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TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW
2004-180
Being a by-law to regulate land use and development
on lands within the "Waterfront" designation of the
Township of Lake of Bays
Consolidation
November 18, 2010
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
TABLE OF CONTENTS
EXPLANATORY NOTE
SECTION 1 - INTRODUCTION
1-1
Title ...........................................................................................................
1-1
Scope ........................................................................................................
1-1
SECTION 2 - ADMINISTRATION
2-1
Interpretation .............................................................................................
2-1
Conformity and Compliance with By-law ....................................................
2-1
Zoning By-law ............................................................................................
2-1
Change in Use ...........................................................................................
2-1
Obligation ..................................................................................................
2-1
Inspection ..................................................................................................
2-1
Unlawful Uses ...........................................................................................
2-1
Enforcement ..............................................................................................
2-2
Effective Date ............................................................................................
2-2
Interpretation of By-law ..............................................................................
2-2
Repeal of Former By-laws .........................................................................
2-2
Schedules to By-law ...................................................................................
2-2
Notes and Appendices ...............................................................................
2-2
Development Permit Requirements ...........................................................
2-2
Exemption from Development Permit Requirements .................................
2-3
Issuance of Development Permits .............................................................
2-4
Referrals to Council ...................................................................................
2-6
Provisional Approvals ................................................................................
2-6
Amendments to Provisional Approvals or Development Permits ................
2-6
Temporary Uses ........................................................................................
2-6
Discretionary Uses ....................................................................................
2-6
Variations ..................................................................................................
2-6
Notice of Decision .....................................................................................
2.7
SECTION 3 - DEFINITIONS
3-1
SECTION 4 - GENERAL PROVISIONS
4-1
ACCESS ...................................................................................................
4-1
ACCESSORY USES, BUILDINGS AND STRUCTURES ...........................
4-1
Permitted Uses ..............................................................................
4-1
Sequence of Development .............................................................
4-1
Requirements ................................................................................
4-1
Sleeping Cabins .............................................................................
4-2
Garages and Storage Sheds ..........................................................
4-2
Height Exceptions ..........................................................................
4-2
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Yards and Setbacks Exceptions .....................................................
4-3
AGGREGATES .........................................................................................
4-3
DWELLINGS .............................................................................................
4-3
Dwelling unit size ............................................................................
4-3
Maximum Number ..........................................................................
4-3
EXISTING LOTS .......................................................................................
4-3
FLOOD PRONE LANDS ............................................................................
4-4
HOME BASED BUSINESS ........................................................................
4-5
LANDS NOT IDENTIFIED WITHIN A DEVELOPMENT PERMIT AREA ....
4-6
LANDS UNDER WATER ...........................................................................
4-6
LIGHTING ..................................................................................................
4-7
MULTIPLE DEVELOPMENT PERMIT AREAS ON A LOT ........................
4-7
NON COMPLYING BUILDINGS AND STRUCTURES ..............................
4-7
NON CONFORMING USES ......................................................................
4-8
NOXIOUS USES .......................................................................................
4-8
PARKING ..................................................................................................
4-9
PUBLIC USE .............................................................................................
4-12
Development Permit Area Provisions .............................................
4-12
Development Permit Areas Where Permitted .................................
4-12
Provisions in Residential Development Permit Areas ......................
4-12
Streets and Installations .................................................................
4-12
SHORELINE ACTIVITY AREAS ................................................................
4-12
Accessory Buildings and Structures ...............................................
4-13
Boathouses ....................................................................................
4-13
Extent and Location .......................................................................
4-13
Shoreline Buffer ............................................................................. 4-15
SIGHT TRIANGLES ..................................................................................
4-15
TEMPORARY USES .................................................................................
4-16
Construction ...................................................................................
4-16
Garden Suites and Secondary Suites ............................................
4-16
Recreational Trailers ......................................................................
4-16
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
VEGETATION REMOVAL AND SITE ALTERATION .................................
4-17
WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS .........................
4-19
WATERCOURSE SETBACKS ..................................................................
4-19
YARDS ......................................................................................................
4-19
SECTION 5 - DEVELOPMENT PERMIT AREA PROVISIONS
5-1
5.1 WATERFRONT RESIDENTIAL DEVELOPMENT PERMIT AREA ......
5-1
Permitted Uses ..............................................................................
5-1
Discretionary Uses .........................................................................
5-1
Provisions for all Residential Lots ..................................................
5-2
Provisions for Shoreline Residential Cluster Development .............
5-7
5.2 WATERFRONT COMMERCIAL DEVELOPMENT PERMIT AREAS ..
5-9
Waterfront Resort Commercial Development Permit Area .................
5-10
Permitted Uses ..............................................................................
5-10
Discretionary Uses .........................................................................
5-10
Provisions ......................................................................................
5-11
Waterfront Resort Commercial Backlot Development Permit Areas ...
5-12
Permitted Uses ..............................................................................
5-12
Discretionary Uses .........................................................................
5-12
Provisions ......................................................................................
5-13
Waterfront Resort Commercial Open Space Development Permit Area 5-14
Permitted Uses ..............................................................................
5-14
Discretionary Uses .........................................................................
5-14
Provisions ......................................................................................
5-15
Waterfront Service Commercial Development Permit Area ................
5-16
Permitted Uses ..............................................................................
5-16
Discretionary Uses .........................................................................
5-16
Provisions ......................................................................................
5-16
Waterfront Service Commercial Backlot Development Permit Area ....
5-17
Permitted Uses ..............................................................................
5-17
Discretionary Uses .........................................................................
5-17
Provisions ......................................................................................
5-17
5.3 WATERFRONT ENVIRONMENTAL PROTECTION
DEVELOPMENT PERMIT AREAS .....................................................
5-18
Permitted Uses ..............................................................................
5-18
Discretionary Uses .........................................................................
5-18
Provision for Environmental Protection Development Permit Area ..
5-19
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5.4 WATERFRONT OPEN SPACE DEVELOPMENT PERMIT AREA ......
5-20
Permitted Uses ..............................................................................
5-20
Discretionary Uses .........................................................................
5-20
Provisions for the Open Space Development Permit Area .............
5-21
SECTION 6 - CONDITIONS
6-1
SECTION 7 - EXCEPTIONS
7-1
SCHEDULE A - Development Permit Areas (Maps)
SCHEDULE B - Exceptions (Maps and Sketches)
SCHEDULE C - Criteria for Variations from Standards
SCHEDULE D - Criteria for Discretionary Uses
SCHEDULE E - Lake Classification by Phosphorus Sensitivity
APPENDIX 1 - Lake Categories
APPENDIX 2 - Over Threshold Lakes for Recreational Water Quality
APPENDIX 3 - Shoreline Activity Area Calculation Chart
APPENDIX 4 - Shoreline Activity Areas
APPENDIX 5 - Residential Provisions
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
EXPLANATORY NOTE
This explanatory note does not comprise a formal part of this by-law, and is
provided for information only.
ABOUT THE DEVELOPMENT PERMIT SYSTEM
The development Permit System is a new planning tool in Ontario that replaces the
zoning, minor variance and site plan control processes. It requires a Development Permit
By-law to clearly identify development rules and requirements, it facilitates flexibility and
permits the regulation of site alteration and vegetation removal. Council decided to
proceed with the design of a Development Permit System in Lake of Bays Township in
order to better implement the policies of the Official Plan, including the protection of our
shorelines, and to streamline the planning process.
Provincial regulation currently limits the use of the Development Permit System to the
waterfront areas of the Township. As a result, the rural areas and communities in the
Township are subject to the Comprehensive Zoning By-law.
HOW DOES THE DEVELOPMENT PERMIT BY-LAW DIFFER FROM A ZONING BY-
LAW?
This Development Permit By-law is similar to traditional zoning by-laws in that it includes
both general provisions which apply across the entire area to which the By-law applies, as
well as specific provisions for each Development Permit Area (zone).
This by-law differs from a zoning by-law because it permits discretionary uses, ie. those
uses which are permitted provided that certain conditions are met, in addition to permitted
uses. It also allows variations from the standards, such as setback or lot coverage
requirements, provided that the identified criteria are addressed.
The Development Permit By-law also regulates removal of vegetation and alteration of the
landscape (grading, blasting, filling, etc.).
The Development Permit System allows Council to delegate approval authority, as it
deems appropriate, to staff. Approvals that are delegated to staff are identified throughout
this By-law. For these minor variations, notice to neighbours is not required and the
process will be streamlined. Where the need for a Council approval is identified, notice to
neighbours of a public meeting will be given. Appeals to the Ontario Municipal Board of a
Council decision may only be made by an applicant, not third parties.
Lastly, this by-law may be amended by the same process by which a zoning by-law is
amended.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
1 - 1
1. INTRODUCTION
Title
1.1
This By-law shall be referred to as the "Township of Lake of Bays Development Permit
By-law" and applies to all lands identified on the attached Schedules.
Scope
1.2
This By-law applies to lands falling within the Waterfront designation of the Township of
Lake of Bays, as set forth in the Official plan.
The development permit system is a new planning system in Ontario and is designed to
combine and replace the zoning, site plan and minor variance processes into one
streamlined process.
In order to avoid cross referencing to the Official Plan, key Official Plan policies and
criteria for certain types of development are summarized in this by-law. However,
interpretation of these policies will be based on the wording in the Official Plan itself,
along with the context and accompanying background contained within the Official Plan.
The following guiding principles are taken from Section H.20 of the Official Plan and
form the basis for the provisions in this by-law:
-
the natural waterfront will prevail with built form blending into the landscape
and shoreline;
-
natural shorelines will be retained or restored;
-
disturbance on lots will be limited and minimized;
-
vegetation will be substantially maintained on skylines, ridge lines or adjacent
to the top of rock cliffs;
-
native species will be used for buffers or where vegetation is being restored;
-
rock faces, steep slopes, vistas and panoramas will be preserved to the
extent feasible; and
-
building envelopes and the associated activity area will be defined and the
remainder of the property shall remain generally in its natural state.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
2-1
2. ADMINISTRATION
Interpretation
2.1
The provisions of this By-law are minimum requirements except where a maximum
requirement is specifically identified.
Conformity and Compliance with By-law
2.2
No land, building or structure may be used, erected, or altered and no vegetation shall be
removed except in accordance with the provisions of this By-law.
2.3
Despite the provisions of Section 2.2 and Section 2.15, where a use, building or structure
has been authorized by a by-law passed or a minor variance granted after January 1, 2004,
the use, building or structure and all other specific requirements imposed by the by-law or
minor variance continue to be permitted and imposed by this by-law. Where there is a
conflict between the provisions of this by-law and the specific provisions so passed or
granted, the specific provisions passed or granted prevail.
2.4
All buildings or structures constructed prior to November 26, 1996 which do not meet all of
the applicable standards of this By-law are deemed to be non-complying, and the provisions
of Sections 4.37 to 4.41 apply to them.
Zoning By-law
2.5
Where a lot falls within the scopes of both this By-law and the Township of Lake of Bays
Zoning By-law, each part of the lot is governed by the applicable By-law.
Change in Use
2.6
If the use of a property is altered or changed to a different use, which is permitted within the
particular Development Permit Area, all relevant provisions of the By-law for that use apply
to the new use.
Obligation
2.7
Nothing in this By-law shall relieve any person from the obligation to comply with the
requirements of the Ontario Building Code Act, and any other by-laws of the Township of
Lake of Bays and the District of Muskoka, and provincial and federal legislation.
Inspection
2.8
The person or persons having jurisdiction to enforce this By-law are hereby authorized, after
giving notice to the owner or assessed owner, occupant or apparent occupant of the
property in question, to enter the property for the purpose of inspection, and for carrying out
their duties under this By-law.
Unlawful Uses
2.9
Any use established in violation of a predecessor of this By-law is deemed to have been
established unlawfully.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
2-2
Enforcement
2.10
Any person who contravenes any provision of this By-law is guilty of an offence and upon
conviction is liable to the penalties as provided for under the Planning Act.
Effective Date
2.11
This By-law shall come into force in accordance with Section 6 of the Development Permit
Regulation (Ontario Regulation 246/01, as amended).
Interpretation of By-law
2.12
For the purposes of this By-law, the word "shall" within this By-law indicates a mandatory
requirement. Unless the context requires otherwise, the word "used" shall also mean
"designed to be used", the word "occupied" shall also mean "designed to be occupied".
2.13
This By-law makes reference to the Township of Lake of Bays Official plan, and should be
read and interpreted in conjunction with the Official plan.
2.14
Conversion of metric numbers into imperial is provided for general reference only. Where a
discrepancy occurs between the metric number and the approximate imperial conversion,
the metric number shall take precedence.
Repeal of Former By-laws
2.15
On the day that this By-law comes into force, By-laws 72-10 and 86-50 of the Township of
Lake of Bays, and all amendments and variances thereto are repealed in so far as they
apply to lands affected by this By-law.
Schedules to By-law
2.16
The following Schedules, which are attached hereto, form part of this By-law:
a) Schedule A - Development Permit Areas (Maps)
b) Schedule B - Exceptions (Maps and Sketches)
c) Schedule C - Criteria for Variations from Standards
d) Schedule D - Criteria for Discretionary Uses
2.17
Roads shown on Schedules A and B are included for information only and are not intended
to confirm legal status or exact location.
Notes and Appendices
2.18
Appendices and notes provided within boxes in italicized text do not form part of this by-law,
but are provided for information purposes.
Bold and Italicized Text
2.19
Terms for which definitions are provided are shown in italicized and bold text for information
purposes.
Development Permit Requirements
2.20
Except as set forth in Section 2.21, all development within the area identified on the
schedules to which this by-law applies shall require a development permit. For the purposes
of this by-law, development means:
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
2-3
a) the construction, erection or placing of one or more buildings or structures on land, or the
making of an addition or alteration to a building or structure that has the effect of
substantially increasing its size or usability,
b) the laying out and establishment of a commercial parking lot or of sites for the location of
three or more trailers or of sites for the location of three or more mobile homes as defined in
the Planning Act or of sites for the construction, erection or location of three or more land
lease community homes as defined in the Planning Act;
c) site alteration, including but not limited to the alteration of the grade of land, blasting and
the placing or dumping of fill, in accordance with Section 4.84 or;
d) the removal of vegetation in accordance with Section 4.84.
Exemption from Development Permit Requirements
2.21
The following classes of development shall not require a Development Permit:
a) a new single detached dwelling or accessory structure, an expansion or enlargement of a
single detached dwelling or an accessory structure provided that:
i)
in the case of a lot that contains a dwelling as of the date of the passing of this by-
law, no development is proposed within the required shoreline yard setback,
including the shoreline activity area;
ii)
in the case of a lot that does not already contain a dwelling as of the date of the
passing of this by-law, no development is proposed within the required shoreline
yard setback, including the shoreline activity area, and the shoreline activity area and
shoreline buffer provisions are complied with;
iii)
the lot on which development is proposed is not on an island;
iv)
development is not within 30 m (98.4 ft.) of a coldwater stream, as shown on
Schedule A, attached hereto, by the symbol "CWS";
v)
the development is not on or immediately adjacent to slopes in excess of 30% or
unstable soils.;
It is intended that residential development which complies with the standards in the by-law, which
is not located on or adjacent to a sensitive feature, which does not involve extensive clearing,
and which does not involve development within the shoreline yard, would generally not require a
development permit.
These slopes are generally shown on Schedule D1 of the Official Plan, or may
be identified by the Township through a site inspection.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
2-4
vi)
the proposed development is not within 120 metres (393.7 ft.) of a provincially
significant wetland or 30 metres (98.4 ft.) of any other wetland, as shown on
Schedule A of this By-law as "Waterfront Environmental Protection (WEP)".
vii)
the proposed development is not within a heritage area, as shown on Schedule A of
this by-law;
viii)
the proposed development is not located on flood prone lands, as defined by Section
4 herein;
ix)
the proposed use is a permitted use within the applicable Development Permit Area,
as identified in Sections 4 and 5 of this By-law; and
x)
the development complies with the standards of the applicable Development Permit
Area, as identified in Sections 4 and 5 of this By-law, and does not require a
variation.
b) Any development for which a site plan agreement has been entered into pursuant to the
Township's Site Plan Control By-law.
c) Site alteration provided that it is located outside of the areas identified as requiring a
Development Permit in Section 4.84.
d) Removal of vegetation, provided that it is located outside of the areas identified as requiring
a Development Permit in Section 4.84.
e) Removal of a maximum of 10% of the woody vegetation within the shoreline yard, measured
by the number of stems that have reached a height of 4 feet or more, where an "Intent to
Remove Shoreline Vegetation" has been submitted to the Township, and may only occur
once per lot after this by-law comes into effect.
f) Repairs and maintenance of any existing buildings or structures.
Issuance of Development Permits
Under the development permit system, approvals may be delegated to staff. The delegation to
staff as outlined in this by-law is intended to ensure that minor, straight-forward applications,
with little potential to affect neighbours, but which require minor variations from standards, could
be approved by staff in order to streamline the planning process. Staff would still be accountable
to Council, and Council would be aware of staff decisions. Council could withdraw this
delegation at any time. In addition, an applicant may refer an application for a staff approved
development permit to Council for their review.
Two types of approvals are identified in the following chart - provisional approvals and
development permits. Provisional approvals are approvals in principle, subject to receiving
additional information. In this way, an applicant can be assured that a development permit is
available, before spending additional money on a study or additional plan, for example.
Conditions which may be imposed as part of a provisional approval are set out in Section 6
(Conditions) of this by-law. A development permit could then be issued once a satisfactory study
or plan is submitted. It is anticipated that most applications will not require these two levels of
approval, requiring only a development permit.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
2-5
2.22
Council hereby delegates to staff, the authority to issue provisional approvals and
development permits, in accordance with the following chart:
CATEGORY
OF DEVELOP-
MENT
PERMIT
TYPE OF DEVELOPMENT
RESPONSIBILITY
FOR PROVISIONAL
APPROVALS
NOTICE REQUIRED
PRIOR TO
PROVISIONAL
APPROVAL
ISSUANCE
OF
DEVELOP-
MENT
PERMIT
No development permit required
Staff decision
N/A
Staff
1
Development Permit required
where the proposal conforms to
permitted uses and standards, but
is not specifically exempt from the
requirement to obtain a
Development Permit, as detailed in
Section 2.20
Development Permit required
where the proposed use is
permitted, but which requires a
Staff Variation to one or more
standards
Development Permit required for a
discretionary use in a Residential
Development Permit Area
Development permit required for
vegetation removal or site
alteration or shoreline activity area
blanket permits.
Extension of a provisional approval
or extension of a Development
Permit
Amendment to a provisional
approval or an amendment to a
Development Permit
Staff
No notice required
Staff
2
Development Permit required
where the proposed use is
permitted, but which requires a
Council Variation to one or more
standards
Development Permit required for a
discretionary use in all
Development Permit Areas, except
Residential
Development Permit required for a
temporary use
Council
Notice to all property
owners within 120 m
Staff
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
2-6
Referrals to Council
2.23
Any person may refer an application to Council prior to the issuance of a Development
Permit.
Provisional Approvals Prior to the Issuance of a Development Permit
2.24
A provisional approval may be given, prior to the issuance of a development permit, subject
to such conditions as are identified in Section 6.
2.25
Where a provisional approval of a development permit is given, the applicant has a
maximum of two years from the date of the provisional approval within which to obtain the
development permit, failing which the provisional approval will lapse.
Amendments to Provisional Approvals or Development Permits
2.26
At the request of the applicant, and where considered appropriate by the Township,
amendments to a provisional approval or amendments to a development permit may be
made at any time in accordance with the chart in Section 2.21.
Temporary Uses
2.27
A development permit may permit a use or structure for a specified temporary period of time
as set out in the development permit, subject to such renewal provisions as may be set out
in the development permit.
Discretionary Uses
2.28
A discretionary use as specifically identified in this by-law may be permitted subject to the
applicable criteria, as summarized in Schedule D of this by-law and further detailed in the
Official plan for such use.
Variations
2.29
Variations to the standards in this by-law may be permitted, where identified, and when
requested by the applicant, provided that a development permit is obtained, in accordance
with the following procedures:
a) Staff Variations require that, when staff are satisfied that the variation(s) requested do
not conflict with the criteria for staff variations, as summarized in Schedule C of this by-
law and further detailed in the Official plan, a Development Permit be issued subject to
any other applicable provisions of this By-law.
b) Council Variations may be granted for up to 100% from the stated standard and
require that, when Council is satisfied that the variation(s) requested do not conflict with
the criteria for Council Variations, as summarized in Schedule C of this by-law and
further detailed in the Official plan, a Development Permit be issued subject to any other
applicable provisions of this By-law.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
2-7
c) Despite subsections (a) and (b) above, if in the opinion of the Township, the Official plan
and Development Permit By-law criteria for Staff and Council Variations are not met, the
application may be denied or an application to amend this by-law may be required.
2.30
Should an application include the requirement for both Staff and Council approved
Development Permits, the entire application shall require a Council approved Development
Permit.
Notice of Decision
2.31
A Development Permit, where issued is the notice of decision and shall be given to the
applicant.
2.32
Where a Development Permit is not issued, a notice of refusal to issue a Development
Permit shall be given to the applicant.
2.33
Notice referred to in Sections 2.30 and 2.31 above, shall be given in person, in which case it
is deemed to be received on the date of personal delivery, or by prepaid ordinary mail, in
which case it is deemed to be received five business days after the date of mailing.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
3-1
3. DEFINITIONS
ABUTTING
Means two or more parcels of land sharing a common boundary of at least one point.
ACCESSORY
Means a use of land, building or structure that is subordinate, incidental and exclusively
devoted to the principal use, building or structure and is usually located on the same lot.
ACCOMMODATION UNIT
Means a room or a suite of rooms within a tourist establishment, institutional tourist
establishment or a Bed and Breakfast Establishment designed to provide accommodation,
which does not include a kitchen. An accommodation unit is not a dwelling unit.
ALTER
Means:
a) in the case of a lot, a change in use, whether such alteration is made by transfer of any
portion of the lot, or otherwise, or a decrease or increase in the dimensions or area of
any required yard, setback, buffer or parking area; or
b) in the case of a building, structure or part thereof, a change in the external dimensions,
or a change from one type of use to another, or a change in location; or
c) in the case of a lot, changes to existing grades by more than 0.3 metre (1 foot) and over
an area exceeding 10 sq. m. (108) square feet.
ART GALLERY
Means the use of land, buildings or structures for the commercial exhibition or retail sale of
paintings, sculptures or other works of art or hand-made crafts.
ARTISAN'S STUDIO
Means the use of land, buildings or structures for the creation, finishing, refinishing or similar
production of paintings, sculptures or other works of arts or hand-made crafts by the
proprietor, together with the sale of such commodities, but does not include any use
otherwise defined in this by-law.
BACK LOT
Means a lot that is physically separated from the shoreline by a legally conveyable parcel of
patented land that has development potential. Back lots are usually located in a linear
fashion along a road which is generally parallel to the shoreline, but back lots may also be
located on a road which runs perpendicular to the shore.
BED AND BREAKFAST ESTABLISHMENT
Means the use of a detached dwelling used as a primary residence or accessory sleeping
cabin for short-term or transient accommodation of the traveling or vacationing public in
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
3-2
which a maximum of 3 bedrooms are used for this purpose. A Bed and Breakfast
Establishment may include the provision of meals and use of common areas to those
persons residing temporarily therein, but does not include a group home, boarding house,
restaurant, tavern, or tourist establishment.
BED AND BREAKFAST ESTABLISHMENT, COMMERCIAL
Means a tourist establishment designed for the traveling or vacationing public by furnishing
short-term or transient accommodation in a detached dwelling used as a primary residence,
or accessory sleeping cabin, which has a minimum of 4 and a maximum of 10 bedrooms for
this purpose. A commercial bed and breakfast establishment may provide meals and use of
common areas to those persons residing temporarily at the establishment, but does not
include a restaurant or tavern.
BOARDING HOUSE
Means a dwelling in which the owner or operator supplies lodging in at least 4, but not more
than 10 bedrooms for hire or gain, and which may include the provision of meals or the use
of common areas, but does not include any entity otherwise defined in this By-law.
BOAT OR RECREATIONAL VEHICLE ESTABLISHMENT
Means the use of land, buildings or structures for the display, sale, repair, storage or hire of
boats, recreational vehicles, snowmobiles or all terrain vehicles, and may include the sale of
fuel or goods related to the running of such boats or vehicles.
BOATHOUSE
Means an accessory building used for the purpose of berthing or sheltering and storing
boats and related equipment that is enclosed by more than one wall and is built, founded or
anchored near or at the ordinary water's edge of a navigable waterway either over water or
on the land.
BOATPORT
Means an accessory building used for the purpose of berthing or sheltering and storing
boats that is roofed, but not enclosed by more than one wall and is built, founded or
anchored near or at the ordinary water's edge of a navigable waterway.
BUFFER
Means a portion of a lot where vegetation is substantially maintained in its natural state or
vegetation is planted, or a fence or barrier is erected for the purpose of obscuring or
screening buildings, structures, parking or activity on a lot.
BUFFER, SHORELINE
Means a natural area, adjacent to a shoreline, maintained in its natural predevelopment
state for the purpose of protecting natural habitat and minimizing the visual impact of
buildings and structures on a lot.
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BUILDING
Means any enclosed structure used or intended to be used for shelter or the occupation of
persons, animals, chattels, goods, materials or equipment, other than a fence or wall.
BUILDING, PRINCIPAL
Means a building in which the principal use is conducted. Any structure, such as a deck or
garage attached to the principal building, is considered part of such building and is subject
to the regulations applicable to the principal building.
CAMPSITE
Means an area of land within a tourist camping establishment or an institutional tourist
establishment that is designed to accommodate the short-term placement of tents or a
recreational vehicle. A campsite does not mean an area of land used to accommodate a
park model trailer, a mobile home or structures such as porches, decks or sheds, but may
include a tent platform.
CEMETERY
Means land, buildings or structures used or intended to be used for interring the dead or
placing or burying the remains or ashes of human bodies. A cemetery does not mean a
funeral home.
CLUB
Means the use of land, buildings or structures by a non-profit, non-commercial organization,
which carries on social, cultural, athletic or recreational activities, but does not include a gun
club, an archery club, or any use otherwise defined in this by-law.
CLUSTER DEVELOPMENT
Means a group of single detached dwellings, each located on an individual lot or unit, which
are set back from the shoreline, with the shoreline frontage being maintained as communal
open space.
COLDWATER STREAM
Means a stream identified by the Ministry of Natural Resources as a Coldwater stream, as
shown on Schedule A by the symbol "CWS".
CONSERVATION
Means the use of land for the protection of the natural environment through maintenance or
comprehensive management for individual or public use or benefit.
CONTRACTOR'S ESTABLISHMENT
Means the use of land, buildings or structures where mechanical, electrical, structural,
plumbing or general contractors administer their businesses and may include office space
and outdoor storage of heavy equipment and building materials. A contractor's
establishment does not include the wholesale or retail sale of building, construction or home
improvement goods, merchandise, equipment and supplies.
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CONVENIENCE STORE
Means a retail store that serves the day-to-day, immediate shopping needs of a consumer.
CUSTOM WORKSHOP
Means the use of a building or part of a building for the production or finishing of custom or
hand-made commodities in small quantities. Without limiting the generality of the foregoing,
a custom workshop includes upholstering, or refinishing of antiques or furniture, but does
not include any use otherwise defined in this by-law.
DECK
Means a structure with no roof or walls, except for railings, which is constructed on piers, a
foundation or cantilevered above grade for use as an outdoor living space. Any portion of a
dock structure that extends onto the land above the ordinary water's edge is a deck.
DEER WINTERING AREA
Means a deer wintering area as shown on Schedule C1 of the Official plan.
DEVELOPMENT
Means:
a) the construction, erection or placing of one or more buildings or structures on land, or the
making of an addition or alteration to a building or structure that has the effect of
substantially increasing its size or usability,
b) the laying out and establishment of a commercial parking lot or of sites for the location of
three or more trailers or of sites for the location of three or more mobile homes as defined in
the Planning Act or of sites for the construction, erection or location of three or more land
lease community homes as defined in the Planning Act;
c) site alteration, including but not limited to the alteration of the grade of land, blasting and
the placing or dumping of fill;
d) the removal of vegetation.
For the purposes of this definition, "substantially" means increasing the exterior dimensions
of a building or structure, but does not include maintenance, repairs, exact replacement or
interior renovations.
DISTRICT OF MUSKOKA
Means the corporation of the District Municipality of Muskoka.
DOCK
Means a structure built, founded or anchored near or at the ordinary water's edge extending
over the water at which boats may be berthed or secured.
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DWELLING
Means a residential building designed for occupancy by one or more persons, containing no
more than one dwelling unit as its principal use, and does not include a tourist
establishment, a mobile home with or without a foundation, sleeping cabin, motor home,
vehicle or a trailer.
DWELLING, DETACHED
Means a separate residential building containing only one dwelling unit.
DWELLING UNIT
Means a suite of habitable rooms located within a building and operated as a household
unit, used or intended to be used exclusively as a domicile by one or more persons that
contains cooking, dining, living, sleeping and sanitary facilities exclusively for the use of the
occupants. A dwelling unit is not an accommodation unit or a housekeeping unit.
EDUCATIONAL INSTITUTION
Means the use of land, buildings or structures as a training centre or a public school,
separate school, secondary school, private school, university, or community college
authorized by the Province of Ontario.
EXISTING
Means legally existing, being a reality or an actuality as of the date of passage of this By-
law.
EXISTING LOT
Means a lot that existed as of the date of the passing of this by-law.
FLOOR AREA
Means the total floor area of a storey contained within the exterior faces of the exterior walls
of a building, including the space occupied by interior walls and partitions, including covered
decks, but not including exits, vertical service spaces and their enclosing assemblies, and
uncovered decks.
FLOOR AREA, GROSS
Means the total floor area of all storeys.
FOOTPRINT
Means the floor area of a building or structure, measured at grade on a horizontal plane, to
the outside edge of walls, or posts in the case of an unenclosed structure, and includes the
furthest extent of a deck or a dock.
FORESTRY OPERATION
Means the growing and harvesting of wood for profit or gain, which without limiting the
generality of the foregoing, includes fuel wood, pulp wood, lumber, Christmas trees and
other forest products, but does not include secondary processing or manufacturing of such
products.
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FRONTAGE, ROAD
Means the horizontal straight-line distance determined as follows:
a) where a lot abuts a road, the distance between the side lot lines measured along a line
that is parallel to the road at a distance equal to the minimum front yard setback; or
b) in the case of a back lot where a lot abuts a road or roads in more than one location the
distance measured along the front lot line where it abuts the road, or
c) in the case of a shoreline lot where a lot abuts a road or roads in more than one location,
the distance measured along the rear lot line where it abuts the road;
d) where there are no side lot lines, such as in the case of a peninsula, the greatest
distance between any point on the front lot line and any point on the rear lot line.
FRONTAGE, WATER
Means the horizontal straight-line distance determined as follows:
a) where the lot abuts a shoreline or a closed shore road allowance, is the shoreline or is
within a navigable waterway, the distance measured along the shortest line joining the
point where one side lot line or a projection thereof intersects the shoreline and the
opposite side lot line or a projection thereof; or
b) where the lot abuts a shore road allowance that has not been closed, is the distance
along the shortest line joining the points where the side lot lines intersect the inner limit
of the shore road allowance; or
c) where there are no side lot lines, such as in the case of a peninsula, the greatest
distance between any point on the shoreline, or in the case where the shore road
allowance has not been closed, the inner limit of the shore road allowance and any point
on the rear lot line, or
d) where there are no side or rear lot lines, such as in the case of an island, the greatest
horizontal straight-line distance measured between any two points on the shoreline, or in
the case where the shore road allowance has not been closed, the inner limit of the
shore road allowance.
GARDEN CENTRE
Means the use of land, buildings or structures for the growing, display and retail sale of
trees, shrubs and plants. A garden centre may include the display and sale of landscaping,
lawn and garden equipment, furnishings and supplies.
GAZEBO
Means an accessory freestanding roofed structure with open or screened walls enclosing a
single area used for the purpose of relaxation.
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GOLF COURSE
Means a public or private area operated for the purpose of playing golf and, without limiting
the generality of the foregoing, may include a par 3 golf course, driving range, and
accessory clubhouse and recreational facilities, but does not include a miniature golf course.
GOLF DRIVING RANGE
Means an open-air recreation facility where golf is practiced from individual tees and which
may include accessory structures for the management and operation of the range, and a
miniature golf course, but not a golf course.
