Township of Cockburn Island Zoning By-law 2024-05

Cockburn Island, Ontario · adopted 2024-10-09

This is the exact embedded text of the captured official document. Snapshot d4cd507b1c8f · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Township of Cockburn Island Zoning By-law 2024-05 (replaces By-law #1980-06) (Cockburn Island Township is a member municipality of the Manitoulin Planning Boa (adopted by the Township Council October 9th, 2024) Table of Contents 1.0 Authorization and Administration ........................................................................................... 4 1.1 Title ............................................................................................................................. 4 1.2 Defined Area .............................................................................................................. 4 1.3 Effective Date ............................................................................................................. 4 1.4 Scope ......................................................................................................................... 4 1.5 Administration and Enforcement. ............................................................................... 4 1.6 Application and Plans ................................................................................................ 4 1.7 Conformity .................................................................................................................. 2 1.8 Licenses, Permits and Other By-laws ....................................................................... 2 1.9 Greater Restrictions ................................................................................................... 2 1.10 Inspection ................................................................................................................... 2 1.11 Violation and Penalty ................................................................................................. 2 1.12 Repetition of Offences ............................................................................................... 2 1.13 Remedies ................................................................................................................... 3 1.14 Validity ........................................................................................................................ 3 2.0 Interpretation ...................................................................................................................... ....4 2.1 General ....................................................................................................................... 4 2.2 Certain Words ............................................................................................................ 4 2.3 Interpretation of Similar Permitted Uses ................................................................... 4 2.4 Technical Revisions ................................................................................................... 4 2.5 Zones.......................................................................................................................... 5 2.6 Schedules ................................................................................................................... 5 2.7 Zone Boundaries ........................................................................................................ 5 2.8 Closings ...................................................................................................................... 6 2.9 Zoning Symbols ......................................................................................................... 6 3.0 Definitions.................................................................................................................7 4.0 General Provisions...................................................................................................27 4.1 Accessory Uses ....................................................................................................... 27 4.2 Building Repair and Reconstruction......................................................................... 29 4.3 Buildings to be Moved .............................................................................................. 29 4.4 Change of Use ......................................................................................................... 29 4.5 Corner Visibility Triangle .......................................................................................... 29 4.6 Frontage on a Public Road or Street ....................................................................... 30 4.7 Height Exceptions .................................................................................................... 30 4.8 Minimum Distance Separation ................................................................................. 31 4.9 Mobile Homes .......................................................................................................... 31 4.10 Multiple Uses on One Lot ........................................................................................ 31 4.11 Non-Conforming Uses ............................................................................................. 32 4.12 Non-Complying Uses ............................................................................................... 32 4.13 Public Uses Permitted .............................................................................................. 33 4.14 Short Term Rentals .................................................................................................. 33 4.15 Special Uses Permitted ............................................................................................... 33 4.16 Uses Prohibited ............................................................................................................ 34 4.17 Waste Disposal Zone Setbacks ................................................................................. 34 4.18 Waterfront Setbacks and Vegetative Buffer .............................................................. 34 4.19 Yard and Setback Encroachments Permitted ........................................................... 35 5.0 Hamlet (H) 5.1 Permitted Uses..............................................................................................43 5.2 Zone Provisions.............................................................................................43 5.3 Additional Zone Provisions ............................................................................................ 44 5.4 Special Exception Zones ............................................................................................... 44 6.0 Rural (R) Zone ............................................................................................................................ ..53 6.1 Permitted Uses .......................................................................................................... .53 6.2 Zone Provisions .......................................................................................................... 53 6.3 Additional Zone Provisions ......................................................................................... 54 6.4 Special Exception Zones ............................................................................................ 54 7.0 Conservation Zone ....................................................................................................................... 56 7.1 Permitted Uses...................................................................... 7.2 Zone Provisions .......................................................................................................... 