

3 m (10 ft.)

9.1 m (30 ft.)

---

Maximum Height (m) ---

4.6 m (15 ft.)

12.2 m (40 ft.)

4.6 m (15 ft.)4.6


of 379



133

c. A hunt camp may be erected and usedused only in accordance with

the following: i) A maximum of two (2) hunt camps shall be permitted per lot. ii) Maximum gross floor area of each hunt camp – 92.9 m² (1000

ft.²).square metres d. A dwelling unit is not permitted.

9.2.4 SPECIAL PROVISIONS: OPEN SPACE COMMERCIAL (OS3) The following specific requirements are applicable in this zone: a. Where a building is erected or altered within 15.2 metresm (50 ft.) of a

ResidentialResidential lot, 3 metresm (10 ft.) of the required yard, abutting the residentialresidential lot shall be planted and maintained as a landscaped buffer.

b. A dwelling unit is permitted if it is an accessory useAccessory Use to the main use

on the lot and if it is located in a non-residentialresidential building shall conform with General Provision 3.1920, dwelling in a Non-ResidentialResidential building.

c. A boathouse may be located in a Waterbody Open Space Zone (WOS) where it

abuts an Open Space (OS3) or in an Open Space Zone (OS3), provided it is an accessory useAccessory Use to the main permitted use, and is subject to the following:

b. In the case of a boathouse i. No part of any boathouse shall extend beyond 15.2 metresm (50 ft.) from the

high water mark; ii. The total cumulative dock and boathouse width on a lot shall not exceed 25

percen%t of the lot frontage or 7.6 metresm (25 ft.) whichever is greater, and the boathouse width of any individual boathouse shall not exceed 22.9 metresm (75 ft.);

iii. The boathouse shall not exceed a height of 7.6 metresm (25 feet.); iv. No part of any boathouse shall be erected within 9.1 metresm (30 ft.)of the

side or rear lot line or any 30.5 m (100 ft.) etre straight line projection thereof, from the high water mark;

v. AThe boathouse is permitted to extend into or to be located in the front yard

of a lot, a maximum distance of 3 metresm (10 ft.); and vi. The boathouse shall only be usedused for the storage and servicing of

boats and marine related equipment. d. A dock may be located in a Waterbody Open Space (WOS) Zone where it abuts an

Open Space (OS3) Zone or in an Open Space (OS3) Zone, provided it is subject to


of 379



134

the following: In the case of a dock i. No part of any dock shall extend beyond 24.4 metresm (80 ft.) from the high

water mark; ii. No part of any dock shall be erected within 9.1 metresm (30 ft.) of the side

or rear lot line or any 30.5 metre m (100 ft.) straight line projection thereof, from the high water mark;

iii. The total cumulative width of docks on a lot shall not exceed 25% of the lot frontage or 7.6 metresm (25 ft.), whichever is greater; and,

iv. AThe dock is permitted to extend from or to be located in the front yardyard

of a lot, a maximum distance of 3 metresm (10 ft.). e. See General Provisions 3.289 and 3.2930 for Parking and Loading Requirements.

9.2.5 SPECIAL PROVISIONS: OPEN SPACE PRIVATE ISLANDS (OS4) The following specific requirements are applicable in this zone: a. A picnic shelter may be erected provided it does not exceed a floor area of

23.2 square metres.m² (250 ft.²). b. A picnic shelter shall only be single storeystorey with a maximum height of 4.6

metresm (15 ft.) . c. In the case of a picnic shelter with a flat roof, the roof cannot be usedused as

a sundeck, for lounging, or for picnicking. d. One dock may be constructed parallel to the shoreline, which abuts the

shoreline for its whole width, covering no more than 9.1 metresm (30 ft.) of the lot frontage and may project no more than 1.8 metresm (6 ft.) from the high water mark, OR

One dock may be constructed, other than parallel to and abutting the

shoreline along its whole width, projecting no more than 9.1 metresm (30 ft.) from the high water mark and be no more than 1.8 metresm (6 ft.) in width.


of 379

10.0 GENERAL RESTRICTED ZONE


135

10.1 GENERAL RESTRICTED ZONE (GR) 10.1.1 Permitted UsesUses No personperson shall within a General Restricted (GR) Zone use any lot except for

those usesuses, which existed on the date this By-law was passed. Any new shoreline structuresstructures, or expansion or extension of existing shoreline structuresstructures shall only be permitted by way of a site-specific Zoning By-law Amendment.

10.1.2 Enlargement of Permitted UsesUses Nothing in this By-law prevents the enlargement or alteralterationation of an existing

building or structure in a GR Zone, or the erection of any building or structure accessory to the use of the lot in a GR Zone, provided that the use of the lot does not change and the enlargement or erection conforms with the zone requirements for the General Restricted (GR) Zone.

10.1.3 Zone Requirements No personperson shall within the General Restricted (GR) Zone use any lot or erect,

locate, alter or use any building or structure except in accordance with the following requirements as noted below in Table 10.1.3:

TABLE 10.1.3 – GENERAL RESTRICTED ZONE PROVISIONS

ZONE LOT REQUIREMENTS MINIMUM YARD REQUIREMENTS MAXIMUM HEIGHT

TITLE SYMBOL MIN.

FRONTAGE MIN.

AREA

MAX. COVER-

AGE FRONT

INT. SIDE

EXT. SIDE

REAR MAIN

BUILDING ACC.

BUILDING

GENERAL RESTRICTED

GR 61 m

(200 ft.)M

0.4 ha. (1

ac.)HA

20 % 15.2 Mm (50 ft.)

9.1 Mm (30 ft.)

15.2 Mm

(50 ft.)

15.2 Mm

(50 ft.)

9.1 Mm (30 ft.)

6.1 m (20 ft.)M


of 379

11.0 DEFINITIONS


136

11.1 Accessory Structure: Shall mean a building or structure, the use of which is incidental, subordinate, and exclusively devoted to the principal use and located on the same lot.

11.2 Accessory UseAccessory Use:

Shall mean a use naturally and normally incidental to, subordinate to, or exclusively devoted to a principal use and located on the same lot.

11.3 Accommodation Unit:

Shall mean a room or suite of rooms usedused or maintained for the accommodation of the travelling or vacationing public and which does not contain a kitchen.

11.4 Agricultural Use:

Shall mean the use of land, buildings or structuresstructures for the purposes of animal husbandry, horticulture, dairying, fallow and / or forestry, and shall include crops and pasturage, raising of poultry and other similar uses and shall include roadside facilities for the retail sale of produce grown on the farm. Agricultural use does not include the extraction, mining, or excavating of peat for commercial purposes.

11.5 Agri-Tourism:

Shall mean the act of visiting a working farm, or any agricultural, horticultural or agri-business operation,Agricultural use which is designed to accommodate the visiting public for the purpose of enjoyment, education or active involvement in the activities of the farmfarm or operation.

11.6 Alter:

Shall mean, when usedused in reference to a building, structure or part thereof, to change any one or more of the internal or external dimensions of such building or to change the type of construction of the exterior walls or roof or a change from one type of occupancy to another or a structural alteration or change. When usedused in reference to a lot the word alter means a change in use or a decrease or increase in the width, depth or area or to decrease or increase the width, depth or area of any required yardyard, setbacksetback, or boundary of such lot with respect to a public road or waterbodystreet or high water mark, whether such alteration is made by conveyance or alteration or any portion of said lot or otherwise.

11.7 Artist Studio:

Shall be defined as the workroom of an artist, as a painter or sculptor or a room, or place for instruction or experimentation in one of the performing arts, or a room or set of rooms specially equipped for developing photographs within a building or structure..

11.8 Automobile Sales Establishment:

Shall mean a building or structure or a clearly defined space on a lot usedused for the display and sale of motor vehicles and may include the servicing, repair, cleaning, polishing, and lubricating of motor vehicles, the sale of automotive accessories and


of 379

11.0 DEFINITIONS


137

related products, and the leasing or renting of motor vehicles.


of 379

11.0 DEFINITIONS


138

11.9 Automobile Service Station:

Shall mean a building or structure or a clearly defined space on a lot where gasoline, or other motor fuels and conveyance accessories are stored or kept for sale and where repairs essential to the actual operation of motor vehicles are executed or performed and includes areas where motor vehicles are parked or stored for remuneration, hire or sale and may include a gas bar.

11.10 Automobile Washing Establishment:

Shall mean a garage for washing and cleaning motor vehicles.

11.11 Basement:

Shall mean that portion of a building between two floor levels which has at least one half of the distance from the average finished floor to underside of joist, below the average finished grade.

11.12 Bay/Bow Window:

Shall mean a window or series of windows forming a bay in a room which projects outward from the wall but does not require footings or additional structural support.

11.13 Bed & Breakfast:

Shall mean a single detached dwelling unit in which not more than three bedrooms are usedused or maintained for the accommodation of the travelling or vacationing public, in which the Owner supplies lodgings either with or without meals for the personpersons so accommodated and which may be classified as a home based business.

11.14 Berm:

Shall mean a landscaped natural or manmade rise in land or a hill, designed to screen or buffer adjacent uses.

11.15 Boardwalk:

Shall mean a constructed pedestrian walkway along or overlooking beaches, or walking paths and trails over bogs, wetlands or fragile ecosystems, generally constructed of wood or similar material intended to provide minimal disruption to the natural environment.

11.16 Boat Parking Space:

Shall mean a single parking spaceparking space for a boat or other marine vessel, which forms part of a dock, boathouse or other mooring facility.

11.17 Boathouse:

Shall mean an accessory building built or anchored near the shore for the berthing and sheltering of boats or other marine related equipment and enclosed by more than one wall. The second storeystorey of the boathouse may include a sleeping cabin or other usesuses, as outlined by the applicable zone requirements. For the purposes of the applicable zone requirements and permitted uses, a boathouse shall include a


of 379

11.0 DEFINITIONS


139

boatport. 11.18 Boathouse Width:

Shall mean the longest perpendicular measurement from any point on the exterior of one sidewall of a boathouse (or the outside of a supporting post in the case of a boatport) to any point on the exterior of the opposite sidewall (or supporting post in the case of a boatport), provided overhangs do not exceed 1.2 metresm in width, in which case width shall be measured to the exterior of the overhangs. For the purpose of this definition, a sidewall means the outside wall of a boathouse, which is the closest to being perpendicular to the high water mark immediately behind such boathouse.

11.19 Boatport:

Shall means a roofed accessory building built or anchored near the shore for the purpose of berthing and sheltering of boats or other marine related equipment and is not enclosed by more than one wall.

11.20 Building:

Shall mean any structure usedused or intended to be usedused for shelter or occupation of personpersons, animals or chattels other than a fence or wall.

11.21 Building Envelope:

Shall mean the buildable area of a lot, defined by all required setbacksetbacks and maximum height requirements, within which a building can be erected, as established in this By-law.

11.22 Building Main:

Shall mean a building in which the principal use of the lot is conducted.

11.23 Building Supply Yard:

Shall mean a commercial building and lot for the sale and storage of building materials and equipment, and may include incidental assembly / fabrication for the purposes of sales and service for a wide variety of building supplies, including but not limited to the following: lumber, millwork, siding, plumbing, fencing, electrical supplies, heating equipment and other commodities.

11.24 Bulk Fuel Storage:

Shall mean a tank for the bulk storage of petroleum, gasoline, fuel oil, gas or flammable liquid or fluid.

11.25 Cabin:

Shall mean a building without a kitchen designed for the overnight accommodation of the travelling or vacationing public.

11.26 Campsite:

Shall mean an area of land within a tent and trailer park or private camp which is designed to accommodate the placement of tents, recreational vehicle, motor coach


of 379

11.0 DEFINITIONS


140

or truck campers for the temporary quarters of a travelling or vacationing family.

11.27 Church:

Shall mean a building dedicated to religious worship and may include a church hall, church, auditorium, Sunday school, convent, monastery or parish hall.

11.28 Clinic, Medical:

Shall mean a public or private building usedused for medical, surgical, dental, physio therapeutic chiropractic or other human health treatment, consultation or diagnosis by one or more practitioners.

11.29 Clinic, Veterinary:

Shall mean a building or structure where animals, birds or other livestock are treated and where domestic animals or birds are kept for treatment.

11.30 Commercial Houseboat:

Shall mean a boat, rented for commercial gain, which contains facilities for overnight accommodation of people by including facilities for sleeping, the preparation, storage and cooking of food, and sanitary facilities.

11.31 Conservation:

Shall mean the protection and improvement of the components of the natural environment through comprehensive management and maintenance for both the individual and society’s usesuses both in the present and in the future.

11.32 Contractor’s Yard:

Shall mean an area of a lot usedused by contractor’s, including but not limited to, construction, mechanical, electrical, structural, plumbing, or landscaping contractors to store, maintain, or repair construction equipment and material. It may include a business officeoffice related to the business, and may include an area for the parking of employees’ vehicles. It does not include an area for the crushing or screening of aggregates or topsoil.

11.33 Convenience Store:

Shall mean a retail commercial establishment supplying groceries and other daily household supplies to the immediate surrounding area.

11.34 Corporation:

Shall mean the Corporation of the TownshipTownship of Muskoka Lakes.

11.35 Covered Area:

Shall mean an area covered by a roof bounded by a maximum of three walls which is open at one end or side.

11.36 Cultural Centre:


of 379

11.0 DEFINITIONS


141

Shall be defined as a building complex that promotes culture and arts.

11.37 Cumulative Width:

Shall mean in reference to a boathouse or a dock is the sum of the widths of every boathouse and every dock on the lot. Cantilevered structures and free-standing boat lift.s shall be included.

11.38 District:

Shall mean the District Municipality of Muskoka.

11.39 Disturbed Site Area

Shall mean the removal of vegetation and/or the alteration of land from its natural state which would permanently affect the permeability of the site.

11.40 Dock:

Shall mean a structure built at or anchored to the shore at which boats or other floating vessels are berthed or secured to and which may provide a foundation for a boathouse. Any structure situated in or over lands covered by water, which is within 3 m (10 feetft.) of a dock, shall be deemed to be part of the dock unless it is a boathouse or a boatport.