GRADE, FINISHED
Means the lowest of the average levels of finished ground adjoining each exterior wall of a
building except that localized depressions such as for vehicle or pedestrian entrances would
not be considered in the determination of average levels of finished ground.
GRADE, ORIGINAL
Means the lowest of the average levels of original grade, as existed as of March 16, 2010,
adjoining each exterior wall of a building, except that localized depressions such as for
vehicle or pedestrian entrances would not be considered in the determination of original
grade.
GROUP HOME, RESIDENTIAL
Means a detached dwelling used for the accommodation of 3 to a maximum of 10 residents,
other than staff or the receiving family, who by reason of their emotional, mental, social or
physical condition, or legal status require a group living arrangement and responsible
supervision for their well being, but does not include an institutional group home. A group
home is licensed or funded under Federal or Provincial Statute.
GROUP HOME, INSTITUTIONAL
Means a detached dwelling for the accommodation of 3 to a maximum of 10 residents, other
than staff or the receiving family, operated primarily for individuals who are ex-offenders, on
probation, on parole, admitted for correctional purposes or recovering from substance abuse
and require responsible supervision. An institutional group home is licensed or funded under
Federal or Provincial Statute.
HABITABLE
Means designed for living, sleeping, eating or food preparation by humans.
HEIGHT
Means the vertical distance measured from the average elevation of the finished grade or
original grade, whichever grade is lower adjacent to a building or structure, or for a structure
partially or entirely on or over the water, from the elevation of the ordinary water's edge, to:
a) the highest point of the surface of a flat roof or of the surface of a structure, but
excluding any railing;
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b) half the distance between the top of the highest load-bearing wall and the roof ridge of
any sloped roof excluding dormers less than 2.4 metres (8 feet) in width up to a
maximum of 25% of the total roof line; or
c) 75% of the height of the roof ridge of an A-framed structure.
HOME-BASED BUSINESS
Means a gainful occupation conducted in a detached dwelling or accessory building, which
is secondary and accessory to the use of the dwelling as a private residence.
HOUSEKEEPING UNIT
Means a room or a suite of rooms within a tourist establishment that is designed to provide
accommodation and is equipped with a kitchen. A housekeeping unit is not a dwelling unit.
HUMAN HABITATION
Means use of a building or structure for living, sleeping, eating or for food preparation
purposes.
HUNT CAMP
Means a base camp for recreational activities such as hunting, which provides seasonal or
temporary accommodation in a remote location where municipal or community services are
usually not available. A hunt camp does not include a dwelling or a commercial use.
INDIVIDUAL ACCESS POINT
Means the use of land as a docking and parking facility, which serves as a mainland access
point for 3 or fewer residential properties that are only accessible by water.
INSTITUTIONAL TOURIST ESTABLISHMENT
Means the use of land, buildings or structures for an establishment operated by a private
organization that provides recreational, educational, health, or spiritual programs; sleeping
accommodation on a temporary and reserved basis, and centralized facilities associated
with such accommodation or programs, or for the provision of administration or dining. An
institutional tourist establishment may include accessory buildings, structures or facilities
incidental to the principal use, such as common washrooms, recreational facilities, a
convenience store. An institutional tourist establishment does not include a dwelling unit
other than an accessory dwelling for the owner or operator or staff quarters, and does not
include a use otherwise defined by this by-law.
INTERPRETIVE CENTRE
Means the use of land for the conservation and study of the natural environment, and may
include a limited number of accessory buildings and structures.
KENNEL
Means an establishment for the raising, keeping, boarding, breeding, and care of five or
more domestic pets housed in a building, structure or pen outside of a dwelling, but does not
include the keeping of animals in a veterinary establishment for the purpose of observation
or recovery necessary to veterinary treatment.
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KITCHEN
Means a building, area, room or part of a room that is used for the storage, preparation or
cooking of food or is intended for the installation of cooking equipment or appliances.
LANDING
Means an area at the top of a flight of stairs or between flights of stairs, which does not
exceed the width of the associated stairs by more than 1 ½ times, or a maximum width of
2.5 m, whichever is less.
LEACHING BED
Means a leaching bed as defined in the Ontario Building Code, 1997.
LOT
Means :
a) a parcel of land:
i) the whole of which can be legally conveyed without approval pursuant to the
Planning Act; and
ii) no part of which can be transferred without such an approval; and
iii) which is not described in a registered condominium description; or
b) two or more parcels of land which are:
i) deemed to be one lot by this by-law; or
ii) required to be transferred together by an agreement made pursuant to the Planning
Act; or
c) a parcel of land described as a whole registered description by the Condominium Act,
except for:
i)
a vacant land condominium, in which a unit is considered to be a lot, or
iii) in the case of a resort commercial establishment that includes associated
accommodation units within one or more condominium descriptions that share
central management and resort amenities on one contiguous area of land, the entire
land area of the resort commercial establishment is deemed to be one lot for the
purpose of this by-law.
LOT AREA
Means the total horizontal area within the lot lines of a lot located above the ordinary water's
edge.
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LOT COVERAGE
Means the area of all buildings and structures, including those buildings or structures
appertaining to the lot or extending out into the water or adjacent lands divided by the lot
area of the lot, measured as a percentage. Lot coverage excludes canopies, retaining walls,
fences, septic systems and overhanging eaves. Lot coverage is measured on a horizontal
plane to the outside edge of walls, the posts of an unenclosed structure, or the furthest
extent of a deck. (See also SHORELINE ACTIVITY AREA COVERAGE.)
LOT LINE
Means any boundary of a lot or vertical projection thereof.
LOT LINE, FRONT
Means in the case of a lot that does not abut a shoreline:
a) abuts only one road, the lot line that abuts the road;
b) abuts two roads, or parts of the same road, the longer of the lot lines abutting the roads;
c) is bounded on two opposite sides by roads, the lot line abutting the road from which
access is primarily gained;
LOT LINE, REAR
Means the farthest lot line opposite to the front lot line or the shoreline, or in the case of a
triangular lot, is that point formed by the intersection of the side lot lines. Where a principal
use exists on a shoreline lot that does not front on a public road, the lot line abutting a
private road shall be deemed to be the rear lot line.
LOT LINE, SIDE
Means a lot line other than a front lot line, a shoreline, the inner limit of a shore road
allowance that has not been closed, or a rear lot line.
MARINA
Means the use of land, buildings or structures located on or abutting a navigable waterway
for the docking and servicing of vessels, where vessels and other recreational vehicles are
stored, repaired, or kept for sale or hire and may include the sale of fuel and goods related
to the running of vessels, or a convenience store.
MINIATURE GOLF COURSE
Means the use of land for the purpose of simulating the game of golf on a small scale for
profit or gain, and may include accessory buildings or structures, but does not include a golf
course or a driving range.
MOBILE HOME
Means any residential structure that is designed to be mobile and is constructed or
manufactured to provide a permanent residence, but does not include a recreational trailer.
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MOTEL
Means a tourist establishment with accommodation units that have independent entrances
from the outside. A motel may include central facilities such as an office, a restaurant, or
recreational facilities, but does not include a use otherwise defined by this by-law.
MOTOR VEHICLE
Means any vehicle propelled or driven by anything other than muscular power and without
limiting the generality of the foregoing includes an automobile, truck, motorcycle or
recreational vehicle such as a snowmobile or all terrain vehicle, but does not include railway
cars or other motor vehicles that run on rails.
NARROW WATERBODY
Means a navigable waterway where:
a) the distance from shore to shore is 150 metres (500 feet) or less;
b) in the case of a bay, the length of the bay will also be greater than 100 metres;
c) the mouth of an enclosed bay where the majority of the bay is less than 300 metres
(1000 feet) from shore to shore.
The Big East, Muskoka and Oxtongue Rivers are also considered to be narrow waterbodies.
NATURAL HERITAGE AREA
Means an area, site or feature that exhibits biological, geological, hydrological, landform or
cultural attributes that are significant on a local, regional, provincial or national scale, as
identified on Schedule A attached hereto and Schedule C1 of the Official plan.
NAVIGABLE WATERWAY
Means any body of water that is capable of affording reasonable passage of watercraft of
any description for the purpose of transportation, recreation or commerce and includes any
river, stream or lake considered navigable by law.
NON COMPLYING
Means land, buildings or structures that do not satisfy one or more standards of this by-law.
NON-CONFORMING
Means use of land, buildings or structures that are not permitted by this by-law.
NURSERY
Means the use of land, buildings or structures for the growing of plants, shrubs, trees or
similar vegetation and may include the selling of such vegetation on the premises.
OFFICE
Means the use of a building or part of a building for the practice of a profession or carrying
on of business. An office may include clerical, administrative, consulting, advisory, or
training services, but does not include a health care clinic or any use otherwise defined in
this by-law.
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OFFICE, PUBLIC ADMINISTRATION
Means the use of a building for the business and administration of a public authority.
OFFICIAL PLAN
Means the Township of Lake of Bays Official plan.
OPEN SPACE
Means lands that are generally open and free of buildings or structures, used for passive
parkland or recreation, and may include recreational, educational or interpretive facilities or
trails.
OPERATOR
Means the person or organization, in occupation or having charge, management or control
of a land use, premises, facility or occupation.
ORDINARY WATER'S EDGE
Means:
a) where water levels are not managed by an MNR control structure, the ordinary interface
between land and water identified by a mark made by the action of water under natural
conditions on the shore or bank of a water way, which action has been so common and
usual that it has created a difference between the character of the vegetation or soil on
one side of the mark and the character of the vegetation and soil on the other side of the
mark, or;
b) where water levels are managed by an MNR control structure, the location at which the
horizontal plane of the regulated summer water level intersects with the land. For the
purposes of this By-law, the elevation of the regulated summer water level (GSC) is:
i)
Lake of Bays - 315.22 metres
ii)
Camp Lake - 412.60 metres
iii)
Peninsula Lake - 283.77 metres
iv)
Tasso Lake - 399.40 metres
OUTFITTER
Means a business dedicated to the provision of supplies and equipment to facilitate outdoor
adventure and recreation.
OUTDOOR DISPLAY OR SALES AREA
Means the use of a defined area of land outside a building or structure for the display or sale
of goods, wares, merchandise, substances or articles used in conjunction with the business
located within the building or structure.
OWNER
Means the person or organization who owns the land in or on which a land use is located
and who may be responsible for the establishment or operation of that land use.
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PARK
Means the use of land primarily for open space, and which may include passive or active
recreation, and is generally characterized by its natural, historic, landscape or recreational
features or activities, but excludes a mobile home park or a trailer park, or any other use
otherwise defined in this by-law.
PARK, COMMERCIAL
Means a park that is operated for commercial gain, other than a public park.
PARK, PRIVATE
Means a park that is not owned by a public authority.
PARK, PUBLIC
Means a park that is owned or controlled by a public authority.
PARK MODEL TRAILER
Means a type of recreational vehicle that is built on a single chassis mounted on wheels
designed to facilitate occasional relocation, but which is not intended to be towed on a
regular basis, and is so designated in the Ontario Building Code.
PARKING AREA
Means the use of an area of land, building or structure for the parking of motor vehicles
associated with a principal use on the same lot. A parking area may include related aisles,
parking spaces, and ingress and egress lanes, but does not include any part of a road.
PARKING LOT
Means any parking area that is not accessory to a principal use on the same or an
associated lot.
PARKING SPACE
Means a portion of a parking area used for the purpose of parking one motor vehicle,
exclusive of any aisles, ingress and egress lanes, or pedestrian walkways. A parking space
may be unenclosed, or it may be enclosed in a principal building or an accessory building.
PERSONAL SERVICE ESTABLISHMENT
Means the use of a building, or part of a building, for a service that administers to the
individual and personal needs of patrons such as beauty or grooming.
PIT
Means a place where unconsolidated gravel, stone, sand, earth, peat, clay, fill, mineral or
other material is being or has been or is zoned to be removed by means of an open
excavation to supply material for construction, industrial, manufacturing, or other purposes,
and may include primary processing such as washing, screening or crushing, or storage of
the material excavated.
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PRINCIPAL USE
See "USE, PRINCIPAL".
PRINCIPAL BUILDING
See "BUILDING, PRINCIPAL".
PRIVATE HOME DAYCARE
Means the temporary care of 5 children or less who are under 12 years of age where such
care is provided for compensation in a private residence, other than the home of a parent or
guardian of such children, for a continuous period not exceeding 24 hours.
PROVINCIALLY SIGNIFICANT WETLAND
Means wetlands that have been identified by the Province as provincially significant, as
shown on Schedule C1 of the Official plan.
PUBLIC AUTHORITY
Means:
a) the Township, District of Muskoka, Government of Ontario, Government of Canada, or
any board, authority, or commission of them;
b) any entity providing police, ambulance or fire service on behalf of the authorities listed in
clause a);
c) any utility company providing telephone, electrical or natural gas services;
d) any railway company authorized under the Railway Act of Canada; or
e) any corporation providing services to the public that has an operating budget entirely
funded by one or more entities listed in clause a).
PUBLIC USE
Means the use of a lot, building, structure or facility by a public authority, for the purpose of
providing its services to the public, or carrying out its public mandate.
QUARRY
Means a place where consolidated rock has been or is being or is zoned to be removed by
means of an open excavation to supply material for construction, industrial, manufacturing
or other purposes, and may include primary processing such as washing, screening,
crushing, or storage of the material excavated.
RECREATIONAL FACILITIES
Means the use of land, buildings, structures for passive or active recreation in conjunction
with a principal use and without limiting the generality of the foregoing includes an ice rink, a
curling rink, a swimming pool, a playground, or a racquet court.
RECREATIONAL TRAILER
Means a structure designed to provide temporary living accommodation for travel, vacation
or recreational use and to be driven, towed or transported and without limiting the generality
of the foregoing includes folding camping trailers, travel trailers and motorhomes.
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RECREATIONAL VEHICLE
Means a motor vehicle used generally for recreation purposes such as a snowmobile, off-
road vehicle or a golf cart, but does not include an automobile, truck, motorcycle, trailer or
other vehicles otherwise defined in this by-law.
RESORT
Means a toruist establishment operated under one management with accommodation units
or housekeeping units and central facilities such as an office, restaurant, tavern, place of
assembly or entertainment, convenience store, docks, boatports, boathouses, or
recreational facilities.
RESTAURANT
Means the use of a building or structure or part of a building for the preparation and sale of
food and beverages for immediate consumption within or outside of the building or structure
and may include ancillary home delivery, catering or take out services.
RETAIL STORE
Means the use of a building for the retail sale or rental of goods, wares, merchandise,
substances or articles. A retail store does not include a use otherwise defined by this by-law.
REVEGETATION
Means the planting or planting and regeneration of native vegetation in order to restore a
shoreline buffer.
RIDING OR BOARDING STABLE
Means the use of land, buildings or structures for the raising, lodging or care of horses and
may include an educational centre for the training or handling of horses.
ROAD
Means an improved public highway for vehicular traffic, which is maintained by and under
the jurisdiction of a public authority.
ROAD, SEASONAL
Means a road that is maintained seasonally.
ROAD, YEAR-ROUND
Means a road that is maintained year-round.
ROAD ALLOWANCE
Means a public highway, the surface of which is not improved for use by vehicular traffic and
is not maintained by a public authority.
ROAD, PRIVATE
Means a path or way, which affords vehicular access to more than one lot and is not owned
by a public authority.
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SATELLITE DISH
Means a structure used or intended to be used to receive broadcast signals from satellites.
SERVICE OR REPAIR ESTABLISHMENT
Means the use of a building for the servicing or repairing of articles, goods or materials, and
include sales accessory to the principal use. A service or repair shop does not include the
manufacture of articles, goods or materials or include a use otherwise defined by this by-
law.
SETBACK
Means the least horizontal distance measured from a lot line or shoreline to the nearest
point of the outside edge of walls or posts of a building or structure, including any attached
or directly adjacent deck, or the nearest open storage on the lot.
SEWAGE
Means the wastewater and matter from domestic, commercial or industrial uses.
SEWAGE FACILITY
Means use of land, buildings or structures owned by or operated for a public authority for the
storage, treatment and disposal of sewage, and includes a sewage treatment plants,
sanitary sewage disposal sites, waste stabilization ponds, and sewage lagoons.
SHED
Means a detached accessory building used solely for storage.
SHORE ROAD ALLOWANCE
Means a 20.1 metre wide allowance originally reserved by the Crown along the shore of a
navigable waterway, but does not include an allowance that has become a road or has been
closed and conveyed.
SHORELINE
Means the ordinary water's edge.
SHORELINE ACTIVITY AREA
Means the area located on both sides of the ordinary water's edge of a navigable waterway
where accessory shoreline structures and human activity, including access to the water,
may be located. The shoreline activity area is comprised of either one or two generally
square or rectangular areas where the total cumulative frontage does not exceed the length
of the permitted shoreline activity area frontage. The side lines are parallel lines extending
on land to 20 metres with these lines being projected for a maximum straight line distance of
20 metres over the water.
SHORELINE ACTIVITY AREA COVERAGE
Means the footprint of all buildings or structures, excluding the following: stairs, landings,
legal non-complying dwellings and sleeping cabins; located within the shoreline activity
area, expressed as a percentage of an area determined by multiplying the maximum
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permitted shoreline activity area frontage by 20. The product of such calculation is
expressed in square metres. Shoreline activity area coverage is measured on a horizontal
plane to the outside edge of walls, the posts of an unenclosed structure, or the furthest
extent of a deck or dock.
SHORELINE ACTIVITY AREA FRONTAGE
Means the length of shoreline of a lot that may be used for a shoreline activity area or areas.
The shoreline activity area frontage is expressed as a percentage of the water frontage or a
stated maximum length, and is measured as the cumulative length of a series of straight
lines, each of which is a minimum of 1 metre in length, approximating the ordinary water's
edge.
SITE ALTERATION
Means a change to the existing topography by more than 0.3 metre (1 foot), and over an
area exceeding 100 square feet, and includes excavation, blasting, filling and grading.
SLEEPING CABIN
Means an accessory residential building not attached to a principal dwelling for the
accommodation of persons, which does not contain a kitchen.
STEEP SLOPE
Means a slope of more than 30%.
STOREY
Means the portion of a building over 1.2 metres (4 feet) in height measured between any
floor level and the closer of the first ceiling or roof above it.
SOLID WASTE
Means ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse and
such other wastes as are regulated under Provincial Statute, but not including sewage.
STORAGE ESTABLISHMENT
Means the use of land, buildings or structures for the primary purpose of storing of chattels
such as boats or heavy equipment. A storage establishment may include accessory
structures for the management and operation of the establishment, but does not include the
overnight accommodation of humans or any use otherwise defined in this by-law.
STORAGE, OUTDOOR
Means the use of an area of land outside of a building or structure intended for the storage
of equipment, chattels, goods or materials integral to a principal use on a regular basis for a
time period greater than 72 hours.
STREET
Means road.
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STRAIGHT LINE PROJECTION
Means the straight-line extension or projection of a lot line.
STRUCTURE
Means anything constructed or erected, the use of which requires location on or in the
ground.
SUITE, GARDEN
Means a one-unit detached dwelling designed to be portable that is smaller than and
ancillary to a principal detached dwelling and which is to be used on a temporary basis as
an alternative living arrangement for individuals that require some support from the
occupants of the principal dwelling.
SUITE, SECONDARY
Means a dwelling unit located within and ancillary to a principal detached dwelling and which
is to be used on a temporary basis as an alternative living arrangement for individuals that
require some support from the occupants of the principal dwelling.
TAVERN
Means the use of a building or part of a building for the sale and serving of alcoholic
beverage and may include entertainment or the serving of food.
TOURIST CAMPING ESTABLISHMENT
Means the use of land, buildings or structures for commercial camping on a short-term basis
where campsites are rented to and used by the traveling public. A tourist camping
establishment may include accessory buildings, structures or facilities incidental to the
principal use, such as common washrooms, recreational facilities, a convenience store, or
an accessory dwelling unit for the owner or operator. A tourist camping establishment does
not include the use of a campsite as a dwelling, off season storage of tents or recreational
vehicles on campsites, or a use otherwise defined by this by-law.
TOURIST ESTABLISHMENT
Means the use of land, buildings or structures for the provision of commercial roofed
accommodation where accommodation units or housekeeping units are offered for rent on a
short term or transient basis to the public who is traveling, vacationing, engaged in leisure or
recreation, or participating in conventions or meetings. A tourist establishment may include
accessory uses, services, equipment or facilities, including a restaurant, normally incidental
to such accommodation. A tourist establishment does not include a dwelling unit except for
a dwelling unit for the owner or operator, or staff quarters that are accessory to the principal
use.
TOWNSHIP
Means the corporation of the Township of Lake of Bays.
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USE
Means:
a) the purpose for which land, buildings or structures may be arranged, designed,
designated, intended, maintained or occupied; and
b) the occupation, business, activity, or operation carried on, or intended to be carried on
the land or in a building or structure for which it is arranged, designed, designated,
intended, maintained or occupied.
USE, PRINCIPAL
Means the predominant purpose for which any land, building or structure, or part thereof is
used, designed, arranged, occupied or maintained.
VEGETATION
Means healthy, woody vegetation, which measures at least 4 feet in height.
VEGETATION REMOVAL
Means the removal of healthy, woody vegetation of at least 4 feet in height, but does not
include trimming, pruning and removal of such woody vegetation if it presents a hazard to
life or property.
WATERCOURSE
Means the natural channel for a perennial or intermittent body of water, including a river or
stream, with well defined banks and a bed.
WATERFRONT LANDING
Means the use of land as a docking and parking facility, which serves as a mainland access
point for a commercial property or 4 or more residential properties that are accessible by
water, but which does not include vessel or vehicle sales or rental or service, or the sale of
fuel.
WETLAND
Means land that is seasonally or permanently covered by shallow water, as well as land
where the water table is close to or at the surface, and where the presence of abundant
water has caused the formation of hydric soils and favours the dominance of either
hydrophytic plants or water tolerant plants. Wetlands include swamps, marshes, bogs and
fens, and are generally identified on Schedule C1 of the Official plan, or by site inspection.
The wetlands that have already been identified are generally included in the "Waterfront
Environmental Protection (WEP) " Development Permit Area on Schedule "A" to this By-law.
WILDLIFE CENTRE
Means the use of land, buildings or structures for the keeping, raising, or providing care of or
the alleviation of disease or injury to wild animals for the purpose of public education,
conservation or recreation and may include facilities for the visiting public and for
administration.
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YARD
Means that part of a lot which is open, uncovered and unoccupied between a lot line or the
shoreline and a building or structure, other than accessory buildings, structures or uses
which are specifically permitted by this by-law within a yard.
YARD, FRONT
In the case of a lot which does not abut a shoreline, means a yard extending across the full
width of the lot situated between the front lot line and a line parallel thereto and passing
through the nearest point of the outside edge of a principal building or structure, including
any attached or directly adjacent deck, or the nearest outdoor storage on the lot.
YARD, REAR
Means a yard extending across the full width of the lot situated between the rear lot line and
a line parallel thereto and passing through the nearest point of the outside edge of a building
or structure, including any attached or directly adjacent deck, or the nearest open storage on
the lot.
YARD, SHORELINE
Means a yard extending across the full width of the lot situated between the shoreline and a
line parallel thereto and passing through the nearest point of the outside edge of walls or
posts of a building or structure, including any attached or directly adjacent deck, or the
nearest open storage on the lot.
YARD, SIDE
Means a yard extending the full depth of the lot situated between the side lot line and a line
parallel thereto and passing through the nearest point of a building or structure, including
any attached or directly adjacent deck, or the nearest open storage on the lot.
YARD, EXTERIOR SIDE
Means a side yard immediately adjoining a road or road allowance.
YARD, INTERIOR SIDE
Means a side yard other than an exterior side yard.
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4. GENERAL PROVISIONS
ACCESS
4.1
Subject to the other provisions of this by-law, development shall be permitted on a lot
that abuts a shoreline or an original shore road allowance which has road frontage on a
year round maintained public road, a seasonally maintained public road, a private road
with a legal right of way, or water access.
ACCESSORY USES, BUILDINGS AND STRUCTURES
Permitted Uses
4.2
Permitted uses, buildings and structures identified in this By-law shall include accessory
uses, buildings or structures, but shall not include the following except as is specifically
permitted in this by-law:
a) any occupation for gain or profit conducted within or accessory to a dwelling unit or
on such lot associated therewith; or
b) the use of any accessory building or structure for human habitation.
Sequence of Development
4.3
Except as is specifically permitted in this by-law, no accessory use, building or structure
shall be erected on any lot until the principal use has been established or the principal
building or structure has been erected, with the exception of a shed that is not more than
10 square metres (107.6 sq. ft.) in floor area, a dock and accessory stairs and
associated landings located within the required shoreline yard setback.
Requirements
4.4
Except for shoreline structures and as is otherwise specifically permitted in this by-law,
an accessory building or structure that is not part of a principal building or structure shall
not be erected closer to a shoreline, front lot line or an exterior side lot line than the
principal building on the lot.
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Sleeping Cabins
4.5
The maximum gross floor area of a sleeping cabin shall not exceed 54 square metres
(581 sq. ft.).
4.6
A sleeping cabin may be located over a garage, provided that a height of 7 m (23 ft.) is
not exceeded and the total second floor area of the garage is no greater than 54 square
metres (581 sq. ft.). Any variation from this floor area standard shall require a Council
Variation.
4.7
A sleeping cabin shall not be permitted above a boathouse.
4.8
A maximum of one sleeping cabin per lot shall be permitted.
4.9
Where an application is made to join two or more sleeping cabins or a sleeping cabin
and a dwelling, or a combination thereof together, the result shall be considered as two
or more buildings for the purpose of this by-law unless the new construction or
constituent buildings being moved share at least one common interior wall with the
existing building.
Garages and Storage Sheds
4.10
Despite any yard or setback requirements to the contrary, within a residential
Development Permit Area a detached, one storey garage or storage shed not exceeding
4.2 metres in height shall be located a minimum of 2.5 metres (8.2 ft.) from an interior
side lot line.
4.11
A detached two-storey garage may be permitted within a residential Development Permit
Area, provided that the total floor area of the second storey is a maximum of 54 square
metres (581.3 sq. ft.) and that the maximum height of the garage shall not exceed 7
metres (23 ft.). Any variation from this floor area standard shall require a Council
Variation.
Height Exceptions
4.12
The height provisions of this by-law shall not apply to prevent the use, erection or
alteration of the following accessory buildings or structures provided the principal use is
permitted within the Development Permit Area and all other provisions of the
Development Permit Area are complied with:
a belfry,
a church spire,
a clock tower,
a flag pole,
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a non-commercial communication or radio or television antenna or tower,
an ornamental roof structure that contains no floor area and is less than 2.3 square
metres (25 sq. ft.) in area,
a water tank, or
a windmill.
Yards and Setbacks Exceptions
4.13
Despite the yard and setback provisions of this by-law to the contrary, awnings, clothes
poles, flag poles, garden trellises, retaining walls which are less than 1 metre (3.3 ft.) in
height, fences, signs that comply with a sign by-law or regulation of a public authority, or
similar structures are permitted within any yard setback.
4.14
Despite the yard and setback provisions of this by-law to the contrary, an unenclosed fire
escape, or a roof overhang may project into any yard setback by a maximum distance of
1 metre (3.3 ft.).
AGGREGATES
4.15
All legally existing pits and quarries are hereby recognized as they existed as of the date
of the passing of this by-law. Any expansion to such pits and quarries shall require an
amendment to this by-law.
DWELLINGS
Dwelling unit size
4.16
The minimum floor area of any dwelling unit is 60 square metres (645.9 sq. ft.).
Maximum Number
4.17
Except as is specifically permitted in this by-law, no more than one dwelling unit is
permitted on a lot.
EXISTING LOTS
4.18
Where additional land is added to an existing lot which complies with this by-law, (such
as through the closure of a shore road allowance or lot addition), the new lot
configuration is deemed to conform to the By-law.
It may be useful to refer back to the chart in Section 2.21 when reading the following
sections of this by-law.
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4.19
Where there is a developed existing lot that does not meet the minimum lot area or
frontage requirements for a new lot, construction of additions or accessory structures
shall be permitted provided that the proposal complies with all other provisions of the By-
law.
4.20
Where there is an existing vacant shoreline lot that does not meet the minimum lot area
or frontage requirements for a new lot, the lot may be developed provided that there is a
minimum of 1350 square metres (14531.8 sq. ft.) of lot area and 30 metres (98.4 ft.) of
water frontage, and provided that the proposal complies with all other provisions of the
By-law.
4.21
Where there is an existing vacant back lot that does not meet the minimum lot area or
frontage requirements, the lot may be developed by way of a Category 1 Staff
Development Permit provided that there is a minimum of 0.8 hectares (2 acres) of lot
area and 60 metres (197 ft.) of frontage on a year round publicly maintained public road,
and provided that the proposal complies with all other provisions of the By-law.
4.22
Where this by-law identifies parcels of land that are to be considered as one lot for
planning purposes, any development on those parcels shall require the issuance of a
Category 1 Staff approved Development Permit for a permitted use, unless a Variation is
required or a discretionary use is proposed, in which case Category 1 or 2 Development
Permits for these circumstances shall be required.
4.23
Where a land acquisition by any public authority results in a change to the configuration
of a lot that conforms to the By-law, such that it does not comply with the applicable
Development Permit Area lot area and frontage provisions, such lot is deemed to be an
existing lot, as defined herein.
FLOOD PRONE LANDS
4.24
A Category 1 Development Permit shall be required for any development within flood
prone lands.
4.25
The suffix "-F" after a Development Permit Area in Schedule "A" delineates known flood
prone lands.
4.26
Despite Sections 4.24 and 4.25 above, all lands located below the following elevations
are also recognized as being located within flood prone lands:
i)
317.18 metres (1040.6 ft.) GSC adjacent to Lake of Bays
ii)
286.46 metres (939.8 ft.) GSC adjacent to Peninsula Lake
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4.27
No new habitable building shall be located below the flood elevations referenced in
Sections 4.25 4.26 above.
4.28
Despite Section 4.27, new habitable buildings may be permitted between 285.29 metres
and 286.46 metres (GSC) on Peninsula Lake and between 315.84 metres and 317.18
metres on Lake of Bays, provided that a technical report confirms that the structure is
located outside any area affected by wave uprush or other related hazards.
4.29
An existing habitable building located on flood prone lands may be reconstructed or
enlarged, provided that:
i)
in the case of reconstruction, the entire building is dry-floodproofed;
ii)
in the case of an addition, the addition is dry-floodproofed and does not
exceed 50% of the original floor area, to a maximum of 40 square metres
(430.6 sq. ft.); and
iii)
the intended use of the building is unchanged, or is otherwise permitted
by the applicable Development Permit Area.
HOME BASED-BUSINESS
4.30
A home based-business may be permitted within a Waterfront Residential Development
Permit Area, subject to the issuance of a Category 1 Development Permit and the
following provisions:
a) the home based-business shall only be conducted within a detached dwelling or
accessory building;
b) the home based-business shall clearly be secondary and accessory to the principal
residential use;
c) the nature or scope of a home based-business shall not change the residential
character of the dwelling or property;
d) the following uses shall not be permitted as a home based-business:
Vehicle, boat, aircraft, or trailer repair or service
Medical or dental office
Private hospital
Animal hospital
Kennel
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Nursing home
Eating establishment
Laundry
Distillery or Brewery
Any use with a retail activity, other than an artisan's studio, which involves the
general public coming or going on a regular basis without preset appointment
times;
e) the home based-business shall be conducted by a person or persons residing in
such dwelling unit, and by not more than one person at any one time not residing in
the dwelling;
f) the home based-business shall not emit noxious odours or interfere with television or
radio reception in other adjacent buildings, or create or become a public nuisance, in
particular with regard to traffic, parking, noise or emission of smoke;
g) no more than 25% of the floor area of the dwelling shall be used for purposes related
to the home based-business, except for a private home daycare, or a bed and
breakfast or room or board establishment both of which shall be limited to 3
bedrooms;
h) in the case of a home based-business located in an accessory structure, such
structure shall not be located within a shoreline yard, front yard or exterior side yard
and shall not exceed a maximum floor area of 54 square metres (581.3 sq. ft.);
i) there shall be no external storage of goods or materials associated with the home
based-business;
j) there shall be no visible display from outside of the premises, other than a sign not
larger than 0.4 square metres (4.4 sq. ft.) and as further required by any applicable
sign by-law or other regulation; and
k) parking for the home-based business shall be provided on the lot.
