This is the exact embedded text of the captured official document.
Snapshot 57cc0d9b04d2 · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Community Planning Permit By-law 2021-111
1
Township of Lake of Bays
Community Planning Permit By-law 2021-111
Consolidation Update: May 22, 2026
This By-law is a consolidated version and includes amendments made by the
amending by-laws listed on the following page. This consolidation is prepared
for purposes of convenience only and is not the official version of the By-law.
Contact the Planning Department for more information.
Community Planning Permit By-law 2021-111
2
Incorporating amendments made by:
By-law No.
Effective Date:
BL 2024-137
October 31, 2024
Township-wide Housekeeping Amendments
BL 2025-117
August 22, 2025
Township-wide Housekeeping Amendment No. 2 -
Parking Provisions
BL 2026-064
May 22, 2026
Township-wide Housekeeping Amendment No. 4 - Limits
on Council Variations
Community Planning Permit By-law 2021-111
3
Contents
Township of Lake of Bays Community Planning Permit By-law 2021-111 ..................................................... 1
1
EXPLANATORY NOTES AND CONTEXT ............................................................................................ 7
1.1
INTRODUCTION ............................................................................................................................ 7
1.2
BACKGROUND ............................................................................................................................. 8
1.3
COMMUNITY PLANNING PERMIT ................................................................................................ 9
1.4
SHORELINE ACTIVITY AREAS ................................................................................................... 10
1.5
PRESERVATION OF VEGETATION ............................................................................................ 11
1.6
COMMUNITY PLANNING PERMIT AREAS ................................................................................. 11
1.7
WATERFRONT PLANNING AREAS ............................................................................................ 12
1.8
RURAL - PLANNING PERMIT AREA ........................................................................................... 13
1.9
SETTLEMENT - PLANNING PERMIT AREA ................................................................................ 14
2
ADMINISTRATION .............................................................................................................................. 15
2.1
TITLE AND SCOPE ..................................................................................................................... 15
2.2
INTERPRETATION ...................................................................................................................... 15
2.3
CONFORMITY AND COMPLIANCE WITH BY-LAW ..................................................................... 16
2.4
PLANNING PERMIT REQUIREMENTS ....................................................................................... 16
2.5
PLANNING PERMIT AREAS ........................................................................................................ 17
2.6
PLANNING PERMIT CLASSES ................................................................................................... 18
2.7
PROVISIONAL APPROVALS PRIOR TO ISSUANCE OF A PLANNING PERMIT ....................... 19
2.8
ISSUANCE OF PROVISIONAL APPROVALS AND PLANNING PERMITS .................................. 19
2.9
EXTENSIONS OF PLANNING PERMITS FOR ONE YEAR .......................................................... 20
2.10
CONDITIONS APPLYING TO PROVISIONAL APPROVALS AND PLANNING PERMITS ........... 20
2.11
CONDITIONS OF APPROVAL - ALL CLASSES OF PROVISIONAL AND PLANNING PERMITS
22
2.12
VARIATIONS ............................................................................................................................... 24
2.13
CRITERIA FOR VARIATIONS FROM STANDARDS .................................................................... 25
2.14
PLANNING PERMIT EXEMPTIONS ............................................................................................. 27
2.15
PLANNING PERMIT REVIEW PROCESS .................................................................................... 28
2.16
DISCRETIONARY USES AND CRITERIA FOR DISCRETIONARY USES ................................... 32
2.17
CHANGE IN USE ......................................................................................................................... 35
2.18
OBLIGATION ............................................................................................................................... 36
2.19
SITE INSPECTION ...................................................................................................................... 36
Community Planning Permit By-law 2021-111
4
2.20
UNLAWFUL USES ....................................................................................................................... 36
2.21
ENFORCEMENT AND PENALTIES ............................................................................................. 36
2.22
COMMENCEMENT OF BY-LAW AND TRANSITION .................................................................... 36
2.23
REPEAL OF FORMER BY-LAWS ................................................................................................ 37
2.24
OTHER APPLICABLE LAW .......................................................................................................... 37
2.25
AMENDMENTS TO PROVISIONAL APPROVALS OR PLANNING PERMITS ............................. 37
2.26
AMENDMENTS TO THE BY-LAW ................................................................................................ 38
2.27
AGREEMENTS ............................................................................................................................ 38