11.41 Dwelling, Apartment: Shall mean a building which contains three or more dwelling units each having independent entrances directly from the outside of the building or through a common entrance.

11.42 Dwelling, Converted:

Shall mean a completed separate building that was originally designed for, and constructed as a single detached dwelling unit that is converted to a maximum of three (3) dwelling units.

11.43 Dwelling, Duplex:

Shall mean a separate building that is divided horizontally into two (2) separate dwelling units each of which has an independent entrance either from the outside or through a common vestibule.

11.44 Dwelling, Multiple:

Shall mean a building, which contains two (2) or more dwelling units.

11.45 Dwelling, Row:

Shall mean a group of three (3) but not more than eight (118) attached dwelling units having independent entrances directly from the outside.


of 379

11.0 DEFINITIONS


142

11.46 Dwelling Unit, Secondary:

Shall mean a separate dwelling unit subsidiary to, which may be located in the same building as, its principal dwelling unit, semi-detached dwelling or townhouse dwelling unit or within a building or structure accessory to the dwelling unit.

11.47 Dwelling, Semi-detached:

Shall mean a pair of attached dwelling units with a common masonry wall extending from the base of the foundation to the roofline.

11.48 Dwelling Unit or Dwelling:

Shall mean one or more habitable rooms designed for use by and occupation by not more than one family in which sanitary facilities and only one (1) separate kitchen are provided for the exclusive use of such a family, with a private entrance from outside the building or from a common hallway or stairway inside the building. A recreational vehicle or mobile home or housekeeping unit is deemed not to be a dwelling unit for the purpose of this By-law. A dwelling unit includes an attached garage but shall not include a tourist resort unit.

11.49 Dwelling Unit, Single Detached:

Shall mean a separate building containing only one (1) dwelling unit.

11.50 Dwelling Unit, Townhouse:

Shall mean a building which contains three (3) or more dwelling units each having independent entrances directly from the outside of the building.

11.51 Erect:

Shall mean to build, construct, reconstruct, alter, enlarge and relocate and without limiting the generality of the foregoing is taken to include any associated physical operation such as excavating, grading and/or structurally altering any existing building or structure by an addition, deletion, enlargement or extension.

11.52 Established Building Line:

Shall mean the average setbacksetback from the front or rear lot line of existing buildings and structuresstructures within 61 metresm (200 ft.) of the side lot lines of the subject property.

11.53 Family:

Shall mean one or more personpersons living together in one dwelling unit.

11.54 Farm:

Shall mean land usedused for the tillage of soil and the growing of vegetables, fruits, grains and other staple crops including livestock raising, dairying or woodlots and includes a farmfarm single detached dwelling unit and accessory buildings.


of 379

11.0 DEFINITIONS


143

11.55 Farm, Specialized Use:

Shall mean land on which the predominant economic activity consists of raising chickens, turkeys or other fowl, the raising of hogs, goats, horses or cattle on feed lots, the raising or boarding of dogs or cats or the growing of mushrooms.

11.56 Financial Business:

Shall mean an establishment, including, but not be limited to, a finance and loan company, mortgage company, investment and security company and other savings and credit establishments.

11.57 Floor Area:

Shall mean, with reference to a building the total habitable floor areafloor area of all storeystoreys within a building as measured between the exterior faces of the exterior walls or from the centre line of a common party wall, but excluding any private garageprivate garage, attached garagefloor area, breezeway, open porchporch, verandaveranda, balcony, attic, bay or bow windows, basement when usedused solely for the purpose of storage or cellar. In the case of walls less than 0.9 metresm (3 ft.) in heightheight, the floor area is the total area of all storeys within the interior surface of the walls where such exist. For for the purposes of a washroom and utility room in a boathouse, floor area is the area within the interior faces of the interior and exterior walls.

11.58 Floor Area, Gross (Dwelling)

Shall mean, in the case of a dwelling, the aggregate of allthe areas of all storeyshabitable rooms measured from the exterior faces of the exterior walls but excluding any detached accessory buildings, a breezeway, unenclosed sunroom or porchporch, and / or verandah, attic, bay and bow windows, cellar or basement when usedused solely for the purpose of storage, stairway, and utility rooms.

11.59 Floor Area, Gross (Building):

Shall mean, in the case of a building, other than a dwelling, the aggregate of the area of all storeysfloors devoted to retail sales, accommodation, customer service and / or OfficeOffice use and other similar usesuses, measured , to the face of exterior walls but shall not include mechanical rooms, common walls, stairwells, garbage and electrical rooms, parking structuresstructures and other similar useusess ancillary to the main useuse..

11.60 Floor Area, Ground:

Shall mean the floor area of the lowest storey of a building approximately at or first above the finished grade level, excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls at the floor level of such storey, but excludes car parking areaparking areas within the building and for the purpose of this definition the walls of an inner court area shall be deemed to be exterior walls.

11.61 Forestry Operation:

Shall mean the general raising and harvesting of wood for commercial purposes or


of 379

11.0 DEFINITIONS


144

gain and shall include the raising and cutting of fuel wood, pulpwood, lumber, Christmas trees and other forest products. A forestry operation does not include a sawmill.

11.62 Garage, Attached:

Shall mean a private garage attached to a dwelling by a common wall and/or common roof structure and shall be considered to be part of the main building.

11.63 Garage, Private:

Shall mean a building which is primarily usedused for the storage of motor vehicles, tools and household equipment incidental to residentialresidential occupancy and in which no business, occupation or service is conducted for profit unless otherwise specifically permitted in this By-law. Except in a Waterfront LandingWaterfront landing Zone (WL) a private garage is an accessory building. If a private garage is an attached garage, it is not an accessory building.

11.64 Gas Bar:

Shall mean a building or structure which is usedused primarily for the sale of gasoline, or other motor fuels including minor running repairs to motor vehicles.

11.65 Gazebo:

Shall mean a freestanding, roofed accessory structure usedused for the purpose of relaxation in conjunction with a residentialresidential dwelling which shall be open, screened, or glassed on all sides. A gazebo exceeding 18.6 square metresm

2 (200

sq. ft.) in floor area, which is screened or glassed, shall be considered to be a habitable room.

11.66 Golf Course:

Shall mean a public or private area operated for the purpose of playing golf and includes a driving range and a miniature golf course. A golf course may include a clubhouse.

11.67 Group Home:

Shall mean a single detached dwelling unit in which not more than six (6) personpersons, having physical, social or mental handicaps, reside as a family under the appropriate supervision of supervised personpersonnel, who may also reside in the dwelling unit, and which is licensed or approved by a Public Authority. A dwelling unit occupied for the purpose of providing shelter for persons on parole or released from penal institutions, or for persons ordered to reside there as a result of conviction of a criminal offence, is not a group home. A group home shall not include detention facilities.

11.68 Habitable Floor Area:

Shall mean the total floor area of all storeys contained within the exterior walls of a building including a basement where finished floor or grade to underside of joist heightheight is greater than 1.8 metresm, but excluding any attached garage, private garage, open porch, verandas, attic and sundeck.

11.69 Habitable Room:


of 379

11.0 DEFINITIONS


145

Shall mean a room in a dwelling or accessory structure, usedused or intended to be usedused primarily for human occupancy, but does not include a bathroom, toilet room, serving or storage pantry, laundry and corridor. A den, library, craftft. or hobby room, sewing room, enclosed sunroom, gazebo exceeding 18.6 square metresm

2 (200 sq. ft.), or screened room are deemed to be a habitable room under

this By-law. 11.70 Height:

Shall mean, when usedused in reference to a building or structure the vertical distance between the lowest finished ground surface at the exterior of the building and the highest point of the roof; or, in the case of a boathouse or sun shelter, the vertical distance between the top of the dock and the highest point of the roof; or in the case of a sundeck, the vertical distance between the lowest finished ground surface adjacent to the perimeter of the sundeck. In the case where a sundeck is joined to a building or other structure, the height of the sundeck and the height of the building or structure shall be measured separately, and each shall comply with the provisions of this By-law.

11.71 High Water Mark: Shall mean the present normal high water mark of a navigable waterway made by the section of water under natural conditions on the shores or bank of a body of water, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark, without regard to any dredging or filling carried out subsequent to October 24, 1980.

11.72 Home Based Business:

Shall mean a gainful occupation conducted in whole or part in a dwelling unit or accessory building in accordance with General Provision 3.134.

11.73 Home for the Aged:

Shall mean a geriatric Long Term Care Facility which provides supervision and assistance in activities of daily living with medical and nursing services as required.

11.74 Hotel:

Shall mean a type of tourist resort usedused mainly for the purposes of catering to the needs of the vacationing or travelling public by supplying food and drink and furnishing sleeping accommodation of not less than ten (10) accommodation units.

11.75 Housekeeping Units:

Shall mean a room or a suite of rooms maintained for the accommodation of the travelling or vacationing public and equipped with a kitchen.

11.76 Human Habitation:

Shall mean a place of abode occupied by humans primarily for, but not limited to eating, sleeping and living functions. Such functions also include leisure and


of 379

11.0 DEFINITIONS


146

recreational activities, such as sewing, reading, craftft.ing, hobbies, and exercising. 11.77 Hunt Camp:

Shall mean a building occupied not more than 14 days in any month and not more than 60 days in any twelve month period and usedused solely for the purposes of accommodating hunters. A hunt camp shall not be usedused as a dwelling unit.

11.78 Inclinator:

Shall mean a structure consisting of a cart on rails or track which is pulled up and down an incline or slope for the purpose of transporting people or goods. The structure may include a roofed structure no more than 9.3 square metresm

2 (100 sq.

ft.) in floor area at the upper and lower terminals of the inclinator. 11.79 Kennel:

Shall mean a place where dogs and/or other animals other than livestock as defined in the Agricultural Code of Practice (1976) are bred and raised, and are sold or kept for sale or boarded.

11.80 Kitchen: Shall mean a room or part of a room where food is stored or prepared or cooked, and which has cooking appliances.

11.81 Landings:

Shall mean a structure or platform between flights of stairs or at the head or foot of a staircase.

11.82 Landscaped Area:

Shall mean an area comprised of a naturally vegetated area, or lawn and ornamental shrubs, grasses, flowers, and trees, on a lot outside of all buildings and structuresstructures which is not usedused for parking, a sundecksundeck, or a patio and may include space occupied by paths and walkways.

11.83 Landscaped Buffer:

Shall mean a landscaped or naturally planted area reserved for the purpose of screening adjacent usesuses by the planting or maintaining of trees and shrubs and shall consist of at least a continuous row of trees, evergreens or shrubs, not less than 1.8 metresm (6 ft.) high.

11.844 Landscaping Centre:

Shall mean land, buildings or structuresstructures usedused for the purpose of growing and selling vegetables, plants and flowers and may include the selling of materials associated with landscaping.

11.855 Lane:

Shall mean a travelled private road or travelled private right-of-way, which affords access to abutting lots.


of 379

11.0 DEFINITIONS


147

11.866 Light Industry:

Shall mean the manufacturing, assembling or processing of component parts or finished products for retail trade but does not include any operation involving stamping presses, furnaces, machinery or the emission of any air, water or noise pollution that creates a nuisance outside of the building. Such use shall not generate any outside activity other than one loading area and parking for employees and visitors cars.

11.877 Long Term Care Facility:

Shall mean a Senior Citizen Home which includes the administration or supervision of medication, or personal care services provided by a trained staff personperson.

11.888 Lot: a. a parcel of land:

i) the whole of which can be transferred without approval for consent or approval of a plan of subdivision pursuant to the Planning Act; and

ii) no part of which can be transferred without such an approval; and iii) which is not described in a registered condominium description; and iv) which is not the subject of an agreement or By-law referred to in clause (c)

below. OR b. a parcel of land described as a whole registered description by the

Condominium Act. OR c. two or more parcels of land: i) deemed to be one LOT by this By-law; or, ii) required to be transferred together by an agreement made pursuant to the Planning Act. Shall mean a single parcel of land that may be legally conveyed in accordance with the requirements of the Planning ActPlanning Act. R.S.O. 1990, c.P. 13, as amended. OR Two or more parcels of land deemed to be one lot by this by-law or required to be transferred together by an Agreement made pursuant to the Planning ActPlanning Act.


of 379

11.0 DEFINITIONS


148

11.898

9 Lot Area: Shall means the total horizontal area within the lot lines of a lot but does not include lands under water. In the case of a corner lot having street lines rounding at the corner with a radius of 6.0 metresm (20 ft.) or less, the lot area of such lots shall be calculated as if the lot lines were produced to their point of intersection.

11.900 Lot, Corner:

Shall mean a lot situated at the intersection of and abutting upon two or more streets provided that the angle of intersection within the lot formed by such streets is not more than 135 degrees.

11.911 Lot Coverage:

Shall mean that percentage of area covered by buildings and structuresstructures including accessory buildings and structuresstructures on the lot inclusive of any such area covered on lands adjacent to the lot in a WOS Zone and excluding non-roofed structuresstructures and docks. Lot coverage shall be calculated using the exterior faces of the exterior walls. If there are no walls, lot coverage shall be calculated using the exterior faces of the supporting posts. Where roof overhangs exceed 1.2 metresm (4 ft.) the portions exceeding 1.2 metresm (4 ft.) will be included in lot coverage.

11.922 Lot Depth:

Shall mean the horizontal distance between the front and rear lot lines. Where these lines are not parallel, it is the length of a line joining the midpoints of the front and rear lot lines.