LANDS NOT IDENTIFIED WITHIN A DEVELOPMENT PERMIT AREA
4.31
Lands not shown within a Development Permit Area on Schedule A attached hereto
shall be deemed to be in the Open space Development Permit Area.
LANDS UNDER WATER
4.32
Unless indicated otherwise in this By-law, lands below water shall be deemed to be in
the Open space Development Permit Area.
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LIGHTING
4.33
The use of sensitive lighting practices that do not interfere with the view of the night sky
or spill into surrounding properties will be required for all land uses. Lighting shall not
exceed a maximum height of 9 metres (29.5 ft), and shall be directed downward.
MULTIPLE DEVELOPMENT PERMIT AREAS ON A LOT
4.34
Where a lot is divided into more than one Development Permit Area, each such part of
the lot shall be used in accordance with the provisions of this By-law of the applicable
Development Permit Area.
4.35
Where a lot is divided between this By-law and the Comprehensive Zoning By-law, each
such part of the lot shall be used in accordance with the provisions of the applicable by-
law.
4.36
Regardless of the number of Development Permit Areas or applicable by-laws which
govern the use of a lot, where permitted, only one single detached dwelling is permitted
on any lot, provided that all other applicable provisions of the By-law are complied with.
NON COMPLYING (LEGAL) BUILDINGS AND STRUCTURES
4.37
Despite any other provisions of this by-law, where a legal non-complying building or
structure is damaged, destroyed, or demolished, the reconstruction of the building will be
restricted to no more than its original footprint, building size and height and its original
location, and a development permit will not be required.
Non-conformance refers to use and non-compliance refers to standards. This by-law
recognizes (grandfathers) existing shoreline lots that are a minimum of 1/3 acre in area with
at least 30 metres (100 feet) of water frontage and existing backlots that are a minimum of 2
acres in area, with a minimum public road frontage of 60 metres (200 feet). In addition,
legally existing structures which do not comply with the standards of this by-law are
recognized (grandfathered) and additions are permitted provided the non-compliance is not
further exacerbated. Category 1 development permits are required in these instances.
This by-law does not require restoration of previously cleared shorelines unless development
is proposed within the shoreline yard or the lot was vacant as of the date of the passing of
the by-law.
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4.38
Despite Section 4.37, any request to recognize, expand or add to a legal non-complying
building or structure shall require a Category 1 development permit, as a Staff Variation,
and shall only be permitted provided it is no more than the height of the original structure
and it complies with all other provisions of the By-law. An increase of 15% or less of the
existing height shall require a Category 1 Development Permit as a Staff Variation. Any
increase over 15% of the original height will require a Category 2 Development Permit
as a Council Variation.
4.39
Despite Section 4.38, an expansion of, or addition to a legal non-complying dwelling
within the shoreline activity area shall require a Category 1 Development Permit as a
Staff Variation and may only be permitted provided that it is no more than the height of
the original structure and it complies with all other provisions of the By-law. An increase
of 15% or less of the existing height shall require a Category 1 Development Permit as a
Staff Variation. Any increase over 15% of the original height will require a Category 2
Development Permit as a Council Variation. The size of the addition will be restricted to
a maximum of 50% of the total permitted shoreline activity area coverage in a Staff
Variation. Any proposal which exceeds 50% of the permitted shoreline activity area
coverage shall require the issuance of a Category 2 Development Permit as a Council
Variation.
4.40
Submission of an application for building permit relying on Sections 4.37 to 4.39 must
occur within two years of the damage or destruction, otherwise these sections do not
apply.
4.41
The variations to any of the applicable standards outlined in this By-law also apply to a
legal non-complying building or structure provided that any enlargement or expansion
does not further compound the non-compliance.
NON CONFORMING (LEGAL) USES
4.42
Provided that there is no change in use, existing legal uses and existing legal accessory
uses thereto may continue.
4.43
Where a building containing a legal non-conforming use is damaged, destroyed or
demolished, the reconstruction of the building will be restricted to no more than its
original footprint, building size, height and location, and a development permit shall not
be required.
4.44
Unless otherwise permitted by this by-law, a maximum of one dwelling and one sleeping
cabin may be permitted on a lot. The presence of more than one dwelling or sleeping
cabin on a lot shall be considered non-conforming.
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NOXIOUS USES
4.45
No use is permitted which, from its nature or the materials used therein, is declared to be
a noxious trade, business or manufacture under the Public Health Act or regulation
thereunder.
PARKING
4.46
In any Development Permit Area, the following off-street parking and loading space
requirements will be required for every structure hereafter erected or enlarged or
changed in use, or any other change in use on a property.
4.47
Variations of up to 20% to the numbers appearing in Sections 4.48 to 4.58 may be
permitted by a Category 1 Development Permit as a Staff Variation. Any variation
exceeding 20% shall require a Category 2 Development Permit as a Council Variation.
4.48
Minimum parking space dimensions are 3 metres (9.8 ft.) in width by 6 metres (19.7 ft.)
in length.
4.49
The minimum parking space requirements shall be the sum of the minimum
requirements for each individual use on the property. If this number results in a decimal
greater than one-half, then one additional space is required.
4.50
Where a building expansion or enlargement is proposed on a lot that has a deficiency in
its parking requirements as of the passing of this by-law, additional parking for the
expansion only is required to be provided in accordance with the provisions of this By-
law. If the proposal includes a change in use, the parking requirement shall comply with
the current parking provisions for that new use.
4.51
Non-residential uses shall maintain their respective off-street parking areas with a stable
surface which will prevent the raising of dust or loose particles.
4.52
All parking areas and spaces shall have access from unobstructed driveways or
passageways with a minimum width of 3 metres (9.8 ft), and a maximum width of 9
metres (29.5 ft). All such parking areas shall also have access to a road or private road,
but shall not be located on any part of the road or private road. In the case of a single
detached dwelling, the required parking spaces may be obstructed and accommodated
in a linear fashion in the garage or driveway.
4.53
In a Residential Development Permit Area, parking shall be in accordance with the
following:
a) Not more than one vehicle per dwelling unit shall be a commercial motor vehicle as
defined in the Highway Traffic Act;
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b) Commercial motor vehicles are not permitted to park in a front yard or a shoreline
yard.
c) Required parking spaces for residential uses are required to be provided on the
same lot as the residential use.
4.54
Required parking spaces for commercial uses may be located on a separate lot provided
the parking is located within 150 metres (492 ft.) of the commercial use, and the lot on
which the parking is located is in the same Development Permit Area as the commercial
use.
4.55
Where a commercial use abuts or is adjacent to a navigable waterway, one third of the
required parking spaces may be in the form of boat slips maintained for the sole purpose
of customer boat parking specifically for the commercial use. Each such boat slip shall
be at least 6 metres (19.7 ft.) in length and have a minimum width of 3 metres (9.8 ft.).
4.56
Unless otherwise specified in this by-law, uncovered parking areas may be permitted
within any of the required yard setbacks, provided that where a non-residential use abuts
a residential lot, there shall be a 2.5 metre (8.2 ft.) buffer strip along the shared property
line on the non-residential property.
4.57
Parking areas are permitted in any yard, except the shoreline yard, subject to other
provisions of this by-law.
4.58
Multi-level parking structures are not permitted in any Development Permit Area.
4.59
Parking shall be required as follows:
Type & Nature of Use
Minimum Off-Street Parking Requirements
Dwelling unit on a lot with road access
2 parking spaces per dwelling unit, plus 1 parking
space for a sleeping cabin
Bed and Breakfast Establishment, Commercial Bed
and Breakfast Establishment, Boarding house
2 parking spaces for the main dwelling unit, plus 1
parking space for each bedroom or unit used for
hire or gain
Motel, Resort, Cottage Establishment, Toruist
establishment, Tourist camping establishment
1.5 parking spaces for every accommodation unit,
cottage, camp site, or housekeeping unit, plus 2
parking spaces for the owner's dwelling unit or
caretaker's cabin.
Institutional tourist establishment
1 parking space for every 15.5 square metres
(166.8 sq. ft.) of floor area, or 1 parking space for
every 4 persons to be accommodated based on the
total capacity of the Institutional tourist
establishment, whichever is greater, plus 2 parking
spaces for the owner's dwelling unit or caretaker's
cabin.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
4 - 1 1
Marina
1.5 parking spaces for every boat slip, plus 1
parking space for every 8.0 square metres (86.1
square feet) of floor area devoted to sales or
service
Waterfront landing
3 parking spaces for each property served, plus 1
visitors parking space for every 3 properties served
Access Point
3 parking spaces for each property served
Golf course, Golf driving range, Mini Golf course
24 parking spaces for every nine holes of golf
course, plus 1 parking space for every tee on a
driving range or hole on a mini golf course
Park, Commercial Park, Private Park, Public Park
1 parking space for every 6 visitors based on the
total capacity of the park
Other Recreational Uses Not Listed
1 parking space for every 9 square metres (96.9
sq. ft.) of floor area, or 1 parking space for every 5
persons to be accommodated based on the total
capacity of the facility, whichever is greater
Restaurant, Tavern
1 parking space for every 9 square metres (96.9
sq. ft.) of gross floor area, or 1 parking space for
every 4 persons to be accommodated based on the
total capacity of the building, whichever is greater.
Artisan's studio
1 parking space for every 20 square metres (215.3
sq. ft.) of floor area, with a minimum of two parking
spaces
PUBLIC USE
Development Permit Area Provisions
4.60
Every public use must comply with the provisions for the Development Permit Area in
which it is located.
Development Permit Areas Where Permitted
4.61
A public use is permitted in any Development Permit Area.
Provisions in Residential Development Permit Areas
4.62
With the exception of skating rinks, swimming pools, tennis courts or similar uses, any
above ground non-residential public use which is located in a Residential Development
Permit Area must be enclosed in a building designed, located and maintained in general
harmony with the permitted Residential buildings in such Development Permit Area.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
4 - 1 2
Street and Installations
4.63
Nothing in this By-law prevents the use of land for a road or private road or prevents the
installation of a water main, sanitary sewer main, storm sewer main, gas main, pipeline,
lighting fixture, or overhead or underground hydro or telephone lines.
SHORELINE ACTIVITY AREAS
Accessory Buildings and Structures:
4.64
Where a lot abuts a navigable waterway, the following accessory buildings or structures
may be constructed within a shoreline activity area:
a) boathouse to a maximum length of 15 metres (50 ft.) from the shoreline;
b) boatport to a maximum length of 15 metres (50 ft.) from the shoreline;
c) dock to a maximum length of 20 metres (66 ft.) from the shoreline;
d) pumphouse, gazebo, shed, changehouse, or sauna not exceeding 10 square metres
(107.6 sq. ft.) of floor area;
e) free-standing deck, not exceeding 1.8 metres (5.9 ft.) in height;
f) hot tub with plumbing;
g) stairs and landings, provided that the landings do not exceed the width of the stairs
they serve and are not greater in width than 2.5 metres (8.2 ft.); and
h) elevator or lift.
In no case shall an accessory building or structure extend more than 20 metres (66 feet)
from the shoreline.
In order to maintain an appropriate balance between a natural shoreline and built form, the
concept of shoreline activity areas has been developed. Shoreline activity areas are defined
and focused areas of the shoreline within which development may occur. The Official Plan
encourages 75% of residential shorelines, 66% of resort commercial shorelines and 50% of
marina shorelines to be maintained in a natural state. This concept is further illustrated in
Appendix 4.
It is generally intended that shoreline buffers be maintained to a depth of at least 15 metres
(49 feet). However, an effort has been made to recognize existing situations. Therefore, in
the case of existing developed lots with buffers along at least 75% of the water frontage of at
least 8 metres (26 feet) in depth as of the date of the passing of the by-law, these buffers are
recognized as complying with the by-law and further restoration would not be required.
TOWNSHIP OF LAKE OF BAYS
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CONSOLIDATION - NOVEMBER 18, 2010
4 - 1 3
Boathouses:
4.65
A flat roofed boathouse shall require a minimum setback of twice that otherwise
required.
4.66
No boathouse or boatport shall be used for the provision of sleeping quarters or include
a kitchen.
4.67
The height of a boathouse or a boatport within a Residential Development Permit Area
shall not exceed 4.2 metres (13.8 ft.) and shall not contain more than one storey.
4.68
The maximum permitted gross floor area of a boathouse is 75% of the permitted
shoreline activity area coverage to a maximum of 139 m² (1500 ft²).
Extent and Location:
4.69
All new development within the shoreline yard shall require a Category 1 development
permit, unless otherwise specified herein. This shall not include repairs and maintenance
of existing structures.
4.70
No part of a shoreline activity area is permitted within 4.5 metres (14.8 ft.) of the side lot
line or any straight-line projection thereof from the ordinary water's edge.
4.71
A maximum of two shoreline activity areas are permitted on or abutting a residential lot.
4.72
Unless otherwise specified herein, where a residential lot has more than one contiguous
shoreline, no more than 25% of any one shoreline shall be used as shoreline activity
area frontage and the total shoreline activity area frontage shall not exceed 23 metres
(75.4 ft.).
4.73
Despite Sections 4.70 and 4.71, where the lot frontage exceeds the required water
frontage by at least twice the required water frontage, an additional shoreline activity
area of 25% of each additional required frontage is permitted provided that:
a) a Category 2 Council Development Permit is obtained;
b) no single shoreline activity area shall exceed 23 metres (75.4 ft.); and
c) each such additional shoreline activity area shall be located on a portion of the lot
which has the frontage and area of at least that required for a Waterfront Residential
lot on the relevant category of lake.
4.74
For lots created after the date of passing of this by-law, where a non complying shoreline
activity area exists, any further development on the lot shall require a Category 1 Staff
Development Permit, subject to the reestablishment of a shoreline buffer as required for
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
4 - 1 4
that Development Permit Area. The required buffer shall be a minimum of 15 metres (49
feet) in depth and shall consist of trees of a minimum of six feet in height and shrubs that
would be expected to grow to six feet in height, and at a density of one tree or shrub per
14 square metres (150 square feet), measured from the stems, more or less evenly
along the buffer and generally parallel to the shoreline.
4.75
For existing lots which did not contain existing dwellings, as in the case of a "Waterfront
Residential" lot, or a principal building for any other lot as of the date of the passing of
this by-law, where a non complying shoreline activity area exists, any further
development within the shoreline yard or the construction of a new dwelling on the lot
shall require a Category 1 Staff Development Permit, subject to the reestablishment of a
shoreline buffer as required for that Development Permit Area. The required buffer shall
be the greater of:
a) the depth of the buffer that existed as of the date of the passing of the by-law,
but shall not be required to exceed 15 metres (49 feet); or
b) 8 metres.
The required buffer shall be a minimum of 15 metres (49 feet) in depth and shall consist
of trees of a minimum of six feet in height and shrubs that would be expected to grow to
six feet in height, and at a density of one tree or shrub per 14 square metres (150 square
feet), measured from the stems, more or less evenly along the buffer and generally
parallel to the shoreline.
4.76
Despite any other provisions of this By-law, for existing lots with existing dwellings, as in
the case of a "Waterfront Residential" lot, or a principal building for any other lot as of the
date of the passing of this by-law, where a non complying shoreline activity area exists,
any further development within the shoreline activity area shall require a Category 1
Staff Development Permit, subject to the reestablishment of a shoreline buffer as
required for that Development Permit Area. The required buffer shall be the greater of:
a) the depth of the buffer that existed as of the date of the passing of the by-law,
but shall not be required to exceed 15 metres (49 feet); or
b) 8 metres.
The required buffer shall be a minimum of 15 metres (49 feet) in depth and shall consist
of trees and shrubs of a minimum of six feet in height and at a density of one tree or
shrub per 14 square metres (150 square feet), measured from the stems, more or less
evenly along the buffer and generally parallel to the shoreline. In this situation, where an
existing buffer of at least 8 metres (26 feet) exists, that buffer is deemed to comply with
this By-law.
4.77
If a proposal does not achieve the requirements of Sections 4.73 to 4.75, a Category 2
Council Variation Development Permit is required, and an overall net gain of shoreline
vegetation shall be required.
4.78
Despite Sections 4.73 to 4.75 above, where the natural shoreline of a property is
determined to be other than forested, (as in the case of a natural beach), a shoreline
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
4 - 1 5
buffer that is reflective of the natural shoreline is required.
Shoreline buffer:
4.79
A shoreline buffer shall be maintained abutting any portion of a shoreline that does not
form part of a shoreline activity area. A shoreline buffer shall be a minimum of 15 metres
(49.2 ft.) in depth measured inland from the ordinary water's edge, unless otherwise
specified in this By-law.
SIGHT TRIANGLES
4.80
Within any area identified as a sight triangle, the following uses, site alterations,
vegetation removal and structures are prohibited:
a) A building, structure or use which would obstruct the vision of drivers of motor
vehicles using the adjacent street:
b) A fence, tree, hedge, bush or other vegetation, exceeding 1 metre (3.3 ft.) height
above the elevation of the street line; and
c) A finsihed grade which exceeds the elevation of the street line by more than 0.6 of a
metre (2 ft.).
TEMPORARY USES
Construction
4.81
A temporary building, structure or trailer incidental to the construction of a principal a lot
shall be permitted in all Development Permit Areas, but only for as long as it is
necessary for the work in progress and until the work is completed or abandoned. In this
case, 'abandoned' means the failure to proceed with the work within a one year time
period.
Garden Suites and Secondary Suites
4.82
Where a garden suite or secondary suite is specifically permitted as a discretionary use,
such use shall be maintained in accordance with the following provisions:
a) The garden or secondary suite shall require a Category 1 Development Permit as a
temporary use.
b) The floor area of a garden suite shall not exceed the floor area of the principal
dwelling and at a maximum is 85 square metres (915 sq. ft.).
c) Once a garden suite is discontinued, it shall be removed from the site.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
4 - 1 6
d) A secondary suite shall be capable of integration into the principal dwelling, once the
secondary suite is discontinued.
e) A garden or secondary suite is not permitted for a period exceeding 10 years.
Recreational Trailers
4.83
The parking and storage of recreational trailers shall be prohibited in all Development
Permit Areas where a dwelling is in existence on the same lot, in which case one
recreational trailer may be stored on the occupant's lot, but only in the rear or interior
side yard, or in such Development Permit Areas where such parking and storage is
permitted by this By-law.
4.84
The use of recreational trailers is prohibited in all Development Permit Areas except
where specifically permitted.
VEGETATION REMOVAL AND SITE ALTERATION
4.85
Development, including woody vegetation removal or site alteration requires a Category
1 Development Permit, in accordance with the provisions in the following chart. Where
vegetation removal or site alteration is proposed in an area not described in the following
chart, a development permit is not required.
It is the intent of the Township to preserve vegetation along shorelines, for its ecological
functions, its contribution to aesthetics and lake character and the reduction of the visual
impact of development on the lakes. Vegetation removal within the shoreline activity area is
permitted and would require the issuance of a development permit. Vegetation removal
within the remainder of the shoreline buffer while generally discouraged, is permitted in
limited circumstances, such as for the purposes of a pervious pathway. A Category 1
development permit would be required in these instances.
These provisions do not apply to the removal of dead or dying trees, including those trees
which present a potential hazard to life or property, or trimming or pruning.
Regulated vegetation includes healthy woody vegetation (trees and shrubs) measuring at
least 4 feet in height. Smaller vegetation, including herbaceous vegetation is not regulated
due to anticipated difficulty in enforcement. However, this vegetation is essential in the
protection of shoreline habitat and water quality, and in the reduction in shoreline erosion.
The Township strongly encourages landowners to maintain as much vegetation as possible
along shorelines.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
4 - 1 7
DEVELOPMENT PERMIT REQUIRED
FOR VEGETATION REMOVAL OR SITE
ALTERATION
CRITERIA FOR VEGETATION REMOVAL OR SITE ALTERATION
Within the shoreline activity area
No specific criteria, but a development permit shall be required in order to confirm
the location and extent of the shoreline activity area.
Within the shoreline buffer
-
Vegetation removal which in the opinion of the Township, would not
compromise the ecological or visual functions of the shoreline buffer; or
-
Vegetation removal which is required to be removed for the establishment of a
pervious pathway of a width not exceeding 1 metre; or
-
Vegetation removal supported by a prescription from an arborist or a
professional forester
WITHIN 30 M (98.4 ft.)OF A
COLDWATER STREAM
-
Fisheries assessment or maintenance of a 15 m (49.2 ft.)buffer
FOR THE PURPOSES OF A GOLF
COURSE
-
Site Evaluation and other technical reports (hydrogeological assessment,
golf course management plan, etc.) in accordance with Section 6 of this
by-law.
OVER AN AREA EXCEEDING 0.2 HA
(0.5 acre), OR 50% OR A LOT,
WHICHEVER IS LESS, except for
forestry operations
-
Site Evaluation in accordance with Section 6 of this By-law
WITHIN 120 METRES (393.7 ft.)OF A
PROVINCIALLY SIGNIFICANT
WETLAND
-
Site Evaluation in accordance with Section 6 of this by-law
IN ANY WETLAND
-
Site Evaluation in accordance with Section 6 of this by-law.
IN A NATURAL HERITAGE AREA
-
Site Evaluation in accordance with Section 6 of this by-law.
ON A SLOPE > 30%
-
Site Evaluation in accordance with Section 6 of this by-law.
ON A RIDGE LINE OR CLIFF
-
Site Evaluation in accordance with Section 6 of this by-law.
IN A DEER WINTERING AREA where
vegetation removal is proposed over
more than 0.5 acre
-
Site evaluation in accordance with Section 6 of this by-law.
4.86
In a case where vegetation removal or site alteration has already occurred in the areas
referenced in Section 4.84, further development within those areas is only permitted
provided that the areas are re-vegetated in accordance with the provisions of this by-law.
Note - removal of a maximum of 10% of the woody vegetation within the
shoreline yard may occur by way of an "Intent to Remove Shoreline
Vegetation", rather than a development permit . This may only occur once
per property after this by-law comes into effect.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
4 - 1 8
WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS
4.87
Despite any other provisions of this by-law, no building or structure which requires a
water supply or sewage disposal system shall be erected, altered or used on land which,
by reason of its rocky, low lying, marshy or unstable characteristics, is unsuitable for the
provision of the required water supply or sewage disposal system, as determined by the
approval authority.
4.88
No land reserved for the use of a tile field or a sewage disposal system may be used for
any other purpose.
4.89
Despite any yard or setback provisions of this by-law to the contrary, a sewage disposal
leaching bed shall be permitted within any yard of this by-law, with the exception of the
shoreline yard.
4.90
Leaching beds shall be set back a minimum of 30 metres (98 ft.) from the ordinary
water's edge.
4.91
Notwithstanding Section 4.89, on lakes that require a shoreline yard of 30 metres (98.4
ft.) a septic tank is permitted within the shoreline yard provided that a minimum setback
of 24 metres (80 ft.) is maintained.
4.92
Notwithstanding Sections 4.89 and 4.90, on an existing lot where a leaching bed cannot
be setback a minimum of 30 metres due to site constraints, a reduced setback may be
permitted as a staff variation subject to the criteria set out in Schedule C.
WATERCOURSE SETBACKS
4.93
A 30 metre (98.4 ft.)setback shall be maintained from a coldwater stream, as shown on
the schedules, 15 metres (49.2 ft.) of which shall remain as a natural buffer.
4.94
A 15 metre (49.2 ft.) setback shall be maintained from any other watercourse, 7.5 metres
(24.6 ft.) of which shall remain as a natural buffer.
YARDS
4.95
Where yards overlap on a lot or an adjacent lot, the greater yard requirement applies.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5-1
5. DEVELOPMENT PERMIT AREA
PROVISIONS
5.1 WATERFRONT RESIDENTIAL DEVELOPMENT PERMIT
AREA
5.1.1
In a Waterfront Residential Development Permit Area, no person shall use any land or
erect, alter or use any building or structure, or alter existing grades or remove vegetation
except in accordance with the provisions of this section and any other applicable
provisions of this by-law.
Permitted Uses, Buildings and Structures
PERMITTED USES
One existing dwelling
One single detached dwelling(a)
One accessory sleeping cabin
Home based business
Individual access point
Residential group home (a)
Conservation
(a) Not a permitted use on lakes listed in Schedule E as being of high sensitive or over threshold.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5-2
Discretionary Uses, Buildings and Structures
DISCRETIONARY USES (a)
One single detached dwelling
Residential group home
Secondary suite
Garden suite
Similar uses to those permitted
(a) Provided that the criteria established in Schedule D for such uses have been satisfied.
Provisions for all residential lots
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL VARIATION
A new backlot with public
road frontage
4 ha (9.9 a)
Up to 5%
Over 5%
A new lot on an island of less
than 4 ha (9.9 a) in area
0.8 ha (2 a)
Up to 5%
Over 5%
An individual access point
700 sq. m.
(7535 sq. ft.)
Up to 5%
Over 5%
Lakes identified in Schedule
E as being of high sensitivity
Existing
None
Any - subject to the
requirements of C.3.1
Lakes identified in Appendix
2 as being over threshold
and in Schedule E as being
of moderate or low sensitivity
Existing
None
None
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5-3
Lakes identified in Schedule
E as being highly sensitive
and in Appendix 2 as over
threshold
Existing
None
None
Within a heritage area
Where a WEP1 development
permit area exists along the
entire frontage of the lot
Where a residential
compound exists
Existing
N/A
Other
All other situations
0.4 ha (1 a)
Up to 5%
Over 5%
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5-4
b) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL VARIATION
On a Category 3 lake, as
identified in Appendix 1;
152 metres
(492.1 ft.)
Up to 5%
Over 5%
On a category 2 lake, as
identified in Appendix 1
On a narrow waterbody
which measures less than 90
metres (295.3 ft.)across
Where slopes of greater than
40% exist
120 metres
(393.7 ft.)
Up to 5%
Over 5%
On a narrow waterbody
which measures between 90
and 150 metres (492.1
ft.)across
Where slopes of 30% to 40%
exist
Where a WEP1 Development
Permit Area exists along
more than 50% of the lot
frontage
90 metres
(295.4 ft.)
Up to 5%
Over 5%
Lakes identified in Schedule
E as being of high sensitivity
Existing
None
Any - subject to the
requirements of C.3.1
Lakes identified in Appendix
2 as being over threshold and
in Schedule E as being of
moderate or low sensitivity
Existing
None
None
Lakes identified in Schedule
E as being highly sensitive
and in Appendix 2 as over
threshold
Existing
None
None
Within a heritage area
Where a WEP1 development
permit area exists along the
entire frontage of the lot
Where a residential
compound exists
Existing
N/A
Other
All other situations
60 metres
(196.9 ft.)
Up to 5%
Over 5%
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5-5
c) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot on a provincial highway or on
a District Class A road
150 metres
(492.1 ft.)
Up to 5%
Over 5%
Lot on a District Class B road
Backlot
135 metres
(442.9 ft.)
(In the case of a backlot,
frontage required on a year
round maintained public
road)
Shoreline lot on a Township road
45 metres
(147.6 ft.)
Shoreline lot on a private road
N/A
d) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
The lot abuts a WEP1
Development Permit Area
30 metres
(98.4 ft.)
33%
upon submission
of a fisheries
assessment
Over 33%
The lot is located on one of the
following lakes:
Dickie Lake
Echo Lake
Grandview Lake
Lake of Bays
Paint Lake
Ril Lake
20 metres
(65.6 ft.)
Up to 10%
Over 10%
All other situations
The lot contains an existing
residential compound.
30 metres
(98.4 ft.)
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5-6
e) MINIMUM FRONT YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
For lots other than shoreline
lots
10 metres
(32.8 ft.)
Up to 50%
Over 50%
Adjacent to a Provincial
Highway
19 metres (62.3 ft.)
Adjacent to a District road.
14.5 metres (47.6
ft.)
f) MINIMUM INTERIOR SIDE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
4.5 metres
(14.7 ft.)
Up to 20%
Over 20%
g) MINIMUM EXTERIOR SIDE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
10 metres
(32.8 ft.)
Up to 50%
Over 50%
Adjacent to a Provincial
Highway
19 metres (62.3 ft.)
Adjacent to a District road.
14.5 metres (47.6
ft.)
h) MINIMUM REAR YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
10 metres
(32.8 ft.)
Up to 50%
Over 50%
Adjacent to a Provincial
Highway
19 metres (62.3 ft.)
Adjacent to a District road.
14.5 metres (47.6
ft.)
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5-7
i) MAXIMUM LOT COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
An individual access point.
5% to a maximum
of 93 square metres
(1001.1 sq. ft.)
Coverage -
up to 25%
of
requirement
No variance
for the
maximum
footprint
Over 25% of
the coverage
requirement
Any variance
to the
maximum
footprint
A backlot with public road
frontage.
5%
All other situations
10% with a
maximum of 510 sq.
m. (5499 sq.ft).
footprint
constructed
between 20 metres
(65.6 ft.) and 60
metres (196.0 ft.) of
the shoreline (a)
(a) Where an existing dwelling is located within the shoreline yard, its footprint area shall be
included in the calculation of lot coverage.
j) MAXIMUM BUILDING HEIGHT
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
An accessory shoreline
structure
4.2 metres
(13.8 ft.)
None
Any
Other accessory structures
4.5 metres
(14.8 ft.)
10%
Over 10%
A garage
7 metres
(23 ft.)
10%
Over 10%
A detached dwelling
8.5 metres
(27.9 ft.)
10%
Over 10%
See Appendix 5 for clarification regarding the measurement of building height.
See Appendix 5 for clarification regarding lot coverage.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5-8
k) MAXIMUM SHORELINE ACTIVITY AREA FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A waterfront residential lot
25% to a maximum
of 23 metres (75.5
ft.)
Up to 5%
Over 5%
An individual access point
33%
a) That portion of existing dwellings and sleeping cabins which are located within the
shoreline yard will be included in the calculation of shoreline activity area frontage.
l) MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
SITUATION
STANDARD (a)
STAFF
VARIATION
COUNCIL
VARIATION
All
40%
None
Any
(a) That portion of existing dwellings and sleeping cabins which are located within the
shoreline activity area as of the date of the passing of this by-law will not be included in the
calculation of shoreline activity area coverage.
5.1.2 Provisions for Shoreline Residential Cluster Development
a) MINIMUM AREA PER LOT OR UNIT
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
0.4 ha (1 a)
Up to 5%
Over 5%
b) MINIMUM ROAD FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A lot or unit fronting onto a
Provincial Highway or a
District Class A road.
150 metres
(492.1 ft.)
Up to 5%
Over 5%
A lot or unit fronting onto a
District Class B road.
135 metres
(442.9 ft.)
All other situations.
60 metres
(196.9 ft.)
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
c)
MINIMUM WATER FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
15 metres (49.2 ft.)
of water frontage
within the Open
space block for
each unit in the
cluster
Up to 5%
Over 5%
d) MINIMUM FRONT YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
10 metres
(32.8 ft.)
Up to 10%
Over 10%
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5.2 WATERFRONT COMMERCIAL DEVELOPMENT PERMIT AREAS
5.2.1
Waterfront Commercial Development Permit Areas include the following:
Waterfront Resort Commercial Development Permit Area (WRC)
Waterfront Resort Commercial Backlot Development Permit Area (WRCB)
Waterfront Resort Commercial Open space Development Permit Area (WRCOS)
Waterfront Service Commercial Development Permit Area (WSC)
Waterfront Service Commercial Backlot Development Permit Area (WSCB)
5.2.2
In any Waterfront Commercial Development Permit Area, no person shall use any land or erect, alter
or use any building or structure, or alter existing grades or remove vegetation except in accordance
with the provisions of this section.
5-9
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5.2.3
WATERFRONT RESORT COMMERCIAL DEVELOPMENT PERMIT AREA
Permitted Uses, Buildings and Structures
PERMITTED USES, BUILDINGS AND STRUCTURES (a)
Bed and Breakfast, Commercial
Institutional tourist establishment
Toruist establishment
Motel
Resort
Accessory dwelling
(a) Permitted uses and structures include accessory uses and structures, unless specifically listed, but exclude
shooting ranges, archery ranges or similar
Discretionary Uses, Buildings and Structures
DISCRETIONARY USES, BUILDINGS AND STRUCTURES (a)(b)
Similar uses
Accessory golf course
Accessory driving range
(a) Discretionary uses and structures include accessory uses and structures, unless specifically listed, but
exclude shooting ranges, archery ranges or similar
(b) Subject to the criteria in Schedule D
5-10
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Provisions
MINIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
LOT AREA
Existing
N/A
ROAD FRONTAGE (public road)
Existing
N/A
WATER FRONTAGE
Existing
N/A
SHORELINE ACTIVITY AREA FRONTAGE
33%
Up to 20%
SHORELINE YARD
30 m (98.4 ft.)