56 7.3 Additional Zone Provisions ......................................................................................... 56 7.4 Special Exceptions Zones .......................................................................................... 56 8.0 Pit and Quarry (Q) Zone ............................................................................................................... 57 8.1 Permitted Uses ............................................................................................................ 57 8.2 Zone Provisions .......................................................................................................... 57 8.3 Additional Zone Provisions ......................................................................................... 57 8.4 Special Exception Zones ............................................................................................ 57 9.0 Waste Disposal (WD) Zone ............................................................................................................. 59 9.1 Permitted Uses ............................................................................................................ 59 9.2 Zone Provisions .......................................................................................................... 59 9.3 Additional Zone Provisions ......................................................................................... 59 9.4 Special Exception Zones ............................................................................................ 59 Schedules List - go to end of document SCHEDULE A1 - ZONING MAP 2024 SCHEDULE A2 - HERITAGE AND NATURAL AREAS SCHEDULE A3 - LAND USE AS OF 2018 SCHEDULE A4 - BUILDING HEIGHT DEFINITIONS SCHEDULE A5 - LOT DEFINITIONS SCHEDULE A6 - CELLAR AND BASEMENT DEFINITIONS SCHEDULE A7 - LOT DEFINITIONS 1.0 Authorization and Administration 1.1 Title This By-law shall be known as the "Zoning By-law for the Township of Cockburn Island" or By- law No. 2024-05. 1.2 Defined Area This By-law applies to all land included on Schedules A1 to A7 to this By-law within the boundaries of the Township of Cockburn Island, 1.3 This By-law shall come into effect on the day it is adopted by the municipal council of the Township of Cockburn Island subject to the appeal stipulations of the Planning Act. 1.4 Scope No building, structure or land shall be used, and no building or structure shall be hereafter erected within that portion of the Planning Area as now or henceforth legally constituted to which this By- law applies except in conformity with the stipulations of this By-law. 1.5 Administration and Enforcement This By-law shall be administered by the Township of Cockburn Island and no permit for the use of land or for the erection of any building or structure within the area to which this By-law applies, shall be issued where the proposed use, building or structure would be in violation of any provision of this By-law. 1.6 Application and Plans In addition to the requirements of this Zoning By-law, every application for a zoning conformity permit shall be accompanied by plans, drawn to an appropriate scale and based upon an actual survey and showing: 1. the true shape and dimensions of the lot to be used or upon which it is proposed to erect any building or structure; 2. the proposed location, height and dimensions of the building, structure or work in respect of which the permit is applied for; 3. the location of every building or structure already erected on or partly erected on such lot, and the location of every use, building or structure upon adjacent lots; 4. the proposed location of parking spaces, loading spaces, driveways, landscaping areas or planting strips as may be required; and 5. other such information as may be necessary to determine whether every such building, structure and work conforms to the requirements of this By-law. -2- Every such application shall be signed by the owner of the lot or the owner's agent duly authorized thereunto in writing and by the Clerk-Treasurer and such application shall set forth in detail the current and proposed use of the lot and any building or structure thereon, together with all information necessary to determine whether every such proposed use of land, building or structure conforms with the requirements of this By-law. 1.7 Conformity No land to which this By-law applies shall hereafter be used and no building or structure shall hereafter be erected or used except in accordance with the general and special stipulations of this By-law, but nothing in this By-law prevents the use of any land, building or structure for any use prohibited by this By-law if such land, building or structure was lawfully used for such purpose on the day this By-law comes into effect. 1.8 Licenses, Permits and Other By-laws Nothing in this By-law shall exempt any person from complying with requirements of any other By-law in force within the Planning Board or from obtaining any permit, license, permission, authority or approval required by this or any other By-law of the Planning Board or by any other law in force from time to time. 1.9 Greater Restrictions 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. 1.10 Inspection The authority having jurisdiction to enforce this By-law from time to time is hereby authorized, after reasonable notice to the owner or assessed owner, occupant or apparent occupant of the property in question, to enter at all reasonable hours for the purposes of inspection. 1.11 Violation and Penalty Any person who uses any land or erects or uses any building or structure in a manner contrary to any requirements of this By-law, or who causes or permits such use or erection, or who violates any stipulations of this By-law or causes or permits a violation, is guilty of an offence and upon conviction therefore, shall be liable to a fine not exceeding $5,000, exclusive of costs, which shall be recoverable under the Provincial Offences Act R.S.O., 1990 as amended. Notwithstanding the above, a Fine Fee Schedule will be established and approved by the appropriate Ministry(ies) and the Manitoulin Planning Board and will form part of this By-law. 1.12 Repetition of Offences The conviction of an offender upon a breach of any of the stipulations of this By-law, shall not prevent prosecution against the same offender upon any subsequent breach of the same or any other provision of this By-law. -3- 1.13 Remedies Where any building or structure is or is proposed to be erected, reconstructed, extended or enlarged, or any building or structure or part thereof is or is proposed to be used, or any land is or is proposed to be used, in contravention of any requirements of this By-law such contravention may be restrained by action at the instance of any ratepayer or of the Planning Board pursuant to the stipulations of the Planning Act. 1.14 Validity Should any section, or part of a section, of this By-law for any reason be held to be invalid, it is the intention that all the remaining stipulations shall remain in full force and effect. 2.0 Interpretation 2.1 General In their interpretation and application, the stipulations of this By-law shall be held to be the minimum requirement 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 person from complying with the requirements of any other By-law of the Planning Board or from any law of the Province of Ontario or of Canada. 2.2 Certain Words In this By-law, words used in the present tense include future; and the word "used" includes "arranged, designed or intended to be used"; the word "shall" is mandatory and not discretionary. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, stipulations or events connected by the conjunction "and", "or", or "either-or", the conjunction shall be interpreted as follows: 1. "and" indicates that all connected items, conditions, stipulations or events shall apply in any combination; 2. "or" indicates that the connected items, conditions, stipulations or events may apply single or in combination; and 3. "either-or" indicates that the connected items, conditions, stipulations or events shall apply single but not in combination. 2.3 Interpretation of Similar Permitted Uses Uses other than those hereinafter specifically mentioned as uses in each of the zones, may be permitted therein, provided such uses are similar to those specifically mentioned and are, in the opinion of the Manitoulin Planning Board, not more obnoxious or detrimental to the welfare of the community, than the permitted uses specifically mentioned in the respective zone. 2.4 Technical Revisions -4- Revisions may be made to this By-law without the need for a zoning By-law amendment in the following cases: 1. correction of grammar, punctuation or typographical errors, or revisions to format in a manner that does not change the intent of a provision; 2. adding or revising technical information on maps or schedules that does not affect the zoning of lands including, but not limited to, matters such as updating and correcting infrastructure information, keys, legends, or title blocks; and 3. changes to appendices, footnotes, headings, indices, marginal notes, tables of contents, illustrations, historical or reference information, page numbering, footers, and headers, which do not form a part of this By-law and are editorially inserted for convenience of reference only. 2.5 Zones For the purpose of this By-law all land within the boundaries of the Township of Cockburn Island is hereby divided and established into Zones which are shown on the attached Schedules by the accompanying symbols: Section Zone Symbol Hamlet H Rural R Conservation O Pit and Quarry Q Waste Disposal WD 2.6 Schedules Schedules A1 to A7 attached hereto, together with notations and references shown thereon, are hereby declared to form part of this By-law. 2.7 Zone Boundaries 1. The extent and boundaries of all zones are shown on the Schedules, and for such zones, the stipulations of this By-law shall respectively apply. 2. Boundaries between zones shall be determined as follows: a) Where a zone boundary is indicated as following a street or lane or highway, the boundary shall be the centre line of such street or lane or highway, and in the event of the closing of such street or lane or highway, the zone boundary shall be the former centre line of the said street or lane or highway; b) Where a street or lane or highway, electrical transmission line right-of-way or water course is included in the zoning maps, it shall be, unless otherwise indicated, be included in the zone of the adjoining property on either side thereof; c) Where an electrical transmission line right-of-way or water course is included on the zoning map and serves as a boundary between two or more different zones, the line midway on such right-of-way or water course and extending in the general direction of the long division thereof shall be considered the boundary between zones unless specifically indicated otherwise; and d) Where a zone boundary is indicated as following the limits of a geographic township, the limit shall be the zone boundary. -5- 2.8 Closings In the event a dedicated street or lane shown on Schedules A1 to A7 of this By-law is closed, the property formerly in such street or lane shall be included within the zone of the adjoining property on either side of such closed street, or lane. If a closed street or lane is the boundary between two or more different zones, the new zone boundaries shall be the former centre line of the closed street or lane. 2.9 Zoning Symbols 1. The symbols listed in Section 2.5 may be used to refer to any of the uses of land, buildings or structures permitted by this By-law (including the zoning schedules) in the said zones, and the intent of the By-law is that the associated zone regulations apply. a) Special Exception Zones Where a zone symbol is followed by a dash and a number (for example "M-1"), the lands so designated shall be subject to all the stipulations of the zone represented by such symbol, except as otherwise provided by the special exception stipulations. These special stipulations are listed separately under the appropriate special exception section of the parent zone (e.g., M) in the text of this By-law. b) Holding Zones Any zone classification may be placed in a Holding Zone by adding to the zone symbol the letter "h." No development is permitted on lands where the "h" symbol appears until the applicable conditions have been met and the "h" is lifted by an amendment to this By-law under Section 36 of the Planning Act. c) Temporary Use By-laws Temporary use By-laws may have been passed by the Planning Board to allow temporary uses pursuant to Section 39 of the Planning Act. Temporary uses are shown on the schedules as special exceptions and details concerning the temporary use are included in the special exception text within the specific zone category. 3.0 Definitions In this By-law, unless the context otherwise requires: ACCESSORY BUILDING shall mean a detached building located on the same lot as the main building, the use of which is incidental or secondary to that of the main building, and may include a guest cabin, private garage, boathouse, tool shed, storage building, or other similar uses. ACCESSORY USE shall mean a use that is normally incidental, subordinate and exclusively devoted to a principal use located on the same lot therewith. Such use may include a steam bath/sauna, or green house, for example. ALTER shall mean any alteration in a bearing wall or partition, column, beam, girder or other -6- supporting member of a building or structure or any increase in the area or volume of a building or, structure. BASEMENT shall mean that portion of a building which is located below the first storey. BUILDING shall mean any structure, whether temporary or permanent, used or built for the shelter, accommodation or enclosure of persons, animals, materials or equipment, other than a fence or wall. BUILDING, MAIN shall mean that building the nature of the use of which is determined by the Zone of the lot upon which it is authorized to be constructed or upon which it is constructed. BUILDING SETBACK shall mean the least horizontal distance permitted between a lot line of a lot and the nearest portions of any building envelope on such lot. CEMETERY shall mean land that is reserved or used for interring the dead or placing or burying the remains, or ashes of human bodies within the meaning of the Cemeteries Act of Ontario, but does not include a funeral home. A cemetery may include a structure for the cremation of human remains and may include the facilities for storing ashes of human remains that have been cremated or the interment of the dead in sealed crypts or compartments. CLUB shall mean an association of persons, whether incorporated or not, united by some common interest, meeting periodically for cooperation or conviviality. Club shall also mean, where the context requires, premises owned or occupied by members of such associations within which the activities of the club are conducted. This definition includes fraternal organizations. COMMERCIAL VEHICLE shall mean a motor vehicle having attached thereto, a truck or delivery body, and includes, but is not limited to, any