2.28
ITALICIZED TEXT ........................................................................................................................ 38
3
GENERAL PROVISIONS .................................................................................................................... 38
3.1
ACCESS ...................................................................................................................................... 39
3.2
ACCESSORY USES .................................................................................................................... 40
3.3
BED & BREAKFAST ESTABLISHMENTS .................................................................................... 44
3.4
CHILD CARE ............................................................................................................................... 45
3.5
DWELLINGS ................................................................................................................................ 45
3.6
EXISTING LOTS .......................................................................................................................... 46
3.7
FLOOD PRONE LANDS .............................................................................................................. 46
3.8
GROUP HOMES .......................................................................................................................... 47
3.9
HOME BASED BUSINESS ........................................................................................................... 48
3.10
LANDS UNDERWATER ............................................................................................................... 49
3.11
LIGHTING .................................................................................................................................... 49
3.12
MINIMUM DISTANCE SEPARATION ........................................................................................... 49
3.13
MULTIPLE PLANNING PERMIT AREAS ON A LOT .................................................................... 49
3.14
LEGAL NON-COMPLYING BUILDINGS AND STRUCTURES ..................................................... 50
3.15
LEGAL NON-CONFORMING USES ............................................................................................. 53
3.16
OUTDOOR STORAGE ................................................................................................................. 53
3.17
PARKING AND LOADING ............................................................................................................ 54
3.18
PITS AND QUARRIES ................................................................................................................. 60
3.19
PROHIBITED USES ..................................................................................................................... 61
3.20
PUBLIC USE ................................................................................................................................ 62
3.21
PERMITTED ADDITIONAL DWELLING UNITS ............................................................................ 62
3.22
SHIPPING CONTAINERS ............................................................................................................ 63
3.23
SHORELINE ACTIVITY AREAS ................................................................................................... 63
3.24
SIGHT TRIANGLES ..................................................................................................................... 66
Community Planning Permit By-law 2021-111
5
3.25
TEMPORARY USES .................................................................................................................... 66
3.26
VEGETATION REMOVAL AND SITE ALTERATION .................................................................... 68
3.27
WASTE TRANSFER SITES ......................................................................................................... 70
3.28
WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS ............................................................. 71
3.29
WATERCOURSE SETBACKS ..................................................................................................... 71
3.30
YARDS AND SETBACKS............................................................................................................. 72
4
COMMUNITY PLANNING PERMIT AREAS ........................................................................................ 73
4.1
DESIGNATION OF COMMUNITY PLANNING PERMIT AREAS .................................................. 73
4.2
WATERFRONT - PLANNING PERMIT AREAS ............................................................................ 74
4.2.1
WATERFRONT RESIDENTIAL ............................................................................................. 74
4.2.2
WATERFRONT RESORT COMMERCIAL ............................................................................ 85
4.2.3
WATERFRONT RESORT COMMERCIAL BACKLOT ........................................................... 87
4.2.4
WATERFRONT RESORT COMMERCIAL OPEN SPACE ..................................................... 89
4.2.5
WATERFRONT SERVICE COMMERCIAL ............................................................................ 90
4.2.6
WATERFRONT SERVICE COMMERCIAL BACKLOT .......................................................... 93
4.2.7
WATERFRONT OPEN SPACE ............................................................................................. 94
4.2.8
WATERFRONT ENVIRONMENTAL PROTECTION ............................................................ 101
4.3
RURAL - PLANNING PERMIT AREA ......................................................................................... 103
4.3.1
RURAL GENERAL .............................................................................................................. 103
4.3.2