11.933 Lot Frontage: Shall mean the horizontal straight-line distance determined as follows:

a. where the front lot line is a high water mark or abuts an original shore road

allowance, the distance between the points where the lot lines or their straight line projections intersect the high water mark.

b. where the front lot line is in whole or in part within a navigable waterway, the

distance between the points where each side lot line intersects. i) the high water mark, if it so intersects, or ii) the front lot line, otherwise. c. where there are no side lot lines, the greatest distance between any point on

the front lot line and any point on the rear lot line. d. where there are no side lot lines and no rear lot line, such as on an island,

the greatest distance between any two points. i) on the front lot line, if those points are not within a navigable waterway; or


of 379

11.0 DEFINITIONS


149

ii) on the high water mark and those parts of the front lot line not within a

navigable waterway. e. where there are two (2) front lot lines abutting the same street, the longer of

the two lot lines shall be the front lot line. f. f. in all cases other than those above, the distance between the points where

the side lot lines intersect the front lot line. For the purposes of this definition, only those side lot lines, which intersect the front

lot line, are to be considered in determining lot frontage. 11.944 Lot, Interior:

Shall mean a lot that is not a corner lot and not a through lot.

11.959

5 Lot Line: Shall mean any boundary of the lot or the vertical projection thereof.

11.966 Lot Line, Front:

Shall mean in the case of:

i. an interior lot, the lot line abutting; a) a street; or, b) a navigable waterway; or, c) an original shore road allowance; d) a right-of-way, where the lot does not abut a street, navigable waterway

or an original shore road allowance. ii. a corner lot, the longest of the lot lines, which abut the streets. If one of the

streets contains a 0.3 metre (1 ft.) reserve that abuts the lot the lot line adjacent to that reserve is not to be considered in determining the front lot line.

iii. a through lot; a) if it abuts two streets, the lot line abutting the street from which

access is primarily gained to the lot; b) if it abuts a street and a navigable waterway, the lot line along the high

water mark or within the navigable waterway; c) if it abuts a street and an original shore road allowance, the lot line

abutting the original shore road allowance; d) if it abuts two (2) original shore road allowances, the longer of the two (2)

lot lines abutting the original shore road allowances; e) if it abuts a navigable waterway and an original shore road allowance, the


of 379

11.0 DEFINITIONS


150

longer of the two (2) lot lines; f) if it abuts two (2) navigable waterways, the longer of the two (2) lot lines

abutting the navigable waterways. 11.977 Lot Line, Rear:

Shall mean the longest lot line opposite the front lot line.

11.988 Lot Line, Side:

Shall mean any lot lines other than the front lot line and the rear lot line. For the purpose of measuring the side yard setbacksetback of buildings and structuresstructures over water, the side lot line includes the straight line projection of each side lot line into the water.

11.9999

Lot, Small Shall mean any lot in a Waterfront ResidentialResidential zone which does not exceed 61 metresm (200 ft.) of lot frontage and 0.4 hectares (1 acre) of lot area.

11.10099

Lot, Through: Shall mean a lot bounded on both the front lot line and the rear lot line by streets, or in the case of a lot on a navigable waterway, by an original shore road allowance or high water mark on the front lot line and by a street, or original shore road allowance or high water mark on the rear lot line.

11.101

0 Manufacturing: Shall mean the use of land, building or structure designed for the purpose of manufacturing, assembly, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing or storing or adapting for sale of any goods, substance, article, thing or service, but shall not include an obnoxious use, mine, pit or quarry.

11.1021

Marina: Shall mean a building, structure or place, and may contain docking, boat storage facilities and automobile parking areas, and may be located on a navigable waterway, where boats and boat accessories are stored, serviced, repaired or kept for sale or hire and where facilities for the sale of marine fuels and lubricants may be provided but shall not include the rental of commercial houseboats.

11.103 Medical Marihuana Facility:

Shall mean a building or structure or place, specifically licensed by the Federal Government for the production of marihuana for medical purposes for use by those persons identified as having category 1 or 2 symptoms identified in an ‘application to possess’ under the Marihuana for Medical Purposes Regulation (MMAR) or subsequent regulation thereafter.

11.104

2 Medical Marijuana:


of 379

11.0 DEFINITIONS


151

{Insert Definition} Mobile Home: Shall mean a single wide factory built single detached dwelling unit that is designed to be transported and capable of being connected to service utilities so as to be suitable for a long term occupation, but does not include a double wide mobile home, travel trailer, tenttent trailer, or trailer otherwise designed.


of 379

11.0 DEFINITIONS


152

11.105

3 Mobile Unit: Shall mean a singlewide factory built unit that is designed to be transported and is capable of being connected to service utilities so as to be suitable for long-term occupation. Mobile Units include Park Model Trailers and do not include portable classrooms or an enclosed truck trailertrailer.

11.106

4 Motel: Shall mean a type of tourist resort which caters primarily to the traveling public by supplying overnight sleeping accommodation with or without meals, and contains not less than five (5) accommodation units.

11.105 11.107

5 Navigable Waterway: Shall mean any body of water that is capable of affording reasonable passage of floating vessels of any description for the purpose of transportation, recreation or commerce.

11.108

6 Non-Complying: Shall mean a lot, building or structure that does not fulfill the zone requirements for the zone in which the lot, building, or structure is located.

11.109

7 Non-Conforming: Shall mean a use, which does not conform to the provisions of this By-law for the zones in which such a use is located on the date the By-law was passed.

11.110

08 Nursery School: Shall mean a day nursery within the meaning of The Day Nurseries Act for Ontario.

11.11109

Nursing Home: Shall mean a building in which the proprietor supplies for hire or gain, lodging with or without meals and, in addition, provides nursing, medical or similar care and treatment, if required, and includes a rest home or convalescent home.

11.112

0 Obnoxious Use: Shall mean an offensive trade within the meaning of The Public Health Act of Ontario.

11.113

1 Occasional or Special Event: Shall mean a use which occurs occasionally and for a short period of time and includes a fair, midway, sale or auction, craftft. sale, plant and produce sale, wedding, festival and social, cultural, or sporting event.

11.114

2 Office:


of 379

11.0 DEFINITIONS


153

Shall mean a building or structure or part thereof usedused for the purpose of providing accommodation for an Office in which business is carried on or a profession is practiced.

11.115

3 Open Space Recreation: Shall mean the use of land, structuresstructures or equipment for outdoor sports and games not conducted for profit and does not include a range for firearms, a racetrack or private park, or Golf Course.

11.116

4 Original Shore Road Allowance: Shall mean a 20.1 metresm (66 ft.) wide allowance for a road reserved along the shore of a navigable waterway by the Crown but not an allowance that has become a street.

11.117

5 Open Storage: Shall mean the storage of equipment, goods, chattels, raw materials or processed materials outside of any building or structure for a period of more than 24 hours. For the purpose of this by-law the overnight parking of licensed vehicles shall not be open storage.

11.118

6 Parking Area: Shall mean an area provided for the parking of motor vehicles and includes aisles, parking spaces and related ingress and egress lands or a private garage, but does not include any part of a public street.

11.119

7 Parking Space: Shall mean an area of not less than 18.6 square metresm

2 (200 sq. ft.), exclusive of

any aisles or ingress and egress lanes, usable for the temporary parking or storage of motor vehicles, and may include a private garage or carport. Each parking space shall be at least 3.0 metresm (10 ft.) by 6.1 metresm (20 ft.).

11.12018

Pavilion: Shall mean a structure accessory to a Tourist Resort for the purpose of sheltering people with a maximum floor area of 55.7 square metresm

2 (600 sq. ft.) and

containing no walls.

11.119121

Person: Shall mean any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law.

11.122

0 Personal Service Shop: Shall mean barbershop, beauty parlour, shoe repair shop, self-service laundry or depot for the collection of any cleaning and laundry.


of 379

11.0 DEFINITIONS


154

11.123

1 Picnic Shelter: Shall mean a structure with a roof, floor and support posts without walls, screening or any other form of closure (except a railing no higher than 1.2 metresm (4 ft.) from the floor), that is usedused temporarily for the prime purpose of picnicking or lounging, not for overnight accommodation of personpersons or the storage of chattels.

11.124

2 Pit: Shall mean an open excavation or cavity in the natural level of the ground made other than by natural causes by the removal of soil or rock for the purpose of removing sand, gravel or similar material and shall include the processing of excavated material.

11.125

3 Place of Worship: Shall mean lands or buildings usedused for worship by an association of personpersons that is:

i) Charitable under the laws of the Province of Ontario; and, ii) Organized for the advancement of religion and for the conduct of

religious worship, service or rites; and, iii) is intended to be permanently established as to the conduct of its

existence. and may include accessory structuresstructures such as a dwelling for a caretaker or

head of the congregation and an assembly hall. 11.126

4 Place of Amusement: Shall mean a bowling alley, athletic club, billiard or pool hall, amusement arcade, theatre, arena or other similar use.

11.127

5 Planning Act: Shall mean a Registered Statue of Ontario, 1990, as amended, and any successor legislation relating to the same subject matter.

11.1286 Porch: Shall mean a roofed structure projecting from the exterior wall of a building for the purpose of providing a covered shelter for an entrance to a building and does not have an exterior wall.

11.129

7 Private Camp: Shall mean an establishment operated by a religious or private organization that provides reserved accommodation in the form of cabins, rooms or campsites, which is not open to the travelling public, and has centralized facilities for dining and recreation, and provides recreational, religious or educational programs.


of 379

11.0 DEFINITIONS


155

11.130

28 Private Club: Shall mean golf, tennis, sailing or other athletic, social or recreational club located on private lands.

11.131

29 Private Park: Shall mean a park operated for commercial gain on land permanently devoted to recreational usesuses and may be generally characterized by its natural, historic landscape or recreational features or activities and is usedused for both passive and active forms of recreation.

11.132

0 Professional or Personal Services: Shall mean accounting, legal, medical or other such services provided by a formally certified member of a Professional body or by an artist.

11.133

2 Public Authority: shall mean

a. the Corporation, the District, the Government of Ontario, the Government of

Canada, or any board, authority, or commission of any of them; or, b. any utility company providing telephone, telegraph, electrical or natural gas

services; or, c. any railway company authorized under the Railway Act of Canada; or, d. any corporation providing services to the public, that has an operating budget

entirely funded by one or more entities described in clause (a). 11.134

3 Public Use: Shall mean the use of a lot, building or structure by a Public Authority or authorized by a Public Authority, for the purpose of providing its services to the public, or carrying out its public mandate, but does not include an officeoffice building.

11.135

4 Quarry: Shall mean an excavation in the natural level of the ground made other than by natural causes for the purpose of removing stone or similar material which is to be usedused for construction, further processing or as a raw material in a manufacturingmanufacturing process and shall include the processing of excavated material.

11.136

5 Ramp: Shall mean an inclined plane installed in addition to, or instead of, stairs, to provide access to a building or structure.

11.137

6 Reconstruction:

Formatted: Font: Verdana, 7.5 pt,Font color: Black


of 379

11.0 DEFINITIONS


156

Shall mean the replacement of an existing building or structure where the amount of the building or structure being replaced exceeds the requirements of a restoration.

11.138

7 Recreational Establishment: Shall mean a drive-in theatre, miniature golf coursegolf course, tennis courts or similar use.

11.139

8 Recreational Vehicle: Shall mean any vehicle that is mobile either by itself or when attached to a motor vehicle and that is capable of being usedused for the living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked-up or that its running gear is removed, for seasonal or temporary occupancy only.

11.140

39 Recreational Vehicle and Equipment Centre: Shall mean a building or structure or part thereof usedused for the storage, service, sale and hire of recreation vehicles including snowmobiles, boats and all terrainall-terrain vehicles.

11.141

0 Renovation: Shall mean the repair and restoration of a building to a good condition but shall not include its replacement.

11.142

1 Residential: Shall mean the use of land, buildings, or structuresstructures for human habitationhuman habitation.

11.143

2 Restaurant: Shall mean a building or part thereof where food is prepared and offered for sale or sold to the public for immediate consumption on or about the premises which may include an eat in or take-out restaurant, bake shop and small food service industries.

11.144

3 Restoration: Shall mean the repair of a building or structure to a safe condition where over 20% of the floor area and walls remains in its present state. It does not include the reconstructionreconstruction or replacement of an entire building or structure. In the case of a dock, it applies to over 20% of the top decking and does not include the foundation cribbing, piling, or poles.

11.145

3 Restricted Waterbody: Shall mean a portion of a navigable lake or river with a minimum distance from shoreline to shoreline of less than 75 metresm (250 ft.) or where the bay is more than 100 metresm (330 ft.) deep (horizontally) as measured along the axis of the bay and where denoted by a –R suffix on zoning schedules.

11.146

4 Retail Store: Shall mean a building or part of a building where goods, wares, merchandise,


of 379

11.0 DEFINITIONS


157

substances or articles are offered for retail sale. 11.147

5 Retirement Home: Shall mean a residentialresidential facility, which may be a rest home, but does not include a hospital, nursing homenursing home, home for the aged or group homegroup home in which lodging is provided and where, in addition to sleeping accommodations, meals are supplied by a common kitchenkitchen, and other communal facilities may be provided. Nursing, medical or similar care and treatment may also be provided.

11.148

6 Riding Stable: Shall mean land and buildings usedused to house horses and for their exercise and training and may include a school, boarding stables, tack shop or other related usesuses.

11.149

7 Right-of-Way: Shall mean an area of land that is legally described in a registered deed for the provision of private access on which there is usually a lane.

11.150

48 Roofed Recreation Facility: Shall mean a covered building or structure usedused for sport or recreation usesuses only, such as an indoor swimming pool, racquet courts or gymnasium.

11.151

49 Rooming House: Shall mean a building in which lodging is provided in no more than five (5) bedrooms in return for remuneration or the provision of services or both, per each bedroom where sanitary facilities and one kitchenkitchen are provided for the inclusive use of the Roomers. A Rooming House shall not include a Group Home, Hotel, Motel, Retirement Home, Senior Citizen Home, Bed and Breakfast, or other similar establishment.

11.152

0 Salvage Yard: Shall mean land or buildings usedused for an automobile wrecking yardyard or premises, the keeping and/or storing of usedused building products, waste paper, rags, bottles, bicycles, automobile tires, old metal, other scrap material or salvage and where such materials are bought, sold, exchanged, baled, packed, disassembled or handled for further use.