vehicle on which is displayed commercial lettering or commercial license plates. COMMUNITY CENTRE shall mean any tract of land, or building or buildings or any part of any buildings used for community activities whether used for commercial purposes or not, and the control of which is vested in the local board or agent thereof. COMMUNICATIONS FACILITY shall mean an installation which transmits, receives and/or relays communications. COMPOSTING FACILITY shall mean an open windrow waste processing facility in which leaf and yard waste is processed into compost through an aerobic biological process, conducted under controlled, engineered conditions designed to produce stabilized humus. CONSERVATION USE shall mean the preservation and protection of the components of the natural environment through management and maintenance for both the individual and society's use, both in the present and in the future. CONSTRUCTION shall mean to do anything in the erection, installation or extension or material alteration or repair of a building or sign and includes the installation of a building unit or sign fabricated or moved from elsewhere. -7- CORNER VISIBILITY TRIANGLE shall mean a triangle formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them within a distance from their point of intersection. CONTRACTOR'S ESTABLISHMENT shall mean the business of a contractor or a construction company used for the storage and maintenance of equipment used by the contractor or company, and includes facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the wholesale or retail sale of building supplies or home improvement supplies. DECK shall mean a structure with no roof or walls, except guards, which is constructed on piers, a foundation or cantilevered above grade attached or accessory to a dwelling unit. DEVELOPMENT shall mean the construction, erection or placing of one or more buildings or structures on land in the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot. DWELLING shall mean a building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons. UNIT, ADDITIONAL RESIDENTIAL shall mean a separate dwelling unit which is either located in a single detached dwelling, semi-detached dwelling, rowhouse or an accessory building or structure. MODULAR HOME shall mean a single detached dwelling which has been manufactured in a factory remote from the site where it is intended to be used and transported to the site for installation on a prepared foundation and for the purpose of this By-law shall be considered as a single detached dwelling. DWELLING, SEASONAL shall mean a dwelling constructed as a secondary place of residence for seasonal vacations and recreational purposes and not as a principal place of residence of the owner or occupant thereof. DWELLING, SINGLE DETACHED shall mean a completely detached dwelling unit. DWELLING UNIT shall mean one room or a group of rooms in a building used or designed or intended to be used only as a single, independent and separate housekeeping establishment and, 1. in which food preparation and sanitary facilities are provided for the exclusive use of the residents of the dwelling unit, and 2. which has a private entrance from outside the building or from a common hallway or stairway inside the building, but 3. does not mean or include a tent, or a room or suite of rooms in a boarding or rooming house, in a hotel, motel, motor hotel, tourist establishment, bed and breakfast establishment or a guest cabin. -8- ERECT shall mean setting up, building, constructing, reconstructing and relocating and without limited the generality of the word, also includes: 1. Altering any existing building or structure by an addition, enlargement, extension, relocation or other structural change; and 2. Erect, erected and erection shall have a corresponding meaning. EXISTING shall mean existing as of the date of the final passing of this By-law. FENCE shall mean a structure which forms a barrier for enclosing, bounding, delineating or protecting land. If the elevation of the land impacts the height of the fence from one side to the other, than the average fence height taken from the base to the top of the fence on either side of the fence will be used as the fence height. Figure 1: Fence Height FINISHED GRADE shall mean the elevations of the finished surface of the ground adjacent the ground level of the wall of a building or structure. FLOOD PLAIN shall mean the horizontal area below the high-water mark of a watercourse (including a drainage canal) or lake that has been or may be covered by flood water during a regional flood or a one-in-one-hundred-year flood or as defined by the Ministry of Northern Development Mines Natural Resources and Forestry, or its successor. FLOOR AREA, DWELLING shall mean the total habitable floor area within a building which area is measured between the exterior faces of the exterior walls or from the centre line of a common or party wall, but excluding any private garage, breezeway, porch or veranda, balcony, sun room, attic, basement or cellar, except that where the natural terrain permits a walkout basement, twenty-five percent (25%) of the floor area of the walkout basement shall be considered as habitable floor area. FLOOR AREA, GROSS shall mean the aggregate of the horizontal areas of each floor whether above or below grade, measured between the exterior faces of the exterior walls of the building -9- or structure but, in the case of a dwelling unit, does not include the floor area of a garage, porch, verandah, or unfinished attic, basement or cellar. FLOOR AREA, GROUND shall mean the area of the lowest storey of a building or structure, excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls of the floor level of the side storey. FORESTRY shall mean the general raising and harvesting of wood, and without limiting the generality of the foregoing, shall include logging, the raising and cutting of fuel wood, pulp wood, Christmas trees, and other forest products; but does not include the processing of raw material into wood products or by-products GARAGE, PRIVATE shall mean an accessory building or portion of a building which is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to residential occupancy and in which there are no facilities for repairing or servicing of such vehicles for remuneration or commercial use. GUEST CABIN means a building accessory to a seasonal dwelling, without cooking facilities, that is used only for purposes of sleeping accommodation. HAZARD LANDS shall mean any land having inherent environmental hazards, such as poor drainage, organic soils, floor susceptibility, erosion, steep slopes or any other natural or manmade physical conditions which effectively create unsuitable or adverse conditions for construction or development, or conditions unsafe to the public. HEIGHT with reference to a building, height means the vertical distance between the established grade and: 1. The highest point of the roof surface or the parapet, whichever is greater of the flat roof; 2. The deck roof line or decline of a mansard roof; or 3. The main level between eaves and ridges of a gabled, hip, gambrel, or other type of pitched roof. HIGH WATER MARK shall mean the normal original water mark of any body of water as measured by an Ontario Land Surveyor unless such high-water mark has been altered by the construction of a public dam or dams, in which case the measurement shall be from the high- water mark as controlled by such dam or dams. HUNT CAMP shall mean a building used for sleeping accommodation, the preparation and serving of food, and intended for use as a base camp for hunting. The hunt camp is to be used on a temporary