RURAL LIMITED ................................................................................................................. 106
4.3.3
RURAL RESIDENTIAL ........................................................................................................ 108
4.3.4
RURAL COMMERCIAL ....................................................................................................... 110
4.3.5
RURAL INDUSTRIAL .......................................................................................................... 112
4.3.6
EXTRACTIVE INDUSTRIAL ................................................................................................ 114
4.3.7
WASTE MANAGEMENT INDUSTRIAL ............................................................................... 116
4.4
SETTLEMENT - PLANNING PERMIT AREA .............................................................................. 118
4.4.1
SETTLEMENT RESIDENTIAL ............................................................................................ 118
4.4.2
SETTLEMENT NEIGHBOURHOOD RESIDENTIAL ............................................................ 121
4.4.3
SETTLEMENT MULTIPLE RESIDENTIAL .......................................................................... 124
4.4.4
SETTLEMENT GENERAL COMMERCIAL .......................................................................... 130
4.4.5
SETTLEMENT CORE COMMERCIAL ................................................................................ 135
4.4.6
SETTLEMENT TOURIST COMMERCIAL ........................................................................... 139
4.4.7
SETTLEMENT LIMITED COMMERCIAL ............................................................................. 143
4.4.8
SETTLEMENT INDUSTRIAL .............................................................................................. 147
Community Planning Permit By-law 2021-111
6
4.5
INSTITUTIONAL COMMUNITY PLANNING PERMIT AREA ....................................................... 151
4.5.1
INSTITUTIONAL GENERAL ............................................................................................... 151
4.5.2
INSTITUTIONAL LIMITED .................................................................................................. 155
4.6
OPEN SPACE COMMUNITY PLANNING PERMIT AREA .......................................................... 159
4.6.1
OPEN SPACE ..................................................................................................................... 159
4.7
ENVIRONMENTAL PROTECTION PLANNING PERMIT AREA ................................................. 163
4.7.1
ENVIRONMENTAL PROTECTION ..................................................................................... 163
5
DEFINITIONS ................................................................................................................................... 165
6
SCHEDULES .................................................................................................................................... 193
SCHEDULE A - COMMUNITY PLANNING PERMIT AREAS ................................................................ 194
SCHEDULE B - NATURAL HERITAGE & HAZARDS ........................................................................... 195
SCHEDULE C - INFORMATION TO BE PROVIDED IN AN APPLICATION ......................................... 196
APPENDIX 1 - PERMITTED COVERAGE IN SHORELINE ACTIVITY AREA (SAA) ............................ 200
APPENDIX 2 - SHORELINE ACTIVITY AREAS ................................................................................... 201
APPENDIX 3 - RESIDENTIAL PROVISIONS ....................................................................................... 205
APPENDIX 4 - LAKE CATEGORIES .................................................................................................... 208
Community Planning Permit By-law 2021-111
7
1
EXPLANATORY NOTES AND CONTEXT
1.1 INTRODUCTION
Explanatory notes and context are provided to assist in explaining the basis for, and assisting in
an understanding of, the Community Planning Permit By-law. This section does not comprise a
formal part of the Community Planning Permit By-law and where there is any conflict of
interpretation, the requirements of the By-law shall prevail.
The Community Planning Permit System is a relatively new planning system in Ontario which is
designed to combine and replace the zoning, site plan, and minor variance processes into one
streamlined process. The Community Planning Permit By-law also regulates removal of
vegetation and alteration of the landscape (grading, blasting, filling, etc.). The Township of Lake
of Bays has proceeded with extending the Community Planning Permit System across all land
use designations, including Waterfront, Rural, and Community areas.
The Community Planning Permit System will implement the Township's Vision as provided in
the Official Plan as follows:
"The Residents of the Township of Lake of Bays will nurture and sustain clean water, fresh air,
natural shorelines, healthy forests and wetlands that will be the pride of the Province. We will
offer an outstanding combination of economic opportunity, peaceful living, and recreation. This
is our dream and legacy for our grandchildren's children. We Value: Responsible Leadership, A
Healthy Sustainable Natural Environment, A Sound Economy, Quality of Life for all, The Allure
of Our Surroundings, and Our Heritage"
The Community Planning Permit System requires a Community Planning Permit By-law to
clearly identify development rules and requirements, and it facilitates flexibility and permits the
regulation of site alteration and vegetation removal. Council decided to proceed with a
Community Planning Permit System in the Township of Lake of Bays in order to better
implement the policies of the Official Plan, including the protection of our shorelines, and to
streamline the planning process.
