By-law 2020-017 amending Zoning By-law 2016-088

Bracebridge, Ontario · No. 2020-017 · summary & facts

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<!-- image --> ## BY-LAW NO. 2020-017 ## A BY-LAW OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE TO AMEND BY-LAW 2016-088, A LAND USE CONTROL BY-LAW TO REGULATE THE USE OF LAND IN THE TOWN OF BRACEBRIDGE WHEREAS By-law No. 2016-088 was enacted to regulate land use in the Town of Bracebridge, in the District Municipality of Muskoka. AND WHEREAS it is deemed necessary to amend the said By-law by rezoning certain lands and by the addition of certain provisions; AND WHEREAS by motion 20-PD-018 the Council of The Corporation of the Town of Bracebridge deems it expedient to pass such a by-law. AND WHEREAS this by-law provides for amendments to By-law 2016-088, as herein described and depicted. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE ENACTS AS FOLLOWS: 1. THAT Schedules 'A' thru 'E' to By-law No. 2016-088, attached hereto, are hereby amended by changing the zoning of all lands highlighted in red in the attached Schedules 'A-1' to 'A-31'. 2. THAT Section 3.2.3.1, Minimum Lot Area - Public Water &amp; Private Sewage for the R1 zone is amended by deleting the following: '695 m 2 ' and replacing it with the following: - '0.4 ha' 3. THAT Section 3.2.3.1, Minimum Lot Area - Private Wells &amp; Private Sewage for the R1 zone is amended by deleting the following: '1390 m 2 ' and replacing it with the following: - '0.4 ha' 4. THAT Section 3.2.3.1, Minimum Lot Area - Public Water &amp; Private Sewage for the R2 and R3 zones are amended by deleting the following: '925 m 2 ' and replacing it with the following: - '0.4 ha' 5. THAT Section 3.2.3.1, Minimum Lot Area - Private Wells &amp; Private Sewage for the R2 and R3 zones are amended by deleting the following: '2040 m 2 ' and replacing it with the following: '0.4 ha' 6. THAT Section 3.2.3.1, Minimum Lot Frontage - Public Water &amp; Private Sewage for the R1 zone is amended by deleting the following: '23 m' and replacing it with the following: '36 m' 7. THAT Section 3.2.3.1, Minimum Lot Frontage - Public Water &amp; Private Sewage for the R2 and R3 zones is amended by deleting the following: '23 m' and replacing it with the following: '30 m' 8. THAT Section 3.3.2 (*1) vi) is amended by deleting the following: 'Any deck attached to a sleeping cabin cannot exceed a floor area of 50% of the gross floor area of the sleeping cabin .' and replacing it with the following: 'Any deck attached to a standalone sleeping cabin cannot exceed a floor area of 50% of the gross floor area of the sleeping cabin.' 9. THAT Section 3.3.3.1, Minimum Yard Requirements: Front Yard for the SR1 zone is amended by deleting the following: '20 m (*2)' and replacing it with the following: '(*2) ' 10. THAT Section 3.3.3.1, Minimum Yard Requirements: Front Yard for the SR2, SR3, SR4 and SR5 zones are amended by deleting the following: '30 m' and replacing it with the following: '(*2) ' 11. THAT Section 3.3.3.2 (*2) is amended by deleting the following: 'The minimum front yard in the Shoreline Residential Type One (SR1) Zone is 7.5 metres if the front lot line abuts a street. ' and replacing it with the following: 'The minimum front yard is the greatest distance from the front lot line as a result of either: - i) 20 metres from a waterbody or watercourse that is not a coldwater stream in a SR1, SR5 and WL zone ; 2. ii) 30 metres from a waterbody or watercourse that is not a coldwater stream in a SR2, SR3, and SR4 zone ; 3. iii) 30 metres where the front lot line abuts a coldwater stream; or 4. iv) 7.5 metres where the front lot line abuts a street . ' 12. THAT Section 3.3.3.2 (*3) is amended by deleting the following: 'The maximum lot coverage for all buildings or structures located within 60 metres of the high water mark is 15% of the lot area within 60 metres of the high water mark. The maximum lot coverage of all buildings or structures located greater than 60 metres from any high water mark is 15% of the entire lot area.' and replacing it with the following: 'The maximum lot coverage for all buildings or structures located within 60 metres of the high water mark is 15% of the lot area within 60 metres of the high water mark. 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 60 metres of the high water mark abutting the original shore road allowance within the projection of the side lot lines. The maximum lot coverage of all buildings or structures located greater than 60 metres from any high water mark is 15% of the entire lot area. Where a lot does not directly abut a waterbody or an open shore road allowance, the maximum lot coverage for all buildings or structures is 15% of the entire lot area.' 13. THAT Section 3.4.1, Permitted Uses header is amended by deleting the following: 'Convience' and replacing it with the following: 'Convenience' 14. THAT Section 3.7.1 is amended by adding (*1) to ' Dormitory '. 15. THAT Section 3.8.1 is amended by permitting ' Equestrian Centre ' in the RU zone with a notation (*10). 