Up to 10%
FRONT YARD (a)
10 m (32.8 ft.)
Up to 50%
REAR YARD (a)
10 m (32.8 ft.)
Up to 50%
SIDE YARD
10 m (32.8 ft.)
Up to 50%
EXTERIOR SIDE YARD (a)
10 m (32.8 ft.)
Up to 50%
MAXIMUM REQUIREMENTS
HEIGHT (principal)
8.5 m (27.9 ft.)
Up to 20%
HEIGHT (shoreline accessory)
4.2 m (13.8 ft.)
Up to 20%
HEIGHT (other accessory)
7 m (23 ft.)
Up to 20%
LOT COVERAGE
N/A
N/A
SHORELINE ACTIVITY AREA COVERAGE
50%
Up to 10%
(max of 55%)
LOT COVERAGE BETWEEN 20 m - 120 m
(65.6 ft. - 393.7 ft.)
30% of this area
Up to 15%
(max of 35% or 10 % of total
lot coverage, whichever is
less)
Lot coverage (including all lands > 120 m
(393.7 ft.) from shoreline
10%
Up to 25%
(max of 12.5%)
GROSS FLOOR AREA
367 sq. m. per ha (1600 sq. ft.
per acre) where water frontage
is less than 120 m (398 ft.)
Up to 494 sq. m. (2152 sq. ft.
per acre) where water
frontage is less than 120 m
(398 ft.)
741sq. m. per ha (3229 sq. ft.
per acre) where water frontage
is at least 120 m (398 ft.)
Up to 988 sq. m. per ha (4306
sq. ft. per acre) where water
frontage is at least 120 m (398
ft.)
# DOCKING SPACES (also subject to Shoreline
activity area provisions)
14
50% (subject to boat impact
assessment)
a)
An additional 4.5 metre (14.8 ft.) setback is required from a Muskoka Road and an additional 9 metre
(29.5 ft.) setback is required from a provincial highway.
5-11
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5.2.4
WATERFRONT RESORT COMMERCIAL BACKLOT DEVELOPMENT PERMIT AREA
Permitted Uses, Buildings and Structures
PERMITTED USES, BUILDINGS AND STRUCTURES (a)
Uses accessory to 'Resort Commercial' permitted uses
(a) Permitted uses include accessory uses and structures, unless specifically listed, but exclude shooting
ranges, archery ranges or similar
Discretionary Uses, Buildings and Structures
DISCRETIONARY USES, BUILDINGS AND STRUCTURES (a) (b)
Uses permitted in 'Resort Commercial', only as part of a shoreline 'Resort Commercial' use
Similar uses
Accessory golf course
Accessory driving range
Accessory stables
(a) Discretionary uses include accessory uses and structures, unless specifically listed, but exclude shooting
ranges, archery ranges or similar
(b) Subject to the criteria in Schedule D
5-12
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Provisions
MINIMUM REQUIREMENTS
STANDARD
VARIATION
LOT AREA
4 ha (9.9 a)
Up to 10%
ROAD FRONTAGE (public road)
134 m (439.6 ft.)
Up to 10%
WATER FRONTAGE
N/A
N/A
SHORELINE YARD
N/A
N/A
FRONT YARD (a)
10 m (32.8 ft.)
Up to 50%
REAR YARD (a)
10 m (32.8 ft.)
Up to 50%
SIDE YARD
10 m (32.8 ft.)
Up to 50%
EXTERIOR SIDE YARD (a)
10 m (32.8 ft.)
Up to 50%
MAXIMUM REQUIREMENTS
HEIGHT (principal)
8.5 m (27.9 ft.)
Up to 20%
HEIGHT (shoreline accessory)
N/A
N/A
HEIGHT (other accessory)
7 m (23 ft.)
Up to 20%
LOT COVERAGE
8%.
Up to 20%`
(max of 10%)
GROSS FLOOR AREA
741 sq. m. per ha (3229 sq.
ft. per acre)
Up to 988 sq. m. per
ha (4306 sq. ft. per
acre)
(a) An additional 4.5 metre (14.8 ft.) setback is required from a Muskoka Road and an additional 9 metre
(29.5 ft.) setback is required from a provincial highway.
5-13
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5.2.5
WATERFRONT RESORT COMMERCIAL OPEN SPACE DEVELOPMENT PERMIT AREA
Permitted Uses, Buildings and Structures
PERMITTED USES, BUILDINGS AND STRUCTURES (a)
Accessory open space uses
(a) Permitted uses include accessory uses, unless specifically listed, but exclude shooting ranges, archery
ranges or similar
Discretionary Uses, Buildings and Structures
DISCRETIONARY USES, BUILDINGS AND STRUCTURES (a) (b)
Other accessory uses to Resort Commercial
Accessory stables
Accessory golf course
Accessory driving range
Similar uses
(a) Discretionary uses include accessory uses and structures, unless specifically listed, but exclude shooting
ranges, archery ranges or similar
(b) Subject to the criteria outlined in Schedule D.
5-14
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Provisions
MINIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
LOT AREA
Existing
N/A
ROAD FRONTAGE (public road)
Existing
N/A
WATER FRONTAGE
Existing
N/A
SHORELINE ACTIVITY AREA FRONTAGE
33%
Up to 20%
SHORELINE YARD
20 m (65.6 ft.) or
30 m (98.4 ft.) abutting
Type 1 habitat
FRONT YARD (a)
10 m (32.8 ft.)
Up to 50%
REAR YARD (a)
10 m
Up to 50%
SIDE YARD
10 m (32.8 ft.)
Up to 50%
EXTERIOR SIDE YARD (a)
10 m (32.8 ft.)
Up to 50%
MAXIMUM REQUIREMENTS
HEIGHT (principal)
11 m (36 ft.)
Up to 20%
HEIGHT (shoreline accessory)
4.2 m (13.8 ft.)
Up to 20%
HEIGHT (other accessory)
11 m (36 ft.)
Up to 20%
SHORELINE ACTIVITY AREA COVERAGE
N/A
N/A
LOT COVERAGE BETWEEN 20 m - 120 m
(65.6 ft. - 393.7 ft.)
N/A
N/A
Total Lot coverage (including all lands > 30 m
(98.4 ft.) from shoreline)
N/A
N/A
GROSS FLOOR AREA
N/A
N/A
# DOCKING SPACES (also subject to Shoreline
activity area provisions)
N/A
N/A
5-15
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5.2.6
WATERFRONT SERVICE COMMERCIAL DEVELOPMENT PERMIT AREA
Permitted Uses, Buildings and Structures
PERMITTED USES, BUILDINGS AND STRUCTURES
Marina
Outfitter
Waterfront Landing
Recreational vehicle establishment
Boat storage
Accessory dwelling
Contractor's establishment
Discretionary Uses, Buildings and Structures
DISCRETIONARY USES, BUILDINGS AND STRUCTURES (a)
Similar uses
(a) Subject to the criteria in Schedule D
Provisions
MINIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
LOT AREA
Existing
N/A
ROAD FRONTAGE (public road)
Existing
N/A
WATER FRONTAGE
Existing
N/A
SHORELINE ACTIVITY AREA FRONTAGE
50%
Up to 20%
SHORELINE YARD
30 m (98.4 ft.)
Up to 10%
FRONT YARD (a)
N/A
N/A
REAR YARD (a)
10 m (32.8 ft.)
Up to 50%
SIDE YARD
10 m (32.8 ft.)
Up to 50%
EXTERIOR SIDE YARD (a)
10 m (32.8 ft.)
Up to 50%
MAXIMUM REQUIREMENTS
HEIGHT (principal)
8.5 m (27.9 ft.)
Up to 20%
HEIGHT (shoreline accessory)
4.2 m (13.8 ft.)
Up to 20%
HEIGHT (other accessory)
7 m (23 ft.)
Up to 20%
SHORELINE ACTIVITY AREA COVERAGE
50%
Up to 10%
LOT COVERAGE BETWEEN 20 m - 120 m
(65.6ft. - 393.7 ft.)
30%
Up to 15%
Lot coverage (including all lands > 120m
(400 ft.) from shoreline)
10%
Up to 25%
(max of 12.5%)
GROSS FLOOR AREA
N/A
N/A
# DOCKING SPACES (also subject to Shoreline
activity area provisions)
14
50% (subject to boat
impact assessment)
b)
An additional 4.5 metre (14.8 ft.) setback is required from a Muskoka Road and an additional 9 metre
(29.5 ft.) setback is required from a provincial highway.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5.2.7
WATERFRONT SERVICE COMMERCIAL BACKLOT DEVELOPMENT PERMIT AREA
Permitted Uses, Buildings and Structures
PERMITTED USES, BUILDINGS AND STRUCTURES
Uses accessory to "Service Commercial" permitted uses
Boat storage
Outfitter
Contractor's yard
Recreational vehicle establishment
Accessory dwelling
Discretionary Uses, Buildings and Structures
DISCRETIONARY USES, BUILDINGS AND STRUCTURES (a)
Similar uses
(a) Subject to the criteria in Schedule D
Provisions
MINIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
LOT AREA
4 ha (9.9 a)
10%
ROAD FRONTAGE (public road)
134 m (439.6)
10%
WATER FRONTAGE
N/A
N/A
SHORELINE YARD
N/A
N/A
FRONT YARD (a)
10 m (32.8 ft.)
50%
REAR YARD (a)
10 m (32.8 ft.)
50%
SIDE YARD
10 m (32.8 ft.)
50%
EXTERIOR SIDE YARD (a)
10 m (32.8 ft.)
50%
MAXIMUM REQUIREMENTS
HEIGHT (principal)
8.5 m (27.9 ft.)
20%
HEIGHT (shoreline accessory)
N/A
N/A
HEIGHT (other accessory)
7 m (23 ft.)
20%
LOT COVERAGE
8%
20%
(max of 10%)
GROSS FLOOR AREA
N/A
N/A
c)
An additional 4.5 metre (14.8 ft.) setback is required from a Muskoka Road and an additional
9 metre (29.5 ft.) setback is required from a provincial highway.
5-17
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5.3 WATERFRONT ENVIRONMENTAL PROTECTION
DEVELOPMENT PERMIT AREAS
5.3.1 Waterfront Environmental Protection Development Permit Areas include the following:
Waterfront Environmental Protection Development Permit Area (WEP)
Waterfront Environmental Protection Development Permit Area One (WEP1)
5.3.2 In a Waterfront Environmental Protection Development Permit Area, no person shall use any land
or erect, alter or use any building or structure, or alter existing grades or remove vegetation
except in accordance with the provisions of this section.
Permitted Uses, Buildings and Structures
PERMITTED USES, BUILDINGS AND STRUCTURES
WEP
-
An existing detached dwelling
-
Conservation
WEP1
-
Conservation
-
An existing dock
-
An expansion to an existing dock associated with an abutting
Waterfront Residential Development Permit Area provided it is
not wider than the average width of the existing structure
Discretionary Uses
DISCRETIONARY USES, BUILDINGS AND STRUCTURES
WEP (a)
-
Interpretive centre
-
A new dock, a boathouse or a boatport associated with a new
or existing dwelling in an abutting Waterfront Residential
development permit area
-
Similar uses to those permitted
WEP1 (b)(c)
-
A new dock, a boathouse or a boatport associated with a new
or existing dwelling in an abutting Waterfront Residential
development permit area
5-18
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
(a) Provided that a site evaluation demonstrates to the satisfaction of the Township that there would be no
negative impacts to the features and functions of the area.
(b) Provided that a fish habitat impact assessment demonstrates to the satisfaction of the Township that
there would be no negative impacts to the features and functions of the area
(c) Within Plan of Subdivision M-698, a boathouse will also be permitted provided that approval is obtained
from the Department of Fisheries and Oceans prior to the issuance of a development permit.
Provisions for Environmental Protection Development Permit Areas
a)
MINIMUM SIDE YARD
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
4.5 m (14.8 ft.) from the
side lot line
Up to 50%
Over 50%
b)
MAXIMUM SHORELINE ACTIVITY AREA FRONTAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
25%
None
Any
5-19
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
5.4 WATERFRONT OPEN SPACE DEVELOPMENT PERMIT AREA
5.4.1 In the Waterfront Open space Development Permit Area, no person shall use any land or erect,
alter or use any building or structure, or alter existing grades or remove vegetation except in
accordance with the provisions of this section.
Permitted Uses, Buildings and Structures
PERMITTED USES, BUILDINGS AND STRUCTURES
An existing detached dwelling
Structures accessory to an abutting 'Residential' development permit area in the same
ownership
Individual access point
Public park
Conservation
Discretionary Uses, Buildings and Structures
DISCRETIONARY USES, BUILDINGS AND STRUCTURES (a)
Similar uses to those permitted
Waterfront Landing for a maximum of 14 watercraft
Mini golf course
a) Subject to the criteria in Schedule D
5-20
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Provisions
a) MINIMUM LOT AREA
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Commercial Open space
0.4 ha (1 a)
Up to 5%
Over 5%
Waterfront landing for up to 14
watercraft
1400 sq. m.
(15070 sq. ft.)
Individual access point
700 sq. m.
(7535 sq. ft.)
All other situations
No minimum
b) MINIMUM WATER FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Commercial Open space
60 metres
(196.9 ft.)
Up to 10%
Over 10%
Waterfront landing for up to 14
watercraft
30 metres
(98.4 ft.)
Individual access point
15 metres
(49.2 ft.)
All other situations
No minimum
5-21
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
c) MINIMUM ROAD FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Located on a provincial highway
or District Class A road
150 metres
(492.1 ft.)
Up to 10%
Over 10%
Located on a District Class B
road
135 metres
(442.9 ft.)
Commercial Open space
Waterfront landing for up to 14
watercraft
30 metres
(98.4 ft.)
Individual access point
15 metres
(49.2 ft.)
All other situations
No minimum
d) MINIMUM SHORELINE YARD
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Abutting WEP1 Development
Permit Area
30 metres
(98.4 ft.)
Up to 10%
Over 10%
Parking areas and structures,
other than shoreline structures
20 metres (65.6 ft.)
Undersized shoreline lot used in
conjunction with a lot on the
opposite side of a street and
islands under 0.2 ha (0.5 a)
Subject to the provisions
of the abutting
Development Permit
Area
5-22
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
e) MINIMUM SIDE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Open space
Crown land
Individual access point
Waterfront landing for up to 14
watercraft
10 m
(32.8 ft.)
Up to 25%
Over 25%
Undersized shoreline lot used in
conjunction with an adjacent
developable lot
Lands under water
Subject to the provisions
of the abutting
development permit
area
Subject to the
provisions of
the abutting
development
permit area
Subject to the
provisions of
the abutting
development
permit area
f) MINIMUM FRONT YARD, REAR YARD AND EXTERIOR SIDE YARD SETBACK
5-23
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Open space
Crown land
Individual access point
Waterfront landing for up to 14
watercraft
10 m
(32.8 ft.)
Up to 25%
Over 25%
Adjacent to a District road
14.5 metres 47.6 ft.)
Adjacent to a provincial highway
19 metres (62.3 ft.)
Undersized shoreline lot used in
conjunction with an adjacent
developable lot
Lands under water
Subject to the
provisions of the
abutting development
permit area
Subject to the
provisions of the
abutting
development
permit area
Subject to the
provisions of
the abutting
development
permit area
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
g) LOT COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Individual access point
Waterfront landing
The lesser of 5% or 93
sq. m. (1001 sq. ft.)
Up to 25% of
requirement
Over 25%
Open space
Crown land
5%
Undersized shoreline lot used in
conjunction with an adjacent
developable lot
Islands less than 0.2 hectare
(0.5 a)
Lands under water
Subject to the
provisions of the
abutting development
permit area
Subject to the
provisions of the
abutting
development
permit area
Subject to the
provisions of
the abutting
development
permit area
h) MAXIMUM BUILDING HEIGHT
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Shoreline structures
4.2 metres
(13.8 ft.)
None
Any
Other structures
11 metres
(36 ft.)
Up to 10%
Over 10%
i) MAXIMUM SHORELINE ACTIVITY AREA FRONTAGE
5-24
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Open space
Commercial open space
25% to a maximum of
23 metres (75.5 ft.)
Up to 5%
Over 5%
Undersized shoreline lots used
in conjunction with an adjacent
residential lot
Subject to the
provisions of the
abutting Development
Permit Area
Waterfront landings
Individual access points
33%
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
j) MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
5-25
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Undersized shoreline lots used
in conjunction with an adjacent
residential lot
Subject to the
provisions of the
abutting Development
Permit Area
None
Any
All other situations
40%
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
6. CONDITIONS
6.1
When a Development Permit is required, the following conditions may be imposed prior to
the issuance of a development permit, as a condition of a development permit, or in an
agreement registered on title. Where a report is required, it must be undertaken to the
satisfaction of the Township and the recommendations of that report may be required to be
implemented through a condition imposed prior to the issuance of a development permit, as
a condition of a development permit, or in an agreement registered on title, and may include
greater requirements than specified in other provisions of this by-law.
a) the proposed development shall be required to be undertaken in accordance with a
development permit, including plans and drawings, and provisions for the maintenance
or restoration of shoreline vegetation;
b) road widenings may be required to the extent established in the Township and Muskoka
Official Plans;
c) in the case of commercial development, facilities may be required to provide access to
and from the lot, such as access ramps, curbings, turning lanes and traffic direction
signs;
d) lighting facilities shall be required to minimize the impacts on lake views, night skies and
environmental features;
e) walls, fences, hedges, trees, shrubs or other ground cover or facilities for the
landscaping of the lands or the protection of adjoining lands may be required;
f) in the case of commercial development, garbage storage facilities may be required;
g) easements may be required in favour of the municipality for the construction,
maintenance or improvement of watercourses, ditches, land drainage works and other
public utilities;
6-1
The development permit system allows for the imposition of conditions that must be
fulfilled prior to the issuance of a development permit and conditions that must be
fulfilled as part of a development permit. In addition, agreements may be registered on
title. One of the advantages of this new planning system is that agreements should
generally not be required to be registered (as was previously the case with the site plan
control system) and it is intended that in the vast majority of cases, agreements will not
be necessary. Examples where they may be necessary include substantial shoreline re-
vegetation requirements, road widening requirements and easement requirements. In
general, agreements may be necessary where more than 65% of a shoreline has been
cleared.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
h) in the case of commercial development, facilities may be required for the disposal of
storm, surface and waste water from the land and from any buildings or structures
thereon;
i) the dedication of parkland or the payment of cash-in-lieu, equal to 2% of the land for
commercial development and 5% of the land for all other development may be required,
except where it has already been taken at the time of lot creation, for new lot creation or
changes in land use;
j) maintenance of any of the works described in subsections (a) to (i) above;
k) in the case of a lot where development constraints, as set forth in the Official plan and
further defined in this by-law, exist, a site evaluation may be required;
l) in the case of development which is suspected to be within an area prone to flooding or
erosion, a technical report may be required to confirm the flood or wave uprush hazard
and if necessary, to demonstrate that a building can be appropriately floodproofed, or to
demonstrate that there will be no significant off-site impacts.;
m) in the case of development within 400 metres (1312 ft.) of the design limit of a sewage
lagoon facility, a technical report recommending mitigation measures that may be
required;
n) in the case of development within 300 metres (984 ft.) of an active pit or 500 metres
(1640 ft.) of an active quarry, an impact assessment to determine the compatibility of the
proposed land use and to recommend mitigation measures may be required;
o) in the case of a lot which has suspected soil contamination constraints, an
environmental site assessment shall be required;
p) a noise report shall be required where commercial development is likely to have an
impact on adjacent uses, or where a sensitive land use is proposed in the vicinity of a
noise generator such as a railway, highway, commercial or industrial use:
q) a site evaluation may be required where a development
i.
is located within 120 metres of a provincially significant wetland, or within 30
metres of any other wetland
ii.
is located within 30 metres of a coldwater stream;
iii. is located on or immediately adjacent to a steep slope
iv. is located within a deer wintering area
v.
is located within a natural heritage area
r) in the case of a lot containing or abutting Type 1 fish habitat or unknown fish habitat, a
fish habitat impact assessment may be required if development is proposed within the
shoreline yard, or if a variation to the shoreline yard is requested;
6-2
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
s) in the case where action is recommended by a technical report, conditions which
address the recommendations, including siting requirements that exceed minimum
requirements may be imposed.
6.2
When a development permit is required for a discretionary use or when the use requires a
variation from the standards, the following conditions may be applied, in addition to those
included in Section 6.1 above:
a) in the case of a golf course, a hydrogeological assessment, a surface water impact
assessment, a pesticide and chemical management plan and an operation and
management plan shall be required:
b) a visual impact analysis may be required;
c) a lighting impact analysis may be required;
d) a land use compatibility analysis may be required;
e) in the case where action is recommended by a technical report, conditions which
address the recommendations may be imposed.
6.3
Where a development permit is required for the discretionary uses of a single detached
dwelling or a new residential group home, a Phase 2 Water Quality Impact Assessment will
be required that at a minimum demonstrates that building and septic system envelopes,
together with appropriate mitigation measures, including but not limited to, detailed
construction mitigation plans, shoreline setbacks and buffers will protect water quality and
where these requirements are implemented in the development permit. In addition, the use
of a septic system with soils that have a demonstrated ability to effectively eliminate
phosphorus will be required.
6.4
Where provided for in the provisions of this by-law, development may be required to be
undertaken in accordance with plans and drawings, including provisions for the maintenance
or restoration of shoreline vegetation.
6-3
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
7. EXCEPTIONS
WR-E1
On lands designated WR-E1, as shown on Schedule "A" attached hereto, Part 1, Plan
35R-5656 and Part 1, Plan 19R- 1605 are deemed to be one lot for the purposes of this
By-law.
WR-E2
Lands designated WR-E2, as shown on Schedule "A" attached hereto are deemed to be
one lot for the purposes of this By-law.
WR-E3
On lands designated WR-E3, as shown on Schedule "A" attached hereto, Parts 4, 8, 9,
10, 11, 12 and 13 of Plan 35R-8487 are deemed to be one lot for the purposes of this By-
law.
WR-E4
On lands designated WR-E4, as shown on Schedule "A" attached hereto, Parts 2, 6 and 7
of Plan BR-261 are deemed to be one lot for the purposes of this By-law.
WR-E5
Lands designated WR-E5, as shown on Schedule "A" attached hereto are deemed to be
one lot for the purposes of this By-law.
WR-E6
On lands designated WR-E6, as shown on Schedule "A" attached hereto, Parts 6, 12, 14,
16 and 18 on Plan 35R-3481 are deemed to be one lot for the purposes of this By-law.
WR-E7
On lands designated WR-E7, as shown on Schedule "A" attached hereto, Block A on Plan
M195 and Part 2 on Plan 35R-14634 are deemed to be one lot for the purposes of this By-
law.
WR-E8
On lands designated WR-E8, as shown on Schedule "A" attached hereto, Parts 77 and 78
on Plan BR-1119 are deemed to be one lot for the purposes of this By-law.
WR-E9
On lands designated WR-E9, as shown on Schedule "A" attached hereto, Parts 39 and 40
on Plan BR-1119 are deemed to be one lot for the purposes of this By-law.
WR-E10
On lands designated WR-E10, as shown on Schedule "A" attached hereto, Lots 3, 4 and 5
on Plan M-34 are deemed to be one lot for the purposes of this By-la
WR-E11
On lands designated WR-E11, as shown on Schedule "A" attached hereto, the minimum
required lot area are 1.6 hectares.
WR-E12
On lands designated WR-E12, as shown on Schedule "A" attached hereto, Parts 2, 7, 10
and 11 on Plan 35R-10591 are deemed to be one lot for the purposes of this By-law.
WR-E13
On lands designated WR-E13, as shown on Schedule "A" attached hereto, Parts 1 and 4
on Plan 35R-12284 are deemed to be one lot for the purposes of this By-law.
WR-E14
On lands designated WR-E14, as shown on Schedule "A" attached hereto, Lot 1 on Plan
M195 and Part 1 on Plan 35R-14634 are deemed to be one lot for the purposes of this By-
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
law.
WR-E15
On lands designated WR-E15, as shown on Schedule "A" attached hereto, Part 1 on Plan
35R-11403 and Parts 1 and 2 of Plan RD-484 are deemed to be one lot for the purposes
of this By-law.
WR-E16
On lands designated WR-E16, as shown on Schedule "A" attached hereto, Part 1 on Plan
BR-1294, including Parts 1, 5 and 6 of Plan 35R-16442 are deemed to be one lot for the
purposes of this By-law.
WR-E17
On lands designated WR-E17, as shown on Schedule "A" attached hereto, Part 2 on Plan
BR-1294, including Parts 7, 9 and 10 on Plan 35R-16442 are deemed to be one lot for the
purposes of this By-law.
WR-E18
Lands designated WR-E18, as shown on Schedule "A" attached hereto are deemed to be
one lot for the purposes of this By-law.
WR-E19
On lands designated WR-E19, as shown on Schedule "A" attached hereto, Parts 4, 5, 8, 9
and 12 on Plan 35R-10591 are deemed to be one lot for the purposes of this By-law.
WR-E20
On lands designated WR-E20, as shown on Schedule "A" attached hereto, Lots 16 and 17
on Plan M-19 are deemed to be one lot for the purposes of this By-law.
WR-E21
On lands designated WR-E21, as shown on Schedule "A" attached hereto, Part 3, Plan
35R-7994 and Part 3, Plan 35R-9403 are deemed to be one lot for the purposes of this
By-law.
WR-E22
Lands designated WR-E22, as shown on Schedule "A" attached hereto, are deemed to be
one lot for the purposes of this By-law.
WR-E23
Lands designated WR-E23, as shown on Schedule "A" attached hereto, are deemed to be
one lot for the purposes of this By-law.
WR-E24
On lands designated WR-E24, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area, except that the minimum easterly interior side yard setback for
any shoreline structure is 25 metres.
WR-E25
On lands designated WR-E25, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area, except that the minimum lot area shall be 11.9 ha and the
minimum water frontage shall be 167.5 metres.
WSC-E26
All lands designated WSC-E26, as shown on Schedule "A" attached hereto, shall be
deemed to be one lot for the purposes of this By-law. In addition, the following uses shall
also be permitted:
Bed and breakfast, commercial;
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Institutional tourist establishment;
Tourist establishment;
Motel;
Resort;
Restaurant.
Notwithstanding Section 5.2.6 of this By-law, a total lot coverage of 30% shall be
permitted.
WSC-E27
All lands designated WSC-E27, as shown on Schedule "A" attached hereto, shall be
deemed to be one lot for the purposes of this By-law. In addition the following uses shall
also be permitted:
Bed and breakfast, commercial;
Institutional tourist establishment;
Tourist establishment;
Motel;
Resort;
Restaurant.
Notwithstanding Section 5.2.6 of this By-law, a total lot coverage of 30% shall be
permitted.
WR-E28
"On lands designated WR-E28, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area, except that two dwellings shall be permitted.
i) Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
8.5 ha (21 ac)
None
None
b) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
396 metres
(1299 ft)
None
None
c) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
Shoreline lot on a
Township Road
241.7 metres
(792 ft)
None
None
"
WR-E29
On lands designated WR-E29, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Development Permit Area, except that two dwellings shall be permitted.
WR-E30
On lands designated "WR-E(30)", as shown on Schedules "A" and "B" attached hereto, no
person shall undertake any development except in accordance with the provisions of the
"Waterfront Residential" development permit area, subject to the following exemptions:
Uses Permitted:
a maximum of six (6) detached single family dwellings as shown on Schedule "B"
Zone Provisions:
a) Lot area (minimum):
1.4 hectares
b) The six (6) detached single family dwellings as shown on Schedule "B" shall be
subject to the following regulations:
Detached Single Family Dwelling
Regulation:
1
2
3
4
5
6
Water
Setback:
(minimum)
existing
existing
35metres
existing
existing
35 metres
Exterior side
yard:
(minimum)
11 metres
11 metres
11 metres
11 metres
7.7
metres
11 metres
Gross Floor
area:
(maximum)
1991 sq ft
1991 sq ft
1991 sq ft
1744 sq ft
1744 sq ft
1991 sq ft
Detached Single Family Dwelling
Regulation:
1
2
3
4
5
6
No.
of
Bedrooms
3
3
3
3
3
3
Height:
(maximum)
existing
existing
9.0 metres
See
provision
"d"
See
provision
"d"
9.0 metres
c) There shall be no increase in the width of the footprint of the wall located adjacent to the
shoreline for each of nearest single family dwelling nos. 4 and 5. The width of the foot print
of the wall located nearest to the shoreline for each of detached single family dwelling nos.
3 and 6 shall not exceed 8.5 metres;
d) Detached single family dwelling nos. 4 & 5 as shown on Schedule "B" to By-law 03-62 may
be erected, rebuilt or repaired only to the extent that any interior habitable room located
above the first storey which is nearest to the shoreline, shall be located within a roof line
which is attached to the first storey. The maximum height of these buildings shall be 8.0
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
metres. Height means the vertical distance between the existing finsihed grade to the
highest point of the roof, excluding any accessory roof construction such as chimneys,
steeples or antennae;
e) The maximum number of dwellings for this lot shall be six (6), as illustrated on Schedule
"B" attached;
f)
No accessory structure, other than a boathouse or a dock, shall be located between the
shoreline and the existing and/or permitted detached single family dwellings;
g) Sleeping cabins are prohibited.
h) Notwithstanding the shoreline activity area coverage provisions, the total maximum lot
coverage for this lot shall be 6 %, as illustrated on Schedule "B";
WR-E31
On lands designated WR-E31, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area, except that a cemetery and a church are permitted in addition
to the other permitted uses.
WOS-E32
On lands designated WOS-E32, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Open space"
Development Permit Area, except that the only permitted building or structure is a dock.
WR-F-E33
On lands designated WR-F-E33, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area, except that no openings to a habitable area of any building
shall be located below the elevation of 311.6 metres above sea level according to the
Geodetic Survey of Canada datum.
WRC-E34
On lands designated WRC-E34, on Schedule "A" attached hereto, no person shall use
any lot, alter or use any building or structure except in accordance with the "Waterfront
Resort Commercial" Development Permit Area provisions, subject to the following
exceptions:
a)
Gross Floor area (maximum)
535 sq. m.
(not devoted to Guest Rooms or Rental Cabins)
b)
Guest Rooms or Rental Cabins (maximum)
26
c)
Gross Floor area (maximum)
150 sq. m.
(for each Guest Room or Rental Cabin)
d)
Gross Floor area (average)
55 sq. m.
(including all Guest Rooms and Rental Cabins)
"In addition, Lands designated WRC-E130 and lands designated WRC-E34, as shown on
Schedule "A" attached hereto are deemed to be one lot for the purposes of this By-law."
WR-E35
On lands designated WR-E35 on Schedule "A", attached hereto, buildings and structures
shall be located, developed, rebuilt or repaired only to the extent that they are shown on
Schedule "B" attached hereto, without an amendment to the By-law.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E36
On lands designated WR-E36 on Schedule "A" attached hereto, the provisions of the
Waterfront Residential Development Permit Area shall apply except that a boathouse shall
not be permitted.
WR-E37
On lands designated WR-E37 on Schedule "A" attached hereto, the provisions of the
Waterfront Residential Development Permit Area shall apply except that the minimum lot
area shall be 1 hectare.
WR-E38
On lands designated WR-E38, on Schedule "A" attached hereto, the uses and provisions
of the Waterfront Residential Development Permit Area shall apply except that a sleeping
cabin shall not be permitted and the maximum gross floor area of the dwelling shall not
exceed 55 square metres.
WR-E39
On lands designated WR-E39, as shown on Schedule "A" attached hereto, the lands shall
be developed in accordance with the provisions of Schedule "B" attached hereto.
WR-E40
On lands designated WR-E40, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions except that
two sleeping cabins - the first having
a maximum gross floor area of 29 square metres (312 square feet) and the second having
a maximum gross floor area of 89.1 square metres (960 square feet) shall be permitted.
WR-E41
On lands designated WR-E41, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the Waterfront Residential
Development Permit Area except that the only permitted shoreline structure is a dock.
WR-E42
On lands designated WR-E42, on Schedule "A" attached hereto, no person shall
undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, subject to the following exemptions:
Permitted Uses:
three detached dwellings;
two sleeping cabins - the first having a maximum gross floor area of
18.2 square metres (195.2 square feet) and the second having a
maximum gross floor area of 61.8 square metres (664.4 square
feet).