or seasonal basis and is not a commercial facility. LANDFILL SITE shall mean any land approved by the Province upon, into or in which waste may be deposited or processed. LANDSCAPING shall mean: 1. any combination of trees, shrubs, flowers, grass or other horticultural elements, together with decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable adjacent land use; and -10 2. does not include parking areas, patios, walkways, driveways or ramps. LANE shall mean a public or private thoroughfare that affords either a primary or a secondary means of vehicular access to abutting lots and which is not intended for general traffic circulation. LOT shall mean a parcel of land, whether such parcel is described in a registered deed or is shown on a registered plan of subdivision including any of its parts which are subject to right-of- way or easement that is capable of being legally conveyed. LOT AREA shall mean the total horizontal area within the lot lines of a lot. LOT, CORNER shall mean a lot situated at the intersection of and abutting on two (2) or more streets provided that the angle of intersection of such streets is not more than 135 degrees. LOT COVERAGE shall mean the percentage of lot area covered by the ground floor area of all buildings situated on the lot. LOT DEPTH shall mean the horizontal distance between the front and rear lot lines. Where these lot lines are not parallel, the lot depth shall be the length of a line joining the midpoints of the front and rear lot lines. LOT FRONTAGE shall mean the horizontal distance between the side lot lines measured at right angles. Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage shall be measured by a line seven and one-half (7.5) m [or 24.6 feet] back from and parallel to the chord of the lot frontage. For the purpose of this By-law the chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot lines. LOT, INTERIOR shall mean a lot situated between adjacent lots and having access to one street. LOT LINE shall mean any boundary of a lot. LOT LINE, EXTERIOR SIDE shall mean a lot line which abuts the street on a corner lot. LOT LINE, FRONT shall mean the lot line that divides the lot from the street, but: 1. in the case of a corner lot with two street lines of equal lengths, the lot line that abuts the wider street or abuts a Provincial Highway shall be deemed to be the front lot line, and in the case of both streets being under the same jurisdiction, or of the same width, the Planning Board may designate either street line as the front lot line; 2. in the case of a corner lot abutting a 0.3 metre [one foot] reserve the lot so abutting the 0.3 metre [one foot] reserve shall be deemed an exterior side lot line and the other line abutting the street shall be deemed the front lot line; 3. in the case of a through lot, the longer boundary dividing the lot from the street shall be deemed to be the front lot line and the opposite shorter boundary shall be deemed to be the rear lot line. In case each of such lot lines should be of equal length, the Planning Board may designate either -11 street line as the front lot line; 4. in the case of a lot with frontage on a navigable stream, river or lake, or marine road allowance the front lot line shall be either the line of the established high-water mark of such stream, river or lake, or the line of the inner limit of the original marine road allowance along the shore of such stream, river or lake. LOT LINE, REAR shall mean the lot line opposite the front lot line. LOT LINE, INTERIOR SIDE shall mean the lot line other than an exterior side, front, or rear lot line. LOT, THROUGH shall mean a lot bounded on two opposite sides by streets, provided however, that if any lot qualifies as being both a "lot, corner" and a "lot, through" as hereinbefore defined, such lot shall be deemed a "lot, corner" for the purpose of this MARINE ROAD ALLOWANCE shall mean an allowance around a waterbody laid out as part of an original Township survey. NON-COMPLYING shall mean an existing lot or building or buildings which does not comply with one or more of the zone stipulations or standards for the zone within which said lot or buildings are located. NON-CONFORMING shall mean a use that is not permitted in the zone in which it is located. OBNOXIOUS USE shall mean an offensive use or trade within the meaning of The Public Health Act or any use which is included herein or found to be highly offensive; a nuisance by reason of emission, or the creation of odours, gases, dirt, smoke, noise, vibration, fumes, cinders, soot, waste, or the depositing or leaving of unsightly objects or chattels on land. OPEN SPACE shall mean an unoccupied space open to the sky except such land as is used or required for parking purposes by this By-law, and may include any facility park or recreation area, owned, operated or maintained in whole or in part by any public authority for public use, and shall include neighbourhood, community, regional and special parks or areas. PARKING AREA shall mean an area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area: 1. comprises all parking spaces of at least the minimum number required according to the stipulations of this By-law, and all driveways, aisles, maneuvering areas, entrances, exits, and similar areas used for the purpose of gaining access to and egress from the said parking spaces; and 2. is provided and maintained in accordance with all applicable stipulations of this By-law. PARKING LOT shall mean a parking area forming the principal use of a lot. PARKING SPACE shall mean an area of land which is provided for the temporary parking or storage of one motor vehicle for other than the purpose of sale or display. -12 PIT shall mean a place where unconsolidated gravel, stone, sand, earth, clay, fill or other material is being or has been removed by means of an excavation to supply materials for construction, industrial or manufacturing purposes, but does not include a wayside pit. PLACE OF ASSEMBLY shall mean a building or part thereof in which facilities are provided for such purposes as meeting for civic or social purposes. PLACES OF WORSHIP shall mean a building dedicated to religious worship. PORTABLE SHELTER shall mean a prefabricated structure usually constructed with metal, wood, or plastic frame and covered with a tarpaulin or other similar type of fabric or plastic cover, used primarily for the storage of a vehicle and other items. PORTABLE STORAGE CONTAINER shall mean a reusable enclosed metal structure, manufactured to be utilized in the transporting, shipping, and storing of goods and having the original intended benefit to be transferred from one mode of transport to another without the requirement of being unloaded. This shall include intermodal shipping containers, sea containers, storage containers, transport truck trailers, and straight truck trailer boxes, but does not include any vehicle defined herein. This shall also include those containers where the original doors and/or door closures have been removed, leaving the container not fully enclosed. PRINCIPAL USE shall mean the primary purpose for which a lot, building or structure is used or intended to be used. PRIVATE ROAD shall mean a private right-of-way over private property that affords access to abutting lots and is not maintained by a public body. PUBLIC ACCESS POINT means public land designated by the Crown and developed and maintained as a public access to a water body. PUBLIC AUTHORITY shall mean Local Board, any School Board or other board or commission or committee established or exercising any power or authority under any general or special statutes of Ontario, the Province of Ontario