16. THAT Section 3.8.2 is amended by adding a notation (*10) to read: 'An Equestrian Centre is permitted provided the following: - i) The lot has a minimum lot area of 4.0 hectares; 2. ii) The setbacks for Farm Buildings in Section 4.21.7 are met; and 3. iii) The use is located a minimum of 150 metres from a navigable waterway .' 17. THAT Section 3.8.2 (*4) is amended by adding a subsection iv) to read: 'a maximum of two accessory buildings or structures are permitted with all accessory buildings or structures to have a combined maximum total floor area of 75m 2 .' 18. THAT Section 3.8.2 (*5) is amended by deleting: 'A maximum of one Accessory Dwelling Unit is permitted provided it is not accessory to a Bulk Fuel Sales use.' and replacing it with the following: 'A maximum of one Accessory Dwelling Unit is permitted provided it is not located on the same lot as a Bulk Fuel Sales use.' 19. THAT Section 3.8.2 (*7) is amended by adding a new subsection i) and renumbering all subsequent subsection, with the new subsection i) to read: 'the use is located on a lot , which existed at the date of passing of this by-law;' 20. THAT Section 3.8.2 (*7) is amended by adding a subsection vi) to read: 'a maximum of one accessory building or structure is permitted with the accessory building or structure to have a maximum total floor area of 40m 2 .' 21. THAT Section 3.11.1 (*2) is amended by deleting: 'Before a building permit is issued, a survey must be submitted showing the Regulatory Flood Elevation and location of proposed structure(s) in relation to the Regulatory Flood Elevation and the original ground elevation. Structural development is not permitted where the depth of flooding would exceed 1.0 metres.' and replacing it with the following: 'Before a building permit is issued, a survey must be submitted showing the Regulatory Flood Elevation and location of proposed structure(s) in relation to the Regulatory Flood Elevation and the original ground elevation. Structural development is not permitted where the depth of flooding would exceed 1.0 metres. For the purposes of Wood Lake, the regulatory flood elevation is 301.36 metres above sea level and for the purposes of Lake Muskoka, the regulatory flood elevation is 226.49 metres above sea level.' 22. THAT Section 3.11.2.3 is amended by deleting: ' Docks are restricted to floating types or those supported by piles and crib docks are not permitted.' and replacing it with the following: ' Docks are restricted to floating types or those supported by piles. Crib docks are not permitted.' 23. THAT Section 4.3.13 titled 'Air Conditioner and Heat Pumps' is added and reads as follows: 'An air conditioner or heat pump is only permitted in an interior side yard or rear yard and must be setback a maximum of 0.6 metres from the building it serves.' 24. THAT Section 4.3.14 titled 'Treehouses and Play Equipment' is added and reads as follows: 'One treehouse or other play structure that does not require a building permit can be located in any yard , provided it is located a minimum of 1.2 metres from any lot line and 5.0 metres from any street line . Any other treehouses or play structures must meet the minimum accessory building or structure provisions for the zone in which it is located.' 25. THAT Section 4.8 is amended by added a new subsection vi) and renumbering all subsequent subsections, with the new subsection vi) to read: 'For the purpose of Section 4.8 v) a), the enlargement may include a deck , even if the original structure does not include a deck . If a deck is included as part of the enlargement, the floor area of the deck will count toward the maximum floor area permitted under Section 4.8 v) a. For the purpose of calculating the original gross floor area , any existing deck would not count towards the original gross floor area for a building or structure containing a dwelling unit .' 26. THAT Section 4.9 is amended by deleting: 'A lot which existed legally prior to the enactment date of this By-law, that does not meet the lot area or lot frontage or both requirements of the applicable Zone, is deemed to comply with the lot requirements. Additionally, if a lot has been created or reduced in size by a consent granted by the Committee of Adjustment and the lot does not meet the lot area or lot frontage or both requirements of the applicable Zone, the lot is deemed to comply with those lot requirements, if the deficiency in lot area or lot frontage or both requirements does not exceed 10% of those lot requirements. If the lot area or lot frontage or both dimensions of a lot , which existed legally prior to effective date of this By-law, is enlarged, the lot is deemed to comply with those lot requirements of this By-law. Such lot s may be used and building s may be erected, enlarged, repaired or renovated on the lot provided that the use and the building s or structure s comply with all of the other provisions of this By-law.' and replacing it with the following: 'A lot which existed legally prior to the enactment date of this by-law, that does not meet the lot area or lot frontage or both requirements of the applicable zone, is deemed to comply with the lot requirements. ## 4.9.1 Lots Created by Committee of Adjustment