The Township's Waterfront areas, Community areas, and Rural areas are all subject to the
Community Planning Permit By-law. Under the former Development Permit System, only lands
in the Waterfront areas were subject to the Development Permit By-law (2004-180); lands in the
Community areas and Rural areas were subject to the Comprehensive Zoning By-law (2004-
181). This updated Community Planning Permit By-law replaces the former Development Permit
By-law and former Zoning By-law, and it applies to the entire Township.
This Community Planning 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 Planning Permit Area (zone).
Community Planning Permit By-law 2021-111
8
This By-law differs from a Zoning By-law because it permits discretionary uses, i.e. 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 identified criteria are addressed. Variation requests are evaluated on whether
they result in the appropriate development of the lands, are minor, have no detrimental impacts
on adjoining properties, maintain the intent, policies, and principles of the Official Plan and this
By-law, and have regard for the design principles and character preservation policies of the
Settlement, Waterfront, and Rural areas.
The Community Planning Permit System allows Council to delegate a degree of approval
authority 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 a Council approval is required, notice to neighbours of a public meeting will be given.
Appeals to the Local Planning Appeal Tribunal (LPAT) of a Council decision may only be made
by an applicant, not third parties.
This By-law may be amended by the same process by which a Zoning By-law is amended.
Where a proposal for development does not meet the criteria of this By-law, an amendment to
this By-law will be required. For example, an application requiring major variations from the
provisions and standards outlined in this By-law, which are not covered by Class One - Staff
Variations or Class Two - Council Variations, will require a more detailed level of review,
notification of neighbours, and may be subject to appeals to the Local Planning Appeal Tribunal
(LPAT).
1.2 BACKGROUND
The Township of Lake of Bays was the first municipality in Ontario to implement a Development
Permit System (DPS) with the adoption of By-Law 2004-180. The DPS By-law applied to lands
within the Waterfront Designation as illustrated in the Township's Official Plan (OP).
Comprehensive Zoning By-law 2004-181 applied to all other land use designations within the
municipality.
In 2014, the Township undertook a five (5) year review of its Official Plan. The new Official Plan
was adopted by Council in January, 2016 and was ultimately approved with modifications on
June 20, 2016 by the District of Muskoka. Section J of the Township Official Plan provides the
policy framework for the Township's Community Planning Permit System. The Official Plan
identified all land use designations - including Waterfront, Community, and Rural - across the
Township for inclusion in the Community Planning Permit System.
Community Planning Permit By-law 2021-111
9
1.3 COMMUNITY PLANNING PERMIT
The Community Planning Permit is a planning tool in Ontario that allows for the replacement
and combining of the zoning amendment, minor variance, and site plan approval processes, as
well as the regulation of vegetation removal and site alteration. Community Planning Permits
differ from traditional land use regulations by allowing discretionary uses, conditional approvals,
and variations to specified provisions within the By-law.
The Planning Act provides the legislative framework to establish a Community Planning Permit
(CPP) for municipalities in Ontario as a planning tool designed to streamline approvals. Ontario
Regulation 173/16 issued under subsection 70.2 of the Act provides for the establishment of
Community Planning Permits.
The development of the Township's Community Planning Permit (CPP) By-law has been
undertaken in the context of the following legislative, regulatory, and policy framework:
-
Planning Act and Ontario Regulation 173/16;
-
Provincial Policy Statement, 2020 (PPS);
-
District of Muskoka Official Plan; and
-
Township of Lake of Bays Official Plan.
Other provincial and municipal guidelines and reports also helped inform the CPP drafting
process and the updated CPP By-law.
Planning Permits will be implemented to:
a) direct the proper placement, massing, and conceptual design of buildings, structures, and
facilities on individual sites within required development standards;
b) promote compatibility, maintain character, and preserve aesthetic values;
c) address environmental and landscape conservation;
d) provide for safe, efficient, and appropriate movement of vehicular, vessel and pedestrian
access and associated facilities;
e) ensure maintenance or restoration of vegetation or natural vegetative buffers, or provision of
landscaping;
f) ensure proper grading, storm water management and construction mitigation measures are
provided;
g) ensure the conveyance of any required easement or road widening; and
h) address measures for healthy communities.
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 significant
vegetation clearing or grading, and which does not involve development within the shoreline
Community Planning Permit By-law 2021-111
10
yard and front and rear yard along a road, would generally not require a Planning Permit.