or the Government of Canada. PUBLIC BUILDING shall mean any building or structure owned or leased by the Planning Board, Local Boards, the Province of Ontario or the Government of Canada and in which government activities are carried out. PUBLIC USE shall mean a lot, building or structure that is broadly used for public benefit. PUBLIC UTILITY shall include utilities that provide electricity, street lighting systems, natural or artificial gas works, steam, water, telephone, renewable energy generating facility, internet or telecommunication services, cable television, transportation, drainage or sewage or refuse collection and disposal services, including a communications facility, and includes any lands, buildings or equipment required for the administration or operation of any such system. QUARRY shall mean a place where consolidated rock has been or is being removed by means -13 of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit metal mine. RECREATIONAL FACILITY shall mean the use of lands, buildings or structures designed and equipped for the conduct of athletic and recreational pursuits that have a similar requirement of, or characteristic of the principal institutional use that is offered public. RENOVATION shall mean the repair and restoration of a building to good condition, but shall not include its replacement. RIGHT-OF-WAY shall mean an area of land that is legally described in a registered deed for the provision of private access to abutting lots and does not include a public road, street or highway. ROAD ALLOWANCE shall mean an allowance for a road laid out as part of the original survey of the Township that is not a marine road allowance. SENSITIVE LAND USE shall mean buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built-up environment. Examples of sensitive land uses may include residences, education or health facilities. SETBACK shall mean the distance between a lot line and the nearest wall of any building or structure and extending the full width or length of the lot. SHIPPING CONTAINER see PORTABLE STORAGE CONTAINER definition SHORT TERM RENTAL ACCOMMODATION shall mean all or part of a dwelling unit or accessory structure related to a dwelling unit, used to provide sleeping accommodations, and may or may not include cooking facilities, for any rental period that is less than 28 consecutive days in exchange for payment. This excludes bed and breakfasts, hotels, and motels. SITE PLAN shall mean a scaled drawing showing the relationship between the lot lines and the uses, buildings or structures existing or proposed on a lot, including such details as parking areas, driveways, walkways, landscaped areas, building areas, minimum yards, building heights, floor areas, densities and areas for special uses. SOLAR COLLECTOR shall mean any device or combination of devices employed in the collection of direct solar radiation for the purpose of heating or cooling a building, heating water, generating electricity or otherwise converting solar rays into usable forms of energy. SPECIAL OCCASION TENT OR STRUCTURE shall mean an outdoor venue that can accommodate a variety of special events including but not limited to concerts, festivals, fundraising activities, ceremonies and wedding receptions and provides temporary covered open space. STOREY shall mean that portion of a building between any floor and the floor, ceiling or roof above. STREET OR ROAD shall mean a public highway as defined by The Highway Traffic Act and shall exclude a lane or right-of-way or unopened road allowance, or any street which is shown on a -14 Registered Plan of Subdivision which has been deemed not to be a Registered Plan of Subdivision under Section 50(4) of The Planning Act, R.S.O. 1990, as amended. STRUCTURE shall mean anything constructed or erected with a fixed location, on the ground or attached to something having a fixed location on the ground. TEMPORARY USE shall mean the use of land or the erection or use of building or structure for a construction camp, work camp, tool shed, scaffold, or other building or structure incidental to and necessary for such construction work which has not been finished or abandoned. USE shall mean the purpose for which any land, building, structure or premises, or part thereof, is arranged, designed or intended to be used, or is or may be occupied or maintained and the word 'used' has a corresponding meaning. VEHICLE shall mean a motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, or as otherwise defined under the Motor Vehicle Amendment Act. WASTE shall mean ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse and such other materials as are designated in regulations under the Environmental Protection Act, R.S.O. 1990, as amended. WASTE DISPOSAL SITE shall mean land, buildings or structures in or upon which waste is shredded, baled, pulverized, composted, separated or otherwise treated or altered to facilitate its further transfer, processing, utilization or disposal. WATERCOURSE shall mean a natural channel for a stream and, for the purpose of this By-law, includes a natural channel for an intermittent stream and all watercourses, whether or not shown on the Schedules. WAYSIDE PIT shall mean a temporary pit opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. YARD shall mean an open, uncovered space on a lot adjacent to a main building, except a court, and unoccupied by buildings or structures except as specifically permitted elsewhere in this By- law. In determining yard measurements, the minimum horizontal distance from the respective lot lines shall be used. YARD, EXTERIOR shall mean the side yard of a corner lot which side yard extends from the front lot line and the nearest main wall of any building or structure. YARD, FRONT shall mean a yard extending across the full width of a lot between the front lot line and the nearest wall of any building or structure on the lot. YARD, INTERIOR shall mean a yard extending from the front yard to the rear yard of a lot between an interior side lot line and the nearest wall of any building or structure on the lot. YARD, REAR shall mean a yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot -15 YARD, REQUIRED shall mean that part of a yard which is located adjacent to a lot line, has the minimum yard depth required herein, and does not contain any buildings, structures, or parking areas except where specifically permitted herein. Figure 2: Illustration of Yards and Required Yards YURT shall mean a temporary shelter made of canvas, nylon or other such material, including associated, poles, pegs and ropes, that may be disassembled and easily moved, and that is not permanently affixed to the site but shall not include a recreational vehicle or any other structure otherwise defined or classified in this By-law. ZONE shall mean an area of district of land shown on the schedules of this By-law and which are subject to special restrictions. 4.0 General Provisions 4.1 Accessory Uses 1. The following stipulations shall apply to permitted accessory buildings in each respective zone: a) Accessory buildings shall not be used for human habitation except where a dwelling is a permitted accessory use. b) Where dwellings are permitted as accessory buildings, the stipulations of the "Hamlet Residential (HR)" zone shall apply. c) An accessory building shall not be erected on a lot prior to the principal building to which it is to be accessory thereto except as provided for in the Conservation Zone. d) Unless otherwise noted in the following table, the accessory structure shall have -16 the same setbacks as the principal building. Provision Required Front Yard/Exterior Side (min) Shall not be located closer to the front/exterior lot line than the principal building or structure on the same lot Rear Yard (min) 1.5 m Interior Side Yard (min) 1.5 m Lot Coverage (max) 5% Height (max) 6 m 4.1.1 Guest Cabin 1. A maximum of one (1) guest cabin is permitted per lot. 2. A guest cabin for human habitation is not permitted except where a dwelling is a permitted accessory use. 3. A guest cabin is not permitted as a loft above a garage. 