for Consent If a lot has been created or reduced in size by a consent granted by the Committee of Adjustment and the lot does not meet the lot area or lot frontage or both requirements of the applicable zone, the lot is deemed to comply with those lot requirements, if the deficiency in lot area or lot frontage or both requirements does not exceed 10% of those lot requirements. ## 4.9.2 Lot Additions to Non-Complying Lots If the lot area or lot frontage or both dimensions of a lot , which existed legally prior to effective date of this by-law, is enlarged, the lot is deemed to comply with those lot requirements of this by-law. Such lot s may be used and building s may be erected, enlarged, repaired or renovated on the lot provided that the use and the building s or structure s comply with all of the other provisions of this by-law. ## 4.9.3 Reducing Lot Area in Non-Complying Lots If a lot, which existed legally prior to the enactment date of this by-law, has a lot area that complies to the zone in which is it located but the lot frontage does not comply and the lot area is reduced through a consent application, the lot is deemed to comply with the lot requirements of this bylaw provided the lot area still meets the zone standards for the zone in which it is located and the non-complying lot frontage has not been reduced.' ## 27. THAT Section 4.10 subsection iv) is amended by deleting: 'if the lot is located in a Shoreline or Tourist Commercial Zone and was created after the passing of this By-law it may front on: - a) a navigable waterway; - b) a year round maintained public road; or - c) a condominium road .' and replacing it with the following: 'if the lot is located in a Shoreline Residential or Tourist Commercial zone and was created after the passing of this by-law, buildings or structures are permitted to be erected on the portion of the lot zoned a Shoreline Residential or Tourist Commercial zone if that portion of the lot fronts on: - a) a navigable waterway; - b) a year round maintained public road; or - c) a condominium road .' ## 28. THAT Section 4.10 subsection v) is amended by deleting: 'if the lot is located in a Shoreline or Tourist Commercial Zone and was created before the passing of this By-law it may front on: - a) a navigable waterway; - b) a year round maintained public road; - c) a condominium road ; - d) a seasonally maintained public road; or - e) a private road. ' and replacing it with the following: 'if the lot is located in a Shoreline Residential or Tourist Commercial zone and was created before the passing of this by-law, buildings or structures are permitted to be erected on the portion of the lot zoned a Shoreline Residential or Tourist Commercial zone if the lot fronts on: - a) a navigable waterway; - b) a year round maintained public road; - c) a condominium road ; - d) a seasonally maintained public road; or - e) a private road .' 29. THAT Section 4.21.13 is amended by deleting the title: 'Minimum Separation Distance Formulae' and replacing it with the following: 'Minimum Distance Separation Formulae' 30. THAT Section 4.22 is amended by adding Section 4.22.3 to reads as follows: ## '4.22.3 Split Zoned Through Lots Where a split zoned lot , fronts on a navigable waterway and the rear lot line abuts a street , the front yard setback of the zone located on the street side shall apply.' 31. THAT Section 4.24 is amended by deleting: 'Section 4.24 FRONTAGE ON PROVINCIAL HIGHWAY OR MUSKOKA CLASS A &amp; B ROAD Where any lot frontage abuts a Provincial Highway or Class A Muskoka Road, the minimum required lot frontage is 150 metres or where the lot frontage abuts a Class B Muskoka Road except for Manitoba Street south of Douglas Drive, the minimum required lot frontage is 135 metres.' and replacing it with the following: ## 'Section 4.24 LOT FRONTAGE Section 4.24.1 Frontage on Provincial Highway or Muskoka Class A &amp; B Road Where any lot frontage abuts a Provincial Highway or Class A Muskoka Road, the minimum required lot frontage is 150 metres or where the lot frontage abuts a Class B Muskoka Road, except for Manitoba Street south of Douglas Drive, the minimum required lot frontage is 135 metres. ## 4.24.2 Corner Lot Notwithstanding which lot line is considered the front lot line , where a lot is a corner lot , the lot is deemed to comply with the minimum lot frontage where either of the lot lines that abut a street meets the minimum lot frontage requirement. ## 4.24.3 Split Frontage Where a front lot line is split due to another lot dividing the front lot line then the lot frontage requirements are deemed to conform if the combined lot frontage meets the lot frontage requirement for the zone in which it is located.' 