WR-E43
On lands designated WR-E43, on Schedule "A" attached hereto, no person shall
undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions except that:
two sleeping cabins, each having a maximum gross floor area of 29 square metres,
may be permitted, so long as they remain an accessory use to a permitted dwelling
on a lot which complies with the minimum requirements of this By-law, for lot area,
road frontage and water frontage.
WR-E44
On lands designated WR-E44, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Development Permit Area provisions, subject to the following exceptions:
a)
A sleeping cabin may be permitted in the second storey of an existing boathouse;
b)
The maximum gross floor area for a sleeping cabin shall not exceed 55.74 square
metres;
c)
An existing boathouse containing a sleeping cabin in the second storey, as well as an
existing private garage may continue to exist in the absence of a permitted single
family dwelling house;
d)
The existing boathouse containing a sleeping cabin in the second storey shall not
exceed 5.5 metres in height; and
e)
An existing private garage may be located 15 metres from the shoreline.
WSC-E45
On lands designated WSC-E45 on Schedule "A" attached hereto, the provisions of the
Waterfront Service Commercial (WSC) Development Permit Area shall apply except that
the following uses shall also be permitted:
Bed and breakfast, commercial;
Institutional tourist establishment;
Tourist establishment;
Motel;
Resort;
Restaurant.
WR-E46
On lands designated WR-E46 on Schedule "A" attached hereto, the provisions of the
Waterfront Residential (WR) Development Permit Area shall apply except that three
dwellings are permitted and the minimum lot area is 18 hectares.
WR-E47
On the lands designated WR-E47, on Schedule "A" attached hereto, the provisions of the
Waterfront Residential (WR) Development Permit Area shall apply except that accessory
shoreline structures shall be limited to a private dock and a single access path, subject to
the following provisions:
a)
Maximum landscaped Open space:
1%
b)
Maximum private dock width:
2 metres
c)
Maximum private dock length:
7 metres
f)
Maximum single access path width:
2 metres
WRC-E48
On lands designed WRC-E48, as shown on Schedule "A" attached hereto, Parts 1, 3, 4,
6,and 9, Plan 35R-8561 shall be deemed to be one lot for the purposes of this By-law.
WRC-OS-
On lands designed WRC-OS-E49, as shown on Schedule "A" attached hereto, no person
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
E49
shall undertake any developments except in accordance with the "Waterfront Resort
Commercial" Development Permit Area provisions, except that any habitable structures
shall be discretionary uses, subject to the submission of a technical report to the
satisfaction of the Township that confirms the compatibility of the use with respect to an
identified active or inactive waste disposal site, as detailed in Schedule D.
In addition, Parts 1, 3, 4, 6,and 9, Plan 35R-8561 shall be deemed to be one lot for the
purposes of this By-law.
WRC-B-E50
On lands designed WRC-B-E50, as shown on Schedule "A" attached hereto, no person
shall undertake any developments except in accordance with the "Waterfront Resort
Commercial" Development Permit Area provisions, except that any habitable structures
shall be discretionary uses, subject to the submission of a technical report to the
satisfaction of the Township that confirms the compatibility of the use with respect to an
identified active or inactive waste disposal site, as detailed in Schedule D.
In addition, Parts 1, 3, 4, 6,and 9, Plan 35R-8561 shall be deemed to be one lot for the
purposes of this By-law.
WR-E51
On lands designated WR-E51, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, except that a minimum 15 metre side yard setback
shall be required.
WR-E52
On lands designated WR-E52, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, except that a dwelling shall be a discretionary use,
subject to the submission of a technical report to the satisfaction of the Township that
confirms the compatibility of the use with respect to an identified active or inactive waste
disposal site, as detailed in Schedule D.
WRC-OS-
E53
On lands designated WRC-OS-E53, as shown on Schedules "A" and "B" attached hereto,
no person shall undertake any development except in accordance with the "Waterfront
Resort Commercial - Open space" Development Permit Area provisions, subject to the
following exceptions:
1)
Permitted Uses:
a parking lot;
boat storage.
2)
Development Permit Area Provisions:
Lot area (minimum)
12.9 hectares
Road frontage (minimum)
25 metres
Front yard Depth (minimum)
120 metres
Interior side yard Width (minimum)
30 metres
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Rear yard Depth (minimum)
60 metres
3)
A parking lot means a parking area which serves the parking area on the lands
described as Parts 1, 2, 3, 4 and 5 on Plan 35R-14356, and the uses of land on
Bigwin Island, and has facilities for ingress and egress from District Road No. 117
and Old Highway No. 117.
4)
A parking area also means an area provided for the parking of motor vehicles and
seasonal storage of boats, snowmobiles, golf carts and related trailer, which are used
to facilitate access to Bigwin Island. The storage or dispensing of fuels or completion
of mechanical repairs to any motor vehicle, boat, snowmobile, golf cart or related
trailer on site is prohibited. This definition shall also include any related aisles,
parking spaces, ingress and egress lands but does not include any part of a street.
No buildings and structures are permitted except a boat storage structure and said
structure shall not exceed 10.5 metres in height.
5)
The front lot line shall be the lot line with the greater road frontage.
6)
The permitted parking lot and boat storage shall not, apart from ingress and egress
facilities, extend into any yard.
7)
Except to permit the construction of an access roadway, no tree removal will be
allowed within any of the yards outlined in Subsection 2 herewith. Furthermore,
within the front yard, no tress shall be removed within 60 metres of the surveyed top
of bluff. The location of the top of bluff shall be determined jointly by the Township
and Owner and is generally shown on Schedule "B".
8)
The land subject to the provisions shall not be used in accordance with this provision
until such time as the following documents are provided which have been completed
to the satisfaction of the Council of the Township:
a)
A Qualified Professional Engineer's report addressing the design, location and
construction of an access roadway which traverses the slope on the northern
portion of the site and provides consequent entry onto Old Highway No. 117;
b)
A Qualified Professional Engineer's report address the storm water management
and construction mitigation related to the development of the parking lot on the
subject lands;
c)
Enter into an agreement with the Township, which contains language that
requires, among other matters:
i)
the Owner to construct simultaneously both accesses to District Road
No. 117 and Old Highway No. 117 and to use both accesses;
ii)
the restriction of construction timing of the front yard access road from
the lifting of Half Load restrictions; and
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
iii) the completion of a pre-blast survey, acceptable to the municipality, be
completed at the owner's expense.
d) The registration of, against the title of the subject lands, the above noted
agreement.
WR-E54
On lands designated WR-E54, as shown in Schedules "A" and "B" attached hereto, no
person shall undertake any development except in accordance with the "Waterfront
Residential" Development Permit Area provisions, subject to the following exemptions:
Permitted Uses:
a maximum of six (6) detached single family dwellings
Development Permit Area Provisions:
a)
Lot area (minimum):
0.5 hectares
b)
Height of Building (maximum):
7.3 metres
c)
For purposes of this By-law, the Water Setback (minimum) for each of the permitted
dwellings and structures shall be as illustrated on Schedule "B" attached hereto;
d)
For purposes of this By-law, the Front yard Depth (minimum) for each of the permitted
dwellings and structures shall be illustrated on Schedule "B" attached hereto;
e)
For purposes of this By-law, the Interior side yard Width (minimum) for each of the
permitted dwellings and structures shall be as illustrated on Schedule "B" attached
hereto;
f)
For purposes of this By-law, the Rear yard Width (minimum) for each of the permitted
dwellings and structures shall be as illustrated on Schedule "B" attached hereto;
g)
For purposes of this By-law, the Dwelling unit Area (maximum) for each of the
permitted dwellings and structures shall be as illustrated on Schedule "B" attached
hereto;
h)
For purposes of this By-law, the Lot coverage (maximum) for this lot shall be 13%,
(including the shoreline activity area coverage and the lot coverage) as illustrated on
Schedule "B" attached hereto;
i)
For purposes of this By-law, the maximum number of dwellings per lot shall be six (6),
as illustrated on Schedule "B" attached hereto;
j)
The setback from a road shall be 0.0 metres;
k)
The water setback for the free standing decks and staircase providing access to the
dock shall be as illustrated on Schedule "B" attached hereto.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-F-E55
On lands designated WR-F-E55, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, subject to the following exemptions:
a)
The minimum water setback shall be as illustrated on Schedule "B" attached hereto;
b)
For purposes of this By-law, the minimum floor elevation of a dwelling unit shall be
316.19 metres A.S.L..;
c)
The minimum easterly interior side yard setback for any shoreline structure shall be
25 metres;
d)
No building or structure that is erected on or over land covered by water, shall be
situated closer than 25 metres from the production of the land covered by water of the
easterly side lot line of the adjacent lot.
WOS-E56
On lands designated WOS-E56, as shown on Schedule "A" attached hereto, no person
shall undertake any development unless a Development Permit is obtained. In order to
issue a Development Permit, an Impact Assessment may be required by the Township.
WR-F-E57
On lands designated WR-F-E57, as shown on Schedule "A" attached hereto, no person
shall undertake any development unless a Development Permit is obtained. In order to
issue a Development Permit, an Impact Assessment may be required by the Township.
WRC-E58
On the lands designated WRC-E58, on Schedule "A" attached hereto, no person shall
undertake any development for any purpose except one or more of the following special
uses:
a)
Permitted Uses:
an accessory dwelling;
a campground
a trailer park
b)
Special Provisions for WRC-E58 Development Permit Area
Minimum Lot area
5.9 hectares
WEP-E59
On lands designated WEP-E59, as shown on Schedule "A" attached hereto, no shoreline
structures shall be permitted.
WRC-B-E60
On lands designed WRC-B-E60, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Resort
Commercial" Development Permit Area provisions, except that any habitable structures
shall be discretionary uses, subject to the submission of a technical report to the
satisfaction of the Township that confirms the compatibility of the use with respect to an
identified active or inactive waste disposal site, as detailed in Schedule D.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WSC-B-E61
On lands designed WSC-B-E61, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Service
Commercial - Backlot" Development Permit Area provisions, except that the only permitted
uses include boat storage and a septic system accessory to Waterfront Resort
Commercial properties. Discretionary uses include an accessory dwelling and staff
quarters accessory to Waterfront Resort Commercial properties.
A development permit may only be issued for a discretionary use, provided that a
technical report is submitted to the satisfaction of the Township that confirms the
compatibility of the use with respect to an identified active or inactive waste disposal site,
as detailed in Schedule D.
WR-E62
On lands designated WR-E62, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, subject to the following exemptions:
a)
The minimum Lot area shall be
1.22 hectares
b)
For purposes of this By-law the Water Setback (minimum) for the various buildings
and structures located on the lot shall be as follows:
i) existing dwelling
17.4 metres from the northwest corner
of the existing dwelling;
ii) free standing deck
9.7 metres from the northeast corner
of the free standing deck;
7.9 metres from the northwest corner of free
standing deck;
iii) staircase for access to
shoreline:
0.0 metres
WR-E63
On lands designated WR-E63, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, subject to the following exceptions:
a)
Lot area (minimum):
0.8 hectares
b)
Lot Frontage (minimum)
60 metres
c)
For purposes of this by-law, the portion of the lot included within the "Environmental
Protection (EP)" Development Permit Area shall be included in the calculation of the
lot area and lot frontage provisions of the WR with an exception (WR-E63)
Development Permit Area.
WR-E64
On lands designated as WR-E64, as shown on Schedule "A" attached hereto, a clubhouse
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
shall be permitted as an accessory use to a private club.
WRC-OS-
E65
On lands designated WRC-OS-E65, as shown on Schedule "A" attached hereto, no
person shall undertake any development except in accordance with the "Waterfront Resort
Commercial Open space" Development Permit Area provisions except that the following
non residential uses are permitted: transportation facilities to Bigwin Island, commercial
parking, a waster transfer facility, a business office, an accessory retail store limited to a
maximum of 13.9 square metres of gross floor area, and a marshalling area for
construction materials. The minimum number of parking spaces for the golf course located
on Part of Lots 19, 20, 21, 22, 23, 24 and 25 and the Original Shore road allowance in
front thereof, Concession 2, Franklin Ward, shall not be less than 110 spaces.
WR-E66
On lands designated WR-E66, on Schedules "A" and "B" attached hereto, no person shall
undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, subject to the following exemptions:
a)
Permitted Uses will be limited to:
a multiple dwelling house with a
maximum of 79 dwelling units
b)
Development Permit Area Provisions:
Minimum Lot area shall be:
5.4 hectares
Minimum Water frontage shall be:
220 metres
Minimum Front yard Depth shall be:
65.0 metres
c)
On lands designated WR-E66 no building or structure, other than a dock or a marina,
may be located less that 65 metres from the high water mark of a navigable
waterway.
WSC-B-E67
On lands designated WSC-B-E67, as shown on Schedule "A", attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Service
Commercial" Development Permit Area provisions, except that the following additional
uses shall be permitted:
boat and recreational vehicle establishment
service or repair establishment
restaurant
office
home occupation
club
bed and breakfast establishment
tavern
resort
retail store
WR-E68
On lands designated WR-E68, as shown on Schedule "A", attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, subject to the following exemptions:
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DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
a)
The minimum water setback shall be 18.9 metres;
b)
The interior side yard setback for the framed shed shall be 1.98 metres.
WR-E69
On lands designated WR-E69, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, subject to the following exemptions;
a)
Lot area (minimum);
1.99 hectares
b)
Road frontage (minimum)
20 metres
c)
Parts 1, 2, and 3, Plan 35R-29555 shall be deemed as one lot for the purposes of this
By-law.
WR-E70
On lands designated WR-E70, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, subject to the following exemptions:
a)
For purposes of this by-law, the portion of the lot included within the "Environmental
Protection (EP)" Development Permit Area shall be included in the calculation of the
lot area and lot frontage provisions of the "Waterfront Residential" Development
Permit Area;
b)
For purposes of this by-law, where a portion of the lot is within the "Waterfront
Environmental Protection (WEP)" Development Permit Area, the side yard setback
shall be measured from the EP Development Permit Area boundary.
c)
For purposes of this by-law, where a portion of the lot is within the "Waterfront
Environmental Protection (WEP)" Development Permit Area, the interior side yard
setback for any shoreline structure shall be 4.5 metres from the WEP Development
Permit Area boundary.
WR-E71
On lands designated WR-E71, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, except that the minimum front yard setback shall be
20 metres.
WR-E72
On lands designated WR-E72, as shown on Schedule "A" attached hereto, in addition to
those uses permitted in the Waterfront Residential development permit area, the following
uses will be permitted:
a)
A home occupation may be conducted from the dwelling unit and a permitted
accessory building.
b)
The craft making portion of the home occupation conducted within the dwelling unit
shall not exceed 65 square metres. The woodworking portion of the home occupation
conducted within the accessory building shall not exceed 77.3 square metres. The
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
wood storage portion of the home occupation conducted within the accessory building
shall not exceed 29 square metres.
c)
No building which is accessory to a permitted residential use shall exceed 7.02
metres in height.
WR-E73
On lands designated WR-E73, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions except that the minimum lot area shall be 4 hectares.
WR-E74
On lands designated WR-E74, as shown on Schedule "A" attached hereto, no person
shall undertake any development except in accordance with the "Waterfront Residential"
Development Permit Area provisions, except that the minimum lot area shall be 6
hectares.
WR-E75
On lands designated "WR-E75" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
subject to the following exceptions:
(a) Lot area (minimum):
0.8 hectares
(b) Water frontage (minimum):
120 metres
(c)) Additionally, on Part of Lot 10, and all of Lots 8 and 9, Plan 35M-698,the
minimum setback from the shoreline shall be 36 metres.
WR-E76
On lands designated "WR-E76" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
subject to the following exceptions:
(a) Shoreline yard (minimum):
30 metres
(b) Notwithstanding Clause (a) herein, a reserve leaching bed may be set back a
minimum distance of 20 metres from the shoreline on Lot 18, Plan 35M-698.
WR-E77
On lands designated "WR-E77" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that the minimum shoreline yard shall be 36 metres.
WOS-E78
On lands designated "WOS-E78" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WOS Development Permit Area provisions,
subject to the following exceptions:
a) A golf course shall be a permitted use in addition to the other uses permitted in
the WOS Development Permit Area.
b) Notwithstanding any provision of this by-law to the contrary, a clubhouse shall be
permitted as an accessory use to a golf course.
c) For the purposes of this exception, a "clubhouse" shall mean a building or part of
a building in which food and beverages are offered for sale to the public for
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
immediate consumption on or about the premises. This definition does not
include a boarding or lodging house. Said building or a part of a building, may
also be used for the purpose of offering or keeping for sale at retail, golf related
goods, wares, and merchandise. In addition, any aspect of conducting business
services related to the operation of the golf course is permitted within the
"clubhouse" building.
d) The minimum number of parking spaces, located on Part Lot 23, Concession 13,
Ridout Ward, now in the Township of Lake of Bays, for such golf course shall be
not less than 110 spaces.
WR-E79
On lands designated "WR-E79" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the "Waterfront Residential" Development Permit
Area provisions, except that the minimum water frontage shall be 70 metres. "Minimum lot
frontages, if any, and minimum lot areas, shall be determined through a site specific
amendment to this by-law in order to allow for future phasing within Block 78, Plan 35M-698
for future resort commercial development."
WR-E80
On lands designated "WR-E80" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions and
Schedule "B".
WR-E81
On lands designated "WR-E81" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that the shoreline yard shall be a minimum of 18.9 metres.
WSC-B-E82
On lands designated "WSC-B-E82" on Schedule "A" hereto, no person shall undertake
any development except in accordance with the WSC-B Development Permit Area
provisions, except that a parking lot shall also be permitted, subject to a 15 metre buffer
being maintained along Port Cunnington Road.
WOS-E83
On lands designated "WOS-E83" on Schedule "A" hereto, no development shall be
permitted.
WR-E84
On lands designated "WR-E84" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that the shoreline yard shall be a minimum of 20 metres.
WR-E85
On lands designated "WR-E85" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that the minimum water frontage shall be 121 metres.
WR-E86
On lands designated "WR-E86" on Schedule "A" and "B" attached hereto, no person shall
undertake any development except in accordance with the WR Development Permit Area
provisions, except for the following:
Area "A"
Minimum lot area:
5.7 hectares
Minimum road frontage:
128 metres
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Minimum setback from Fox Point road for sleeping cabin: 3.3 metres
In addition, Parts 1, 2, 4, 5, 6, 8, 16 and 18, Plan 35R-19915 shall be
deemed
to be one lot for the purposes of this by-law.
Area B
minimum front yard: 10 metres, measured from the westerly point of Part
14, Plan 35R-19915 and Part 1, Plan 35R-17026.
In addition, Parts 11, 12 and 14, Plan 35R-19915 shall be deemed to be one lot
for the purposes of this by-law.
-E87
Not used.
WR-E88
On lands designated "WR-E88" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that the minimum road frontage shall be 22 metres.
WR-E89
On lands designated "WR-E89" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following:
Minimum rear yard:
4 metres
Maximum height of garage: 6.1 metres
In addition, no habitable space shall be permitted in the garage.
WR-E90
On lands designated "WR-E90" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following:
a) The northerly interior side yard setback for any shoreline structure shall be 23
metres, and
b) No building or structure shall be situated closer than 23 metres from the
production over the land covered by water of the northerly side lot line of the
adjacent lot.
WR-E91
On lands designated "WR-E91" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following:
a) Minimum southerly interior side yard setback for any building or structure shall
be 9.1 m
b) No building or structure shall be situated closer than 9.1 metres from the
production over the land covered by water of the southerly side lot line of the
adjacent lot.
WR-E92
On lands designated "WR-E92" on Schedule "A" hereto, no person shall undertake any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
development except in accordance with the WR Development Permit Area provisions,
except for the following:
Minimum lot area:
0.11 hectares
Minimum road frontage:
88 metres
Minimum water frontage:
88 metres
Maximum dwelling area:
45 square metres.
WR-E93
On lands designated "WR-E93" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following:
a) the minimum northeasterly interior side yard setback for any shoreline structure
shall be 186 metres;
b) no building or structure shall be situated closer than 186 metres from the
production over the land covered by water at the northeasterly side lot line;
c) the minimum interior side yard setback from the northeasterly lot line shall be
100 metres; and
d) the minimum interior side yard setback from the westerly lot line shall be 9
metres.
WR-E94
On lands designated "WR-E94" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following:
a) minimum water frontage: 91 metres
b) minimum easterly interior side yard setback for any shoreline structure: 9 m
c) no building or structure shall be situated closer than 9 metres from the
production over the land covered by water at the northeasterly side lot line
.
WR-E95
On lands designated "WR-E95" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that the minimum southeasterly interior side yard setback for any dwelling shall be
30 metres.
WR-E96
On lands designated "WR-E96" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following:
a)
Minimum lot area:
.11 hectares
b)
Minimum road frontage:
33.5 metres
c)
Minimum water frontage:
38.4 metres
d)
Minimum shoreline yard:
9.1 metres for the dwelling and 4.6
metres for the attached deck
WR-E97
On lands designated "WR-E97" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following:
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
a)
Minimum lot area:
.31 hectares
b)
Minimum shoreline yard:
5.5 metres for the dwelling and 5.2
metres for the attached deck
c)
Minimum rear yard setback: 5.5 metres for the dwelling and 5.2
metres for the attached deck
WR-E98
On lands designated "WR-E98" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that the minimum lot area shall be .97 hectares and that notwithstanding the
shoreline activity area and other lot coverage provisions, the maximum total lot coverage
shall not exceed 10%. The maximum projection of any shoreline structure out over the
water shall not exceed 9.1 metres (29.9 feet).
WR-E99
On lands designated "WR-E99" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that a secondary suite is permitted until March 1, 2007, subject to the following:
a)
Minimum shoreline yard for a garage:
1.8 metres
b)
Northeasterly interior side yard setback:
2.7 metres
In addition, notwithstanding the shoreline activity area and other lot coverage provisions,
the maximum total lot coverage shall not exceed 16.4%.
WR-E100
On lands designated "WR-E100" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that the minimum lot area shall be 1.6 hectares.
WR-F-E101
On lands designated "WR-F-E101" on Schedule "A" hereto, no person shall undertake any
development except that no habitable structures shall be permitted below the 315.6 metre
G.S.C. contour (flood plain elevation) and the minimum rear yard setback shall be 140
metres.
WR-F-E102
On lands designated "WR-F-E102" on Schedule "A" hereto, no person shall undertake any
development except that no habitable structures shall be permitted below the 315.6 metre
G.S.C. contour (flood plain elevation) and the minimum rear yard setback shall be 120
metres.
WR-E103
On lands designated "WR-E103" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following:
a) Minimum lot area:
6.9hectares
b) Minimum shoreline yard:
20 metres
c) Minimum easterly interior side yard setback:
70.1 metres
d) minimum westerly interior side yard setback:
128 metres
e) no building or structure shall be situated closer than 70.1 metres from the
production over the land covered by water at the easterly side lot line .
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
f) no building or structure shall be situated closer than 128 metres from the
production over the land covered by water at the westerly side lot line .
WR-E104
On lands designated "WR-E104" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following:
a) Minimum lot area:
6.8 hectares
b) Minimum easterly interior side yard:
60 metres
c) no building or structure shall be situated closer than 60 metres from the
production over the land covered by water at the westerly side lot line .
WR-E105
On lands designated "WR-E105" on Schedules "A" and "B" hereto, no person shall
undertake any development except in accordance with the WR Development Permit Area
provisions, except that the only permitted development in the area shown in a cross-hatch
on Schedule "B" shall be accessory structures or an accessory staircase.
WR-E106
On lands designated "WR-E106" on Schedules "A" and "B" hereto, no person shall
undertake any development except in accordance with the WR Development Permit Area
provisions, except for the following provisions:
LOT A
a) Minimum lot area:
5.7 hectares
b) Minimum easterly interior side yard
setback for shoreline structures:
119 metres
LOT B
a) Minimum lot area:
6.5 hectares
b) Minimum westerly interior side yard
setback for shoreline structures:
100 metres
LOT C
a) Minimum lot area:
6.3 hectares
b) Minimum easterly interior side yard
setback for shoreline structures:
185 metres
c) Minimum westerly interior side yard
setback for shoreline structures:
121 metres
WR-E107
On lands designated "WR-E107" on Schedules "A" and "B" hereto, no person shall
undertake any development except in accordance with the WR Development Permit Area
provisions, except for the following provisions:
a) Minimum lot area:
647 square metres
b) Minimum rear yard:
0 metres
c) Minimum lot depth:
23 metres
d) Maximum lot coverage:
16.2%
WR-E108
On lands designated "WR-E108" on Schedule "A" hereto, no person shall undertake any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
development except in accordance with the WR Development Permit Area provisions,
except that habitable space is not permitted above the garage and the following
provisions:
a) Minimum water setback
20 metres
b) Maximum height of garage:
5.5 metres
WR-E109
On lands designated "WR-E108" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following provisions:
a) Minimum lot area:
1255 square metres
b) Minimum road frontage:
20 metres
c) Minimum water frontage:
29 metres
d) Minimum interior side yard:
3.7 metres
e) Maximum lot coverage:
16.9%
WR-E110
On lands designated WR-E110, as shown on Schedules "A" and "B" attached hereto, Lot
19, Plan M171 and Parts 4 and5, Plan 35R17655 and Part of Lots 20 and 21, Plan M171
shall be deemed to be one lot for the purposes of this By-law. No person shall undertake
any development except in accordance with the WR Development Permit Area provisions,
except in accordance with Schedule "B" and the following provisions:
a) Lot coverage for Lot 19, Plan M171
and Parts 4 and 5, Plan 35R17655:
17.5%
b) Permitted uses for Lots 20 and 21,
Plan M171:
accessory garage
c) Lot coverage for Lots 20 and 21,
Plan M171:
2.5%
d) Minimum lot area for combined
properties:
0.43 hectares.
WR-E111
On lands designated "WR-E111" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following provisions:
a) Minimum lot area:
1216 square metres
b) Minimum road frontage:
26.5 metres
c) Minimum water setback:
11.6 metres
d) Minimum rear yard:
5.6 metres
e) Maximum lot coverage:
12.8%
WR-E112
On lands designated "WR-E112" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following provisions:
a) Minimum lot area:
315.2 square metres
b) Minimum road frontage:
19 metres
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
c) Minimum water frontage:
11 metres
d) Maximum lot coverage:
32%.
In addition, a Category 1 development permit will be required for any development.
WR-E113
On lands designated "WR-E113" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following provisions:
a) Minimum road frontage:
24 metres
b) Minimum water frontage:
27 metres.
In addition, a Category 1 development permit will be required for any development.
WR-E114
On lands designated "WR-E114" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following provisions:
a) Minimum lot depth:
22 metres
b) Minimum water setback:
14 metres.
In addition, a Category 1 development permit will be required for any development.
WR-E115
On lands designated "WR-E115" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that a sleeping cabin with a maximum floor area of 58 square metres and a
maximum height of 4.88 metres shall be permitted.
WR-116
On lands designated "WR-E116" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except for the following provisions:
a) Minimum lot area:
485 square metres
b) Minimum water setback:
11.6 metres for the dwelling
2.1 metres for the deck
c) Minimum rear yard:
0.3 metres for the dwelling
1.5 metres for the deck
4.5 metres for the boat ramp
d) Maximum lot coverage:
27%
WR-E117
On lands designated "WR-E117" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WR Development Permit Area provisions,
except that the existing frontage on Colonization Road is deemed to comply with the
public road provisions of this by-law. This road is not maintained by a public authority and
there shall be no obligation on the Township to provide road maintenance as is provided
to lots fronting on a year round publicly maintained public road.
WRC-OS-
On lands designated "WRC-OS-E118" on Schedules "A" and "B" hereto, no person shall
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
E118
undertake any development except in accordance with the WRC-OS Development Permit
Area provisions, except that the existing structures, as shown approximately on Schedule
"B" are permitted, subject to the following provisions:
Solitaire Lake Lodge (sleeping accommodation for 18 people)
Helve Fishing Lodge (sleeping accommodation for 8 people)
Helve Fishing Camp (sleeping accommodation for 8 people)
In addition, a lodge on Buck Lake, providing sleeping accommodation for a maximum of
16 people is permitted in approximately the location shown on Schedule "B", and subject
to the provisions of this by-law.
In addition, trails on the property, including those within the shoreline yard, are permitted
without the need to obtain a development permit, provided the average width does not
exceed 1.5 metres (5 feet).
WRC-E119
On lands designated "WRC -E119" on Schedule "A" hereto, no person shall undertake any
development except in accordance with the WRC Development Permit Area provisions,
except that permitted uses are limited to the following:
two accessory dwellings
an accessory two-unit dwelling
a home occupation
a resort
a hotel
a motel
a parking lot.
The provisions of the WRC Development Permit Area apply except for the following:
a) Minimum water frontage:
81 metres
b) Maximum lot coverage:
35%
c) Maximum number of accommodation units:
73
d) Maximum floor area of an accommodation
unit:
55 square metres
WR-E120
"On lands designated WR-E120 on Schedules "A" and "B" attached hereto, no person shall
undertake any development except in accordance with the WR Development Permit Area
provisions, except for the following:
Parcel 1
Minimum lot area:
0.19 hectares
Minimum water setback:
6 metres
Minimum lot depth:
23 metres
Minimum setback from a District road:
4.5 metres."
Parcel 2
Minimum water frontage:
56 metres
Minimum lot area:
0.22 hectares
Minimum water setback:
10.5 metres
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Minimum lot depth:
18.5 metres
Minimum setback from a District road:
6 metres.
WRC-E121
Idylwyld
"On lands designated "WRC-E121" on Schedules "A" and "B" attached hereto, no person
shall undertake any development except in accordance with the "WRC" Development Permit
Area provisions, except for the following:
MAXIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Gross Floor area
988 sq. m. per ha (4306 sq. ft.
per acre)
None
WRC-OS-
E122
Idylwyld
"On lands designated "WRC-OS-E122" on Schedules "A" and "B" attached hereto, no person
shall undertake any development except in accordance with the "WRC-OS" Development
Permit Area provisions, except that the only permitted or discretionary use is a pumphouse
and no vegetation removal or site alteration is permitted.
WRC-E124
Birkendale
"On lands designated "WRC-E124" on Schedules "A" and "B" attached hereto, no person
shall undertake any development except in accordance with the "WRC" Development Permit
Area provisions, except for the following:
MINIMUM
REQUIREMENTS
STANDARD
VARIATION
Shoreline Yard
30 m (100 ft.)
In accordance with
Schedule "B" as a Staff
Variation subject to the
submission and
implementation of a fisheries
assessment.
MAXIMUM
REQUIREMENTS
STANDARD
COUNCIL VARIATION
Gross Floor area (a)
988 sq. m. per ha (4306
sq. ft. per acre)
1115 sq. m. per ha (4861
sq. ft. per acre)
Lot coverage
15%
33% (up to 20% total)
(a) For the purposes of this exception, gross floor area means the total floor area
of all storeys contained within the exterior faces of the exterior walls of
accommodation or housekeeping units, including the space occupied by interior walls
and partitions, but not including exits, vertical service spaces and their enclosing
assemblies, decks or uncovered porches.
In addition, on lands designated "WRC-E124", a Category 1 staff development permit shall
be required prior to any site alteration or vegetation removal and shall be subject to the
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
submission of a plan showing the location of site alteration or vegetation removal in relation
to proposed buildings or structures.
WRC-E125
Boyce's Bay
"On lands designated "WRC-E125" on Schedule "A" attached hereto, no person shall
undertake any development except in accordance with the "WRC" Development Permit Area
provisions, except for the following:
MINIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Shoreline Yard
25 metres (82 feet)
None
MAXIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Gross Floor area (a)
988 sq. m. per ha (4306 sq. ft.
per acre)
None
Lot coverage
20%
None
(a) For the purposes of this exception, gross floor area means the total floor area
of all storeys contained within the exterior faces of the exterior walls of
accommodation or housekeeping units, including the space occupied by
interior
walls and partitions, but not including exits, vertical service spaces and
their
enclosing assemblies, decks or uncovered porches.
In addition, on lands designated "WRC-E125", a Category 1 staff development permit shall
be required prior to any site alteration or vegetation removal and shall be subject to the
submission of a plan showing the location of site alteration or vegetation removal in relation
to proposed buildings or structures.
WRC-E126
Bondi Village
"On lands designated "WRC-E126" on Schedule "A" attached hereto, no person shall
undertake any development except in accordance with the "WRC" Development Permit Area
provisions, except for the following.
MINIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Lot area
Existing
0.8 ha (2 acres) (b)
Road frontage
Existing
134 metres (440 feet)(b)
Water frontage
Existing
76.2 m (250 feet) (b)
MAXIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Gross Floor area (a)
988 sq. m. per ha (4306 sq. ft.
per acre)
None
(a) For the purposes of this exception, gross floor area means the total floor area of all
storeys contained within the exterior faces of the exterior walls of accommodation
or housekeeping units, including the space occupied by interior walls and
partitions, but not including exits, vertical service spaces and their enclosing
assemblies, decks or uncovered porches.
(b) The prerequisites for a Council Variation are the following:
i) The granting of a provisional consent under the Planning Act by the appropriate
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WRC-E127
authority;
ii) A consent agreement wherein the owner agrees that the parcels will be operated
as one resort
iii) A consent agreement wherein the owner agrees that any future down zoning
requests will be required to meet the tests outlined in the Official plan, as if the
parcel was still part of the larger parcel existing as of the date of approval of this
by-law; and
iv) An amendment to the development permit by-law that deems the parcels to be
one lot for the purposes of this by-law.
In addition, on lands designated "WRC-E126", a Category 1 staff development permit shall
be required prior to any site alteration or vegetation removal and shall be subject to the
submission of a plan showing the location of site alteration or vegetation removal in relation
to proposed buildings or structures.
Grove Park
"On lands designated "WRC-E127" on Schedule "A" attached hereto, no person shall
undertake any development except in accordance with the "WRC" Development Permit Area
provisions, except for the following:
i) The following lot frontage and area provisions shall apply:
MINIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Lot area
Existing
1.0 ha (2.5 acres) (a)
Road frontage
Existing
60 m (197 feet) on Old
Highway 117; 152 m (500 feet)
on new Highway 117 (a)
(a) The prerequisites for a Council Variation are the following:
i) The granting of a provisional consent under the Planning Act by the appropriate
authority;
ii) A consent agreement wherein the owner agrees that the parcels will be operated
as one resort
iii) A consent agreement wherein the owner agrees that any future down zoning
requests will be required to meet the tests outlined in the Official plan, as if the
parcel was still part of the larger parcel existing as of the date of approval of this
by-law; and
iv) An amendment to the development permit by-law that deems the parcels as one
lot for the purposes of this by-law.
ii) Within the first 76 metres (250 feet) of the lot line abutting Old Highway 117, the following
Gross Floor area provisions shall apply:
MAXIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Gross Floor area (a)
988 sq. m. per ha (4306 sq. ft.
per acre)
1056 sq. m. (4600 sq. ft. per
acre) (b)
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Lot coverage
10%
None
(a) For the purposes of this exception, gross floor area means the total floor area of all
storeys contained within the exterior faces of the exterior walls of accommodation or
housekeeping units, including the space occupied by interior walls and partitions, but
not including exits, vertical service spaces and their enclosing assemblies, decks or
uncovered porches.
(b) Subject to the removal of the two storey lodge building existing on the date of
the approval of this by-law
iii) On the balance of the lands designated WRC-E127 (lands beyond 250 setback from Old
highway 117), the following Gross Floor area provisions shall apply:
MAXIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Gross Floor area (a)
988 sq. m. per ha (4306 sq. ft.
per acre)
1239 sq. m. (5400 sq. ft. per
acre) (b)
Lot coverage
5%
None
(a) For the purposes of this exception, gross floor area means the total floor area of all
storeys contained within the exterior faces of the exterior walls of accommodation
or housekeeping units, including the space occupied by interior walls and
partitions, but not including exits, vertical service spaces and their enclosing
assemblies, decks or uncovered porches.
(b) Variation subject to submission and endorsement by the Township of a site plan
showing dispersion of units across the development permit area.
iv) On lands designated "WRC-E127", a Category 1 staff development permit shall be
required prior to any site alteration or vegetation removal and shall be subject to the
submission of a plan showing the location of site alteration or vegetation removal in relation
to proposed buildings or structures.
v) No vegetation removal or site alteration shall be permitted within 20 metres (66 feet) of the
property identified by roll number 442703001105400
WRC-E128
Lumina
"On lands designated "WRC-E128" on Schedule "A" attached hereto, no person shall
undertake any development except in accordance with the "WRC" Development Permit Area
provisions, except for the following:
MINIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Lot area
Existing
1.0 ha (2.5 acres) (b)
Road frontage
Existing
134 metres (440 feet)(b)
Water frontage
Existing
76 m (250 feet) (b)
Shoreline Yard (lands south of
creek)
30 m (100 feet)
Up to 33% (minimum of 20 m
(66 feet) (c)
Shoreline Yard (lands north of
creek)
30 m (100 feet)
Up to 10%
MAXIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Gross Floor area (a)
2065 sq. m. per ha (9000 sq.
ft. per acre)
2754 sq. m. per ha (12000 sq.
ft. per acre)
(a) Gross floor area, as defined in Section 4 of the Development Permit By-law.
(b) The prerequisites for a Council Variation are the following:
i) The granting of a provisional consent under the Planning Act by the appropriate
authority;
ii)A consent agreement wherein the owner agrees that the parcels will be operated
as one resort
iii) A consent agreement wherein the owner agrees that any future down zoning
requests will be required to meet the tests outlined in the Official plan, as if the
parcel was still part of the larger parcel existing as of the date of approval of this
by-law; and
iv) An amendment to the development permit by-law that deems the parcels to be
one lot for the purposes of this by-law.
(c) Subject to the following:
i) Removal of existing buildings within 20 m (66 feet) of the shoreline; and
ii) Maintenance or re-establishment, where necessary, of a vegetative buffer in
accordance with the provisions of this by-law.
On lands designated "WRC-E128", a Category 1 staff development permit shall be required
prior to any site alteration or vegetation removal and shall be subject to the submission of a
plan showing the location of site alteration or vegetation removal in relation to proposed
buildings or structures.
In addition, development shall not be permitted on lands shown in the cross-hatched area on
Schedule "B" attached hereto, except for a parking area on slopes of less than 15%.
WRC-E129
Lumina - The Point
Amend Schedule "A" by labelling the lands shown on the attached Schedule "B" as WRC-
E129 and insert a new site specific exception as follows:
"On lands designated "WRC-E129" on Schedule "A" attached hereto, no person shall
undertake any development except in accordance with the "WRC" Development Permit Area
provisions, except for the following:
MAXIMUM REQUIREMENTS
STANDARD
COUNCIL VARIATION
Gross Floor area (a)(b)
557 sq. m. (6000 sq. ft.) total
N/A
(a) Gross Floor area as defined in Section 4 of this By-law.
(b) For the entire area within the "WRC-E130" development permit area
In addition, the issuance of a development permit shall be subject to the following:
i) Removal of existing buildings within 20 m (66 feet) of the shoreline; and
ii) Maintenance or re-establishment, where necessary, of a vegetative
buffer in accordance with the provisions of this by-law.
iii) Establishment of a buffer along the northern lot line adjacent to the
parcel identified by roll number 442701001202800.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
On lands designated "WRC-E129", a Category 1 staff development permit shall be
required prior to any site alteration or vegetation removal and shall be subject to the
submission of a plan showing the location of site alteration or vegetation removal in
relation to proposed buildings or structures.
WRC-130
Port Cunnington Lodge
"On lands designated "WRC-E130" on Schedule "A" attached hereto, no person shall
undertake any development except in accordance with the "WRC" Development Permit Area
provisions, except for the following:
MINIMUM REQUIREMENTS
STANDARD
COUNCIL
VARIATION
REAR YARD
0 m
N/A
SIDE YARD
0 m
N/A
In addition, Lands designated WRC-E130 and lands designated WRC-E34, as shown on
Schedule "A" attached hereto are deemed to be one lot for the purposes of this By-law."
WRC-OS-
E131
Grove Park
"On lands designated "WRC-OS-E131" on Schedule "A" attached hereto, no person shall
undertake any development except in accordance with the "WRC-OS" Development Permit
Area provisions, except that no development shall be permitted within 20 metres (66 feet) of
the property identified by roll number 442703001105400 or within 20 metres (66 feet) of Old
Highway 117.
WR-E132
"On lands designated "WR-E132", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Zone provisions, subject to the following exemptions:
a) Despite the requirements of Section No. 4.64 a) to the contrary, the maximum
allowable length of a boathouse shall be 37 metres (122 ft).
b) Despite the requirements of Section No. 4.64 c) to the contrary, the maximum
allowable length of the dock shall be 40.2 metres (132 ft).
c) Despite the requirements of Section 4.70 to the contrary, the maximum allowable
shoreline activity areas permitted on or abutting a residential lot shall be three. Any
future vegetation removal or permitted structures will only be located within the
Shoreline activity areas associated with the main dwelling and shed, as identified
on the attached Schedule "B".
d) Zone Provisions:
k) MAXIMUM SHORELINE ACTIVITY AREA FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A waterfront
Maximum of
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
residential lot
28.6 metres (94
feet)
l) MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
All
49%
None
Any
"
WR-E133
"On lands designated "WR-E133", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Zone provisions, subject to the following exemptions:
i)
Zone Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
Minimum of 0.19
ha (0.46 ac) -
dryland
None
None
b) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
Minimum of 43.2
metres (142 ft)
None
None
c) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
Shoreline lot on a
Township road
Minimum of 40.3
metres (132.5 ft)
None
None
"
WR-E134
"On lands designated "WR-E134", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Zone provisions, subject to the following exemptions:
i)
Zone Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
Minimum of 0.15
ha (0.37 ac) -
dryland
None
None
b) MINIMUM WATER FRONTAGE FOR NEW LOT
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
All other situations
Minimum of 53.6
metres (176 ft)
None
None
"
WR-E135
"On lands designated "WR-E135", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Zone provisions, subject to the following exemptions:
a) Zone Provisions:
d) MINIMUM SHORELINE YARD
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A waterfront
residential lot
Maximum of 17.3
metres (56.7 ft)
for covered deck
"A"
None
Any
Maximum of 18.3
metres (60 ft) for
the proposed
dwelling
None
Any
Maximum of 16.8
metres (55 ft) for
covered deck "B"
None
Any
i) MAXIMUM LOT COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
14%
None
Any
"
Despite the requirements of Section 4.12 to the contrary, the maximum allowable area an
ornamental roof structure that contains no floor area shall be 4.65 square metres (50
sq.ft.).
WR-E136
"On lands designated "WR-E136", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the following exemptions:
i) Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
2.9 ha (7.1 ac)
None
None
b) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
122 metres
None
None
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
(400 ft)
c) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
Shoreline lot on a
Township Road
34.1 metres
(111.9 ft)
None
None
"
WR-E137
"On lands designated "WR-E137", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the following exemptions:
i) Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A new backlot with
public road frontage
11.5 ha (28.4 ac)
None
None
c) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
Backlot
237 metres
(777 ft)
None
None
"
WR-E138
"On lands designated "WR-E138", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the
following exemptions:
a) Despite the requirements of Section No. 4.64 a) to the contrary, the
maximum allowable length of a boathouse shall be 20 metres (66 ft).
b) Despite the requirements of Section No. 4.65 to the contrary, the minimum
interior side yard setback distance for a flat roofed boathouse shall be 5.5 metres (18±
feet) to the southeasterly corner of the boathouse which contains a peaked roof and
maintain a distance of 9.1 metres (30 feet) to the south east corner of the flat roofed
deck portion of the boathouse.
c) Provisions:
l) MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
All
58%
None
Any
"
WR-E139
"On lands designated "WR-E139", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
the WR Development Permit Area provisions, subject to the following exemptions:
a) Provisions:
c) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Backlot
133.1 metres
(436 f t)
3.6%
Over 3.6%
e) MINIMUM FRONT YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
For a backlot
30.48 metres
(100 ft)
None
Any
"
WR-E140
"On lands designated "WR-E140", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the following exemptions:
b) Provisions:
c) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Backlot
134.5 metres
(441 ft)
4.7%
Over 4.7%
"
WR-E141
"On lands designated "WR-E141", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the following exemptions:
a) For purposes of development, Lot 1 on plan M-295, Lot 5 on M-295 and Part 1 on
Plan 35R-8984 shall be treated as one property.
b) Zone Provisions for Lot 1 on Plan M-295 and Part 1 on 35R-8984:
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
8%
None
Any
c) Zone Provisions for Lot 5 on Plan M-295
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
5%
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
d) Provisions for combined properties
MINIMUM LOT AREA
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
0.8 ha (2 ac.)
None
Any
"
WR-E142
"On lands designated "WR-E142", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the following exemptions:
a) Despite the requirements of Section 4.5 to the contrary, the maximum floor area of
a sleeping cabin shall not exceed 83 square metres (888 sq. ft.).
b) Provisions:
d) MINIMUM SHORELINE YARD
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A waterfront
residential lot
2.7 metres (9 ft)
for Dwelling # 1
None
Any
3.5 metres (11.5
ft) for the addition
onto Dwelling # 1
None
Any
8.5 metres (28 ft)
for the porch onto
Dwelling # 1
None
Any
9.4 metres (31 ft)
for the attached
gazebo onto
Dwelling # 1
None
Any
4 metres (13 ft)
for a marine
storage building
None
Any
4.6 metres (15 ft)
for the deck
attached to the
marine storage
building
3.3 metres (11 ft)
for the attached
stairs associated
with the marine
storage building
None
Any
22.5 metres (74
ft) for a private
sleeping cabin
None
Any
20.7 metres (68
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
feet) for the porch
and deck
attached to the
private sleeping
cabin
f) MINIMUM INTERIOR SIDE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
1.2 metres (4 ft)
for an addition to
Dwelling # 1
None
Any
3.4 metres (11.3
ft) for an attached
porch located on
the easterly side
of Dwelling # 1
None
Any
k) MAXIMUM SHORELINE ACTIVITY AREA FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A waterfront
residential lot
28.7 metres (94
ft)
None
Any
l) MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
45%
None
Any
"
-E143
Not Used
WR-E144
"On lands designated "WR-E144", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the following exemptions:
a) For purposes of development, Part 1 on Registered Plan 35R-20509 and Parts 2
and 3 on Registered Plan 35R-20509 shall be treated as one property.
b) Zone Provisions for Part 1 on Registered Plan 35R-20509:
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
1.7%
None
Any
c) Zone Provisions for Parts 2 and 3 on Registered Plan 35R-20509:
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
VARIATION
6.3%
None
Any
MINIMUM FRONT YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Adjacent to a District
road
8.8 metres (29 ft)
for the garage
None
Any
d) Provisions for combined properties
MINIMUM LOT AREA
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
0.37 ha (0.91 ac.)
None
Any
"
WR-E145
"On lands designated "WR-E145", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the following exemptions:
a) Despite the requirements of Section No. 4.64 a) to the contrary, the maximum
allowable length of a boathouse shall be 20.9 metres (68.5 ft).
b) Despite the requirements of Section No. 4.64 c) to the contrary, the maximum
allowable length of the dock shall be 23.3 metres (76.5 ft).
c) Development Permit Area Provisions:
l) MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
All
41.2%
None
Any
"
WR-E146
"On lands designated "WR-E146", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the following exemptions:
a) For purposes of development, the lots described as Roll Nos. 030-011-09100 and
030-011-09101, also described as Parts 1 and 2 on the draft reference plan dated
April 26, 2006, shall be treated as one property.
b) Zone Provisions for Roll No. 030-011-09101 (Part 1 on a draft reference plan
dated April 26, 2006):
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
6.4%
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
c) Zone Provisions for Roll No. 030-011-09100 (Part 2 on a draft reference plan
dated April 26, 2006):
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COU NCIL
VARIATION
11.1%
None
Any
d) Provisions for combined properties
MINIMUM LOT AREA
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
0.47 ha (1.2 ac.)
None
Any
"
WR-E147
"On lands designated "WR-E147", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the WR Development Permit Area provisions, subject to the following exemptions:
i) MAXIMUM LOT COVERAGE
SITUATION
STANDARD(a)
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
8% with a
maximum of
655.94 sq.m.
(7060.7 sq.ft.)
footprint
constructed
between 20
metres and 60
metres of the
shoreline.
None
Any
f) MINIMUM INTERIOR YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
49.29 metres
None
Any
"
WR-E148
On-going
WR-E149
"On the lands designated "WR-E149" on Schedule "A" attached hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area, subject to the following
exceptions:
a)
Despite Section 5.1.1 (b) of By-law 04-180 to the contrary, the minimum water
frontage for new lots shall be 49.76 metres (existing).
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
b)
Despite Section 4.64 of By-law 04-180 to the contrary, a boathouse, boatport, and/or
dock are not permitted within the shoreline activity area."
WR-E150
"On the lands designated "WR-E150" on Schedule "A" attached hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area, subject to the following
exceptions:
a)
Despite Section 4.64 of By-law 04-180 to the contrary, all permitted accessory
marine structures shall not be constructed on cribs."
WR-E151
"On the lands designated "WR-E151" on Schedule "A" attached hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area, subject to the following
exceptions:
a)
Despite Section 4.64 of By-law 04-180 to the contrary, all permitted accessory
marine structures shall not be constructed on cribs."
WR-E152
"On the lands designated "WR-E152" on Schedule "A" attached hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area, subject to the following
exceptions:
a) Despite Section 4.64 of By-law 04-180, to the contrary, all permitted accessory
marine structures shall not be constructed on cribs."
WR-E153
"On the lands designated "WR-E153" on Schedule "A" attached hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area, subject to the following
exceptions:
a)
Despite Section 4.64 of By-law 04-180, to the contrary, all permitted accessory
marine structures shall not be constructed on cribs."
WR-E154
"On the lands designated "WR-E154" on Schedule "A" attached hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area, subject to the following
exceptions:
a)
Despite Section 4.64 of By-law 04-180, to the contrary, all permitted accessory
marine structures shall not be constructed on cribs."
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E155
"On the lands designated "WR-E155" on Schedule "A" attached hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area, subject to the following
exceptions:
a)
Despite Section 5.1.1 d) of By-law 04-180, to the contrary, the minimum shoreline
yard setback shall be 33 metres
b)
Despite Section 4.64 of By-law 04-180, to the contrary, all permitted accessory
marine structures shall not be constructed on cribs."
WR-E156
"On the lands designated "WR-E156" on Schedule "A" attached hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area, subject to the following
exceptions:
a)
Despite Section 5.1.1 d) of By-law 04-180, to the contrary, the minimum shoreline
yard setback shall be 32 metres
b)
Despite Section 4.64 of By-law 04-180, to the contrary, all permitted accessory
marine structures shall not be constructed on cribs."
WR-E157
(07-29)
"On the lands designated "WR-E157" on Schedule "A" attached hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area provisions amended by the
following:
i) Despite Section 4.21 of By-law 04-180, to the contrary, for the purpose of this By-law,
the minimum lot area for an existing vacant backlot shall be 0.45 hectares (1.1
acres)."
WR-E158
(07-30)
"On lands designated "WR-E158", as shown on Schedule "B" attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the Waterfront Residential Development Permit Area provisions, subject to the following
exemptions:
a) For purposes of development, the lots described as Roll Nos. 030-011-08900 and
030-011-08901, shall be treated as one property.
b) Zone Provisions for Roll No. 030-011-08100 (Waterfront Lot):
MAXIMUM LOT COVERAGE
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
8.7%
None
Any
c) Zone Provisions for Roll No. 030-011-08901 (Backlot):
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
0.0%
None
Any
d) Provisions for combined properties
MINIMUM LOT AREA (dryland portion)
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
0.26 ha (0.65 ac.)
None
Any
"
WR-E159
(07-40)
"On the lands designated "WR-E159", as shown on Schedule "B" attached to By-law 07-
40, no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area, amended by
the following:
a)
Despite Section 4.21 of By-law 04-180 to the contrary, for the purpose of this By-law,
the lot may be developed by way of a Category 1 Staff Development Permit provided
that there is a minimum 2.79 hectares (6.892 acres) of lot area and 331.8 metres
(1088.63 ft.) of frontage on a public road, and provided that the proposal complies
with all other provisions of the By-law.
b)
Notwithstanding any provision of this By-law to the contrary, on lands included within
the "WR-E(159) Development Permit Area", access may be provided by way of a road
allowance, however, there shall be no obligation on the Township to improve this road,
nor to provide the same level of road maintenance or emergency services as is
provided to lots fronting on an improved and maintained road."
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E160
(07-68)
"On the lands designated "WR-E160" on Schedules "B" and "C" attached to By-law 07-68,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area provisions,
subject to the following exemptions:
i)
Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, a dock shall only be permitted no closer than 30 metres (98 ft) from the straight
line extension of the northerly side lot line, and no closer than 56 metres (184 ft) from
the straight line extension of the southerly side lot line of Part 1 on Plan 35R-21668, as
shown on Schedule "C". The dock shall be no wider than 3 metres (10 ft).
ii) Despite Section 4.64 of By-law 04-180 to the contrary, for the purpose of this By-law, all
permitted accessory marine structures shall not be constructed on cribs.
iii) Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, a boathouse, boatport or swim platform may be permitted in accordance with
the shoreline activity area provisions of By-law 04-180, provided the structure is located
a minimum of 1.5 metres out into the water from the ordinary water's edge and joined to
the dry-land by the dock location identified in Subsection 2(i).
iv) Despite Section 4.84 of By-law 04-180 to the contrary, for the purpose of this By-law the
removal of vegetation within the shoreline activity area or shoreline buffer is not
permitted except for the purpose of the establishment of a pervious pathway of a width
not exceeding 1 metre or the removal of hazard or dead vegetation.
v) Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, access may be provided by way of other municipal roads and portions of a
Township of Lake of Bays road, however, there shall be no obligation on the Township
of Lake of Bays to improve any portions of road, nor to provide the same level of road
maintenance or emergency services as is provided to lots fronting on an improved and
maintained road.
vi) Zone Provisions:
Minimum Water
Frontage for New Lots
On a Category 2 Lake
120 metres
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E161
(07-68)
"On the lands designated "WR-E161" on Schedules "B" and "C" attached to By-law 07-68,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area provisions
amended by the following:
i)
Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, a dock shall only be permitted no closer than 40 metres (131 ft) from the straight
line extension of the southerly side lot line, and no closer than 57.9 metres (190 ft) from
the straight line extension of the northerly southerly side lot line of Part 2 on Plan 35R-
21668, as shown on Schedule "C". The dock shall be no wider than 3 metres (10 ft).
ii) Despite Section 4.64 of By-law 04-180 to the contrary, for the purpose of this By-law, all
permitted accessory marine structures shall not be constructed on cribs.
iii) Despite Section 4.64 of By-law 04-180 to the contrary, for the purpose of this By-law, a
dock accessed from dry-land may not exceed a width of 10 feet.
iv) Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, a boathouse, boatport or swim platform may be permitted in accordance with
the shoreline activity area provisions of By-law 04-180, provided the structure is located
a minimum of 1.5 metres out into the water from the ordinary water's edge and joined to
the dry-land by the dock location identified in Subsection 2(i).
v) Despite Section 4.84 of By-law 04-180 to the contrary, for the purpose of this By-law the
removal of vegetation within the shoreline activity area or shoreline buffer is not
permitted except for the purpose of the establishment of a pervious pathway of a width
not exceeding 1 metre or the removal of hazard or dead vegetation.
vi) Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, access may be provided by way of other municipal roads and portions of a
Township of Lake of Bays road, however, there shall be no obligation on the Township
of Lake of Bays to improve any portions of road, nor to provide the same level of road
maintenance or emergency services as is provided to lots fronting on an improved and
maintained road."
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E162
(07-97)
"On lands designated "WR-E162", as shown on Schedules "A" and "B" attached to By-law
07-97, no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area provisions,
subject to the following exceptions:
i)
Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, the placement of structures, removal of vegetation or site alteration are not
permitted within the first 30 metres (98 ft) from the waters edge identified on Parts 10
and 13 on Plan 35R-14629.
ii) Development Permit Area Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
17 ha (42 ac)
None
None
b) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD (a)
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
Existing (at inner limit) None
None
"
WR-E163
(07-97)
"On lands designated "WR-E163", as shown on Schedules "A" and "B" attached to By-law
07-97, no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area provisions,
subject to the following exceptions:
i) Development Permit Area Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
4.5 ha (11.2 ac)
None
None
b) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD (a)
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
121 metres (400 ft) at
water's edge
None
None
"
WR-E164
(07-97)
"On lands designated "WR-E164", as shown on Schedules "A" and "B" attached to By-law
07-97, no person shall use any lot or erect, alter or use any building or structure except in
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
accordance with the Waterfront Residential (WR) Development Permit Area provisions,
subject to the following exceptions:
i) Development Permit Area Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
6.7 ha (16.5 ac)
None
None
b) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD (a)
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
109 metres (360 ft) at
water's edge
None
None
"
WR-E165
(07-97)
"On lands designated "WR-E165", as shown on Schedules "A" and "B" attached to By-law
07-97, no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area provisions,
subject to the following exceptions:
i) Development Permit Area Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
1.3 ha (3.3 ac)
None
None
b) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD (a)
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
109 metres (360 ft) at
water's edge
None
None
"
WR-E166
(07-97)
"On lands designated "WR-E166", as shown on Schedules "A" and "B" attached to By-law
07-97, no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area provisions,
subject to the following exceptions:
i)
Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, the placement of structures, other than permitted shoreline activity area
structures are not permitted within the first 55 metres (180 ft) from the water's edge.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
ii) Development Permit Area Provisions:
a) MINIMUM LOT AREA FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
7.9 ha (19.5 ac)
None
None
b) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD (a)
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
30.4 metres (100 ft)
at water's edge
None
None
"
WR-E167
(07-94)
"On lands designated "WR-E167", as shown on Schedules "A" and "B" attached hereto, no
person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area provisions,
subject to the following exceptions:
a) For purposes of this By-law, the lots described as Roll No.'s 030-011-06100 and 030-
011-06101 (being Parts 1, 2 & 3 on Registered Plan 35R-12333 & Part 1 on Plan 35R-
21743), shall be treated as one property.
b) Area Provisions for Roll No. 030-011-06100 (Part 3 on Plan 35R-12333 & Part 1 on
Plan 35R-21742) (Backlot):
MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Existing
None
Any
c) Area Provisions for Roll No. 030-011-06101 (Part 2 on Plan 35R-12333) (Waterfront
Parcel):
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Existing
None
Any
d) Provisions for combined properties:
MINIMUM LOT AREA (dry land portion)
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
0.32 ha (0.787 ac.)
None
Any
"
WR-E168
(07-94)
"On lands designated "WR-E168", as shown on Schedules "A" and "B" attached hereto, no
person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area provisions,
subject to the following exceptions:
a) For purposes of this By-law, the lots described as Roll No.'s 030-011-06000 and 030-
011-06200, 030-011-06201 and 030-011-06001 (parts 2, 3 and 6 on Plan 35R-16158
and Parts 2, 3, 4, 6 & 7 on Plan 35R-21743), shall be treated as one property.
b) Area Provisions for Roll Nos. 030-011-06200 and 030-011-06000 (Parts 2 & 6 on
Plan 35R-21743 (Waterfront Parcels):
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Existing
None
Any
c) Provisions for combined properties:
MINIMUM LOT AREA (dry land portion)
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
0.79 ha (1.943 ac.)
None
Any
WR-E169
(08-53)
"On lands designated "WR-E169", as shown on Schedule "B" attached to By-law 08-53,
no person shall use any building or structure except in accordance with the Waterfront
Residential (WR) Development Permit Area provisions, amended by the following:
a) Despite Section 4.30 (h) a home based business located within an accessory structure is
permitted within an exterior side yard."
WR-E170
(07-132)
"On lands designated "WR-E170", as shown on Schedule "B", for the purpose of this By-
law, no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential Development Permit Area provisions, subject
to the following exceptions:
a) Despite the requirements of Section No. 4.4 to the contrary, one accessory
structure (private cabin) that is not otherwise part of a principal building or
structure, shall be permitted to be located closer to the shoreline than the existing
principal building on the lot.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
b) Despite the requirements of Section 4.89 to the contrary, a second private septic
system to service a private cabin shall be permitted to be located 16 metres (52.5
ft) from the ordinary water's edge due to site constraints.
c) Development Permit Area Provisions:
d) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
For the sleeping
cabin where the lot
is located on Lake of
Bays
12 m (39.3 ft)
None
Any
h) MINIMUM REAR YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Adjacent to a District
Road
10.6 m (34.7 ft)
None
Any
i) MAXIMUM LOT COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
10.25%
None
Any
"
WR-E171
(07-142)
"On lands designated "WR-E171", as shown on Schedule "B", attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the Waterfront Residential Development Permit Area provisions, subject to the following
exceptions:
a) For purposes of development, the lots described as Roll No. 030-012-07700, being
Parts 16 and 18 on Plan 35R-5179 and Part 6 on Plan 35R-10115, shall be treated
as one property.
b) Zone provisions for Part 18 on Plan 35R-5179 & Part 6 on Plan 35R-10115
(waterfront parcel):
MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Existing
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
c) Zone provisions for Part 16 on Plan 35R-5179 (north side of East Grandview
Lake Road):
MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
11.8%
None
Any
MINIMUM REAR YARD SETBACK
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
3.04 metres
None
Any
d) Provisions for combined properties (Parts 16 and 18 on Plan 35R-5179 and
Part 6 on Plan 35R-10115):
MINIMUM LOT AREA
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
0.14 ha (0.34 ac.)
None
Any
"
WR-E172
(07-153)
"On lands designated "WR-E172", as shown on Schedule "A", attached hereto, for the
purpose of this By-law, no person shall use any lot or erect, alter or use any building or
structure except in accordance with the Waterfront Residential Development Permit Area
provisions, subject to the following exceptions:
i) Development Permit Area Provisions
a) MAXIMUM EXTERIOR SIDE YARD SETBACK
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
7.01 metres for the
open deck attached
to the dwelling and
6.1 metres for the
attached stairs
None
Any
b) MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
21%
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
c) MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Existing
None
Any
"
WR-E173
(07-154)
"On lands designated "WR-E173", as shown on Schedule "A", attached hereto, no person
shall use any lot or erect, alter or use any building or structure except in accordance with
the Waterfront Residential Development Permit Area provisions, amended by the
following:
i) Despite Section 4.5 of By-law 04-180 to the contrary, for the purposes of this By-law,
the maximum floor area for a sleeping cabin shall not exceed 66.9 square metres."
WR-E174
(09-108)
"On lands designated "WR-E174", as shown on Schedules "A" & "B" attached to By-law
09-108, no person shall use any lot or erect, alter or use any building or structure except
in accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i) For the purpose of development, the lots described as Parts 22 and 24 on Plan 35R-
5179 and Part 8 on Plan 35R-10115, shall be deemed to be one lot.
ii) Substituted Development Permit Area Provisions for Parts 22 and 24 on Plan 35R-
5179 (waterfront parcel):
MINIMUM SHORELINE YARD SETBACK
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
12.2 metres (40
feet) for the
construction of the
dwelling
10.4 metres (34
feet) for the
construction of an
open attached
deck
None
Any
MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
15.6%
None
None
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Existing
None
None
iii) Provisions for combined properties (Parts 22 and 24 on Plan 35R-5179 and Part 8 on
Plan 35R-10115):
MINIMUM LOT AREA
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
0.16 ha (0.4 ac.)
None
Any
iv) Despite any provision, a Development Permit will be required prior to the issuance of
a Building Permit and a Shoreline activity area will not be identified to prevent any
significant removal of shoreline vegetation. "
WOS-E175
(08-23)
"On lands designated "WOS-E175", as shown on Schedule "B" hereto, no person shall
use any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Open space (WOS) Development Permit Area provisions, subject to the
following exemptions:
i) Despite the permitted uses found in Section 5.4.1, for the purpose of this By-law, the
only permitted use shall be a hunt-recreation camp.
ii) For the purpose of this By-law, a Hunt-Recreation camp shall be defined as a Hunt
camp.
iii) Development Permit Area Provisions
MINIMUM WATER FRONTAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
60 metres
None
Any
iv) Notwithstanding any provision of this By-law or those found in the Development
Permit By-law No. 04-180 to the contrary, on lands included within the "WOS-E175
Development Permit Area", access is provided via a road over Crown Lands,
however, there shall be no obligation on the Township to improve this access, nor to
provide the same level of road maintenance or emergency services as is provided to
lots fronting on an improved street."