4.1.2 Recreational Vehicles 1. No recreational vehicle shall be used for habitable space, i.e. sleeping and/or eating. 2. Recreational vehicles are prohibited on vacant lots. 4.1.3 Truck, Bus and Coach Bodies 1. No trucks, bus, coach or structure of any similar kind shall be used for human habitation as a bona fide dwelling unit. No recreational trailer or vehicle shall be used or occupied or be intended for use as a permanent building. 4.2 Building Repair and Reconstruction 1. Nothing in this section prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner, provided that the minimum frontage or area, or the minimum front, side or rear yards required by this section are not further reduced or its original use altered. 2. Nothing in this section prevents the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure 3. Such repair or reconstruction does not further contravene the stipulations of this By-law, because of a change in the height, size or volume, or by changing the use of such building or structure. 4.3 Buildings to be Moved In all zones, no building, residential or otherwise normally requiring a zoning conformity permit for construction shall be moved within the area covered by this By-law or shall be moved into the limits of the area covered by this By-law without a zoning conformity permit. 4.4 Change of Use A use of a lot, building or structure which, under the stipulations hereof, is not permissible within -17 the zone in which such lot, building or structure is located, shall not be changed except to a use which is permissible within such zone. 4.5 Corner Visibility Triangle On a corner lot, a fence, sign, hedge, shrub, bush or tree, or any other structure or vegetation shall not be erected or permitted to grow to a height greater than 1 m above the grade of the streets that abut the lot within the triangular area included within the street line for a distance of 6 m from their point of intersection. 4.6 Existing Undersized Lots A lot created before this By-law came into force, may be built upon, even if the lot cannot comply with the minimum frontage or area required by this By-law, provided that the lot is considered suitable for the proposed development by the Sudbury & District Public Health Authority. 4.7 Frontage on a Public Road or Street 1. No person shall construct or erect upon a lot, a building or structure for any purpose on any zone unless the front lot line of such lot abuts a public street other than a lane or private right-of-way, except: a) a seasonal dwelling may be erected on a lot where the lot abuts a right-of- way that provides access to a street, b) a seasonal dwelling unit may be erected on a lot having only water access provided there is a developed public access point. 4.8 Height Exceptions Notwithstanding the height stipulations, nothing in this By-law shall apply to prevent the erection of a chimney, water tank, windmill, radio or television tower or antenna or solar collectors, or other similar equipment. 4.9 Minimum Distance Separation 1. Notwithstanding any other yard or setback provision in this By-law to the contrary, no building housing livestock shall be erected unless it complies with the Minimum Distance Separation (MDS) Formulae as developed by the Ontario Ministry of Agriculture and Rural Affairs, as amended from time to time. 2. The following are exempt from MDS: a. approved residential development proposed by building permit on existing lots of record; and b. construction of a new residential dwelling that is replacing a dwelling destroyed in whole, or in part, by a catastrophe, provided that the new dwelling is located no closer to an existing livestock facility than prior to the catastrophe. 4.10 Mobile Homes Mobile homes as defined in this By-law are not permitted in any zone. 4.11 Multiple Uses on One Lot Notwithstanding any other stipulations of this By-law, where any land, building or structure is used for more than one permitted use, all stipulations of this By-law shall be complied with for each use, -18 except in the case of lot area, lot frontage, coverage and minimum yard requirements in which case the most restrictive or stringent requirement shall apply. 4.12 Non-Conforming Uses 1. Nothing in this By-law shall prevent the use of any land, building or structure for any purpose prohibited by this By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-law, so long as it continues to be used for that purpose. 2. Nothing in this By-law shall prevent the reconstruction, renovation, repair or strengthening to a safe condition of any building or structure or part of any such building or structure which does not comply with the stipulations of this By-law. 3. The stipulations of this By-law shall not apply to prevent the reconstruction or continued use of any building or structure that is damaged or destroyed, either by voluntary or involuntary means, provided that: a) Such restoration does not increase the height, size or volume or change the use of such building or structure. 4. This By-law is not intended to apply to prevent the erection or use for a purpose prohibited by the By-law of any building or structure the plans for which have, prior to the day of passing of the By-law, been approved, so long as the building or structure, when erected, is used and continues to be used for the purpose for which it was erected. 5. A non-conforming use of a lot, building or structure shall not be changed except to a use which is permissible within such zone, or such other uses as may be approved under Section 45 of the Planning Act, R.S.O. 1990, Chapter P. 13. 6. A non-conforming use shall be considered to be terminated once the use ceases or the property is used for a permitted use. 4.13 Non-Complying Uses 1. Where a legal non-complying building or structure is damaged, destroyed or demolished, the building or structure may be reconstructed within its original location provided that: a) The situation of non-compliance is not further increased; and b) All other stipulations of the By-law are complied with. Efforts should be made to have the rebuilding of buildings or structures comply with all applicable setbacks and yard stipulations of the applicable zones. 2. A legal non-complying building or structure may be enlarged or extended provided the situation of non-compliance is not further increased and it complies with all other stipulations of the By-law. 4.14 Public Uses Permitted 1. The stipulations of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of public utility or service by any Public Authority, or Ministry of the Government of Ontario or Canada, including the Hydro One and Ontario Power Generation, or any telephone, telegraph, broadband or cellular or gas company, provided that where such land, building or structure is located in any zone: a) no goods, material or equipment shall be stored in the open except as permitted -19 in such zone; b) the lot coverage and yard requirements described for such zones shall be complied with; c) parking and loading requirements as contained in this By-law shall be complied with. 4.15 Special Uses Permitted 1. The following uses are permitted in all Zones within the Township of Cockburn Island: a) Temporary camps used in the construction of public works but only for so long as it is necessary for such works as may be constructed adjacent to the camp and only until such time as the work is completed, or abandoned, or b) A tool shed, scaffold or other building or structure incidental to construction on the premises where it is situated and only as long as it is necessary for the work in progress and until the work is completed or abandoned. "Abandoned" in this section shall mean the failure to proceed expeditiously with the construction of a work, specifically abeyance of construction for six (6) months. 