32. THAT Section 4.27 is adding which reads as follows: ## '4.27 Model Homes Model homes are permitted in all zones on lands that have received draft plan of subdivision or condominium approval for residential purposes provided that: - a) Each model home is built within a lot defined by the draft approved plan of subdivision or condominium; - b) The model home complies with all other requirements of this by-law for the applicable type of dwelling unit; - c) The buildings are used for the purpose of model homes only and must not be occupied prior to the date of registration of the subdivision, condominium, or similar development agreement; - d) The lands are subject to an approved municipal servicing agreement and model home agreement; and - e) Model homes may be constructed temporarily without connection to a municipal sanitary system and a municipal water supply system.' 33. THAT Section 5.3 is amended by replacing '7.0 metres' with '6.0 metres' for the 'Minimum Perpendicular Width of Aisle' for '70 to 90 degrees' of Angle of Parking Space with Aisle: 34. THAT Section 5.14.4 subsection iii) is amended by deleting: 'is used for human habitation a maximum of 15 days in a month and a maximum of 60 days in a calendar year.' and replacing it with the following: 'is used for human habitation only between May 15 th and October 15 th .' 35. THAT Section 5 is amended by adding a new Section 5.18 and renumbering all subsequent sections, with the new Section 5.18 to read: 'Notwithstanding any provision to the contrary, where an existing lot contains a complying or a legal non-complying number of parking spaces and standard parking spaces are converted to accessible parking spaces , which brings the number of parking spaces below the minimum number of parking spaces required for the uses on the lot , the number of parking spaces will be deemed to comply, provided the new accessible parking spaces meet the standards of this bylaw.' 36. THAT the definition of ' AMUSEMENT PARK ' is added and reads as follows: 'Means a premise used primarily for the commercial operation of a recreation, entertainment and amusement complex wherein rides, exhibits and displays, games of skill or chance and the sale of food, beverages, toys or souvenirs constitute the main uses.' 37. THAT the definition of ' BASEMENT ' is added and reads as follows: 'Means the whole of the area extending to all four walls of a building located between two floor levels that is more than 50% below grade .' ## 38. THAT the definition of ' DORMITORY ' is amended by deleting: 'Means a building or structure where four (4) or more residents have exclusive use of a bedroom but common washroom and kitchen facilities and where each residential individually compensates the owner for providing the accommodation.' and replacing it with the following: 'Means a building or structure where four (4) or more residents have exclusive use of a bedroom with common washroom and kitchen facilities and where each resident individually compensates the owner for providing the accommodation.' ## 39. THAT the definition of ' EQUESTRIAN CENTRE ' is added and reads as follows: 'Means a premise in which lands, buildings or structures are used for the boarding of five (5) or more horses, the training of horses and riders, and/or the staging of equestrian events, but does not include the racing of horses.' ## 40. THAT the definition of ' FITNESS CENTRE ' is amended by deleting: 'Means premises in which facilities are provided for recreational or athletic activities such as bodybuilding and exercise classes and may include associated facilities such as a sauna, swimming pool, solarium, cafeteria and accessory retail uses.' and replacing it with the following: 'Means premises in which facilities are provided for athletic activities such as body-building and exercise classes and may include associated facilities such as a sauna, solarium, cafeteria and accessory retail uses but does not include a swimming pool, tennis court or outdoor facilities such as an outdoor bowling green or sports field.' ## 41. THAT the definition of ' FLOOR AREA, GROSS ' is amended by deleting: 'Means the aggregate of the floor area measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, and in the case of a dwelling, excluding any porch es, verandas or sunrooms (unless habitable in all seasons of the year), any basement or cellar or private garage .' and replacing it with the following: 'Means the aggregate of the floor area measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, and in the case of a dwelling, excluding any porch es, verandas or sunrooms (unless habitable in all seasons of the year), any basement or private garage .' ## 42. THAT the definition of ' FLOOR AREA, GROSS LEASABLE ' is amended by deleting: 'Means the aggregate of the floor area measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, and in the case of a dwelling, excluding any porch es, verandas or sunrooms (unless habitable in all seasons of the year), any basement or cellar or private garage but does not include mechanical rooms.' and replacing it with the following: 'Means the aggregate of the floor area measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, and in the case of a dwelling, excluding any porch es, verandas or sunrooms (unless habitable in all seasons of the year), any basement, private garage or mechanical rooms.' 