11.153

1 Saw Mill: Shall mean a building or structure usedused to process wood from saw logs to another use and may include land usedused for open storageopen storage of raw or finished lumber or products.

11.154

2 Secondary Uses: Shall mean uses related to but are secondary or subordinate to the principle usesuses permitted on the lotlot.

11.155 Senior Citizen Home:


of 379

11.0 DEFINITIONS


158

3 Shall mean an assisted living residence or assisted living facility with housing facilities for people with disabilities, which provide supervision or assistance with activities of daily living, coordination of services by outside health care providers, and monitoring of resident activities to help to ensure their health, safety, and well-being. Assistance may include the administration or supervision of medication, or personal care services provided by a trained staff personperson.

11.156

4 Service Club: Shall mean an association of personpersons united by a common community service interest. This includes the premises owned and occupied by the members of such an association within which the activities of the club are conducted.


of 379

11.0 DEFINITIONS


159

11.157

5 Service Shop: Shall mean a building or part of a building devoted primarily to the repair or servicing of goods, commodities, articles or materials, but not the manufacturingmanufacturing of same. A service shop does not include the repair or service of motor vehicles.

11.158

6 Setback: Shall mean the least horizontal distance between any lot line or high water mark, and the nearest part of any building or structure on the lot. Where the lot line is within a navigable waterway the distance shall be measured from the high water mark.

11.1597

Sewer Service: Shall mean a system of underground piping for the collection of and treatment of sewage, owned and operated by a Public Authority.

11.160

58 Shoreline Buffer: Shall mean a natural area maintained in its natural predevelopment state for the purpose of buffering buildings or structuresstructures on a lot. Where the natural state does not include significant vegetative cover the area shallmay be planted with indigenous trees and shrubs. Such a buffer shall consist of trees or shrubs a minimum of 1.8 metresm (6 ft.) in heightheight and a density of one (1) tree per 9.3 square metresm

2 (100 sq. ft.) of the required buffer.

11.161

59 Sight Triangle: Shall mean the triangular space formed by two intersecting street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 12.2 metresm (40 ft.) measured along the street line from the point of intersection of the street lines.

11.162

0 Sleeping Cabin: Shall mean a building not attached to the main residentialresidential building for the accommodation of persons, but not containing a kitchen. A recreational vehicle is deemed not to be a sleeping cabin for the purposes of this By-law.

11.1631

Slip, Boat Shall be defined as one (1) docking place for a boat.

11.164

2 Staff Quarters: Shall mean an accessory building for accommodating only the employees of a tourist resort or private camp and which may contain a kitchenkitchen.

11.165

3 Storage Facility: Shall mean a covered building or structure usedused for the storage of chattels, but not for the accommodation of personpersons.


of 379

11.0 DEFINITIONS


160


of 379

11.0 DEFINITIONS


161

11.166

4 Storey: Shall mean the portion of a building, other than the basement which lies between the surface of the floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling or roof next above it. In the case of a boathouse, the docks are considered to be a floor.

11.167

5 Straight Line Projection: Shall mean the straight-line extension or projection of a lot line.

11.168

6 Street: Shall mean a travelled public highway or a travelled public road and does not include a lane or a private right-of-way, or unopened road allowance.

11.169

7 Street Line: Shall mean the dividing line between the lot and a street.

11.170

68 Structure: Shall mean anything that is built, constructed or erected of parts joined together or requiring a foundation to hold erect, the use of which requires location on the ground, but shall not include free standing walls, driveways, fences, hedges, or a septic system. For the purposes of this definition, a structure shall include a tennis court, sport court,, or propane tank or generator intended to be permanent.

11.171

69 Sundeck: Shall mean a non-roofed structure designed for lounging or sunbathing. A sundeck is not part of a dwelling unit.

11.172

0 Sun Shelter: Shall mean a freestanding, roofed accessory structure used for the purpose of relaxation in conjunction with a dock, which shall be open on all sides and not screened, glassed or otherwise enclosed on any side. Tavern: Shall mean a building or structure or part thereof which is primarily used for the sale and serving of alcoholic beverages with or without entertainment and may serve food or meals.

11.173 Tavern: Shall mean a building or structure or part thereof which is primarily used for the sale and serving of alcoholic beverages with or without entertainment and may serve food or meals.


of 379

11.0 DEFINITIONS


162

11.1741

Temporary Building: Shall mean a building or structure intended for removal or demolition within a prescribed time as set out in the building permit application.

11.175

2 Temporary Use: Shall mean the use of land, buildings, or structuresstructures for a construction officeoffice, tool shedtool shed, or for the storage of scaffolds, equipment and materials which is incidental to and necessary for construction work in progress for so long as the same are necessary for the construction work which has neither been finished nor abandoned on the same lot.


of 379

11.0 DEFINITIONS


163

11.176

3 Tent: Shall mean a temporary structure covered with a canvas or similar lightweight material and supported by poles, stakes, beams, ropes, etc.

11.177

4 Tent and Trailer Park: Shall mean a parcel of land usedused and maintained as an overnight tenting or camping ground where people are temporarily accommodated in tenttents, travel trailers, cabins, recreational vehicles or other similar facilities, whether or not a fee or charge is paid for the rental thereof, but does not accommodate mobile homes.

11.178

5 Tool Shed: Shall mean a building or structure less than 10 square metresm

2 (108 sq. ft.) in floor

areafloor area for the purposes of temporarily storing tools and construction materials on an active construction site, or for the permanent storage of garden tools. A tool shedtool shed must maintain the setback provisions of the zone in which it is located.

11.1796

Tourist Resort: Shall mean a commercial establishment under one management, which is located on-site, designed and usedused for the travelling or vacationing public and that has facilities for accommodation and serving meals and drinks and furnishes equipment, supplies or services to personpersons for recreational purposes. No dwelling unit is permitted within a tourist resorttourist resort except as accessory to the principal permitted use, by way of living accommodation for the manager or owner of the resort and familyfamily, and staff quartersstaff quarters for the staff of the resort, or as specifically permitted by this by-law.

11.177 Tourist Resort Unit:

Shall mean a building or buildings which contain multiple units on the same lot, designed and used for the short-term rental accommodation of the travelling or vacationing public, which may also contain a kitchen. A tourist resort unit shall form a main component to a tourist resort.

11.180

78 Township: Shall mean the Corporation of the Township of Muskoka Lakes.

11.18179

Trailer: Shall mean any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle and capable of being usedused for the living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked-up or that its running gear is removed.

11.182

0 Travel Trailer: Shall mean a trailer designed and equipped for travel, recreation and vacation


of 379

11.0 DEFINITIONS


164

usesuses and for seasonal or temporary occupancy only.

11.183

1 Tuck Shop: Shall mean a retail store selling personal supplies, sundries, sports equipment and clothing to visitors to, and employees of, a private camp.

11.184

2 Veranda: Shall mean a roofed open structure along one or more sides of a building having the purpose of, or capability of providing for lounging and relaxation.

11.185

3 Use: Shall mean when usedused as a noun, the purpose for which the land or a building or structure or any combination thereof, is designed, arranged, intended, occupied or maintained and “usesuses” has a corresponding meaning. “Use” when usedused as a verb, or “to use” has a corresponding meaning.

11.186

4 Warehouse: Shall mean any building or structure involved primarily in transportation, storage and shipment of goods.

11.187

5 Waste Disposal: Shall mean a facility for the transfer and treatment and disposal of sanitary wastes or other wastes.

11.1886

Waste Treatment Facility: Shall mean an area on the same site as the principle permitted use which is usedused for the purpose of storing, treating and spraying effluent generated on site in compliance with the relevant regulations of the Ministry of Environment.

11.189

7 Watercourse: Shall mean a creek, river and/or drainage ditch.

11.190

88 Waterfront Landing: Shall mean the use of land, parking vehicles, and storing boats, which facilitate access by personpersons to one or more residentialresidential properties, to which access is gained by water.

11.191

89 Water Service: Shall mean a distribution system of underground piping and related storage, including pumping and purification appurtenances owned and operated by a Public Authority.

11.192

0 Wayside Pit or Wayside Quarry: Shall mean a temporary pit or quarry open and usedused by a Public Authority solely for the purpose of a particular project or contract and road construction and not


of 379

11.0 DEFINITIONS


165

located on the street. 11.193

1 Yard: Shall mean an open, uncovered and unoccupied space between a building or structure and a lot line.

11.194

2 Yard, Front: Shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest part of any building or structure on the lot.

11.195

3 Yard Depth, Front: Shall mean the least horizontal dimensions between the front lot line of the lot, or the nearest open storageopen storage use on the lot.

11.196

4 Yard, Rear: Shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storageopen storage use on the lot.

11.197

5 Yard Depth, Rear Shall mean the least horizontal dimensions between the rear lot line and the nearest part of any building or structure on the lot, or the nearest open storageopen storage use on the lot.

11.198

6 Yard, Required: Shall mean the minimum yard required by the provisions of this By-law.

11.199

7 Yard, Side: Shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest part of any building or structure on the lot, or the nearest open storageopen storage use on the lot.

11.200

198 Yard Width, Side: Shall mean the least horizontal dimension between the side lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storageopen storage use on the lot.

11.201199

Yard, Exterior Side: Shall mean a side yard immediately adjoining a public street or an unopened road allowance.

11.202 Yard, Interior Side:


of 379

11.0 DEFINITIONS


166

0 Shall mean a side yard other than an exterior side yard.


of 379

12.0 EXCEPTIONSEXEMPTIONS


167

12.0 EXEMPTIONS TO THE BY-LAW This Section outlines exceptions to the permitted usesuses and provisions of this By-law as it relates to individual properties located throughout the Township. A complete listing of exceptions can be obtained from the Township OfficeOffice. This section should not be interpreted or construed as granting any other rights than those specifically applying to the individually identified properties. This section is also intended to act as a log of Zoning By-law Amendments, which may be granted by the Township in the future. 12.1564: For those lands described as Part of Lots 32 and 33, Concession 3 (Medora),

Part Lot 88, Plan 1, Parts 1 & 2, Plan 35R-13029, Roll # 5-9-065-01, Council shall only consider a By-law to remove the “Holding – H” provision when:

i) A satisfactory Environmental Impact Study has demonstrated that the proposed development will not negatively impact the features and functions of a wetland located on the subject lands.

12.1565: For those lands described as Part of Lot 30, Concession 5 (Medora), Part 7 and

Part of Part 11, Plan 35R-13687, Council shall only consider a By-law to remove the “Holding-H” provision when:

i) Municipal water and sanitary sewer servicesewer services are available

to service the properties; A Development Agreement is entered into with the municipality; and,

i) A Development Agreement is entered into with the municipality; and, i)ii) To encourage high quality urban design for commercial and

residentialresidential development such as improved streetscape, massing of buildings, internal traffic patterns, integration with surrounding, existing, and proposed commercial and residentialresidential development, satisfactory urban design guidelines will be required for development on these properties.

ii)iii) Notwithstanding the above, minor additions to existing dwelling units and accessory structuresstructures not exceeding 25% of the floor area of the buildings and structuresstructures shall be permitted, in accordance with Community ResidentialResidential (R2) zone provisions.

12.1566: –For those lands located within the Resort Village designation of the Official Plan

and subject to a Holding (–H) zone on Schedule 60, Council shall only consider a By-law to remove the “Holding-H” provision when:

i) To ensure the orderly development of lands, development shall not be

permitted until municipal water and sanitary sewer services are available to service the Resort Village;

ii) That a Development Agreement be entered into with the municipality; and,

iii) A successful Zoning By-law Amendment Application rezoning the subject property in conformity with Official Plan policies.

12.1567: For those lands described as Part Lot 23, Concession 8, former Township of Wood

(Clear Lake Village Resort), more particularly described as Parts 1 and 4, Plan 35R-5955 and Lot 18, Plan 7, the maximum permitted number of accommodation units, housekeeping units, and tourist resort units shall be limited to 20. No additional docks or boathouses are permitted. No additional units shall be constructed prior to the provision of a pool to serve as an amenity on the subject lands.


of 379

12.0 EXCEPTIONSEXEMPTIONS


168

12.1585: Despite the provisions of Section 4.2.3 of By-law 2014-14, as amended, for those lands

described as Part of Lots 11 and 12, Concession G, in the former Township of Medora, now in the Township of Muskoka Lakes, (Bala Woodlands), Roll No. 6-12-036, boardwalks and sundecks shall be permitted to be located within the front yard, as shown in the location and extent of Exhibit 19 to OMB Order/Decision No. 0352.

12.1600 All lands located within 120 metres (394 feet) of a Provincially Significant Wetland, as

defined by the EP1-PSW zone on the Schedules to this By-law, are subject to a holding provision in accordance with Section 36(1) of the Planning Act, RSO, 1990, as amended. No building or structure shall be erected and no site alteration shall occur within 120 metres (394 feet) of a Provincially Significant Wetland unless the holding provision is removed. Removal of the holding provision will require the preparation of an Environmental Impact Study to the satisfaction of the appropriate approval authority, which demonstrates that there will be no negative impacts on the natural features or ecological functions for which the area is defined.

Notwithstanding the provisions of this By-law to the contrary, on lands identified with a

(-1600) exception number, the following provisions shall apply:

i) The replacement, alteration and reconstruction of legal non-conforming buildings and structures in accordance with Section 3.3;

ii) The replacement, alteration, reconstruction and expansion of legal existing buildings or structures permitted in that zone, provided that any addition does not comprise more than 50% of the gross floor area of the building or structure that existed on the date of the passage of this Zoning By-law; or

iii) The construction of new structures up to 50m² (538 ft.²) gross floor area which are accessory to a legally permitted use.