4.16 Uses Prohibited 1. No land, building or structure shall be used for such purpose as is likely to create a public nuisance or danger to health or danger from fire or explosion, except in accordance with the stipulations of or regulations under The Gasoline Handling Act. 2. No use shall be permitted which from its nature or the materials used therein is declared by the Local Board of Health to be a noxious trade, business or manufacture under The Public Health Act, R.S.O. 1970 as amended, or regulations thereunder. 4.17 Waste Disposal Zone Setbacks Residential dwellings are prohibited within 500 m of any waste disposal facility. 4.18 Waterfront Setbacks and Vegetative Buffer 1. Setbacks from Lake Huron hamlet area vs properties abutting the shoreline road around the island) - check 1980 ZB a) No person shall erect any habitable building or structure in any zone abutting Lake Huron less than 15 m measured horizontally from the 100-year flood elevation contour identified on Schedules B1 to B4 of this By-law unless: i. The building or structure is located at least 61 m from the high-water mark; and ii. The building or structure is flood-proofed to 179.6 m Canadian Geodetic Vertical Datum (CGVD1928). 2. Setbacks from Inland Lakes a) That any lot abutting a waterbody establish a 20 m setback for dwellings and septic systems from the high-water mark and must conform to the minimum setbacks for any buildings and structures. -20 3. Shoreline Vegetative Buffer a) The marine shore road allowance around all waterbodies extends 20 m from the shoreline. No site alteration or vegetation clearance is permitted in the marine shore road allowance. b) The marine shore road allowance, and the required front yard setback is to remain vegetated, and will be considered the shoreline vegetative buffer. c) Within the front yard setback on private property a maximum of 25% of the shoreline vegetative buffer, to a maximum width of 15 m, may be cleared. d) Restoration of the natural vegetation and shoreline characteristics may be required as a condition of development or redevelopment. 5.0 Hamlet (H) 5.1 Permitted Uses Residential Seasonal Dwelling Detached Dwelling Institutional Cemetery Place of Worship Community Centre Place of Assembly 5.2 Zone Stipulations -21 6.0 Rural (R) Zone 6.1 Permitted Uses Agricultural Uses Agricultural-Related Uses Conservation uses Hunt Camp Seasonal Dwellings Single Detached Dwellings Wayside Pit or Quarry 6.2 Zone Stipulations Use Stipulations Required Agricultural, Agricultural- related, Lot Area (min) 40 ha Lot Frontage (min) 134 m Distance of any building or structure form any lot line (min) 15 m Lot Coverage (max) 5% Ground Floor Area for a dwelling (min) 55 sqm Conservation Use, Home Industries, Home Occupations, Hunt Camp, Park, Playground, Public Use, Seasonal Dwelling, Single Detached Dwelling, Specialized Farm Use, Wayside Pit and Quarry Lot Area (min) 1,858 sqm for seasonal dwellings, single detached dwellings, home industries, and home occupation uses. 10 ha for all other uses Lot Frontage (min) 30 m Front Yard (min) 15 m Rear Yard (min) 7.5 m Interior Side Yard (min) 3 m Exterior Side Yard (min) 15 m Lot Coverage (max) 15% Building Height (max) 9 m 6.3 Additional Zone Stipulations The following stipulations apply to a wayside pit or quarry: a) The edge of excavation shall maintain a minimum 61 m setback from any lot line of the adjoining property and public road. b) Where two pits are located on abutting properties the pits may be excavated to the abutting property line. Where a lot used for a rural use abuts a lot on which the principal use is a residential use no building or structure on the rural use lot shall be located within 30 m of the residential use. Where a commercial fishing operation is carried out on a rural lot, buildings and structures related -22 to such operation may be erected up to that portion of any lot line that abuts water. 6.4 Special Exception Zone 7.0 Conservation Zone (O) 7.1 Permitted Uses Agriculture, Conservation and Forestry Uses excluding buildings and structures Flood Control and Erosion Protection Uses Outdoor Recreational Uses Recreational Trail Wildlife and/or Fish Management 7.2 Zone Stipulations Use Provision Required Principal uses, buildings and structures Lot Area (min) 1.2 ha Lot Frontage (min) 46 m Distance of any building or structure from any lot line (min) 15 m Lot Coverage (max) 20% Accessory buildings or structures to an agricultural use Lot Area (min) 10 ha Lot Frontage (min) 150 m Distance of any building or structure from any lot line (min) 15 m Lot Coverage (max) 5% 7.3 Special Exceptions Zones EXCEPTION: In the Conservation Zone a non-residential building may be constructed for the purpose of supporting conservation works including an equipment storage shed, small office or such other accessory building as may reasonably be required. 8.0 Pit and Quarry (Q) Zone 8.1 Permitted Uses Aggregate Storage Areas Buildings and Structures Accessory to a Pit and Quarry operation Pit Quarry Stone Crushing or Screening Plant 8.2 Zone Stipulations Provision Required -23 Front Yard (min) 30 m Rear Yard (min) 30 m Side Yard (min) 30 m Building Height (max) 20 m 8.3 Additional Zone Stipulations Notwithstanding any other provision of this Section, a temporary mobile work camp consisting of mobile homes or other structures designed to be made mobile may be located and used on a lot in the Pit and Quarry Zone as a use accessory to pit or quarry operation or to a permitted use provided in Section 16.1. No use permitted by Section 16.1 shall be carried on within: a) 65 m of any residential use on another lot; and b) 50 meters of any street. No person shall make or establish a pit or quarry within: a) 65 meters of any residential use on another lot; and b) 50 meters of any street. 8.4 Special Exception Zones Reserved 9.0 Waste Disposal (WD) Zone 9.1 Permitted Uses Landfill Site Disposal Site 9.2 Zone Stipulations Provision Required Lot Frontage (min) 50 m Distance of any buildings and structures from any lot line (min) 30 m Lot Coverage of all buildings and structures (max) 5% Building Height (max) 10.5 m 9.3 Additional Zone Stipulations No waste disposal site shall be located: c) Within 400 m of a dwelling unit; d) Within 185 m of a street; e) On land covered by water or in any area subject to flooding; or f) Within 30 m of any watercourse, lake or pond. 9.4 Special Exception Zones -24 Reserved. This By-law shall take effect upon the date it receives third and final reading. READ a first time this ______________ day of _______________, 2024 READ a second time this ____________ day of _______________, 2024 READ a third and final time and adopted this 9th day of October, 2024 _______________________________ ____________________________ Mayor - Brenda Jones Clerk-Treasurer - Brent St. Denis SCHEDULE A1 - ZONING MAP 2024 -25 -26 SCHEDULE A2 - HERITAGE AND NATURAL AREAS -27 SCHEDULE A3 - LAND USE AS OF 2018 -28 SCHEDULE A4 - BUILDING HEIGHT DEFINITIONS SCHEDULE A5 - LOT DEFINITIONS SCHEDULE A6 - CELLAR AND BASEMENT DEFINITIONS SCHEDULE A7 - LOT DEFINITIONS