Additionally, other development proposals which meet the criteria for exemption from a Planning
Permit, or which meet all of the criteria within the relevant zone where development is proposed,
may proceed directly to the building department for building permit review.
Timelines for approval in the Community Planning Permit are significantly shorter than former
Zoning, Minor Variance, and Site Plan Control processes. Once an application for a Planning
Permit is received by the Township and is deemed complete, there is a 45-day window for the
Township to make a decision.
Under the Community Planning Permit, 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 which are determined to be minor in scope so as not to
impact adjacent properties in terms of visual or functional factors, 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. An applicant or staff may refer an application for a staff approved planning permit to
Council for their review.
Two types of approvals are identified in the By-law: provisional approvals and planning permits.
Provisional approvals are approvals in principle, subject to receiving additional information
Conditions which may be imposed as part of a provisional approval are set out in this By-law. A
planning permit could then be issued once a satisfactory study or plan is submitted.
The Community Planning Permit allows for the imposition of conditions that must be fulfilled
prior to the issuance of a Planning Permit and conditions that must be fulfilled as part of a
Planning Permit. In addition, agreements may be registered on title, such as agreements
respecting conditions imposed, although these are not always necessary.
1.4 SHORELINE ACTIVITY AREAS
Due to the prominence of shorelines in the municipality and their importance to community
character the Community Planning Permit provides for special provisions in this regard.
In accordance with Section 2.6.4.2 of the District of Muskoka Official Plan, in the Waterfront
designation 75% of the linear shoreline frontage of a lot shall be maintained in a natural state to
a depth of 15 metres from the shoreline for all land uses. The Official Plan allows for exceptions
to this shoreline buffer requirement only in cases where redevelopment is proposed or where
the lot is located within an Urban Centre or Community designation and the buffer is achieved to
the extent feasible with a net improvement over the existing situation.
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. This concept is further
illustrated in APPENDIX 2.
Community Planning Permit By-law 2021-111
11
1.5 PRESERVATION OF VEGETATION
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 Planning 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 permeable pathway. A Class 1 Planning Permit would be
required in these instances.
It is also the intent of the Township to preserve vegetation along roads, for its contribution to
ecological functions and visual character.
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.
Regulated vegetation includes healthy woody vegetation (trees and shrubs) measuring at least
1 metre 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.
1.6 COMMUNITY PLANNING PERMIT AREAS
Community Planning Permit Areas, referred to as Planning Permit Areas, are similar to zones in
a Zoning By-law, although there are some key differences. In a Zoning By-law, there would be a
schedule of zones (map), and for each zone, there would typically be a list of permitted uses, a
table of development standards (e.g. lot area, setbacks, height, number of parking spaces, etc.),
and additional provisions for permitted development. In a Community Planning Permit By-law,
there would also be a schedule of Planning Permit Areas (map), although for each Planning
Permit Area, there is a list of permitted uses as well as a list of discretionary uses, a table of
development standards with applicable Staff and Council variations, and additional provisions
for permitted or discretionary development. In essence, there is a greater level of flexibility for
site planning and minor variances to be integrated into a Community Planning Permit than a
Zoning By-law. For example, Staff or Council may vary a particular development standard or
permit a discretionary use through a Class 1 or Class 2 Planning Permit without the need for an
amendment to the By-law.
In the Township of Lake of Bays, Planning Permit Areas are identified in Schedule A to this By-
law. The Township's Planning Permit Areas are generally organized into categories of:
Waterfront, Rural, Community, Institutional, Open Space, and Environmental Protection
Community Planning Permit By-law 2021-111
12
1.7 WATERFRONT PLANNING AREAS
The waterfront designation includes those lands beyond a community designation, which
generally extend inland 150 metres from any lake greater than 8 hectares in area, or the
Muskoka, Oxtongue, Big East, and Black Rivers. Specifically, this designation:
a) includes land that physically or functionally relates to the waterfront, even though it may
extend more than 150 metres from a waterbody; and
b) includes all islands and land which form the bed of any lake or identified river; but
c) may not include land that does not physically or functionally relate to the waterfront, even
though it is located closer than 150 metres from a waterbody.