12.1604 Despite the provisions of Sections 3.4.1.e and 3.42 of By-law 2014-14, as amended, for

those lands described as Part of Lot 13, Concession B, in the former Town of Bala, now in the Township of Muskoka Lakes, (Gaines), more particularly described as Lot 264, Plan 1, Lot 264A, Plan 4, Roll No. 7-9-021, development as a singular lot only, is permitted to be serviced solely by a municipal water system and the minimum lot frontage requirement shall be the lot frontage that exists on the date of passing of this by-law.


of 379

132.0 EXCEPTIONSENACTMENT


169


of 379

132.0 EXCEPTIONSENACTMENT


170

13.0

ENACTMENT

Schedules “1” to “62” and all other notations thereon are hereby declared to form part of this By-law. This By-law shall come into force and take effect upon being passed by Council subject to any approval necessary pursuant to the Planning ActPlanning Act R.S.O. 1990, as amended.

This By-law read a first time this ______ day of ________________, 2014. This By-law read a second time this ______ day of ________________, 2014. This By-law read a third time and finally passed this ______ day of ___________, 2014.

Mayor, Alice Murphy

Clerk, Cheryl Mortimer


of 379

APPENDIX 1


171

APPENDIX 1 – METRIC CONVERSIONS

DISTANCE

Metric (metresm) Imperial (feetft.) 0.9 m 3 ftft. 2.7 m 9 ftft. 4.6 m 15 ftft. 4.9 m 16 ftft. 6.1 m 20 ftft. 7.6 m 25 ftft. 9.1 m 30 ftft. 10.7 m 35 ftft. 12.2 m 40 ftft. 13.7 m 45 ftft. 15.2 m 50 ftft. 20.1 m 66 ftft.

22.9 m 75 ftft.

30.5 m 100 ftft. 61 m 200 ftft. 91.4 m 300 ftft. 121.9 m 400 ftft. 152.4 m 500 ftft. 201.2 m 660 ftft.

AREA Metric Imperial 9.3 m2 100 ftft.2 13.9 m2 150 ftft.2 18.6 m2 200 ftft.2 23.2 250 ftft.2 27.9 m2 300 ftft.2 37.2 m2 400 ftft.2 46.5 m2 500 ftft.2 60.4 m2 650 ftft.2 69.7 m2 750 ftft.2 74.3 m2 800 ftft.2 100 m2 1076 ftft.2 0.4 hectares 1.0 acres 0.6 hectares 1.5 acres 0.8 hectares 2 acres 1.0 hectares 2.5 acres 1.2 hectares 3.0 acres 1.6 hectares 4.0 acres 2.0 hectares 5.0 acres 4.0 hectares 10.0 acres 8.1 hectares 20 acres 40.5 hectares 100 acres


of 379



172


of 379



172

Formatted: Font: Arial, 10 pt,Underline


of 379



172

Municipal Address Legal Description

169 Medora Ward Lot 16 Conc. 1

1391 Highway 118 Watt Ward Lot 31 Conc. 4

Muskoka Road 25 West Watt Ward Lot 22 Conc. 7

Highway 4 Watt Ward Lot 25 Conc. 8

Buck Eye Road Medora Ward Lot 3 Conc. 10

Small road off Highway 7 Medora Ward Lot 16 Conc. 12

Rosseau Lake Road 3 Watt Ward Lot 32 Conc. 14

N/A Watt Ward Lot 28 Conc. 8


of 379



172


of 379


of 379

of 3

PLANNING COMMITTEE OF THE WHOLE

AGENDA REPORT TO: Mayor Furniss and Members of Planning Committee of the Whole MEETING DATE: December 15, 2014 SUBJECT: Zoning By-law Amendment Administration RECOMMENDATION: That deemed complete Zoning By-law Amendment Applications be

circulated for a Public Meeting and not be placed on a Planning Committee of the Whole agenda for consideration of approval of circulation.

APPROVALS: Date Signature

Submitted By: D. Pink, Director of Planning 09/12/14 Original signed by D. Pink

Acknowledged: C. Harris, Interim CAO 09/12/14 Original signed by C. Harris

BACKGROUND Zoning By-law Amendment applications (ZBA’s) are similar to that of Minor Variance Applications, in that, if approved, they provide relief or exemptions from the requirements of the Zoning By-law. Unlike Minor Variances, development proposed and/or the extent of relief required through ZBA’s is not minor and Council is the approval authority, not the Committee of Adjustment. For many years, the municipality has processed ZBA’s by initially placing them on a Planning Committee of the Whole agenda for review and direction, prior to a Public Meeting and final decision. Although each municipality may approach planning applications differently, it appears that the Township of Muskoka Lakes approach for processing Zoning By-law Amendment applications is uncommon. This report provides a review of the existing approach including advantages and disadvantages. Committee may wish to consider alterations to the current approach for potential improvements in efficiency and effectiveness. ANALYSIS Planning Act Zoning By-laws and amendments thereto are governed by Section 34 of the Planning Act. This section states that within 30 days of receipt of a Zoning By-law Amendment application, the municipality shall


of 379

of 3

notify the applicant if all information and material required to process the application has been received, or has not been, whichever the case may be. Within 15 days of the above notification, Notice of a Public Meeting must be circulated and material within the file becomes available to the public. If within 120 days of receipt of an application Council has not made a decision, the applicant has the ability to appeal the lack of decision to the Ontario Municipal Board (OMB). Delegation Authority At which time the complete application requirements were added to the Planning Act, Council passed By-law 2008-42 which delegates their authority to the Director of Planning or Senior Planner to determine whether or not an application is complete, and to forward notices accordingly. Advantages of Current Approach In an ideal world, conducting a less formal review of an application before a Committee, prior to public involvement, together with potential revisions or modifications to bring the application closer to conformity with the Official Plan if necessary, should result in less contentious and more efficient Council meetings. It can be likened to essentially pre-consultation with the applicant, with all of Committee as opposed to solely staff. Major issues or concerns can be addressed immediately, without causing concern amongst the public. Along the same vein, it also acts in certain instances to expedite the process for applications that get refused at the Committee level. This approach also allows Committee members to be more involved in deeming applications complete, or requesting further studies or reports it deems necessary to make a decision. By reviewing an application prior to public circulation, it also provides Council members some familiarity when approached by neighbours or the applicant prior to the Public Meeting. Lastly, and perhaps most importantly, it can be seen as a prudent, cautious and thoughtful approach to very large, significant, complex, and/or contentious development proposals. Disadvantages of Current Approach In staff’s opinion the largest disadvantage to the current method of processing ZBA’s is the lack of public involvement during the initial stages of decision making. Public involvement is one of the cornerstones of the planning process and currently, certain applications may be defeated without any public involvement, and in others decisions are made and directions given, prior to receiving public comments. It can be seen as unfair to the applicant when a generally favourable review is given at the Committee level, without the request for additional information, only to have very different feedback at a later date before Council. In certain cases where applications are appealed to the OMB prior to a Public Meeting (defeat at Planning Committee, lack of decision), the public can be seen as largely removed from the planning process. Timing and duplication are also significant disadvantages of the current approach. For fairly straight-forward or minor applications, members of Council review applications on two occasions (Planning Committee and Council). Concerns have been raised in the past that recollection of certain discussions after 2 months can be difficult. As opposed to a more expedited approach, the current method of an initial Planning Committee review adds approximately 1-2 months to the overall process for the applicant. An expedited approach will save some staff time and reduce the length of Planning Committee meetings.


of 379

of 3

Along the same line, dependant on the date of application receipt and Council meeting schedule, compliance with Planning Act timelines cannot be met. This has been exacerbated by moving to a monthly meeting schedule. If a complete application is submitted around the date of a Planning Committee meeting, the application cannot be heard until the following meeting date, in approximately one month’s time. If approved for circulation, the earliest possible Public Meeting date is two months later, due to circulation requirements. In some instances, Committee input on deeming an application complete cannot occur within 30 days. Similarly, circulation of the application may not occur within 45 days of receipt of a complete application. As stated above, staff is not aware of any other municipality that processes ZBA’s in the same fashion as the Township. As a result, it can lead to some confusion amongst applicants, consultants and/or the public. Options Option 1 may be to leave the process as status quo. As stated above, there are some benefits to the current approach, and of which staff is familiar given the extensive period of time it has been practiced. Option 2 would be to follow a process more closely aligned with the Planning Act. Upon receipt of an application, staff would be responsible for determining if it is complete. Delegation authority for such has already been granted by Council and no further action is necessary in this regard. This task would have to be completed within 30 days of receipt. If deemed complete, staff would prepare notification for a Public Meeting (within 15 days of deeming complete) and place the application on the next available Council meeting agenda for consideration. Council would hear comments from the public and staff for the first time at this meeting. So that Council members are aware of the general contents of an application, staff can email the public notification to Council at the same time as it is mailed to the public. At the Public Meeting, Council may wish to approve, defeat or defer the application to a future meeting for further discussion. For more significant, complex, and/or contentious applications, further discussion could occur at a later date before Planning Committee, if deemed more appropriate than Council.


of 379

ZBA-01/14

KOFF

ZBA-01/14, Koff, Part of Lot 28, Concession 10, Part 1

of 379


of 379

of 9

PLANNING

COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Furniss and Members of the Planning Committee of the Whole MEETING DATE: 15 December, 2014 SUBJECT: ZBA-01/14, Koff, Part of Lot 28, Concession 10, (Medora), Part 1, Plan 35R-

17854, Roll # 4-15-15 RECOMMENDATION: That ZBA-01/14 (Koff) be approved for circulation APPROVALS: Date Signature

Submitted By: R. Allen, Senior Planner 10/12/14 Original signed by R. Allen

Approved By: D. Pink, Director of Planning 10/12/14 Original signed by D. Pink

ORIGIN Particulars of Property: Lot Frontage 170 feet (By-law) 295 feet (combined east & west frontages)

Lot Area 2.12 acres (92,353 square feet)


of 379

of 9

Proposed Exemptions:

Section(s) Description Requirement Proposed Exemption

Proposal

3.1.2.e Maximum dock length

66 feet 29 feet To allow a dock length of 95 feet

3.1.2.e(12) Maximum total dock width

25% or 31’ 3” 21% or 26’ 6” Permit a dock with a total cumulative width of 46% or 57’ 9”

3.1.2.e(12) Maximum total boathouse width (1st storey)

16% or 20’ 24’ Permit a boathouse with a total cumulative width of 35.2% or 44”

3.1.2.e(8) Sideyard setback for of boathouse where roof capable of being used as a sundeck

45 feet 23’ Permit a boathouse with roof capable of being a sundeck with a 22’ side yard

3.1.2.e Maximum boathouse length

50 feet 3’ Permit a boathouse length of 53’

BACKGROUND PLANNING DATA Official Plan Designation: Waterfront By-law 87-87 Zoning: Waterfront Residential (WR5) Schedule No.: 21 Access: Morinus Road Neighbouring Uses: Waterfront Residential Original Shore Road Allowance: Not applicable Fisheries Resource: Type 2 General Fish Habitat Civic Address: 1166 Morinus Road – Unit 3 PLANNING CONSIDERATIONS

1. Background

The purpose of this application is to permit the construction of a dock and one-storey boathouse with a second storey sundeck which exceeds the maximum dock length and width, the maximum first storey boathouse width, boathouse length, and fails to meet the minimum side yard setback for boathouse with a roof capable of being used as a sundeck.


of 379

of 9

The applicants propose to demolish the existing dock and a single-storey boathouse and construct a new larger dock and one-storey boathouse with a rooftop sundeck.

This application was initially presented to the Planning Committee of the Whole on March 18, 2014. The Committee deferred the application in order to address three main issues, which include: 1) providing water depths along the proposed dock extension; 2) bringing the proposed boathouse into closer compliance with the Zoning By-law; 3) potential re-location of the boathouse on the east versus west bay; and, 4) considering a one-storey boathouse design instead of two-storeys.

Based on comments provided by the Committee and staff, the original application for a two-storey boathouse has been revised to a one-storey boathouse with reduced length and width. This change is more in character with other shoreline structures that exist in the vicinity. The setback of the proposed boathouse from the southern side yard lot line has been increased to the distance of the existing boathouse. The location of the proposed boathouse has not been moved from the eastern bay to the western bay which has a longer frontage and is less impactful on the visual appearance and dominance of the shoreline. Due to these changes the number of exemptions required to the Zoning By-law have been greatly reduced compared to the original proposal presented to the Committee.

The original staff report presented to the Committee is attached to the current agenda, and outlines relevant policies, site characteristics, etc., and the original proposal.

2. Zoning By-law

The subject property is zoned Waterfront Residential - Natural Constraints (WR5). The Zoning By-law implements the Official Plan policies by requiring a minimum of 100 feet of straight-line frontage on a Category 1 Lake to permit a one-storey boathouse. The Zoning By-law also includes provisions regarding setbacks, height, lengths and widths for boathouses, sundecks, and docks. The new dock and boathouse are proposed at the same setbacks as the existing dock and boathouse, however, as the existing boathouse does not have a rooftop sundeck, and the proposed does, relief is required as it is within the minimum 45 foot setback from side lot lines.

3. One-Storey Boathouse

The Zoning By-law permits a one-storey boathouse on a lot with less than 200 feet of frontage provided all other provisions of the Zoning By-law are met. As noted above, the applicants have modified their original application from a two-storey boathouse to a one-storey boathouse design. Reducing the height of the boathouse has addressed many of the built form, visual impact, cumulative width and height concerns raised related to the original two-storey boathouse proposal. The subject property has two distinct waterfront frontages that are separated by a narrow strip of land. The straight line frontage of the western frontage is 125 feet whereas the straight line frontage of the eastern frontage is 170 feet. The cumulative frontage is 295 feet. The Zoning By-law requires, in cases where a lot has two frontages, the longer of the two frontages be considered the By-law frontage. Therefore, the eastern frontage with 170 feet represents the By-law frontage. The By-law also requires, where a lot has more than one frontage, the maximum cumulative width of a boathouse or dock may not exceed the maximum width for each separate lot frontage.


of 379

of 9

It should also be noted that the new one-storey boathouse is proposed for the shorter of the two frontages and would occupy 44 feet of the straight line frontage of 125 feet. Although the eastern shoreline contains more frontage and may result in reduced visual impacts on neighbours, the revised design is a large improvement compared to the original.