43. THAT the definition of ' GRADE, FINISHED ' is amended by deleting: 'Means the average elevation of the finished surface of the ground at ground level measured on any side of a building or structure.' and replacing it with the following: 'Means the average elevation of the finished surface of the ground at ground level as approved by the Town, measured on any side of a building or structure.' 44. THAT the definition of ' HEIGHT and HEIGHT OF BUILDING ' is amended by deleting: 'Means the vertical distance, measured between the finished grade at the front of a building , or in the case of a boathouse or boat port the top of dock, and - a) in the case of a flat roof or mansard roof, the highest point of the roof surface; - b) in the case of a gable, hip or gambrel roof, on a building or structure other than an accessory building or structure, the mean height s between the eaves and ridge. For the purpose of gable, hip or gambrel roof, the mean height will be measured on the roof slope with the greatest area; and - c) in the case of a gable, hip or gambrel roof, for an accessory building such as a boathouse, boat port, sleeping cabin, detached garage or shed, the highest point of the roof surface.' and replacing it with the following: 'Means the vertical distance measured between the finished grade at the front of a building , or in the case of a boathouse or boat port the top of dock, and - a) in the case of a flat roof or mansard roof, the highest point of the roof surface; - b) in the case of a gable, hip or gambrel roof, on a building or structure other than an accessory building or structure, the mean height between the highest eave and highest ridge; and - c) in the case of a gable, hip or gambrel roof, for an accessory building such as a boathouse, boat port, sleeping cabin, detached garage or shed, the highest point of the roof surface.' 45. THAT the definition of ' LOT LINE, FRONT ' is amended by deleting subsection d) and e): 5. 'd) the shorter of the two intersecting lot lines on a corner lot; - e) the lot line where the principal access to the lot is provided on a thorough lot.' and replacing it with the following: 'd) the lot line where the principal access to the lot is provided on a corner lot or thorough lot.' 46. THAT the definition of ' MODEL HOME ' is added and reads as follows: 'Means a building which is used on a temporary basis for display of the type of dwelling unit in a related development and may be used as a sales office but cannot be used for human habitation.' ## 47. THAT the definition of ' MUSEUM ' is added and reads as follows: 'Means a premise used for the exhibition, collection or preservation of objects of cultural, historical or scientific interest for public viewing.' ## 48. THAT the definition of ' NON-COMPLYING, LEGAL ' is added and reads as follows: 'Means either a lot that does not meet the requirements of the zone standards of this by-law for the zone in which the lot is located but which met the zone standards when the lot was created or no zone standards were in place when the lot was created; or a building or structure that does not meet the requirements of the zone standards of this by-law for the zone in which the lot containing the building or structure is located but which met the zone standards when the building or structure was constructed or no zone standards were in place when the building or structure was constructed and has been in continued existence since that time.' 49. THAT the definition of ' NON-CONFORMING, LEGAL ' is added and reads as follows: 'Means the use of any land, building or structure which is not within the permitted uses set out in this by-law for the zone in which the land, building or structure is located but which was a permitted use on the day the use was created and has been a continuous use since that time.' 50. THAT the definition of ' PATIO ' is amended by deleting: 'Means a surfaced open space of land at grade adjacent to a residential dwelling unit , which is used as an outdoor living area.' and replacing it with the following: 'Means an artificially created surfaced area, which is used as an outdoor living area that is a minimum of 0.6 metres above grade.' 51. THAT the definition of ' RECREATION FACILIITIES ' is amended to RECREATIONAL FACILIITIES '. 52. THAT the definition of ' TREEHOUSE ' is added and reads as follows: 'Means a structure affixed to a tree that is utilized for children to play in but does not include a Sleeping Cabin .' 53. THAT the definition of ' WAREHOUSE' is amended by deleting: 'Means a building or part of a building used for storage and distribution of goods, wares, merchandise, substances, articles or things, and may include facilities for a wholesale or retail commercial outlet not exceeding 25% of the gross floor area .' and replacing it with the following: 'Means a building or part of a building used for storage and may include distribution of goods, wares, merchandise, substances, articles or things, as well as facilities for a wholesale or retail commercial outlet not exceeding 25% of the gross floor area but does not include indoor storage facilities .' ## 54. THAT Section 7.1.1 is amended by deleting the following: | R1-8 | R-11 R-16 | 90-58 98-76 | Permitted uses are all those uses in the R1 Zone with a minimum interior side yard of 1.5m, a minimum exterior