The waterfront designation identifies and describes the overall low-density shoreline community,
which is composed of permanent and recreational-residential dwellings, waterfront commercial
and open space uses, and is related to the recreational, tourism, eco-tourism and aesthetic
opportunities presented by a significant water resource. Waterfront areas are vital to the image,
vision, and economic vitality of the Township. The ecological character, health and function of
the waterfront are recognized as integral to a sustainable waterfront community.
The following principles will apply to growth and development within the waterfront designation:
a) the waterfront area of the Township is an important economic and recreational resource
which will be carefully managed to ensure orderly and sustainable development for the long-
term;
b) the integrity of the natural environment, landscape, shorelines, and water quality will be
protected;
c) cultural heritage, and natural heritage features and habitat will be conserved;
d) the aesthetic qualities and scenic features of a waterfront area will be preserved;
e) the character of the waterfront area will be maintained;
f) the traditional mix of uses in the waterfront will continue;
g) development on the land and at the shoreline will be compatible with abutting uses and the
surrounding area;
h) development will not have a negative impact on the municipal fiscal situation;
i) individual private water and sewage services and access will be sustainable;
j) the water resources of the Township will continue to be accessible to both private and public
users;
k) the ability to provide and deliver emergency services; and
l) protection against natural hazards.
Community Planning Permit By-law 2021-111
13
1.8 RURAL - PLANNING PERMIT AREA
The rural designation encompasses the hinterland beyond the boundaries of the community and
waterfront designations, as well as land which is not subject to any other designation of this By-
law.
The rural designation acts as a resource, recreational and low-density area for small-scale
development. In addition, this area acts as a conservation area for expansive undeveloped
areas and significant natural, environmentally sensitive and wildlife habitat areas.
Development in the rural designation, other than resource related industry, recreation or other
uses which require a remote location, will be directed to areas where:
a) rural development exists;
b) public road access exists or can be expanded to accommodate the proposed development to
the satisfaction of the authority having jurisdiction;
c) public services such as police, fire, ambulance, and school busing are available;
d) adequate private individual water and sewage services are feasible and where site conditions
are suitable over the long run for such services; and
e) land use conflicts with rural resource operations, rural businesses, or public facilities such as
waste management sites or waste management systems, works yards or sewage lagoons will
be prevented.
The following principles will apply where appropriate to growth and development within the rural
designation:
a) ensuring that lots are large enough for the land use;
b) providing access from a municipally owned and year-round maintained road or a private
condominium road that connects to a public road and constructed to provide appropriate access
for emergency vehicles;
c) conserving and/or restoring the natural landscape and water resources;
d) promoting and facilitating energy conservation;
e) buffering, screening, and utilizing other measures to address land use compatibility;
f) ensuring sustainable and adequate water, sewage disposal, stormwater and waste
management facilities and services;
g) protecting against natural and human hazards and wildland fires;
h) planning for barrier-free access; and
i) building a healthy community.
Community Planning Permit By-law 2021-111
14
1.9 SETTLEMENT - PLANNING PERMIT AREA
The Community designation in the Official Plan of the Township of Lake of Bays identifies
settlement areas in the Township, which act as service centres for the community as well as
surrounding waterfront and rural areas, or which have a special focus and character.
The Community designation applies to the following centres: Baysville, Dorset, Dwight, Hillside,
Echo Valley. These areas are referred to as the Settlement- Planning Permit Areas in this By-
law.
The following principles for growth and development will apply in a Community designation:
a) the role, function and focus of each community including economic sustainability will be
enhanced;
b) individual community character, appearance and identity will be conserved and fostered;
c) the integrity of the environment and natural landscape will be preserved;
d) community facilities and services will provide a focus for each community;
e) core areas will be enhanced and strengthened;
f) water and sewage systems, roads and other infrastructure are designed to sustain
development;
g) public open space, walkways, trails, and access points are provided and will be enhanced,
particularly along shorelines;
h) community boundaries will remain well defined by discouraging fringe development;
i) development will occur within the community, before the community boundaries are
expanded;
j) accessibility for persons with disabilities and older persons will continue to be improved;
k) building a healthy community;
l) encourage higher density cost-efficient development; and
m) providing adequate housing.