Staff is supportive of the reduction of height to a single storey boathouse with reduced width but prefer the eastern bay location versus the western bay to reduce impacts on neighbouring properties.

4. Boathouse Roof Top Sundeck

The Zoning By-law requires a minimum 45 foot setback from lot lines for a boathouse roof capable of being used as a sundeck. Since the last time this application was before the Committee it has been modified considerably to remove the second storey boathouse. A sundeck is proposed to cover the entire roof of the boathouse and includes a wind screen/privacy wall on the northwest corner that extends above the height of the boathouse roof and is open on three sides. The combined height of the proposed one-storey boathouse including the wind screen/privacy wall is 15 feet 6 inches which is less than the 16 foot required maximum. The height of the boathouse is 8’ 9” and the height of the wind screen/privacy wall above the roof of the boathouse 6’ 9”. The Zoning By-law requires, where the roof of the boathouse is used as a sundeck, to be setback from side lot lines a minimum of 45 feet. The proposed boathouse and sundeck are to be located at the same setback as the existing boathouse which is deficient by 23 feet.

5. Proposed Dock and Boathouse Length

The Zoning By-law restricts dock length to a maximum of 66 feet measured from the high water mark. The length of the proposed dock is 95 feet. The applicant indicated the reason for the increased dock length was due to shallow water depths in the vicinity. To address questions related to water depth the applicant has provided depth measurements in 5 locations, taken in the Summer/Fall of 2014. In this regard, the depth at the front of the proposed boathouse is 33 inches and the depth at the rear is 22 inches. The water depth at the far west end of the finger dock is 40 inches. Staff have typically accepted a water depth of 30 inches as sufficient for water craft. It is important to note that other docks in the vicinity are longer than 100 feet. In cases where staff and/or Council have approved increased length of shoreline structures, predominantly for water depth reasons, it is preferred to limit built form beyond permitted maximums to a minimum. Typically, finger docks achieve this objective. The applicants have proposed a dock which includes a finger that extends 45 feet past the front of the boathouse. The water depth at the end of the finger dock is 40 inches. No other depth measurements were provided between the end of the dock and front of the boathouse. Without additional available depth measurements between the front of the boathouse and the end of the finger dock it is difficult to determine an appropriate maximum dock length. Staff question the necessity for the length of the proposed finger dock and would suggest that the length of the finger could be reduced to a maximum length that attains suitable water depth, typically 30 inches. The increased boathouse length of 3 feet is largely due to the method of measurement and does not appear to result in any considerable impacts.


of 379

of 9

6. Proposed Dock and Boathouse Widths

The Zoning By-law states that where a lot contains more than one frontage, the maximum width for each separate frontage shall not exceed the maximum permitted for that frontage. In this case, with all proposed development is situated on the western or 125 foot frontage, the total dock and one-storey boathouse width are limited to 31 feet 3 inches (25%), 20 feet (16%) respectively. The proposed widths are 57 feet 9 inches (46%), 44 feet (35%) respectively, well beyond permitted maximums. If the 2 separate east and west frontages are combined to total 295 feet, the dock width would be 20%, the one-storey boathouse width 15%, and both structures would be in compliance with the By-law. The Zoning By-law however, does not permit combining multiple frontages as one measurement. The Official Plan also does not provide direction regarding lots with multiple frontages.

7. Proposed Dock and Boathouse Side Yards

The Zoning By-law requires new docks and one-storey boathouses to be setback 30 feet from the side lot line projection into the water or the setback of existing docks or boathouses, constructed before January 3, 2005, to a minimum of 15 feet whichever is greater. The existing dock is setback 18 feet 4 inches from the southern lot line projection and the existing boathouse is setback 22 feet 3 inches, both are considered to be non-complying structures. The applicants are proposing to construct the new larger dock and boathouse with rooftop sundeck at the same setbacks as the existing dock and boathouse. The Zoning By-law requires side yard setbacks to be measured by extending the side lot lines into the water. In this instance the northern side yard extension of lot lines narrows from the shoreline due to the angle of the side lot line on land. With regard to the southern lot line extension, it is noted that the existing one-storey boathouse has a setback of 18 feet 4 inches which is approximately 12 feet less than the 30 feet setback but greater than the 15 foot setback. The Zoning By-law requires boathouses, where the roof of the boathouse is used as a sundeck, to be setback from side lot lines a minimum of 45 feet. The proposed boathouse is to be located at the same setback as the existing boathouse which is deficient by 23 feet. Staff have minimal concern with the request for reduced south side yard setbacks because the proposed dock and boathouse will utilize the existing setback of the existing non-complying dock and boathouse. In addition, there are no shoreline structures to the south of the property and there is thick vegetation along the shoreline of the abutting property to the south. There is also limited to no possibility of development on land in this location due to the narrowness of the peninsula leading to the point.

8. By-law Administration

This is a proposal that does not satisfy numerous provisions of Zoning By-law 87-87, as amended. Official Plan policies do not state whether frontage requirements are actual or straight-line measurements (it is implemented by the zoning by-law, which uses a straight-line measurement and the longer of the two frontages) nor does it provide guidance where a lot has two frontages. Staff are not opposed to a one-storey boathouse with exemptions to the maximum shoreline structure width, a reduced southern side yard setback and a maximum shoreline structure length to achieve suitable water depth.


of 379

of 9

In addition, staff are of the opinion that a one-storey boathouse with increased width and a dock with increased width and length, would not dominate the natural shoreline and would be in keeping with character of other shoreline structures that exist in the vicinity and would have minimal impact upon abutting neighbours to the north and south of the subject property. The revised proposal is a large improvement from the original design and staff support circulation for public comments.


of 379

of 9

Existing Dwelling

Existing Shed


of 379

of 9

Existing Boathouse

Docks to the northwest


of 379

of 9

Property to the northwest


of 379

REVISED

KOFF BOATHOUSE - LAKE ROSSEAU

SP-1aNOVEMBER 21, 2014

REVISED LENGTH OF NORTH DOCK,PLACEMENT OF BOATHOUSE,

AND WATER DEPTHS

SITE PLAN

N2°43'00"W

125.60'

N39°

41'30

"E17

8.75'

1 STO

REY

LAKEROSSEAU

DWEL

LING

DECK

PRODUCTION OF PROPERTY LIMIT

FLOATPLANEMOORING

WATER DEPTHS - (EARLY SUMMER)WD-A & WD-B - 30"WD-C - 10"

APPROXIMATE POSITION OF ADJACENT DOCK

+WD-A

+WD-B

+WD-C

EX

ISTI

NG

SH

OR

E R

OA

D

PROJECTION OF PROPERTY LINE

UNIT #3, 1166 MORINUS ROADPART OF LOT 28, CONCESSION 10,GEOGRAPHIC TOWNSHIP OF MEDORA,TOWNSHIP OF MUSKOKA LAKES,DISTRICT OF MUSKOKA,ROLL NUMBER 4453.040.015.01500

• ZONING: WR5, WATERFRONT RESIDENTIAL TYPE 5, NATURAL CONSTRAINTS• CATEGORY 1 LAKE (LARGE LAKES - LAKE ROSSEAU• FISH HABITAT - TYPE 2 (EAST AND WEST SHORELINES)• WATERFRONT CONTOUR FRONTAGE: COMBINED +/- 304.4

• WEST +/- 126.8', EAST 177.6'• STRAIGHT LINE FRONTAGE: +/- 295' (FOR PURPOSES OF BY-LAW LOT FRONTAGE DEEMED TO BE THE COMBINED)

• WEST +/- 125', EAST 170'• LOT AREA: +/- 89,200 SQ. FT.• AREA WITHIN 200 FEET OF WATERS EDGE: +/- 36,140 SQ. FT.

0 5 15 25 35 FT

95'-0"

44'-0"

57'-8 7/8"

88'-7"

50'-0"

18'-4"

40'-3"

CONSTRUCTI

ON NORTH

ZB

A-01/14, K

off, Part of Lot

28, Concession 10, P

art 1 P

age 340 of 379

REVISED

27'-4 1/2"

27'-4 1/2"

10'-0

"5'

-2"

10'-0

"2'

-6"

8'-0 1/2"

GROSS COVERED AREA = 116 m2 (1248 sq. ft.)INTERIOR FLOOR AREA = 60 m2 (645 sq. ft.)

GROSS AREA WATER LEVELDECK AND WALKWAY = 150 m2 (1614 sq. ft.)

11'-6

1/2

"5'

-0"

13'-2 1/2"

24'-4

1/2

"

24'-6"

9'-8"

41'-9 1/2"

45'-10"

31'-6

"

13'-2

1/2

"

37'-7

"

31'-5

1/2

"

18'-3

"

14'-0"


A-2REVISED SCHEME November 11th, 2014

WATER LEVEL PLAN

CONSTRUCTION NORTH

ZB

A-01/14, K

off, Part of Lot


art 1 P

age 341 of 379

REVISEDGROSS AREA UPPER DECK = 134m2 (1442 sq. ft.)

9'-0

1/2

"

2'-5"

24'-6"

13'-1

"

24'-2

1/2

"

37'-7

"

45'-11"

21'-5"

9'-0" 36'-11"

4'-0 1/2" 4'-11 1/2"


A-3

UPPER LEVEL PLAN

CONSTRUCTION NORTH

REVISED SCHEME November 11th, 2014

ZB

A-01/14, K

off, Part of Lot


art 1 P

age 342 of 379

REVISED


A-4

SOUTH ELEVATION

SOUTH ELEVATION0 5 15 25 35 FT

TOP OF SCREEN PARAPET

TOP OF ROOF DECK

TOP OF DECK

PAINTED WOOD TRIM PARAPET BOARDS

STAINED WOOD SHINGLES ON REAR OF PRIVACY SCREEN

1X6 SHIPLAP SIDING

PAINTED WOOD GUARDS, RAILING AND PICKETS

15'-6

"

8'-9

"

1" X 6" WOOD TRIM BOARDS TYPICAL

PAINTED WOOD OVERHEAD DOORS WITHTOP GLASS PANELS


ZB

A-01/14, K

off, Part of Lot


art 1 P

age 343 of 379

REVISED


A-5

WEST ELEVATION

WEST ELEVATION0 5 15 25 35 FT

15'-6

"


TOP OF ROOF DECK

8'-9

"

TOP OF DECK


STAINED WOOD SHINGLES ON PRIVACY SCREEN

GLASS PANELED OVERHEAD DOOR



STAINED WOOD SHINGLES

1X6 SHIPLAP SIDING


ZB

A-01/14, K

off, Part of Lot


art 1 P

age 344 of 379

REVISED


A-6

NORTH ELEVATION

NORTH ELEVATION0 5 15 25 35 FT

15'-6

"


TOP OF ROOF DECK

8'-9

"

TOP OF DECK



GLASS PANELED ENTRANCE DOOR




1X6 SHIPLAP SIDING


ZB

A-01/14, K

off, Part of Lot


art 1 P

age 345 of 379

REVISED


A-7

EAST ELEVATION

EAST ELEVATION0 5 15 25 35 FT


TOP OF ROOF DECK

TOP OF DECK



STAINED WOOD SHINGLES ON REAR OF PRIVACY SCREEN

1X6 SHIPLAP SIDING

15'-6

"

8'-9

"


2'-2

1/2

"4'

-7"

3'-2

1/2

"3'

-4"

6'-1

1 1/

2"


ZB

A-01/14, K

off, Part of Lot


art 1 P

age 346 of 379

of 12

PLANNING

COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Chair Burgess and Members of the Planning Committee of the Whole MEETING DATE: 18 March 2014 SUBJECT: ZBA-01/14, Koff, Part of Lot 28, Concession 10, (Watt), Part 1, Plan 35R-

17854, Roll # 4-15-15 RECOMMENDATION: That ZBA-01/14 (Koff) be deferred for a revised proposal more in

conformity with Official Plan policies and Zoning By-law provisions and for additional water depth readings.

APPROVALS: Date Signature

Submitted By: N. Popovich, Senior Planner 12/03/14 Original signed by N. Popovich

Approved By: D. Pink, Director of Planning 12/03/14 Original signed by D. Pink

Acknowledged: C. Wray, CAO 13/03/14 Original signed by C. Wray

ORIGIN BACKGROUND Particulars of Property: Lot Frontage 170 feet (By-law) 295 feet (combined east & west frontages) Lot Area 2.0 acres


of 379

of 12

Proposed Exemptions:

Section Description Requirement Proposed Exemption

Proposal

3.1.2.e Maximum Dock Length

66 feet 25 feet To allow a Dock length of 91 feet

3.1.2.e & 3.1.2.e(1)

Minimum Side Yard – Dock (south)

18 feet 4’ 10” To allow a Dock with a 13’ 2” southern side yard

3.1.2.e Maximum Boathouse Length

50 feet 14’ 11” To allow a Boathouse length of 64’ 11”

3.1.2.e & 3.1.2.e(4)

Minimum Side Yard – Boathouse (north)

45 feet 5’ 5” To allow a Boathouse Side Yard of 39’ 7” (north)

3.1.2.e & 3.1.2.e(4)

Minimum Side Yard – Boathouse (south)

45 feet 28’ 10” To allow a Boathouse Side Yard of 16’ 2” (south)

3.1.2.e Maximum Height of Boathouse

16 feet 9 feet Permit Maximum Boathouse Height of 25 feet

3.1.2.e(10) Minimum Lot Frontage for Two Storey Boathouse

300 feet 295 feet (combined east & west frontages)

Permit a Two Storey Boathouse where less than 300 feet of Frontage Exists

3.1.2.e(12) Maximum Total Width

25 % or 31’ 3” 26’ 6” Permit a Boathouse with a Total Cumulative Width of 57’ 9”

3.1.2.e(12) Maximum Boathouse Width (1st Storey)

16 % or 20 feet 34’ 9” Permit a Boathouse with a First Storey Width of 54’ 9”

3.1.2.e(12) Maximum Boathouse Width (2nd Storey)

13 % or 16’ 3” 21’ 9” Permit a Boathouse with a Second Storey Width of 38’

BACKGROUND PLANNING DATA Official Plan Designation: Waterfront By-law 87-87 Zoning: Waterfront Residential (WR5) Schedule No.: 21


of 379

of 12

Access: Morinus Road Neighbouring Uses: Waterfront Residential Original Shore Road Allowance: Not applicable Fisheries Resource: Type 2 General Fish Habitat Civic Address: 1166 Morinus Road – Unit 3 PLANNING CONSIDERATIONS

1. Background The applicants wish to demolish existing docks and a single-storey boathouse and construct new docks and a two-storey boathouse, and have requested relief from By-law 87-87, as summarized in the introductory information of this report.