side yard of 3m, a floor area per dwelling unit between 83m 2 and 140 m 2 and a maximum building footprint of 97.5m 2 | |--------|-------------|---------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| and replacing it with the following | R1-8 | R-11 R-16 | 90-58 98-76 | Permitted uses are all those uses in the R1 Zone with a minimum interior side yard of 1.5m, and a minimum exterior side yard of 3m. | |--------|-------------|---------------|---------------------------------------------------------------------------------------------------------------------------------------| ## 55. THAT Section 7.1.1 is amended by deleting the following: | R1-32 | - | - | Permitted uses are all those uses in the R1 zone including Seasonal Dwelling and a Sleeping Cabin in accordance with Section 3.3.2 (*1) of this By-Law with a minimum lot frontage of 60m. | |---------|-----|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| and replacing it with the following | R1-32 | - | - | Permitted uses are all those uses in the R1 zone including Seasonal Dwelling and a Sleeping Cabin in accordance with Section 3.3.2 (*1) of this by-law with a minimum lot frontage of 60m on the Muskoka River. Notwithstanding Section 4.10 of this by-law, buildings or structures are permitted without frontage on a year round municipally maintained road. | |---------|-----|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| ## 56. THAT Section 7.1.1 is amended by deleting the following: | R2-5H | RM-15H | 2004-07 | Permitted uses are only those uses existing at the date of passing of this By-law until the Holding Symbol is removed by By-law at which time the permitted uses are limited to Detached Dwelling and Duplex Dwelling with minimum lot frontage of 18m, minimum lot area of 613m 2 , with each dwelling unit having an outdoor privacy area of 23m 2 . The Holding Symbol may be removed once the owner has entered into a Site Plan Agreement with the Town. | |---------|----------|-----------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| and replacing it with the following | R2-5 | RM-15H | 2004-07 | Permitted uses are limited to Detached Dwelling and Duplex Dwelling with a minimum lot frontage of 18m, a minimum lot area of 613m 2 , and with each dwelling unit having an outdoor privacy area of 23m 2 . | |--------|----------|-----------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| 57. THAT Section 7.1.1 is amended by adding the following: | R2-11 | R2 | 2016-088 | Permitted uses are all those uses in the R2 zone including Parking Area . | |---------|------|------------|-----------------------------------------------------------------------------| ## 58. THAT Section 7.1.1 is amended by adding the following: | R4-H | R4-H | 2009-004 | Permitted uses in the R4-H zone are limited to existing uses only until such time as the Holding Symbol (H) is removed by by-law, at which time, the permitted uses would be all those uses in the Residential Type 4 (R4) zone. The Holding Symbol (H) can only be removed once the applicant has entered into a Servicing Agreement with the District of Muskoka and a Site Plan Agreement with the Town of Bracebridge. | |--------|--------|------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| 59. THAT Section 7.1.1 is amended by deleting the following: | R4-10 | R4-12 | 91-81 | Permitted uses are limited to an Apartment Dwelling with a maximum of 12 Dwelling Units | |---------|---------|---------|-------------------------------------------------------------------------------------------| and replacing it with the following | R4-10 | R4-12 | 88-33 | Permitted uses are limited to an Apartment Dwelling with a maximum of 12 Dwelling Units | |---------|---------|---------|-------------------------------------------------------------------------------------------| 60. THAT Section 7.1.1 is amended by deleting the following: | R4-24 | R4-19 | 2010-066 | Permitted uses are all those uses in the Residential Type 4 (R4) Zone with the following provisions: 1) That parking spaces are permitted in all yards; and 2) Where a draft condominium description has been approved by the applicable approval authority and the description is proposed to be registered in phases in accordance with Part XI of the Condominium act, 1998, and the registration of each phase occurs in accordance with the approved condominium description, all registered and proposed phases included in the said description are deemed to comply with the provisions of the Zoning Bylaw notwithstanding that the descriptions for all phases have not been registered. | |---------|---------|------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| and replacing it with the following | R4-24 | R4-19 | 2010-066 | Permitted uses are all those uses in the Residential Type 4 (R4) zone with parking permitted in all yards and the lot frontage to be taken as the entire R4-24 zone frontage on Manitoba Street. | |---------|---------|------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| ## 61. THAT Section 7.1.1 is amended by adding the following: | R4-37H | R4-H | 2012-013 | Permitted uses are limited to existing uses only until such