Community Planning Permit By-law 2021-111
15
2
ADMINISTRATION
2.1 TITLE AND SCOPE
2.1
This By-law shall be referred to as "The Township of Lake of Bays Community Planning
Permit By-law" or "By-law No. 2021-111."
2.2
The Community Planning Permit By-law applies to all land use designations within the
Township as determined by the Official Plan. All lands within the Township are therefore
within the Community Planning Permit Area.
2.2 INTERPRETATION
2.2.1 The provisions of this By-law are minimum requirements except where a maximum
requirement is specifically identified.
2.2.2 For the purposes of this By-law, the word "used" shall also mean "designed to be used",
the word "occupied" shall also mean "designed to be occupied".
2.2.3 In this By-law, words used in the present tense include the future; words in the singular
include the plural; words in the plural include the singular; and the words "used" and
"occupied" shall, where the context indicates, be interpreted to mean "intended,
arranged or designed to be used or occupied"; the word "shall" is mandatory and not
directory.
2.2.4 The Community Planning Permit Areas boundaries are shown on the Schedules to this
By-law which are attached to and form part of this By-law.
Unless the location of a boundary is specified by the dimensions on the map or
interpretation is otherwise provided for herein, a boundary which lies within a lot shall be
fixed by the scale of the map.
A boundary shown approximately at a lot line is deemed to be at the boundary of the lot
line.
A boundary shown approximately at the centre line of a right-of-way, street, lane, other
public thoroughfare, railway line, or transmission line, shall be deemed to follow the
centre line of the right-of-way, street, lane, other public thoroughfare, railway line, or
transmission line.
Community Planning Permit By-law 2021-111
16
The corrections discussed above are considered to be matters of interpretation of the
By-law with technical adjustments made being considered implementation of those
interpretations. Such corrections are not amendments to this By-law.
2.2.5 For the purposes of interpretation, two lots in common ownership, bisected by a road,
may be deemed as one lot for planning purposes. In such a situation, the two parcels
shall be interpreted to be joined as one lot at the lot lines along the road of each parcel.
2.2.6 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.
2.3 CONFORMITY AND COMPLIANCE WITH BY-LAW
2.3.1 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.
2.3.2 Where a use, building or structure has been authorized by a by-law passed,
development permit issued or a minor variance granted after January 1, 2004, and
despite any repeal of such by-law, the use, building or structure and all other specific
requirements imposed by the by-law, development permit, 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.
2.3.3 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 Section 3.14 Non-Complying Buildings and Structures apply to them.
2.3.4 Notwithstanding anything in this By-law, no person shall reduce any lot in dimensions,
either by conveyance or other alienation of title of any portion thereof, if the effect of
such action is to cause the original, adjoining, remaining or new building, structure, lot or
use of land to be in contravention of any provision of this By-law. However, no person
shall be deemed to have contravened any provision of this By-law by reason of the fact
that any part or parts of any lot has or have been conveyed to or acquired by any Public
Authority.
2.4 PLANNING PERMIT REQUIREMENTS
2.4.1 Except as set forth in Section 2.14 (Planning Permit Exemptions), all development within
the area identified on the schedules to which this By-law applies shall require a Planning
Permit. For the purposes of this By-law, development means:
Community Planning Permit By-law 2021-111
17
(a) the construction, erection or placing of one or more buildings or structures on land, or
over water
(b) the making of an addition or alteration to a building or structure that has the effect of
substantially increasing its size or usability,
(c) the laying out and establishment of,
(i) a commercial parking lot,
(ii) sites for the location of three or more mobile homes as defined in subsection
46 (1) of the Act,
(iii) sites for the construction, erection, or location of three or more land lease
community homes as defined in subsection 46 (1) of the Act, or
(iv) sites for the location of three or more trailers as defined in subsection 164 (4)
of the Municipal Act, 2001,
(d) site alteration, including but not limited to,
(i) alteration of the grade of land, and
(ii) placing or dumping fill,
(iii) blasting; or
(iv) the removal of vegetation.
2.5 PLANNING PERMIT AREAS
2.5.1 The entire Township of Lake of Bays is designated as a Community Planning Permit
Area.