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E176
(08-23)
"On lands designated "WR-E176", as shown on Schedule "B" attached to By-law 08-23,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area provisions,
subject to the following exceptions:
i) Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, permitted marine structure(s) (i.e dock or boathouse) shall only be permitted no
closer than 10 metres (33 ft) from the straight line extension of the northerly side lot line,
and no closer than 4.5 metres (15 ft) from the straight line extension of the southerly
side lot line as shown on the attached Schedule "B". The structure shall be no wider
than 15 metres (50 ft).
ii) Despite Section 4.64 of By-law 04-180 to the contrary, for the purpose of this By-law, all
permitted accessory marine structures shall not be constructed on cribs.
iii) Notwithstanding any provision of By-law 04-180 to the contrary, for the purpose of this
By-law, a boathouse, boatport or swim platform is permitted in the areas identified in 2
(i) and in accordance with the applicable shoreline activity area provisions of By-law 04-
180, provided the structure is located a minimum of 1.5 metres out into the water from
the ordinary water's edge and joined to the shoreline by a dock not exceeding 2 metres
in width.
iv) Despite Section 4.84 of By-law 04-180 to the contrary, for the purpose of this By-law,
the removal of vegetation within the shoreline yard is not permitted except for the
purpose of the establishment of a pervious pathway of a width not exceeding 2 metres
or the removal of trees for safety reasons.
v) Zone Provisions:
Minimum
Shoreline Yard
Setback
Standard
Staff
Variation
Council
Variation
33 metres
None
Any
"
WR-E177
(08-32)
"On lands designated "WR-E177", as shown on Schedule "B" hereto, no person shall use
any lot or erect, alter or use any building or structure except in accordance with the
Waterfront Residential (WR) Development Permit Area provisions, subject to the following
exemptions:
i) Despite the requirements of Section 2.20 to the contrary, for the purpose of this By-
law, a development permit is required for any development on the subject lands.
ii) Despite the requirements of Section No. 4.20 to the contrary, for the purposes of this
By-law, the minimum allowable water frontage shall be 24.4 metres (80 ft).
iii) Despite the requirements of Section No. 4.64c) to the contrary, for the purposes of
this By-law, the maximum length of a dock extending from the shoreline shall be 15
metres (50 ft).
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
iv) Development Permit Area Provisions:
MINIMUM ROAD FRONTAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
27 metres
None
Any
"
WR-E178
(08-45)
"On lands designated "WR-E178", as shown on Schedule "A" attached to By-law 08-45,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and, amended by the following:
i) Despite Section 2.20, a development permit is required for any development on the
subject lands.
ii) For the purpose of this By-law, the proposed additions to the dwelling will be
calculated as Lot coverage.
iii) Substituted Development Permit Area Provisions
MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
34.8%
None
Any
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
48.3% (Existing)
None
Any
"
WR-E179
(08-46)
"On lands designated "WR-E179", as shown on Schedule "A" attached to By-law 08-46,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and, amended by the following:
i) Despite Section 2.20, a development permit is required for any development on the
subject lands.
ii) Substituted Development Permit Area Provisions:
MINIMUM SHORELINE YARD SETBACK
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
14.32 metres (dwelling) &
11.43 metres (open deck)
None
Any
MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
21%
None
Any
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
127 %
None
Any
"
WR-E180
(08-58)
"On lands designated "WR-E180", as shown on Schedule "A" attached to By-law 08-58,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i) Despite Section 4.69, no part of a shoreline activity area is permitted within 4.5
metres of the side lot line projection which would be at right angles to the shoreline.
ii) Substituted Development Permit Area Provisions:
a) MINIMUM FRONT YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
For lots other than
shoreline lots - to the
frame shed
2.2 m (7.3 ft)
None
Any
b) MAXIMUM LOT COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
10.8%
None
Any
"
WR-E181
(08-71)
"On lands designated "WR-E181", as shown on Schedule "A" attached to By-law 08-71,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
i) Despite the requirements of Section No. 4.64 a), the maximum allowable length of a
boathouse shall be 17.3 metres from the shoreline.
ii) Despite the requirements of Section No. 4.64 c), the maximum allowable length of the
dock shall be 23.7 metres from the shoreline.
iii) Development Permit Area Provisions:
l) MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
46.6%
None
Any
"
WR-E182
(08-69)
"On lands designated "WR-E182", as shown on Schedule "A" attached to By-law 08-69,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and, amended by the following:
i) Despite any provision, a Shoreline activity area will not be identified to prevent any
significant removal of shoreline vegetation.
ii) Substituted Development Permit Area Provisions
MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
19.1%
None
None
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
87.7%
None
None
"
WR-E183
(08-92)
"On lands designated "WR-E183", as shown on Schedule "A" attached to By-law 08-92,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and, amended by the following:
a) Despite the requirements of Section No. 4.5, the maximum allowable floor area of
a sleeping cabin shall not exceed 57.2 square metres (616 sq. ft.).
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E184
(08-102)
"On lands designated "WR-E184", as shown on Schedule "B" attached to By-law 08-102,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Substituted Zone Provisions:
i) Minimum Shoreline Yard Setback
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Dwelling
Open Deck
19.2 metres
13.6 metres
None
Any
ii) Minimum Exterior side yard Setback
SITUATION
STANDARD STAFF
VARIATION
COUNCIL
VARIATION
All
3.6 metres
None
Any
iii) Maximum Lot coverage
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
26.5%
None
Any
iv) Minimum Rear yard Setback
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
9.2 metres
None
Any
"
WR-E185
(08-103)
"On lands designated "WR-E185", no person shall use any lot or erect, alter or use any
building or structure except in accordance with the Waterfront Residential (WR)
Development Permit Area designation permitted uses and, amended by the following:
a) Despite the Section 6.64 (a), a boathouse may be considered within a shoreline
activity area to a maximum of 17 metres (56 feet)."
WR-E186
(08-104)
"On lands designated "WR-E186", as shown on Schedule "A" attached to By-law 08-104,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Despite any provision of By-law 04-180, the shoreline activity area shall be
restricted to the width of the existing dock structure or 15 metres (whichever is
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
less).
b) Substituted Zone Provisions:
Minimum
Requirements
Shoreline Yard Setback
30 metres
"
WR-E187
(08-112)
"On lands designated "WR-E187", as shown on Schedule "A", attached to By-law 08-112,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential Development Permit Area provisions,
amended by the following:
ii) Despite Section 4.4 of By-law 04-180, a free-standing gazebo shall be located closer
to a shoreline than the principal building on the lot."
WR-E188
(08-113)
"On lands designated "WR-E188", as shown on Schedule "A" attached to By-law 08-113,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Substituted Zone Provisions:
Minimum Road
Frontage Requirements
Lot on a District Class A
Road
101.4 metres
WR-E189
(08-113)
"On lands designated "WR-E189", as shown on Schedule "A" attached to By-law 08-113,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
b) Substituted Zone Provisions:
Minimum Road
Frontage Requirements
Lot on a District Class A
Road
57.2 metres
"
WR-E190
(08-126)
"On lands designated "WR-E190", as shown on Schedule "A" attached to By-law 08-126,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Substituted Zone Provisions:
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Minimum Water Frontage
Category 3 Lake
45.7 metres
b) Substituted Zone Provisions:
Minimum Lot area
0.48 hectares
c) Notwithstanding any provision in By-law 04-180, a Development Permit shall be
required prior to any site alteration, vegetation removal or issuance of the
applicable building permits."
WR-E191
(08-127)
"On lands designated "WR-E191", as shown on Schedule "A" attached to By-law 08-127,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Despite Section 4.92 of By-law 04-180 a minimum 15 metre setback to the
proposed building envelops shall be maintained from the westerly stream and a
minimum of 19.26 metre setback shall be maintained at its closest point to the
proposed building envelope from the easterly stream as identified on Schedule
B. These setbacks shall remain as a natural buffer to these streams.
b) Despite Section 4.92 of By-law 04-180, a minimum 1 metre setback to the
proposed shoreline structure building envelope shall be maintained from the
identified "Waterfront Environmental Protection One (WEP-1)" Development
Permit Area.
c) Notwithstanding any provision in By-law 04-180, a Development Permit shall be
required prior to any site alteration, vegetation removal or issuance of the
applicable building permits."
WR-E192
(08-156)
"On lands designated "WR-E192", as shown on Schedule "A", attached to By-law 08-156,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential Development Permit Area provisions,
amended by the following:
i) Despite the requirements of Section No. 4.5, the maximum allowable floor area of a
sleeping cabin shall not exceed 55.74 square metres (600 sq. ft.)."
WR-E193
(09-13)
"On lands designated "WR-E193", as shown on Schedule "A" attached to By-law 09-13,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
i)
Despite the requirements of Section No. 4.64 c), the maximum allowable length
of the dock shall be 31.7 metres from the shoreline.
ii)
Substituted Development Permit Area Provisions:
I)
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
SITUATION
STANDARD
(a)
STAFF
VARIATION
COUNCIL
VARIATION
All
71.0%
None
Any
"
WR-E194
(09-14)
"On lands designated "WR-E194", as shown on Schedule "A" attached to By-law 09-14,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i)
Despite any provision, a Shoreline activity area will not be identified to prevent
any significant removal of shoreline vegetation.
ii)
Substituted Development Permit Area Provisions:
MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
11.6%
None
None
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Existing
None
None
"
WR-E195
(09-15)
"On lands designated "WR-E195", as shown on Schedule "A" attached to By-law 09-15,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Despite the requirements of Section 4.21, the lot may be developed by way of
Category 1 Staff Development Permit provided that there is a minimum 0.44
hectares (1.08 acres) of lot area, and provided that the proposal complies with all
other provisions of the By-law."
WR-E196
"On lands designated "WR-E196", as shown on Schedule "A" attached to By-law 09-16,
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
(09-16)
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Despite any provision, a Shoreline activity area will not be identified to prevent any
significant removal of shoreline vegetation.
b) Substituted Development Permit Designation Provisions:
i) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
For attached open
deck
14 m (46 ft)
None
Any
ii) MAXIMUM LOT COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
13.8%
None
Any
iii) SHORELINE ACTIVITY AREA
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
Existing
None
Any
"
WRC-E197
(09-17)
On lands designated "WRC-E197", as shown on Schedule "A" attached to By-law 09-17,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Resort Commercial (WRC) Development Permit Area
designation permitted uses and amended by the following:
a) Despite the requirements of Sections 4.37 and 4.41, the existing two storey
boathouse may be expanded by 10.78 square metres (116 square feet) for a total
area of 54.63 square metres (588 square feet).
b) Despite the requirements of Section 4.65, a flat roofed two storey boathouse shall
maintain the existing side yard setback.
c) Despite the requirements of Sections 4.37 and 5.2.3, the maximum height for the
existing two storey boathouse shall be 5.7 metres (18 feet, 8 inches)."
WR-E198
(09-30)
"On lands designated "WR-E198", as shown on Schedule "B" attached to By-law 09-30,
no person shall use any lot or erect, alter or use any building or structures except in
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Despite Sections 4.5 and 4.6 of By-law 04-180 to the contrary, for the purpose of
this By-law, the maximum floor area of a sleeping cabin shall not exceed 65.1
square metres."
WR-E199
(09-29)
"On lands designated "WR-E199", as shown on Schedule "B" attached to By-law 09-29,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Despite Section 2.20, a development permit is required to re-vegetate portions of
the shoreline yard prior to any development or site alteration on the subject lands.
b) Despite the requirements of Section No. 4.64 b), the maximum allowable extension
for a covered boat port shall be 20 metres from the shoreline.
c) Substituted Development Permit Designation Provisions:
i) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot on a Provincial
Highway
52 metres
None
Any
ii) MAXIMUM LOT COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
8.9%
None
Any
iii) SHORELINE ACTIVITY AREA COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
39.2%
None
Any
WR-E200
(09-29)
"On lands designated "WR-E200", as shown on Schedule "B" attached to By-law 09-29,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
permitted uses and amended by the following:
a)
Substituted Development Permit Designation Provisions:
MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot on a Provincial
Highway
59.7 metres
None
Any
"
WR-E201
(09-31)
"On lands designated "WR-E201", as shown on Schedule "B" attached to By-law 09-31,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Despite Section 2.20, a development permit is required to re-vegetate portions of
the shoreline yard prior to any development or site alteration on the subject lands.
b) Despite Section 4.39 an addition to a legal non-complying dwelling will be
restricted to 375 square feet.
c) Substituted Development Permit Designation Provisions:
i) MAXIMUM LOT COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All other situations
19%
None
Any
ii) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Dwelling
For attached open
deck
14.3 metres
12.2 metres
None
Any
"
WR-E202
(09-40)
"On lands designated "WR-E202", as shown on Schedule "B" attached to By-law 09-40,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) In addition to those accessory structures listed in Section 4.3 (Sequence of
Development), a set of accessory stairs located in the shoreline yard is also
permitted prior to the construction of the primary use/structure."
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WEP-E203
(09-39)
"On lands designated "WEP-E203", as shown on Schedule "A" attached to By-law 09-39,
no person shall remove any vegetation and/or use any lot and/or erect, alter or use any
building or structure."
WR-E204
(09-41)
"On lands designated "WR-E204", as shown on Schedule "B" attached to By-law 09-41,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a)
Substituted Development Permit Area Provisions:
MAXIMUM LOT COVERAGE
SITUATION
STANDARD
All other situations
18.3%
"
WRC-F-E205
(09-50)
"On lands designated "WRC-F-E205", as shown on Schedule "A" attached to By-law 09-
50, no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Resort Commercial (WRC) Development Permit Area
designation permitted uses and amended by the following:
i) The lots described as Roll No. 010-018-03200, being Part of Lots 10 and 11,
Concession 5, Geographic Township of Franklin now in the Township of Lake of Bays
in the District Municipality of Muskoka and described as Parcels #10632, comprising
Areas A, B and C on the survey sketch by E.J. Williams Surveying Ltd. Dated
November 30, 2004, shall be deemed to be one lot.
ii) Despite any provision, a Shoreline activity area will not be identified to prevent any
significant removal of shoreline vegetation.
iii) Despite Section 4.26, for the purpose of this By-law, the floodplain elevation adjacent
to Lake of Bays shall be 316.4 metres GSC.
iv) Despite Section 4.27, for the purpose of this By-law, no basement, cellar or other
enclosed area of a building shall be located below the 316.4 metres GSC flood level
elevation adjacent to Lake of Bays.
v) Despite the contents of Schedule A within the Development Permit By-law No. 04-
180, the identified watercourse traversing the subject lands shall be deemed to be a
coldwater stream.
vi) Despite Section 4.92, relief from the required 30 metre setback to all new structures
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
from the stream as shown on the attached Schedule "B" to By-law 09-50.
vii) Substituted Development Permit Area Provisions For The Waterfront Parcel (Area C
on the survey sketch referenced in 2i) above)
MAXIMUM GROSS FLOOR AREA
STANDARD
COUNCIL VARIATION
3163.9 square metres
None
MINIMUM REAR YARD SETBACK
STANDARD
COUNCIL VARIATION
8.3 metres
None
"
WR-E206
(09-51)
"On lands designated "WR-E206", as shown on Schedule "A" attached to By-law 09-51,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i) Despite the requirements of Section No. 4.5, the maximum allowable floor area of a
sleeping cabin shall not exceed 55.89 square metres (602 sq. ft.).
ii) Substituted Development Permit Area Provisions:
MAXIMUM BUILDING HEIGHT OTHER ACCESSORY STRUCTURE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
8.85 metres (existing
private cabin)
None
Any
MINIMUM SHORELINE YARD SETBACK
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
12.4 metres (existing
private cabin)
None
Any
"
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E207
(09-72)
"On lands designated "WR-E207", as shown on Schedule "A" attached to By-law 09-72,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i) Despite any provision, a Shoreline activity area will not be identified to prevent any
significant removal of shoreline vegetation.
ii) Substituted Development Permit Area Provisions:
MINIMUM SHORELINE YARD SETBACK
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
14.4 metres (47 feet)
None
Any
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
17.2%
None
Any
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
Existing
None
Any
"
WR-E208
(09-81)
"On lands designated "WR-E208", as shown on Schedule "A" attached to By-law 09-81,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i) Despite any provision, a Shoreline activity area shall not be identified to prevent any
significant removal of shoreline vegetation.
ii) Despite Section 4.39 an addition to the legal non-complying dwelling will be permitted
to a height of 7.74 metres (25.3 feet).
iii) Substituted Development Permit Area Provisions:
MINIMUM SHORELINE YARD SETBACK
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
29.3 metres (96 feet)
None
Any
"
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E209
(09-96)
"On lands designated "WR-E209", as shown on Schedule "A" attached to By-law 09-96,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i) For the purpose of development, the lots described as Roll Nos. 030-004-07902 and
030-004-07901, being Parts 1, 3 and 4 on Plan 35R-14848, shall be deemed to be
one lot.
ii) Provisions for Parts 3 and 4 on Plan 35R-14848 (waterfront parcel):
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
Existing
None
Any
iii) Despite any provision, a Shoreline activity area shall not be identified to prevent any
significant removal of shoreline vegetation.
iv) Provisions for combined properties (Parts 1, 3 and 4 on Plan 35R-14848):
MINIMUM LOT AREA
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
0.951 ha (2.35 ac.)
None
Any
"
WR-E210
(09-97)
"On lands designated "WR-E210", as shown on Schedule "A" attached to By-law 09-97,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i) For the purpose of development, the lots described as Roll Nos. 030-004-07903 and
030-004-07900, being Parts 1, 2 and 3 on Plan 35R-15323, shall be deemed to be
one lot.
ii) For Parts 1 and 2 on Plan 35R-15323 (waterfront parcel), Lot coverage shall be
calculated based on the lot area beyond 20 metres for the combined Parts 1 and 2 on
Plan 35R-15323 only.
iii) Provisions for combined properties (Parts 1, 3 and 4 on Plan 35R-14848):
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
MINIMUM LOT AREA
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
0.89 ha (2.2 ac.)
None
Any
WR-E211
(09-98)
"On lands designated "WR-E211", as shown on Schedule "A" attached to By-law 09-98,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i) Substituted Development Permit Area Provisions:
MINIMUM SHORELINE YARD SETBACK
- A lot abutting a WEP1 Development Permit Area
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
20 metres (66 feet)
None
Any
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
18.9%
None
Any
ii) Despite any provision, a Development Permit must be submitted and issued to
incorporate the technical reports and provide details for the re-establishing of the
shoreline yard."
WR-E212
(09-111)
"On lands designated "WR-E212", as shown on Schedule "B" attached to By-law 09-111,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a)
Substituted Development Permit Area Provisions:
i) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Backlot
134.1 metres
None
Any
ii) MINIMUM REAR YARD SETBACK
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
260 metres
along the
westerly
portion of the
lot
242 metres
along the
easterly
portion of the
lot
None
Any
WR-E213
(09-111)
"On lands designated "WR-E213", as shown on Schedule "B" attached to By-law 09-111,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
b)
Despite the contents of Schedule A within Development Permit By-law No. 04-
180, the watercourse identified on Schedule "B" shall be included in Schedule
A of By-law 04-180 and shall be deemed to be a warmwater stream.
c)
Substituted Development Permit Designation Provisions:
iii) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Backlot
134.1 metres
None
Any
iv) MINIMUM REAR YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
242 metres
along the
westerly
portion of the
lot
281 metres
along the
easterly
portion of the
lot
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E214
(09-111)
"On lands designated "WR-E214", as shown on Schedule "B" attached to By-law 09-111,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
d)
Despite the contents of Schedule A within Development Permit By-law No. 04-
180, the watercourse identified on Schedule "B" shall be included in Schedule
A of By-law 04-180 and shall be deemed to be a warmwater stream.
e)
Substituted Development Permit Designation Provisions:
v) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Backlot
125.5 metres
None
Any
vi) MINIMUM REAR YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
242 metres
along the
westerly
portion of the
lot
307 metres
along the
easterly
portion of the
lot
None
Any
"
WR-E215
(09-112)
"On lands designated "WR-E215", as shown on Schedule "B" attached to By-law 09-112,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a)
Notwithstanding any provisions within Development Permit By-law No. 04-180,
shoreline structures will not be permitted within the identified "Waterfront
Environmental Protection One (WEP1)" Development Permit Area located
adjacent to these lands.
b)
Notwithstanding any provision within Development Permit By-law No. 04-180,
the only permitted shoreline activity area structure will be a dock not to exceed
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
a width of 2.44 metres (8 feet).
c)
Notwithstanding any provision within Development Permit By-law No. 04-180,
any development (including the removal of vegetation) will be setback 30
metres from the identified Waterfront Environmental Protection (WEP)
Development Permit Area boundaries and the Waterfront Environmental
Protection One (WEP1) Development Permit Area boundaries.
WR-E216
(09-112)
"On lands designated "WR-E216", as shown on Schedule "B" attached to By-law 09-112,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within Development Permit By-law No. 04-180,
shoreline structures will not be permitted within the identified "Waterfront
Environmental Protection One (WEP1)" Development Permit Area located adjacent
to these lands.
b) Notwithstanding any provision within Development Permit By-law No. 04-180, the
only permitted shoreline activity area structure will be a dock not to exceed a width
of 2.44 metres (8 feet).
c) Notwithstanding any provision within Development Permit By-law No. 04-180, any
development (including the removal of vegetation) will be setback 30 metres from
the identified Waterfront Environmental Protection (WEP) Development Permit
Area boundaries and the Waterfront Environmental Protection One (WEP1)
Development Permit Area boundaries.
d) Substituted Development Permit Designation Provisions:
MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
On a Category 3
Lake
145.3 metres
None
Any
"
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E217
(09-112)
"On lands designated "WR-E217", as shown on Schedule "B" attached to By-law 09-112,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within Development Permit By-law No. 04-180,
shoreline structures will not be permitted within the identified "Waterfront
Environmental Protection One (WEP1)" Development Permit Area located adjacent
to these lands.
b) Notwithstanding any provision within Development Permit By-law No. 04-180, the
only permitted shoreline activity area structure will be a dock not to exceed a width
of 2.44 metres (8 feet).
c) Notwithstanding any provision within Development Permit By-law No. 04-180, any
development (including the removal of vegetation) will be setback 30 metres from
the identified Waterfront Environmental Protection (WEP) Development Permit
Area boundaries and the Waterfront Environmental Protection One (WEP1)
Development Permit Area boundaries.
d) Substituted Development Permit Designation Provisions:
i) MINIMUM WATER FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
On a Category 3
Lake
145.1 metres
None
Any
"
WR-E218
(09-113)
"On lands designated "WR-E218", as shown on Schedule "A" attached to By-law 09-113,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
i) Substituted Development Permit Area Provisions:
MINIMUM SHORELINE YARD SETBACK
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
15.24 metres (50 feet) to
the dwelling
12.8 metres (42 feet) to the
attached open deck
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
17.7%
None
None
ii) Notwithstanding any provision, vegetation removal within the Shoreline Yard will not
be permitted."
WR-E219
(09-109)
"On lands designated "WR-E219", as shown on Schedule "B" attached to By-law 09-109,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within Development Permit By-law No. 04-180,
shoreline structures will not be permitted within the identified "Waterfront
Environmental Protection One (WEP1)" Development Permit Area located adjacent
to these lands.
b) Substituted Development Permit Designation Provisions:
i) MINIMUM ROAD FRONTAGE FOR NEW LOTS
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot on a Provincial
Highway
44.8 metres
None
Any
"
WR-E220
(09-129)
"On lands designated "WR-E220", as shown on Schedule "B" attached to By-law 09-129,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within Development Permit By-law No. 04-180,
shoreline structures will not be permitted within the identified "Waterfront
Environmental Protection One (WEP1)" Development Permit Area located adjacent
to these lands.
b) Substituted Development Permit Designation Provisions:
i) MINIMUM WATER FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
On a Category 2
Lake
85 metres
None
Any
"
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E221
(09-131)
"On lands designated "WR-E221", as shown on Schedule "B" attached to By-law 09-131,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within Development Permit By-law No. 04-180, the
removal of shoreline yard vegetation will not be permitted except for the
construction of a pervious pathway and/or any dead, diseased or vegetation
posing a hazard to people or property.
b) Notwithstanding the minimum Shoreline Yard Setback provision, the building
envelope shall be setback a minimum of 15 metres from the identified Top of Bank
as shown on the attached Schedule "B".
c) A shoreline activity area has been identified as shown on the attached Schedule
"B"."
WR-E222
(09-131)
"On lands designated "WR-E222", as shown on Schedule "B" attached to By-law 09-131,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within Development Permit By-law No. 04-180, the
removal of shoreline yard vegetation will not be permitted except for the
construction of a pervious pathway and/or any dead, diseased or vegetation
posing a hazard to people or property.
b) Notwithstanding the minimum Shoreline Yard Setback provision, the building
envelope shall be setback a minimum of 15 metres from the identified Top of Bank
as shown on the attached Schedule "B".
c) A shoreline activity area has been identified as shown on the attached Schedule
"B"."
WR-E223
(09-144)
"On lands designated "WR-E223", as shown on Schedule "B" attached to By-law 09-144,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within Development Permit By-law No. 04-180, the
removal of shoreline yard vegetation will not be permitted except for the
construction of a pervious pathway and/or any dead, diseased or vegetation
posing a hazard to people or property.
b) Notwithstanding the minimum Shoreline Yard Setback provision, the building
envelope (including the dwelling and attached open decks) shall be setback a
minimum of 5 metres from the identified Top of Bank as shown on the attached
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Schedule "B".
c) Notwithstanding Section 4.4 of By-law 04-180, for the purpose of this By-law, an
accessory private cabin shall be located in front of the dwelling and setback a
minimum of 7.1 metres from the water's edge.
d) Substituted Development Permit Designation Provisions:
i) MAXIMUM BUILDING HEIGHT
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A detached dwelling
7.5 metres
None
Any
ii) MAXIMUM LOT COVERAGE
STANDARD
STAFF VARIATION
COUNCIL
VARIATION
11%
None
Any
"
WR-E224
(09-154)
"On lands designated "WR-E224", as shown on Schedule "B" attached to By-law 09-154,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
the removal of shoreline yard vegetation abutting any "Waterfront Environmental
Protection One (WEP1)" Development Permit Area will not be permitted except for
the construction of a pervious pathway and/or any dead, diseased or vegetation
posing a hazard to people or property.
b) Notwithstanding any provisions within Development Permit By-law No. 04-180,
shoreline structures will not be permitted within the identified "Waterfront
Environmental Protection One (WEP1)" Development Permit Area located adjacent
to these lands."
WR-E225
(10-02)
"On lands designated "WR-E225", as shown on Schedule "B" attached to By-law 10-02,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within Development Permit By-law No. 04-180, the
removal of any vegetation on the lot will not be permitted except for the
construction of a garage as permitted in this By-law and/or the removal of any
dead, diseased or vegetation posing a hazard to people or property.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
b) Substituted Development Permit Designation Provisions:
i) MINIMUM INTERIOR YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
2.4 metres
None
Any
ii) MINIMUM REAR YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Adjacent to a District
Road
1.2 metres
None
Any
iii) MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
19.5%
None
Any
"
WR-E226
Not used.
WR-E227
(10-16)
"On lands designated "WR-E227", as shown on Schedule "B" attached to By-law 10-16,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses except that all development shall be located within the identified building
envelope."
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E228
(10-24)
"On lands designated "WR-E228", as shown on Schedule "B" attached to By-law 10-24,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within Development Permit By-law No. 04-180, the
removal of any vegetation on the lot will not be permitted except for the
construction of a dwelling as permitted in this By-law and/or the removal of any
dead, diseased or vegetation posing a hazard to people or property.
b) Substituted Development Permit Designation Provisions:
i) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot located on Lake
of Bays
10.7 metres
None
Any
ii) MINIMUM REAR YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Adjacent to a District
Road
6.0 metres
None
Any
iii) MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
45.5%
None
Any
iv) MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
12.7%
None
Any
"
WR-E229
(10-35)
"On lands designated "WR-E229", as shown on Schedule "B" attached to By-law 10-35,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Despite Section 4.21 of By-law 04-180 to the contrary, for the purpose of this By-
law, the minimum lot area for an existing vacant backlot shall be 0.19 hectares
(0.47 acres) and the minimum frontage on a private road shall be 31.6 metres (104
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
feet).
b) Notwithstanding any provision of this By-law or those found in the Development
Permit By-law 04-180 to the contrary, on lands included within the WR-E229
Development Permit Area, access is provided via a private road, however there
shall be no obligation on the Township to improve access, nor to provide the same
level of road maintenance or emergency services as is provided to lots fronting on
an improved street.
WR-E230
(10-36)
"On lands designated "WR-E230", as shown on Schedule "B" attached to By-law 10-36,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provision within the Development Permit By-law No. 04-180, a
development permit must be received prior to any development on the subject
lands.
b) Notwithstanding any provisions within Development Permit By-law No. 04-180, the
removal of any vegetation on the lot will not be permitted except for the
construction of a dwelling as permitted in this By-law and/or the removal of any
dead, diseased or vegetation posing a hazard to people or property.
c) Despite the requirements of Section 4.8, the maximum number of private sleeping
cabins shall be two.
d) Substituted Development Permit Designation Provisions:
i) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot located on Lake
of Bays
17.1 metres
None
Any
ii) MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
11.5%
None
Any
"
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E231
(10-37)
"On lands designated "WR-E231", as shown on Schedule "B" attached to By-law 10-37,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
no encroachments or vegetation removal is permitted within a 30 metre buffer of
the shorelines of watercourses known as Menominee Creek.
b) Notwithstanding any provisions within the Development Permit By-law 04-180, no
encroachments or vegetation removal is permitted within a 15 metre buffer of the
shorelines of the intermittent watercourses flowing through these lands.
c) Notwithstanding any provision of the Development Permit By-law No. 04-180,
vegetation removal shall not be permitted within the first 20 metre buffer from the
shoreline of Lake of Bays, except that a 2 metre pathway to access the shoreline
and the removal of hazard trees and minor pruning of branches for lake views are
permitted.
d) Notwithstanding any provision of the Development Permit By-law No. 04-180, the
only structure permitted within the 20 metres to 30 metre zone from the shoreline
of Lake of Bays shall be a patio or deck and selective vegetation removal is
permitted where the majority of significant existing vegetation shall remain.
e) Notwithstanding any provision of the Development Permit By-law No. 04-180,
except for the existing side lot line setback provisions, docks and/or a boathouse
shall only be permitted within the first 30 metres of the southerly side lot line.
f) Substituted Development Permit Designation Provisions:
i) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot located on Lake
of Bays
30 metres
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E232
(10-37)
"On lands designated "WR-E232", as shown on Schedule "B" attached to By-law 10-37,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
no encroachments or vegetation removal is permitted within a 15 metre buffer of
the shorelines of the intermittent watercourses flowing through these lands.
b) Notwithstanding any provisions within the Development Permit By-law 04-180, no
encroachments or vegetation removal is permitted within a 30 metre buffer of the
shorelines of a watercourse known as Menominee Creek.
c) Notwithstanding any provision of the Development Permit By-law No. 04-180,
vegetation removal shall not be permitted within the first 20 metre buffer from the
shoreline of Lake of Bays, except that a 2 metre pathway to access the shoreline
and the removal of hazard trees and minor pruning of branches for lake views are
permitted.
d) Notwithstanding any provision of the Development Permit By-law No. 04-180, the
only structure permitted within the 20 metres to 30 metre zone from the shoreline
of Lake of Bays shall be a patio or deck.
e) Substituted Development Permit Designation Provisions:
i) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot located on Lake
of Bays
30 metres
None
Any
"
WR-E233
(10-37)
"On lands designated "WR-E233", as shown on Schedule "B" attached to By-law 10-37,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
no encroachments or vegetation removal is permitted within a 30 metre buffer of
the shorelines of a watercourse known as Menominee Creek.
b) Notwithstanding any provision of the Development Permit By-law No. 04-180,
vegetation removal shall not be permitted within the first 20 metre buffer from the
shoreline of Lake of Bays, except that a 2 metre pathway to access the shoreline
and the removal of hazard trees and minor pruning of branches for lake views are
permitted.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
c) Notwithstanding any provision of the Development Permit By-law No. 04-180, the
only structure permitted within the 20 metres to 30 metre zone from the shoreline
of Lake of Bays shall be a patio or deck.
d) Substituted Development Permit Designation Provisions:
i) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot located on Lake
of Bays
30 metres
None
Any
WR-E234
(10-37)
"On lands designated "WR-E234", as shown on Schedule "B" attached to By-law 10-37,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
no encroachments or vegetation removal is permitted within a 30 metre buffer of
the shorelines of a watercourse known as Menominee Creek.
b) Notwithstanding any provision of the Development Permit By-law No. 04-180,
vegetation removal shall not be permitted within the first 20 metre buffer from the
shoreline of Lake of Bays, except that a 2 metre pathway to access the shoreline
and the removal of hazard trees and minor pruning of branches for lake views are
permitted.
c) Notwithstanding any provision of the Development Permit By-law No. 04-180, the
only structure permitted within the 20 metres to 30 metre zone from the shoreline
of Lake of Bays shall be a patio or deck.
d) Substituted Development Permit Designation Provisions:
i) MINIMUM SHORELINE YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
Lot located on Lake
of Bays
30 metres
None
Any
"
WR-E235
(10-34)
"On lands designated "WR-E235", as shown on Schedule "B" attached to By-law 10-34,
no person shall use any lot or erect, alter or use any building or structures except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) For the purpose of development, the lots described as Roll Nos. 010-001-07301
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
and 010-001-07601, being Parts 1, 2 and 3 on Plan 35R-2933 and Part 15 on Plan
35R-16480, shall be deemed to be one lot.
b) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
for the purpose of ensuring the dwelling is used by one single family, the entire
structure shall contain only one kitchen.
c) Notwithstanding any provisions within the Development Permit By-law 04-180, a
Development Permit must be received prior to any development on the subject
lands in order to ensure the proposed development incorporates the planting
plans.
d) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
the removal of any vegetation on the lot will not be permitted except for the
construction of a dwelling as permitted in this By-law and/or the removal of any
dead, diseased or vegetation posing a hazard to people or property.
e) Despite the requirements of Sections 4.70 and 4.72, the maximum number of
shoreline activity areas is four (4).
f) Substituted Development Permit Designation Provisions:
MINIMUM LOT AREA
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All Other Situations
4.1 ha (10.1
ac.)