time as the Holding Symbol (H) is removed by by-law, at which time, the permitted uses would be all those uses in the Residential Type 4 (R4) Zone. The Holding Symbol (H) can only be removed once the applicant has entered into a Site Plan Agreement with the Town of Bracebridge. | |----------|--------|------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| 62. THAT Section 7.1.2 is amended by adding the following: SR1-79 SR1-58 2010-067 Permitted uses are all those uses in the SR1 zone with a minimum east front yard setback of 30 metres and a minimum setback of 15 metres. interior side yard 63. THAT Section 7.1.2 is amended by adding the following: SR1-80 SR1 2016-088 Permitted uses are all those uses in the SR1 zone with all those lands in the SR1-80 zone considered one planning purposes and the individual lot coverage 64. THAT Section 7.1.2 is amended by adding the following: SR1-81 SR1 2016-088 Permitted uses are all those uses in the SR1 zone with all those lands in the SR1-81 zone considered one planning purposes and the individual lot coverage 65. THAT Section 7.1.2 is amended by adding the following: SR1-82 SR1 2016-088 Permitted uses are all those uses in the SR1 zone with all those lands in the SR1-82 zone considered one planning purposes and the individual lot coverage 66. THAT Section 7.1.3 is amended by adding the following: 67. THAT Section 7.1.4 is amended by adding the following: | C1-8 | R2 | 2016-088 | Permitted uses are all those uses in the C1 zone except a Medical Clinic ; and with no visual buffer required along the south lot line, a 1.8 metre wooden fence is required along the north lot line, a 1.5 metre setback for the parking area from the fence along the north lot line, a minimum of one (1) dwelling unit is required, and a minimum outdoor privacy area of 23m 2 per dwelling unit is required for exclusive use of the occupants of each dwelling unit . | |--------|------|------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| CT1-6 CT1 2016-088 Permitted uses are all those uses in the CT1 zone including an Amusement Park. 68. THAT Section 7.1.4 is amended by adding the following: CT2-4 CT2 2016-088 Permitted uses are all those uses in the CT2 zone including parking for an another lot. Amusement Park located on lot coverage for each lot for is taken as the . lot lot coverage for each lot for is taken as the . lot lot coverage for each lot for is taken as the . lot 69. THAT Section 7.1.6 is amended by deleting the following: I-14 R1 - and replacing it with the following I-14 R1 2016-088 Permitted uses are all those uses in the I Zone with the total site to require a minimum of 300 parking spaces. Permitted uses are all those uses in the I Zone with the total site to require a minimum of 300 parking spaces, the setback from top of bank being 6 metres and the maximum height 70. THAT Section 7.1.6 is amended by adding the following: I-19 EP1 2016-088 Permitted uses are limited to , Hall Museum being 20 metres. Artisan Studio , and Public Office 71. THAT Section 7.1.6 is amended by adding the following: I-20 I and R2 2016-088 Permitted uses are all those uses in the I Zone including . Parking Area 72. THAT Section 7.1.7 is amended by deleting the following: RU-33 RU 2007-025 and replacing it with the following: RU-33 RU 2007-025 Permitted uses are all those uses in the RU Zone with minimum lot area of 3.9 ha. Permitted uses are all those uses in the RU zone with a minimum lot area of 1.6 ha. 73. THAT Section 7.17 is amended by adding the following: 74. THAT Section 7.18 is amended by adding the following: | RU-59 | SR1 | 2016-088 | Permitted uses are all those uses in the RU zone. Notwithstanding Section 4.10 of this by-law, buildings or structures are permitted without frontage on a year round municipally maintained road. | |---------|-------|------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| OS1-9 SR1-27 2016-088 Permitted uses are all management facilities. 75. THAT Section 7.1.8 is amended by adding the following: OS3-2 R1-48 2016-088 Lands located in the OS3-2 zone are to remain in their natural state with no buildings or structures permitted. 76. THAT Section 7.1.9 is amended by adding the following: EP1-2 - 2013-043 Permitted uses are limited to existing uses with the land to remain in a natural state with the exception of a 2 metre pedestrian access trail, which includes a bridge and raised boardwalk for pedestrian access to the shoreline. , . are limited to Assembly stormwater 77. That Schedules "A-1" to 'A-31' attached hereto forms part of this by-law. 78. That this by-law shall take effect on the date of passage by Council and shall come into force in accordance with Section 34 of the Planning Act, R.S.O., 1990. 79. Upon the date this By-law comes into force and effect, By-law 2020-011 is hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF MARCH 2020. Mayor, Graydon Smith Director of Corporate Services/Clerk, Lori McDonald Schedule "A-1" Part of Lot 1, Concession 3, Macaulay Ward of the Town of Bracebridge being Lot 51 of Registrar's Compiled Plan 510 McCrank Drive- LDaniel Drive- Scale 1: 4,000 <!