2. District of Muskoka Official Plan The subject site is designated Waterfront in the District Official Plan. Generally within the Waterfront Area recreation and the protection and enhancement of the environment are important policy issues. What follows are some policy excerpts from the District Official Plan that relate to the application.

D.18 The Waterfront is a major recreation resource area that should be made accessible to both public and private users. D.20 The maintenance of the shoreline of lakes and rivers is key to preserving the quality of the natural and cultural heritage of Muskoka within the Waterfront designation. Tree cover, vegetation and other natural features are encouraged to be retained to uphold the visual and environmental integrity of the Waterfront. Where development is proposed, a natural, substantially undisturbed buffer is recommended at the water’s edge to generally meet a target of 8 metres (26 feet) in width for three-quarters of the water frontage.

D.24 Shoreline development consists of single unit dwellings and accessory buildings and structures located on individual lots which are situated in a linear fashion along the shoreline.

K.60 Buildings, structures, or works extending beyond the normal or controlled high water mark or located at the shoreline shall be designed and located in a manner which: a) does not have a significant detrimental effect on critical fish and wildlife habitat; b) does not have a significant detrimental effect on property by facilitating erosion; c) minimizes the obstruction to the natural flow of water; d) minimizes potential damage from flood and ice heaving; and e) implements shoreline and resource development and environmental policies of the affected agency.


of 379

of 12

3. Muskoka Lakes Official Plan The subject property falls within the Waterfront Designation. One of the main objectives of the Waterfront designation is to ensure that built form does not dominate the natural shoreline. The policies encourage low-density residential development to achieve this objective. Official Plan Policies are quite firm with respect to density. Section B2.4 states that limiting density of buildings and structures in the Waterfront area is important in protecting the character of the Waterfront area. Many factors affect Waterfront character such as number of structures, setbacks, shoreline vegetative buffers, height, built size, built form, shoreline structures, and the historical lake development. Strict adherence to policies limiting density related to these factors is paramount. Section B3.1 indicates that a Goal of the Official Plan is to protect the character of the waterfront in recognition of the different character of individual lakes. Section B3.3 states that a Goal of the Official Plan is to ensure that development is suited to its site and that appropriate access and services are provided. Section B4.2 indicates that an Objective of the Official Plan is to ensure that built form does not become concentrated or dominate the Waterfront to the detriment of natural form. Section B4.4 notes that an Objective of the Official Plan is to identify the character of individual lakes through a classification system and assign appropriate limitations in an effect to protect this character. Section B4.18 directs that another Objective of the Official Plan is to control development on the waterfront such that it does not dominate the natural shoreline. Section B4.20 notes that another Objective of the Official Plan is to foster redevelopment opportunities of residential and commercial properties while maintaining the character of the waterfront area. Section B5.2 states that natural form should dominate the character of the Waterfront. Natural shorelines may visually screen development viewed from the water and buffer uses. Shorelines shall be encouraged to be maintained in a predominantly natural state with tree cover and ground vegetation retained as development occurs. Section B5.4 notes that where development occurs in the Waterfront, it should complement the natural and built form and should enhance and protect those qualities that contribute to charcter. Section B5.8 indicates that waterfront lots should be of sufficient dimension and size to accommodate the use proposed, related structures, and services within acceptable standards. As such, a variety of lot sizes, water frontages, setbacks and structural limitations are expected in recognition of the natural and built influences in the Waterfront. Section B5.14 states that sideyard setbacks shall be established in an implementing comprehensive zoning by-law in recognition of the following: b) in the case of shoreline structures, to allow for the ingress and egress of boats to dock spaces and boathouse slips, while maintaining reasonable views and separation for privacy between neighbouring properties; and, c) consideration may be given to alternatives where such setbacks are not possible due to terrain or other constraints.


of 379

of 12

Section B5.18 indicates that redevelopment of existing properties shall be encouraged to follow current development standards as closely as possible, to be compatible with and consistent with sound planning principles including environmental considerations. In addition, encouragement shall be given to restoring and preserving natural shorelines. Section B5.46 notes that the preservation and protection of the appearance of the shoreline in a natural vegetated state shall be encouraged. Section B5.51 states that the retention of trees and native vegetation shall be encouraged through site plan control to uphold the visual and environmental integrity of the Waterfront. Where development is proposed, a natural undisturbed buffer is required at the water’s edge to generally meet a target of 15 metres in depth from the high water mark. Where little or no natural buffer exists, renaturalizing will be required, where possible. Minor accessory structures and an access pathway to the shoreline are permitted. Section B9.2 provides policies for development on Category 1 lakes, permitting two storey boathouses subject to all other provisions in the Plan, and limiting dock width to 25 percent of the lot frontage, while boathouses are subject to further restrictions. Section B10.1 notes that development on the waterfront must be carefully controlled and monitored to maintain the character of the Waterfront area. Character of the Waterfront is not only a result of built size and form but also the number of habitable buildings, setbacks, shoreline vegetative cover, height, shoreline structures, and historical lake development. Section B.10.8 of the Official Plan states that the maximum permitted development on the lakes depends on the category of lake and must comply with Sections B.9.2 to B.9.5. Section B10.9 states that the policies and implementing zoning by-law provisions regarding density shall be strictly adhered to in accordance with Section F.1.6 of the Official Plan. The shoreline structures section of the Official Plan (Section 13) states that standards regulating shoreline structures shall be detailed in the implementing comprehensive zoning by-law (Section 13.2). Section B.13.3 provides that buildings, structures, or works extending beyond the normal or controlled high water mark or located at the shoreline shall be designed and located in a suitable manner so as to have regard for the following matters: a) critical fish and wildlife habitat; b) the natural flow of water; c) potential damage from flood and ice heaving; d) privacy; and e) other shoreline, resource development, and environmental policies. Section B13.4 states that to maintain a balance of natural and built form, the maximum cumulative width of shoreline structures, including all docks, shall be the lesser of 25 percent or 23 metres (75 feet) of the lot’s water frontage, with the exception of the following: a) Waterfront landings, which shall be limited to 25 percent; b) Waterfront contractors, which shall be limited to 25 percent; c) Resort properties, which shall be limited to 25 percent except in the case of applications

for shoreline structures adjacent to the following three (3) resort properties where the applications shall fulfill the information requirements and be consistent with the guidelines set out in Appendix “C” as part of a site plan agreement. The three resort properties are the Lake Joseph Club, Muskokan Resort Club, and Ferndale Resort.


of 379

of 12

d) Marinas, which shall be limited to 75 percent; and, e) Large residential properties with severance potential, as determined by the Township,

which shall generally be limited to 25 percent per minimum water frontage on potential lots.

Section B13.5 indicates that shoreline structures shall not impede the immediate view of surrounding properties, as defined by the extension of property lines onto the water. Section B13.6 notes that the primary use of docks is for the docking and berthing of boats as well as access to the lake for swimming. Large docks, used as decks over water, shall be discouraged. Section B13.7 also goes on to state that new two storey boathouses shall generally meet the following requirements:

a) located on Category 1 Lakes, provided it is not on a narrow waterbody and fish habitat is protected;

b) located on a lot with a minimum water frontage of 90 metres (300 feet); c) may include a second storey of up to 650 sq. ft.; d) may include a covered deck of up to 250 sq. ft.; and, e) an increased setback from the projected side lot line.

It should be noted that the Official Plan does not indicate whether frontage quantities are measured in a straight-line. Section A8.2 also states that numeric quantities are guidelines only. Section F1.6.4 states that in considering applications, the potential impact of similar approvals will be considered. The cumulative impact of amendments on this and other lands will be considered to have greater weight than site specific considerations. Section F1.6.5 indicates that in considering exemptions/minor variances to the Comprehensive Zoning By-law, Council shall consider, among others, the following matters:

cumulative impact on such matters as the environmental, visual/aesthetics, and lake character

impact of decisions on future development in the Township size of building not in compliance with the By-law buffering from neighbouring properties location of buildings on neighbouring properties visual impact impact on natural shoreline

Section F1.6.8 states that due to carefully planned origins of certain provisions of the zoning by-law, exemptions may not be granted for, among other matters, shoreline structure widths.

4. Zoning By-law

The subject property is zoned Waterfront Residential Natural Constraints (WR5). The zoning by-law implements the Official Plan policies by requiring a minimum of 300 feet of straight-line frontage on a Category 1 Lake to permit a two storey boathouse. There are also provisions regarding side yard setbacks, lengths and widths for two storey boathouses and docks.


of 379

of 12

5. Site Characteristics

Staff inspected the subject property on 20 February 2014. The property contains a dwelling, shed, and a one-storey flat roofed boathouse with surrounding dock. The land is level and there is mature vegetation on the property. The property consists of an eastern and western shoreline. The existing boathouse is located on the western shoreline and an existing dock located on the eastern shoreline would be removed as part of the proposal. Abutting properties to the northwest contain lengthy dock structures.

6. Two Storey Boathouse Lot Frontage & Height

As noted above, the applicant’s request is to permit a two storey boathouse with a height of 25 feet on a property with less than 300 feet of frontage. The subject property has two distinct frontages that are separated by a narrow piece of land that leads to essentially an island property. The straight line frontage of the western frontage is 125 feet whereas the straight line frontage of the eastern frontage is 170 feet. In this instance, the zoning By-law stipulates that in those cases where a lot has two frontages, the longer of the two frontages shall be the By-law frontage. Therefore, the eastern frontage with 170 feet represents the By-law frontage. In this case the applicants are requesting that the eastern and western frontages be combined for By-law purposes, resulting in 295 feet of combined frontage. This proposed combined frontage is less than the By-law requirement for a two-storey boathouse and exemptions to the By-law are required for a deficient two-storey boathouse lot frontage, a boathouse height of 25 feet where 16 feet is allowed, and to combine the frontages. The Official Plan was amended during the ‘Waterfront Density’ exercise to require 300 feet of frontage for two storey boathouses. It was felt that 300 feet of frontage was necessary to address concerns of visual impact, privacy, and intensity of use at the waterfront. The 300 foot requirement is meant to prevent a crowded appearance along the shoreline and to maintain a low density, natural shoreline. The natural form must continue to dominate over the built form. There is also more activity associated with a two storey boathouse, which can negatively impact privacy and fish and wildlife habitat. Exercises were completed at the time that illustrated the cumulative visual impact of two storey boathouses on lots of less than 300 feet, which resulted in built form dominating the shoreline. Council has been consistent in maintaining a 300 foot requirement for two storey boathouses and staff would suggest that a two-storey boathouse is not appropriate in this instance. It should also be noted that the new boathouse is proposed for the shorter of the two frontages and would occupy almost one-half (58 feet) of the straight line frontage of 125 feet. Official Plan policies direct that built form should not dominate the shoreline and in this instance it is the opinion of staff that the proposal does not comply with this policy direction. The eastern shoreline contains more frontage and may result in reduced visual impacts on neighbours, due to its different location in this bay.

7 Proposed Dock and Boathouse Length

The zoning By-law restricts dock length to a maximum of 66 feet and boathouse length to 50 feet. In this instance, the proposed dock length is 90 feet 6 inches and the proposed boathouse length is 64 feet 11 inches. The applicant’s agent has indicated that the reason for the increased length of both shoreline structures is due to shallow water depths in the vicinity. In this regard, the depth at the front of the two proposed boathouse slips would be 20 inches and the depth at the rear of the slips would be 30 inches. Staff have typically accepted a water


of 379

of 12

depth of 30 inches as sufficient for water craft and in this instance the depths at the west end of the proposed boathouse warrant an increased length. In cases where staff and/or Council have approved of increased shoreline structure lengths, predominantly for water depth reasons, staff’s preference is to limit built form beyond permitted maximums to a minimum. Typically, finger docks achieve this objective. Extensive slips, boathouses, and in this case a two-storey boathouse, can result in increased impacts, both visual and navigational, and it can be debateable as to their necessity. In the case of the subject property and its presence at the mid-point of a bay, a two-storey boathouse may result in considerable visual impacts to those landowners at the end of the bay. Although the abutting lot line projection is angled, lots further afield have a viewpoint as defined in the Official Plan as directly facing the proposed two-storey boathouse. Comments from these owners will be important. Staff’s preference is to reduce built form which exceeds the maximum permitted lengths of 66 feet and 50 feet, and to also acquire additional water depth information beyond that provided. Regarding the proposed dock, the north edge of the dock includes a 25 foot long finger that continues past the boathouse. Staff question the necessity for the proposed extended finger and would suggest that the length of the finger could be reduced to a maximum length that attains suitable water depth, typically 30 inches.

8 Proposed Dock and Boathouse Widths

Section 3.1.2.e(12) states that where a lot contains more than one frontage, the maximum width for each separate frontage shall not exceed the maximum permitted for that frontage. In this case, with all proposed development situated on the western or 125 foot frontage, dock or total width, single storey boathouse width, and second storey boathouse width are limited to 31 feet 3 inches (25%), 20 feet (16%), and 16 feet 3 inches (13%) respectively. Proposed widths are 57 feet 9 inches (46%), 54 feet 9 inches (44%), and 38 feet (30.4%) respectively. The proposed widths are all well beyond permitted maximums. If the frontages were combined, total width (19.6%) and second storey width (12.9%) would comply, however, first storey boathouse width (18.6%) would still exceed By-law requirements.