None
None
MINIMUM WATER FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All Other Situations
388.6 metres
(1275 feet)
None
None
MINIMUM EXTERIOR YARD SETBACK
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
0 metres (0
feet) for a one
storey garage
None
None
MAXIMUM LOT COVERAGE
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All Other Situations
5% with a
maximum of
670.76 sq. m.
(7220 sq. ft.)
footprint
constructed
between 20
metres and
60 metres of
the shoreline
None
None
MAXIMUM BUILDING HEIGHT
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A detached dwelling
9.4 metres
(30.8 ft.) to
the proposed
8.7 metre
wide window
peak on the
westerly wing,
7.4 metres
(24.3 ft. for
the remaining
portion of the
westerly wing,
6.5 metres
(21.4 ft.) for
the central
pod and 5.9
metres (19.4
ft) for the
easterly wing
None
None
MAXIMUM SHORELINE ACTIVITY AREA FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
A waterfront
residential lot
61 metres
(200 feet)
None
None
MAXIMUM SHORELINE ACTIVITY AREA COVERAGE
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
All
32% (To a
maximum of
4146 sq. ft.)
None
None
"
WR-E236
On Going.
WR-E237
(10-49)
"On lands designated "WR-E237", as shown on Schedule "B" attached to By-law 10-49,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
the only permitted marine structure shall be a dock.
b) Notwithstanding any provision within the Development Permit By-law 04-180, no
building or structure that is erected on or over land covered by water, shall be
situated closer than 120 metres for the northerly side lot line and 10 metres for the
southerly side lot line for "Area 6" as shown on Schedule "B".
c) Notwithstanding any provision of the Development Permit By-law No. 04-180, no
structure, other than a marine use facility, shall be located within the Flood Plain of
the South Branch of the Muskoka River. The Flood Plain shall be described as all
land located below the 314.6 metre G.S.C. elevation as shown on Schedule "B".
d) Substituted Development Permit Designation Provisions:
i) MINIMUM WATER FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
On a narrow
waterbody which
measures less than
90 metres across
136 metres
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E238
(10-49)
"On lands designated "WR-E238", as shown on Schedule "B" attached to By-law 10-49,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
the only permitted marine structure shall be a dock.
b) Notwithstanding any provision within the Development Permit By-law 04-180, no
building or structure that is erected on or over land covered by water, shall be
situated closer than 10 metres for the northerly side lot line and 92 metres for the
southerly side lot line for "Area 5" as shown on Schedule "B".
c) Notwithstanding any provision of the Development Permit By-law No. 04-180, no
structure, other than a marine use facility, shall be located within the Flood Plain of
the South Branch of the Muskoka River. The Flood Plain shall be described as all
land located below the 314.6 metre G.S.C. elevation as shown on Schedule "B".
d) Substituted Development Permit Designation Provisions:
i) MINIMUM WATER FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
On a narrow
waterbody which
measures less than
90 metres across
128.8 metres
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E239
(10-49)
"On lands designated "WR-E239", as shown on Schedule "B" attached to By-law 10-49,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
the only permitted marine structure shall be a dock.
b) Notwithstanding any provisions within the Development Permit By-law 04-180, no
building or structure that is erected on or over land covered by water, shall be
situated closer than 116 metres for the northerly side lot line and 4.5 metres from
the southerly side lot line for "Area 3" as shown on Schedule "B".
c) Notwithstanding any provisions within the Development Permit By-law No. 04-180,
no building or structure that is erected on or over land covered by water, shall be
situated closer than 22 metres from the northerly side lot line and 84 metres from
the southerly side lot line for "Area 4" as shown on Schedule "B".
d) For the purposes of this by-law, the portion of the lot included within the
"Environmental Protection (EP)" Zone shall be included in the calculation of the lot
area and lot frontage provisions of the "Waterfront Residential with an Exemption
(WR-E239)" Development Permit Area.
e) Notwithstanding any provision of the Development Permit By-law No. 04-180, no
structure, other than a marine use facility, shall be located within the Flood Plain of
the South Branch of the Muskoka River. The Flood Plain shall be described as all
land located below the 314.6 metre G.S.C. elevation as shown on Schedule "B".
f) Substituted Development Permit Designation Provisions:
i) MINIMUM WATER FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
On a narrow
waterbody which
measures less than
90 metres across
136 metres
None
Any
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E 240
(10-49)
"On lands designated "WR-E240", as shown on Schedule "B" attached to By-law 10-49,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-
180, the only permitted marine structure shall be a dock.
b) Notwithstanding any provisions within the Development Permit By-law 04-180, no
building or structure that is erected on or over land covered by water, shall be
situated closer than 116 metres for the northerly side lot line and 16 metres from
the southerly side lot line for "Area 1" as shown on Schedule "B".
c) Notwithstanding any provisions within the Development Permit By-law No. 04-
180, no building or structure that is erected on or over land covered by water,
shall be situated closer than 60 metres from the northerly side lot line and 60
metres from the southerly side lot line for "Area 2" as shown on Schedule "B".
d) For the purposes of this by-law, the portion of the lot included within the
"Environmental Protection (EP)" Zone shall be included in the calculation of the lot
area and lot frontage provisions of the "Waterfront Residential with an Exemption
(WR-E240)" Development Permit Area.
e) Notwithstanding any provision of the Development Permit By-law No. 04-180, no
structure, other than a marine use facility, shall be located within the Flood Plain
of the South Branch of the Muskoka River. The Flood Plain shall be described as
all land located below the 314.6 metre G.S.C. elevation as shown on Schedule
"B".
f) Substituted Development Permit Designation Provisions:
i) MINIMUM WATER FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
On a narrow
waterbody which
measures less than
90 metres across
146 metres
None
Any
WR-E241
(10-49)
"On lands designated "WR-E241", as shown on Schedule "B" attached to By-law 10-49,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
a) Notwithstanding any provision of the Development Permit By-law No. 04-180, no
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
structure, other than a marine use facility, shall be located within the Flood Plain
of the South Branch of the Muskoka River. The Flood Plain shall be described as
all land located below the 314.6 metre G.S.C. elevation as shown on Schedule
"B".
b) Substituted Development Permit Designation Provisions:
MINIMUM WATER FRONTAGE
SITUATION
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
On a narrow
waterbody which
measures less than
90 metres across
268 metres
None
Any
"
WR-E242
On Going.
WR-E243
(10-62)
"On lands designated "WR-E243", as shown on Schedule "B" attached to By-law 10-62,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and amended by the following:
Notwithstanding any provisions within the Development Permit By-law No. 04-180, a
Development Permit must be received prior to any development (which includes the
removal of vegetation or site alteration) on the subject lands in order to ensure the
proposed development is located within the identified building envelope."
RM1-E100
(10-64)
"On lands designated "RM1-E100", as shown on Schedule "B" attached to By-Law 08-
30, no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Community Multiple Residential One (RM1) Zone permitted uses
and provisions, amended by the following:
a)
Lots 3, 4, 5, 8, 9, 10, 11, 12, 13 &14 on Registered Plan M-1 Baysville, shall be
deemed to be one lot.
b)
Provisions for Lots 3, 4, 5, 8, 9 & 10 on Registered Plan M-1 Baysville (North
Road):
i)
The only permitted uses shall be a maximum of 14 residential dwelling
units and 157.9 square metres of limited community service commercial
uses.
ii)
"Limited community service commercial" uses shall be defined as a
convenience store, office, retail store and restaurant uses, and shall only
be permitted on the first floor of the building fronting onto North and Young
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
Street.
iii)
Despite Section 4.12, an ornamental roof structure that contains no floor
area is permitted and the footprint shall be less than 1.5 square metres (16
square feet).
iv)
Substituted Zone Provisions:
Maximum
Requirements
Height
8.3 metres (27.2 feet)
c)
Provisions for Lots 11, 12, 13 & 14 on Registered Plan M-1 Baysville (East Road
& Elizabeth Street):
i)
The only permitted uses shall be a maximum of 1 residential dwelling unit
and 261.6 square metres of limited community service commercial uses.
ii)
"Limited community service commercial" uses shall be defined as a
convenience store, office, retail store and restaurant uses, and shall only
be permitted on the first floor of the building.
iii)
Pursuant to Section 4.46, 9 parking spaces shall be made available for the
permitted limited commercial uses identified in subsection (b) of this
section.
iv)
Substituted Zone Provisions:
Maximum
Requirements
Rear yard
5.18 metres (17 feet) (a)
Buffer
(a) A buffer located along the rear lot line will not be required.
d)
Substituted Zone Provisions for Combined Properties (Lots 3, 4, 5, 8, 9, 10, 11,
12, 13 &14 on Registered Plan M-1 Baysville)
i)
Lot area
5955 square metres
(64,099 sq.ft.)
"
WR-E244
(10-65)
"On lands designated "WR-E244", as shown on Schedule "A" attached to By-law 10-65,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area designation
permitted uses and provisions, amended by the following:
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
i)
Notwithstanding any provisions within the Development Permit By-law No.
04-180, a Development Permit must be received prior to any development
on the subject lands in order to ensure the proposed development
incorporates a shoreline restoration planting plan.
ii)
For the purpose of development, the lots on the north and south sides of North
Ril Lake Road, described as Roll No. 030-005-04200, being part of Lot 3 on
Plan M-155, shall be deemed to be defined as one lot.
iii)
Provisions for the waterfront parcel (south side of North Ril Lake Road):
MINIMUM SHORELINE YARD SETBACK
iv)
Provisions for combined properties (part of Lot 3 on Plan M-155):
MINIMUM LOT AREA
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
0.17 ha. (0.43 ac.)
None
None
MAXIMUM LOT COVERAGE
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
17.6% including a
92.9 square metre
(1000 sq.ft.)
maximum footprint
for a dwelling.
None
None
"
STANDARD
STAFF
VARIATION
COUNCIL VARIATION
18.2 metres
(60 feet)
None
None
WR-E245
(10-66)
"On lands designated "WR-E245", as shown on Schedule "B" attached to By-law 10-66,
no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Residential (WR) Development Permit Area
designation permitted uses and amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-
180, the only permitted marine structure shall be a dock.
b) Substituted Development Permit Designation Provisions:
i)
MAXIMUM LOT COVERAGE
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
STANDARD
STAFF
VARIATION
COUNCIL
VARIATION
21.2%
None
None
"
C2-E108
(10-67)
"On lands designated "C2-E108", as shown on Schedules "A" & "B" attached hereto, for the
purpose of this By-law, no person shall use any lot or erect, alter or use any building or
structure except in accordance with the "Community Commercial (C2)" Zone provisions,
except that:
a) In addition to those permitted uses, a microbrewery is also permitted.
b) For the purpose of this By-law, a microbrewery shall be defined as the use of
90% of the building or permitted accessory structures for the primary purpose of
brewing beer or other beverages. The remaining 10% of the building and
permitted accessory structures can be used for accessory and limited retail sales
associated with the sale of beer or beverages and paraphernalia related to the
brand of beer or beverage being brewed, tours of the facilities and tastings.
c) Substituted Zone Provisions:
Rear yard Setback
3 metres
(9.8 feet)
Rear yard Setback for
the Silo
0.5 metres
(1.6 feet)
"
WSC-E247
(10-83)
"On lands designated "WSC-E247", as shown on Schedule "B" attached to By-law 10-
83, no person shall use any lot or erect, alter or use any building or structure except in
accordance with the Waterfront Service Commercial (WSC) Development Permit Area
designation permitted uses and provisions amended by the following:
a) Notwithstanding any provisions within the Development Permit By-law No. 04-
180, the only permitted use shall be a Contractor's establishment.
b) For the purpose of this By-law a Contractor's establishment shall be defined as
the use of land for the importation, screening, storage and transportation of
aggregate materials.
c) Notwithstanding any provisions within the Development Permit By-law No. 04-
180, a Development Permit must be received prior to any development on the
subject lands in accordance with Schedule C. "
WR-F-E248
On Going.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
WR-E249
(10-127)
On Going.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
SCHEDULE A
(MAPPING AVAILABLE SEPARATELY)
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
SCHEDULE B - Exceptions
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TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
SCHEDULE C - CRITERIA FOR VARIATIONS FROM
STANDARDS
C.1
Where a development permit for any variation is required, in addition to the other
requirements of this by-law, the following provisions will be addressed to the satisfaction
of the Township, prior to the issuance of a development permit:
a) the natural waterfront will prevail with built form blending into the landscape and
shoreline;
b) natural shorelines will be retained or restored;
c) disturbance on lots will be limited and minimized;
d) vegetation will be substantially maintained on skylines, ridge lines or adjacent to the
top of rock cliffs;
e) native species will be used for buffers or where vegetation is being restored;
f) rock faces, steep slopes, vistas and panoramas will be preserved to the extent
feasible; and
g) building envelopes and the associated activity area will be defined and the remainder
of the property shall remain generally in its natural state.
STAFF VARIATIONS
C.2
In addition to the other requirements of this by-law, the following criteria shall be used in
the evaluation of a request for a "Staff Variation" from a standard in this by-law:
a) The proposal is appropriate for the lands;
b) The proposal would not have any off-site impacts;
c) The proposal would maintain the general intent of this by-law; and
d) The proposal would maintain the general intent of the Official plan.
C.2.1 Septic Systems on Existing Lots
a) A site evaluation may be required to the satisfaction of the Township which confirms
that suitable soils exist and the reduced setback will not result in negative impacts on
water quality.
b) That a shoreline buffer of at least 15 metres in depth be maintained between the
septic system and the lake.
COUNCIL VARIATIONS
C.3
In addition to the other requirements of this by-law, the following criteria shall be used in
the evaluation of a request for a "Council Variation" from a standard in this by-law:
a) The proposal is appropriate for the lands;
b) Any potential off site impacts are mitigated;
c) The proposal would maintain the general intent of this by-law; and
d) The proposal would maintain the general intent of the Official plan.
C.3.1 Where a Council Variation is required to create a lot on a lake of high sensitivity, as
identified in Schedule E, Phase 1 and 2 Water Quality Impact Assessments will be
required. The Phase 1 assessment will determine if the required conditions exist on site
so that development can occur in a manner that will ensure the protection of water
quality and shall include analysis of the site and surrounding area, soil characteristics,
and vegetation cover. Phase 1 must be completed to the satisfaction of the District of
Muskoka and the Township before proceeding to Phase 2.
Phase 2 will, at a minimum, demonstrate that building and septic system envelopes,
together with appropriate mitigation measures, including but not limited to, detailed
construction mitigation plans, shoreline setbacks and buffers will protect water quality
and where these requirements are implemented in the development permit. In addition,
the use of a septic system with soils that have a demonstrated ability to effectively
eliminate phosphorus will be required.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION -NOVEMBER 18, 2010
SCHEDULE D - CRITERIA FOR DISCRETIONARY USES
D.1
Where a development permit for any discretionary use is required, in addition to the
other requirements of this by-law, the following provisions will be addressed to the
satisfaction of the Township, prior to the issuance of a development permit:
a) the natural waterfront will prevail with built form blending into the landscape and
shoreline;
b) natural shorelines will be retained or restored;
c) disturbance on lots will be limited and minimized;
d) vegetation will be substantially maintained on skylines, ridge lines or adjacent to the
top of rock cliffs;
e) native species will be used for buffers or where vegetation is being restored;
f) rock faces, steep slopes, vistas and panoramas will be preserved to the extent
feasible; and
g) building envelopes and the associated activity area will be defined and the remainder
of the property shall remain generally in its natural state.
SECONDARY AND GARDEN SUITES
D.2
In addition to other requirements of this by-law, the following matters shall be addressed
to the satisfaction of the Township prior to the issuance of a development permit:
a) A secondary suite shall be designed so that it is capable of being integrated with the
dwelling once the secondary suite use is discontinued;
b) Accessory buildings containing garden suites will be smaller than the primary
dwelling, and will either be portable, or capable of conversion to another accessory
residential use, once the garden suite is discontinued;
c) An agreement with the owner will be executed under the provisions of the Municipal
Act and will:
a. Address the conditions under which the garden or secondary suite will be
installed, maintained and removed from the property;
b. Identify the period of occupancy;
c. Require that the garden or secondary suite not be used as a rental dwelling
unit for profit or gain;
d. Require that the garden or secondary suite meets all health, safety, servicing
and building code standards;
e. Address the provision of securities to ensure that the conditions of the
agreement will be satisfied;
f. Acknowledge limitations to emergency and other services where such a unit
is accessible only by water or a private road; and
g. Include any other conditions that the Township deems necessary.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - JUNE 17, 2010
ACCESSORY GOLF COURSES (in a "Waterfront Resort Commercial Open Space"
Development Permit Area)
D.3
In addition to other requirements of this by-law, the following reports shall be submitted
to the satisfaction of the Township prior to the issuance of a development permit:
a) Hydrogeological report;
b) Stormwater management report;
c) Construction mitigation plan;
d) Operation and management plan;
e) Site evaluation if any sensitive features are present on the site; and
f) Any other reports deemed necessary by the Township.
The site shall also have access from a year round publicly maintained, public road.
DRIVING RANGE (in a "Waterfront Resort Commercial Open Space" Development
Permit Area)
D.4
In addition to other requirements of this by-law, the following reports shall be submitted
to the satisfaction of the Township prior to the issuance of a development permit:
a) The property has access onto a year round publicly maintained, public road;
b) Stormwater management report
c) Construction mitigation plan;
d) Site evaluation if any sensitive features are present on the site; and
e) Any other reports deemed necessary by the Township.
ACCESSORY STABLES (in a "Waterfront Resort Commercial" Development
Permit Area)
D.5
In addition to other requirements of this by-law, the following matters shall be addressed
to the satisfaction of the Township prior to the issuance of a development permit:
a) Ministry of the Environment Minimum Separation Distance Formula
b) Minimum setback from any shoreline or watercourse - 300 metres (1000 feet)
DOCK (in a "Waterfront Environmental Protection One" Development Permit
Area)
D.6
In addition to other requirements of this by-law, the following matters shall be addressed
to the satisfaction of the Township prior to the issuance of a development permit:
a) A fisheries assessment or
b) Clearance from the Department of Fisheries and Oceans
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - JUNE 17, 2010
WATERFRONT LANDING
D.7
In addition to other requirements of this by-law, the following matters shall be addressed
to the satisfaction of the Township prior to the issuance of a development permit:
a) Sufficient docking and parking facilities will be provided to serve the primary
residential or resort commercial use;
b) The property, particularly the shoreline, is suitable for the use;
c) The property has access onto a year round publicly maintained, public road;
d) Access to the facility by water is suitable;
e) The facility will not have a negative impact on environmentally sensitive areas,
habitat or heritage areas;
f) The facility is not located within an area affected by a development constraint;
g) The facility will be designed in a manner that is compatible with surrounding
properties;
h) Parking facilities will be setback at least 20 metres (66 feet) from the shoreline and a
shoreline buffer will be required to be maintained or restored outside the shoreline
activity area;
i) Stormwater management and construction mitigation is addressed; and
j) Waterfront landings will be secured through ownership of a registered right of way.
MINIATURE GOLF COURSE
D.7
In addition to other requirements of this by-law, the following matters shall be addressed
to the satisfaction of the Township prior to the issuance of a development permit:
a) The site is suitable for the use proposed;
b) The property has access onto a year round publicly maintained, public road;
c) Adequate potable water and sewage disposal can be provided;
d) Access routes are appropriate or can be upgraded to accommodate the additional
traffic;
e) The proposal will be compatible with surrounding properties; and
f) Parking areas will be buffered from roadways.
DWELLING WHERE AN IDENTIFIED INACTIVE OR ACTIVE WASTE DISPOSAL
SITE
D.8
In addition to other requirements of this by-law, the technical report shall address the
following matters to the satisfaction of the Township prior to the issuance of a
development permit:
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - JUNE 17, 2010
a) evaluation of the presence and impact of any adverse effects or risk to health and
safety;
b) a hydrogeological assessment to evaluate groundwater where it will be a potable
water source;
c) assessment of appropriateness of the development; and
d) identification of any remedial measures to mitigate any concerns.
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
SCHEDULE E - Lake Classification by
Phosphorus Sensitivity
LAKE NAME
SENSITIVITY
Allen Lakes
Moderate
Angel
Moderate
Axle
Moderate
Bella
Moderate
Benson
Moderate
Big Hoover
Moderate
Big Stephen
Moderate
Black (Black R)
Moderate
Black (Muskoka R)
Moderate
Blue Chalk
Moderate
Brooks
Moderate
Buchanan
Moderate
Buck
Moderate
Burns
Moderate
Camp
Moderate
Campstool
Moderate
Carcass
Moderate
Chub
Moderate
Circular
Moderate
Cooper
Low
Cotter
Moderate
Crotch
Moderate
Dan
High
Dickie
Low
Docker
Moderate
Dotty
Low
Doughnut
Moderate
Eastell
Moderate
Echo
Moderate
Eighteen Mile
Moderate
Ellis
Moderate
Fifteen Mileg
Moderate
Fitzell
Moderate
Fleming
Moderate
Flossie
Moderate
Fly
Moderate
Foote
Moderate
Fowler
High
Goodman
Moderate
Gosling
Moderate
Grandview
Moderate
Greenish
Moderate
Grindstone
Moderate
Grouse
Moderate
Hardup
Moderate
Heck
Moderate
Heeney
Low
Helve
High
Horse
Moderate
Insula
Moderate
Jerry
Moderate
Jill
Moderate
Lake of Bays
Moderate
Lassetter
Moderate
Lee
Moderate
Little Clear
Moderate
Little Nelson
Moderate
Little Oxbow
Moderate
Little Pell
Moderate
Little Spaniel
Moderate
Longline
Moderate
Loon
Moderate
Lower Raft
Moderate
Lower Schufelt
High
Lower Twin
Moderate
Mansell
High
Margaret
Moderate
Marion
Moderate
Martin
Moderate
McReynolds
Moderate
McEwen
Moderate
Menominee
Low
Moot
Moderate
Mug
Moderate
Nelson
Moderate
North Dotty
Moderate
Oxbow
Moderate
Pairo (Twin) 1
Moderate
Pairo 2
Moderate
Peeler
Moderate
Pell
Moderate
Peninsula
Moderate
Porcupine
Moderate
Pretzel
Moderate
Pup
Moderate
Rebecca
Low
Red Chalk
Moderate
Ridout
High
Ril
Moderate
Roundabout
Moderate
Sage
Moderate
Saucer
Moderate
Schufelt
Moderate
Seventeen Mile (Dwight)
Moderate
Seventeen Mile (Vernon)
Moderate
Shapter
Moderate
Shoe
Moderate
Sixteen Mile
Moderate
Slim
Moderate
Sly
Moderate
Solitaire
Moderate
South Nelson
Moderate
South Tasso
High
Spaniel
Moderate
Splatter
Moderate
St. Mary (Paint)
Moderate
Steeple
Moderate
Sugar Bowl
Moderate
Surprise
Moderate
Tackaberry
Moderate
Tasso
Moderate
Teapot
Moderate
Three Island
Moderate
Toad
Moderate
Tom
Moderate
Tooke
Moderate
Upper Oxbow
Moderate
Upper Raft
Moderate
Verner
Moderate
Walker
Moderate
Wells
Moderate
Whitehouse
Moderate
Wildcat
Moderate
Wilson
Moderate
Wolfkin
Moderate
Any other lake not listed
Moderate
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
APPENDIX 1 - LAKE CATEGORIES
The following lakes have been grouped into the following size categories for the purposes of this
By-law. Locations should be confirmed by consulting Schedule C3 of the Official Plan.
CATEGORY 1 LAKES
Lake of Bays
Peninsula Lake
CATEGORY 2 LAKES
Bella Lake
Camp Lake
Dickie Lake
Dotty Lake
Echo Lake
Foote Lake
Grandview Lake
Greenish Lake
Menominee Lake
Oxbow Lake
Paint or St. Mary's Lake
Rebecca Lake
Ril Lake
Solitaire Lake
Tasso Lake
Walker Lake
CATEGORY 3 LAKES
Allen Lake
Angel Lake
Axle Lake
Benson Lake
Big Hoover Lake
Big Stephen Lake
Black Lake
Black Lake
Blue Chalk Lake
Boundary Lake
Brooks Lake
Buck Lake
Burns Lake
Carcass Lake
Chub/Trout Lake
Circular Lake
Cooper Lake
Cotter Lake
Crotch Lake
Dan Lake
Erin Lake
Ermine Lake
Fifteen Mile Lake
Fitzell Lake
Flossie Lake
Fowler Lake
Goodman Lake
Gosling Lake
Greenish Lake
Grindstone Lake
Grouse Lake
Hardup Lake
Heck Lake
Heeney Lake
Helve Lake
Horse Lake
Insula Lake
Jackson's Lake
Jerry Lake
Jill Lake
Lassetter Lake
Lee Lake
Little Clear / Seventeen Mile Lake
Little Hoover Lake
Little Margaret Lake
Little Pell Lake
Longline Lake
Loon Lake
Lower Raft Lake
Lower Schufelt Lake
Mansell Lake
Margaret Lake
Martin Lake
McEwan Lake
McReynold Lake
Mink Lake
Moot Lake
Mug Lake
Nelson Lake
North Dotty Lake
Pairo Lake
Peeler Lake
Pell Lake
Pretzel Lake
Red Chalk Lake
Rookery Lake
Sage Lake
Sand Lake
Lower Schufelt Lake
Seventeen Mile Lake
Seventeen Mile Lake
Shapter Lake
Shoe Lake
South Nelson Lake
South Tasso Lake
Spaniel Lake
Steeple Lake
Surprise Lake
Tackaberry Lake
Three Island Lake
Toad Lake
Tom Lake
Tooke Lake
Unnamed Lakes exceeding 8 ha (20 acres) in area - See Schedule C3 of Official Plan
Upper Raft Lake
Upper Twin Lake
Verner Lake
Wilson Lake
Wolfkin Lake
Woodbine Lake
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION -NOVEMBER 18, 2010
APPENDIX 2 - Over Threshold Lakes for Recreational Water Quality
Brooks Lake
Longline Lake
Ril Lake
Tooke Lake
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION -NOVEMBER 18, 2010
APPENDIX 3
Permitted Coverage Within the Shoreline Activity Area (SAA)
Shoreline
Frontage
Available SAA
SAA
Permitted Coverage
in SAA
Feet
Feet (25% of
Frontage)
Square Feet Square Feet 40% of
the available SAA
100
25
1640
656
110
27.5
1804
721.6
120
30
1968
787.2
130
32.5
2132
852.8
140
35
2296
918.4
150
37.5
2460
984
160
40
2624
1049.6
170
42.5
2788
1115.2
180
45
2952
1180.8
190
47.5
3116
1246.4
200
50
3280
1312
210
52.5
3444
1377.6
220
55
3608
1443.2
230
57.5
3772
1508.8
240
60
3936
1574.4
250
62.5
4100
1640
260
65
4264
1705.6
270
67.5
4428
1771.2
280
70
4592
1836.8
290
72.5
4756
1902.4
300
75
4920
1968
304
76
4985.6
1994.24
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
APPENDIX 4 - Shoreline Activity Areas
The following illustrations are included in order to assist in interpreting provisions related to
shoreline activity areas.
Shoreline Activity Area
Type 1 Fish Habitat
Dock
Beach
Outside of Type 1
Fish Habitat (D.101)
Boathouse
Natural Vegetative
Buffer (H.23)
Meandering
Path (H.24)
Area A
Area B
Notes:
- Shoreline Activity Area = Area A + Area B = <25% & <23m of shoreline (H.22)
- Shoreline Activity Area bounded by parallel lines from water's edge to required setback from water's edge
- maximum of two activity areas per lot
Illustration 4-1
Shoreline Activity Area
Abutting Type 1 Fish Habitat, Category 3 Lakes
& Sensitive Lake Trout Lakes
Type 1 Fish Habitat
Dock
Beach
Setback
Outside of Type 1
Fish Habitat (D.101)
Boathouse
Shoreline Activity Area = Area A + Area B
Meandering
Path (H.24)
Area A
Area B
Illustration 4-2
Shoreline Activity Area
Frontage
Rock Breakwater
Fallen Tree
Dock
Boulders
Small Bay
Stream Mouth
Notes:
- Shoreline Activity Area Frontage is the maximum permitted length or percentage of the Lot Frontage
- Shoreline Activity Area Frontage is the distance along the actual shoreline, excepting minor structural
or natural variations (sum of line segments shown in the illustration)
- Lot Frontage is usually measured as the closest linear distance between the points at which the side
lot lines intersect the ordinary water's edge (distance between A and B)
Illustration 4-3
A
B
Shoreline Activity Area Coverage
Pumphouse-A
Docks-B
Gazebo-D
Stairs
Boathouse-C
Notes:
- SAA coverage shall not exceed 40%
- coverage = area(A+B+C+D+E+F)/SAA frontage*20
- SAA coverage to exclude legal non-complying dwellings, sleeping cabins, stairs and landings
- additions to non-complying dwellings shall be less than half of the SAA coverage (<20%)
Shoreline Activity
Area Boundary
Existing Dwelling
Shed - E
Addition - F
Paths
Illustration 4-4
TOWNSHIP OF LAKE OF BAYS
DEVELOPMENT PERMIT BY-LAW 04-180
CONSOLIDATION - NOVEMBER 18, 2010
APPENDIX 5 - Residential Provisions
The following illustrations are included in order to assist in interpreting provisions related to
residential provisions, including building height and lot coverage.
Maximum Height
8.5m (28') maximum permitted height
11m (36') roof peak
a
a
average elevation of finished grade
Illustration 5-1
highest load bearing wall
Maximum Height
Sleeping Cabin above a Garage
LR
BR
BR
WR
garage (ground level)
sleeping cabin (upper level)
24'
24'
(17'6")
12
4
(5')
roof peak
7m (23') total height
Maximum permitted height
(half the height as measured
between the top of the wall
and the roof ridge)
6m
(20')
stairs
Illustration 5-2
Area Determined - 24'x24' garage = 576 ft2 = 53.51 m2 & then rounded to 54 m2
Lot Coverage
10% maximum
coverage = 930.78m2
(10,019 ft2)
* 511m2 (5500 ft2) is
the maximum lot
coverage located
between 20m & 60m of
water's edge
** Lot coverage calculation includes all structures appertaining to the
lot including structure extending out into the water.
Illustration 5-3
20m (66')
TOTAL LOT AREA:
0.93 ha (2.3 a)
Lot Area
10% Lot
________
Coverage
.2 ha
200 m2
(0.5 a)
(2,152 ft2)
.4 ha
404.68 m2
(1 a)
(4,356 ft2)
.8 ha
809.37m2
(2 a)
(8,712 ft2)
2 ha
2,023 m2
(5 a)
(21,780 ft2)
4 ha
4,046 m2
(10 a)
(43,560 ft2)
Note: lot coverage is calculated for the entire lot area and includes all
structures appertaining to the lot, including those structures
extending out into the water.
Lot Coverage
511 m2 (5,500 ft2) max.
lot coverage to be located
between 60m & 20m
of the water's edge
Illustration 5-4