-- image --> Beaumont Drive Scale 1: 2,000 Schedule "A-2" Part of Lot 1, Concession 13, Muskoka North Ward of the Town of Bracebridge being Part of Lot 8 of Registrar's Compiled Plan 530 &gt; / Stuart Lane <!-- image --> Kimberley Avenue Scale 1: 1,000 Schedule "A-3" Lot 1 and part of Lots 2 and 7, Plan 1, West Dominion Street and North Quebec Street and part of Lots 6 and 7 of Plan 3, East Market Street, Bracebridge Ward of the Town of Bracebridge being Parts 1 to 3 of Plan 35R-24608 <!-- image --> Scale 1: 1,000 Schedule "A-4" Part of Lots 5 to 7 of Plan 3, East Market Street, Bracebridge Ward of the Town of Bracebridge being Parts 4 and 5 of Plan 35R-24608 <!-- image --> Scale 1: 1,000 Schedule "A-5" Lot 12 of Plan 16, Bracebridge Ward of the Town of Bracebridge Schedule "A-6" <!-- image --> Part of Lot 3, Concession 1, Bracebridge Ward of the Town of Bracebridge Scale 1: 1,000 being part of Parts 2 and 3 of Plan 35R-23742 <!-- image --> Muskoka Entrance Drive Scale 1: 2,000 Schedule "A-7" being Parts 1 and 2 of Plan 35R-5522, Parts 2, 9, 10 and 11 of Plan 35R-7300 and Part 1 of Plan 35R-10152 Richard Street <!-- image --> Schedule "A-8" Lot 1 of Plan 35M-717, Monck South Ward of the Town of Bracebridge MacArthur Drive Scale 1: 1,500 <!-- image --> Schedule "A-9" Part of Lot 1, Concession 12, Draper Ward of the Town of Bracebridge, Scale 1: 1,500 being Parts 1 and 2 of Plan 25R-17003 <!-- image --> Schedule "A-10" Lot 2 and part of Lot 3 of Plan 15, Bracebridge Ward of the Town of Bracebridge, Scale 1: 1,500 <!-- image --> Scale 1: 1,500 Schedule "A-11" Part of Lot 14, Concession 10, Muskoka North Ward of the Town of Bracebridge, being Part 3 of Plan 35R-8859 <!-- image --> Schedule "A-12" Part of Lots 9 and 10, Concession 2, Monck South Ward of the Town of Bracebridge, being Lots 2, 3 and 6 of RCP 550, Part 1 of Plan 35R-6860, Parts 1 and 4 of Plan 35R-9085 Scale 1: 4,000 <!-- image --> Schedule "A-13" Part of Lot 13, Concession 4, Monck South Ward of the Town of Bracebridge, Waldmere Road Scale 1: 2,000 being Parts 3 and 4 of Plan 35R-24923 <!-- image --> Schedule "A-14" Part of Block A, Concession 13, Muskoka North Ward of the Town of Bracebridge, and Parts 11,13 and 15 of Plan 35R-6964 being Lot 9 of RCP 512, Part 1 of Plan RD1030, Parts 2, 3, 4, 5, 15 and 16 of Plan BR-685, *Byewater Way Scale 1: 2,000 <!-- image --> Rago Stanley Scott Road Scale 1: 8,000 Schedule "A-15" Lot 12, Concession 27, Macaulay Ward of the Town of Bracebridge, Schedule "A-16" <!-- image --> Part of Lot 28, Concession 2, Macaulay Ward of the Town of Bracebridge, Scale 1: 8,000 <!-- image --> Court Heron Hills ant Run ® Scale 1: 8,000 Schedule "A-17" Part of Lots 4 and 5, Concession 4, Macaulay Ward of the Town of Bracebridge, being Parts 2 to 4 of Plan RD-958 and Part 1 of Plan 35R-35R-9900 <!-- image --> Schedule "A-18" Part of Lot 23 Concession 13, Draper Ward of the Town of Bracebridge, Scale 1: 1,500 being Parts 6 and 8 of Plan RD-613 <!-- image --> Scale 1: 3,000 Schedule "A-19" Part of Lot 23 Concession 12, Draper Ward of the Town of Bracebridge, being Part of Frau Lake Frau Lane Schedule "A-20" <!-- image --> Part of Lot 3, Concession 10, Draper Ward of the Town of Bracebridge, Scale 1: 4,000 being Parts 24 to 29 of Plan RD-827 <!-- image --> Schedule "A-21" being Part 1 of Plan 35R-3557 Part of Lot 24, Concession 7, Draper Ward of the Town of Bracebridge, Scale 1: 4,000 <!-- image --> Scale 1: 4,000 Schedule "A-22" Part of Lot 30, Concession 8, Draper Ward of the Town of Bracebridge, being Parts 13 to 16 and Parts 23 to 27 of Plan RD-917 -Island Way <!-- image --> Schedule "A-23" Part of Lot 30, Concession 9, Draper Ward of the Town of Bracebridge, Scale 1: 4,000 being Part 3 of Plan RD-873 <!-- image --> Scale 1: 4,000 Schedule "A-24" Part of Lot 20, Concession 12, Draper Ward of the Town of Bracebridge, being Parts 4 and 5 of Plan BR-404 and Part of Gordonier Lake Shady Lane McKay Trail Scale 1: 8,000 <!-- image --> Schedule "A-25" Sefton Island, McKay Lake, Draper Ward of the Town of Bracebridge, Schedule "A-26" <!-- image --> Part of Lot 30, Concession 12, Draper Ward of the Town of Bracebridge, Scale 1: 2,000 being Part 12 of Plan C-418 <!-- image --> Schedule "A-27" being Parts 6 and 7 of Plan 35R-20423 Part of Lot 22, Concession 2, Oakley Ward of the Town of Bracebridge, Scale 1: 2,000 <!-- image --> Schedule "A-28" being Part 1 of Plan 35R-13403 Part of Lot 19, Concession 5, Oakley Ward of the Town of Bracebridge, Scale 1: 6,000 <!-- image --> Schedule "A-29" Part of Lot 10, Concessions 8 and 9, Oakley Ward of the Town of Bracebridge, Parts 1 to 3 of Plan 35R-15534,and Part 1 of Plan 35R-16595 being Part 1 of Plan BR-481, Parts 1 to 5, 8 and Part of Part 7 of Plan 35R-8003, Little Leech Lake Scale 1: 4,000 <!-- image --> Schedule "A-30" Part of Lots 11 and 12, Concession 5, Oakley Ward of the Town of Bracebridge, Parts 3 and 4 of Plan 35R-21237, and Parts 1 and 2 of Plan 35R-25814 being Part 4 of Plan 35R-13674, Parts 1 and 2 of Plan 35R-20453, Scale 1: 8,000 <!-- image --> Schedule "A-31" Block 15 of Plan 35M-707, Macaulay Ward of the Town of Bracebridge, Stephenson Road # 1 East Scale 1: 5,000 <!-- image -->