9 Two Storey Boathouse Provisions

As the zoning does not permit a two-storey boathouse on the property, a number of standard provisions are not included. On a 300 foot to 399 foot lot, the second-storey size is limited to 650 square feet, which is proposed. The maximum second storey length is 35 feet. The proposed development considerably exceeds this amount.

10 Proposed Dock and Boathouse Side Yards

Section 3.1.2.e of the zoning By-law contains side yard setbacks for docks as well as one and two storey boathouses. Docks are required to be setback 30 feet from side lot line extensions into the water, unless there is an existing non-complying dock or boathouse, where the setback is the existing, to a minimum of 15 feet. A two-storey boathouse or elevated sundeck requires a minimum 45 foot side yard setback. In this instance the proposed southern side yard is 13 feet 2 inches to the dock and approximately 16 feet 2 inches to the boathouse. Regarding the north side yard, the proposed setback is 39 feet 7 inches instead of the required 45 feet. The existing dock is located approximately 18 feet from the southern lot line projection.


of 379

of 12

Side yard setbacks are measured by extending the side lot lines into the water. In this instance the northern side yard extension of lot lines narrows from the shoreline due to the angle of the side lot line on land. With regard to the southern lot line extension, it is noted that the existing single storey boathouse has an existing setback of less than 30 feet. In addition, there are no shoreline structures to the south of the property and there is thick vegetation along the shoreline of the abutting property to the south. There is also limited to no possibility of development on land in this location due to the narrowness of the peninsula leading to the point. Staff have minimal concern with the request for reduced side yards due to the minimal impact upon abutting neighbours to the north and south of the subject property. Should the boathouse be reduced to one-storey in height, a north side yard setback exemption would not be required as the 30 foot setback would be satisfied.

11. By-law Administration

This is a proposal that does not satisfy numerous provisions of the Official Plan as well as By-law 87-87, as amended. Official Plan policies do not state whether frontage requirements are actual or straight-line measurements (it is implemented by the zoning by-law, which uses a straight-line measurement and the longer of the two frontages) nor does it provide guidance where a lot has two frontages but in both instances there is less than 300 feet of frontage when both frontages are combined. In addition, staff are of the opinion that a two storey boathouse located on a frontage with 125 feet would dominate the natural shoreline and not be in character with other shoreline structures that exist in the vicinity. Staff would not be opposed to a one-storey boathouse with exemptions to combine the frontages, a reduced southern side yard setback and a maximum shoreline structure length to achieve suitable water depth.

12 Completed Application

Bill 51 amended the Planning Act and requires planning approval authorities to determine if an application is complete. For an application such as this, typically little accompanying information is required except a clear sketch drawn to scale. A clear site plan and drawings of the proposed boathouse have been provided. Staff would recommend that additional water depth readings to the full extent of the proposed development also be provided.


of 379

of 12

Existing Dwelling

Existing Shed


of 379

of 12

Existing Boathouse

Docks to the northwest


of 379

of 12

Property to the northwest


of 379

ORIGIN

AL

ZB

A-01/14, K

off, Part of Lot


art 1 P

age 359 of 379

ORIGIN

AL

ZB

A-01/14, K

off, Part of Lot


art 1 P

age 360 of 379

ORIGIN

AL

ZB

A-01/14, K

off, Part of Lot


art 1 P

age 361 of 379

ORIGIN

AL

ZB

A-01/14, K

off, Part of Lot


art 1 P

age 362 of 379

ORIGIN

AL

ZB

A-01/14, K

off, Part of Lot


art 1 P

age 363 of 379

ORIGIN

AL

ZB

A-01/14, K

off, Part of Lot


art 1 P

age 364 of 379

ORIGIN

AL

ZB

A-01/14, K

off, Part of Lot


art 1 P

age 365 of 379


of 379

1

TERRY D. SARARAS DEVELOPMENT SERVICES __________________________________________________________

Terry D. Sararas, B.E.S, MCIP, RPP 421 Lindgren Road East, Huntsville, On., P1H 1Y6

Phone: 705-789-8332 Email: [email protected]

PLANNING REPORT

PREPARED FOR: Michael Koff PREPARED BY: Terry D. Sararas Development Services DATE: February 7, 2014 PROPERTY: Part Lot 28, Concession 10, geographic Township Of Medora, Township of Muskoka Lakes PURPOSE The purpose of this report is to provide a planning summary and analysis in support of an application for exemptions to Zoning By-law 87-87, Township of Muskoka Lakes. PROPERTY DESCRIPTION Legal The subject lands are known legally as Part of Lot 28, Concession 10, geographic Township of Medora, Township of Muskoka Lakes. The roll number of the property is 4453.040.015.01500 and municipal addressed as Unit #3, 1166 Morinus Road. A copy of a map showing the subject lands is attached as Appendix “A”. Physical The subject lands comprise .82 ha (2.04 Acres) with 38.7 m (127 feet) on the west bay and 54.2 m (178 feet) frontage on the east bay of Lake Rosseau. The lands are presently developed with a dwelling, boathouse and separate dock. Access is provided off Morinus Road, a municipal year round maintained road.


of 379

2

Proposed Development Existing buildings and structures on site are shown on Appendix “A”. The one-storey dwelling is a modest cottage. The dock in the east bay is used for moaring of the owner’s airplane. The one-storey boathouse in the west bay is in poor condition and provides inefficient moaring due to extremely shallow water depths (less than 1 foot). Appendix “B” is a photograph of the existing boathouse and vegetated shoreline in the west bay. It is proposed to replace the existing boathouse with a two-storey boathouse and moaring dock at an increased length into the water to gain acceptable water depth for safe moaring. Appendix “C” (SP-1a) is a site plan illustrating the location of the proposed boathouse with marked water depths. Appendix “D” is a series of architectural drawings/perspectives of the new boathouse. PLANNING BACKGROUND District and Township Official Plans The subject lands are within the Waterfront designation of the District and Township Official Plans. In particular the proposed development of a two-storey boathouse on the subject lands is supported by the following Plan policies:

A) District of Muskoka Official Plan Policy F.19 and Schedule “F” classifies Lake Rosseau as

moderately sensitive from a recreational quality basis. No major development restrictions are placed on moderately sensitive waterbodies.

B) Township of Muskoka Lakes Official Plan Policies B4.2, 4.16, 4.18, 4.20 and 4.24 direct development in the

waterfront to be in character with the surrounding environment and so as to not dominate the natural shoreline.

Policies B5.7(e) and 5.8 permit accessory shoreline buildings and structures and recognize a variety of water frontages, setbacks and structural limitations based on natural and built forms in the waterfront.

Policy B5.14(b) and (c) specifically directs sideyard setbacks for shoreline structures to provide for adequate ingress and egress of boats while maintaining reasonable views and privacy. Also alternative setbacks may be considered due to terrain or other constraints (eg. shallow water depths).


of 379

3

Policies B5.46 and 5.48 encourage retention of the natural shoreline and architectural designs, such as tiering of two-storey buildings to soften the appearance on the shoreline.

Policies B9.1 and 9.2 classify Lake Rosseau as a Category 1 (large) lake and permit two-storey boathouses, maximum lot coverage of 10% for the area within 60 m (200 fee) of the normal water’s edge and with a maximum width of docks being 25% of lot frontage to a maximum of 23 m (75 feet).

Policy B13.5 directs that shoreline structures shall not impede the immediate view of surrounding properties, as defined by the extension of property lines into the water.

Policy B13.7 encourages two-storey boathouses to generally be located on a lot with 90 m (300 feet) of water frontage and may include a limited sized second storey.

C) Zoning By-law 87-87

The subject lands are zoned Waterfront Residential Type 5 (WR5) – Natural Constraints. Appendix “E” illustrates the existing zoning of the subject lands and surrounding area. In analysing the parameters of the proposed development of the two-storey boathouse against the WR5 zone requirements the following zone exemptions are being applied for:

1. LOT FRONTAGE Historical opinion from early settlers indicate that the subject

lands were once a continuous water frontage with an island to the front. Upon filling in of the narrow roadway leading to the point two water frontages were created on the lot, one on the east bay being 54.2 m (178 feet) and one on the west bay 38.7 m (127 feet) in length. The cumulative combined water frontage is 89.9 m (295 feet). An exemption to By-law 87-87 is requested to combine the two frontages and deem them as one and limit all waterfront development to be permitted only in the west bay as a combined water frontage.

2. LENGTH OF STRUCTURES INTO WATER The measured water depths in the west bay are shown on

Appendix “C”. In general the west bay is very shallow as exhibited by the existing long docks on neighbouring properties. In order to permit safe moaring in the proposed new boathouse exemptions to the Zoning By-law are required for the length of the boathouse into water from 15.2 m (50 feet) to 20m (66 feet) and the dock from 20 m (66 feet) to 27.5 m (90 feet).


of 379

4

3. SIDEYARD SETBACKS

Due to the configuration of side lot lines and their extension into the water exemptions are required for the dock from 9.1 m (30 feet) to 3.9 m (13 feet) from the southern sideyard and for the boathouse from 13.7 m (45 feet) to 3.9 m (13 feet) on the southern sideyard and to 11.8 m (39 feet) on the northern sideyard.

4. HABITABLE SECOND FLOOR AREA A habitable second floor is proposed for the boathouse with

a maximum floor area of 60.4 m² (650 square feet). Given that the cumulative water frontage does not exceed 91.4 m (300 feet) an exemption to the Zoning By-law is required to permit the second storey habitable floor area and limit the size to 60.4 m² (650 square feet).

5. MAXIMUM HEIGHT OF A BOATHOUSE The existing zone classification as a Category 1 lake with

less than 91.4 m (300 (feet) of waterfront permits a maximum height of a boathouse of 4.8 m (16 feet). An exemption is therefore required to 7.6 m (25 feet) to permit the proposed two-storey boathouse.

All other provisions of the Zoning By-law are met based on deeming of the cumulative water frontages and applying all new development rights to the west bay only.

PLANNING ANALYSIS AND SUMMARY The existing boathouse is in a dilapidated state (refer to the attached photograph). In addition, the boathouse is dysfunctional for moaring of any larger boat due to the shallow water depth in the bay. The owner wishes to demolish the boathouse and replace the structure with a modern, functional and aesthetically pleasing boathouse at a depth of water which would permit safe mooring of power boats. Attached as Appendix “F” are photographs of the subject lands and adjacent properties. Due to the limited size of the existing cottage on site a second-storey is also proposed on the boathouse as accommodation space for family and guests. Four critical factors form a planning basis for the proposed two storey boathouse in the location identified:

1. The cumulative width of shoreline of both the east and west bay is 89.9 m (295 feet) minimally less than the 91.5m (300 feet) plus width of a shoreline requirement in the Zoning By-law which would


of 379

5

permit a two-storey boathouse and many of the requested by-law exemptions as-of-right. Historical information would indicate that the large point of land beyond the subject lot was once separated by water from the mainland and the access driveway was only subsequently filled to create mainland access. With the causeway not constructed, the total shoreline length of the subject lot would have exceeded 91.5 m (300 feet). Consideration of this fact is requested due to the minor shortage in the existing cumulative shoreline width from the 91.5 m (300 feet) plus by-law provisions.

2. Both the east and west bays have shallow water depths. In the past properties, particularly the adjacent lots in the west bay have sought by-law exemptions to extend docks into the bay beyond the 60 m (66 feet) length permitted by the zoning By-law.

Alternative locations for the proposed two-storey boathouse were prepared for both bays. The extension of the side lot lines in the east bay combined with the distance required to gain safe moaring placed any boathouse location well beyond the extended side lot lines therefore creating an illegal non-complying alternative. Also the owner uses the east bay and dock for landing of his float plane. From an aviation perspective the presence of a boathouse in the east bay would present serious concerns. Consequently, development of a boathouse in the east bay proved impractical. In the west bay side lot lines of the subject lands are more perpendicular to the shoreline and create more flexibility for locating a boathouse. On the neighbouring lot to the north the existing cottage is also turned in a south-westerly direction so as not to be significantly impacted by the new boathouse directly to the south. The proposed boathouse in the west bay is slightly turned to the south and located in a water depth of 50-76 cm (20-30 inches) which permits safe boat moaring. The requested dock extension to 27.5m (90 feet) is required in order to load and unload passengers and permit the boat operator, singularly, to moar in the boathouse.

3. The boathouse and dock is proposed in the same location as the existing boathouse at the south property boundary. In this location the existing vegetation and adjacent development is impacted the least (refer to photographs). The proposed dock extension is less than similar existing dock extensions on other properties in the bay.

In order to be compatible with the character of other development in the west bay significant attention has been given to the design


of 379

6

parameters of the proposed boathouse. The structure uses dormers, pitched roof, shake siding and large surrounding upper deck to create an aesthetic design. The upper 60.4 m² (650 square feet) accommodation area is stepped back from the front of the lower boathouse and forms a natural teiring from the water. The boathouse structure will not create a massive or dominant manmade form on the shoreline.

4. The owner has a strong, cordial relationship with his neighbours and proposes to develop a boathouse with their interests in mind. In this regard the proposed development has been discussed with the neighbours and support documentation is attached as Appendix “G”.

Given the lot characteristics, shallow water depth and historical changes of the shoreline the proposed development requires a number of by-law exemptions. However, the development will be an improvement and be in character with development in the bay.

It is therefore my professional opinion that the zoning exemption amendment represents good planning and meets the intent of the District and Township policies and regulations. Furthermore, it is my opinion that the proposed development is in character with the development in the area and will not significantly impact on the lake environment. It is therefore respectfully requested that the zoning exemption amendment be approved. Prepared and Submitted by: Terry Sararas, BES, MCIP, RPP Planner -attachments


of 379

agenda - planning committee of the whole december 15… · a regular meeting of the planning...

Documents