2.5.2 Community Planning Permit Areas in the Township are further classified in defined areas
that are shown on the attached Schedule A to this By-law and that are specifically
designated as one of the following:
1. Waterfront Planning Permit Areas including: Waterfront Residential; Waterfront
Resort Commercial; Waterfront Resort Commercial - Backlot; Waterfront Resort
Commercial - Open Space; Waterfront Service Commercial; Waterfront Service
Commercial - Backlot; Waterfront Open Space; and, Waterfront Environmental
Protection.
2. Rural Planning Permit Area including; Rural General; Rural Limited; Rural
Residential; Rural Commercial; Rural Industrial; Extractive Industrial; and Waste
Management Industrial.
Community Planning Permit By-law 2021-111
18
3. Settlement Planning Permit Area including; Settlement Residential; Settlement
Neighbourhood Residential; Settlement Multiple Residential; Settlement General
Commercial; Settlement Core Commercial; Settlement Tourist Commercial;
Settlement Limited Commercial; and, Settlement Industrial.
4. Institutional Planning Permit Area including: Institutional General; and, Institutional
Limited
5. Open Space Planning Permit Area.
6. Environmental Protection Planning Permit Area.
2.6 PLANNING PERMIT CLASSES
2.6.1 Authority for issuance of Planning Permits is hereby delegated to Township Staff in the
case of Class One - Staff Planning Permits.
2.6.2 This By-law establishes two classes of planning permit; Class One - Staff Planning
Permits and Class Two - Council Planning Permits.
2.6.3 Class One - Staff Planning Permits and Staff Variations which may be required where
the proposed development generally meets the requirements, standards, and provisions
of the Planning Permit Area, but is not specifically exempt from requiring a Planning
Permit, or which may be required where the proposed development generally meets the
requirements, standards, and provisions of the Planning Permit Area but requires minor
relief from one or more of those requirements in accordance with the criteria outlined in
this By-law. There is no requirement for notice to be circulated or posted on the subject
property. This is further set out in Section 2.8.
2.6.4 Class Two - Council Planning Permits and Council Variations, which may be required in
certain circumstances where the proposed development generally meets the
requirements, standards, and provisions of the Planning Permit Area, but is not
specifically exempt from requiring a Planning Permit, or where the proposed
development requires more substantial or complete relief from one or more
requirements, standards, or provisions of the Planning Permit Area in accordance with
the criteria outlined in this By-law. There is a requirement for notice to be circulated to
neighbours within 120 metres of the subject property and for notice to be posted on the
subject property. This is further set out in Section 2.8.
Community Planning Permit By-law 2021-111
19
2.7 PROVISIONAL APPROVALS PRIOR TO ISSUANCE OF A
PLANNING PERMIT
2.7.1 A provisional approval may be given prior to the issuance of a Planning Permit, subject
to such conditions as are identified and stipulated in this By-law. Provisional approvals
are valid for a period of two years.
2.7.2 Proposed amendments to a Provisional Approval of Planning Permit will be reviewed in
accordance with the relevant sections of this By-law and the Official Plan.
2.8 ISSUANCE OF PROVISIONAL APPROVALS AND
PLANNING PERMITS
2.8.1 Council hereby delegates to staff, the authority to issue provisional approvals and
Planning Permits, in accordance with the following chart:
CLASS
TYPE OF DEVELOPMENT
RESPONSIBILITY
FOR
PROVISIONAL
APPROVALS
NOTICE
REQUIRED
PRIOR TO
PROVISIONAL
APPROVAL
ISSUANCE OF
PLANNING
PERMIT
Exempt
No Planning Permit required
Township Staff
N/A
Township Staff
Class 1
Planning Permit required where
the proposal conforms to
permitted uses and standards,
but is not specifically exempt
from the requirement to obtain a
Planning Permit, as detailed in
Section 2.14 (Planning Permit
Exemptions)
Planning Permit required where
the proposed use is permitted,
but which requires a Class One
- Staff Variation to one or more
standards
Planning Permit required for a
discretionary use in a
Residential planning permit area
Planning permit required to
recognize, expand, or add to a
legal non-complying building or
structure
Township Staff
No notice required Township Staff
Community Planning Permit By-law 2021-111
20
Extension of a provisional
approval or extension of a
Planning Permit
Amendment to a provisional
approval or an amendment to a
Planning Permit
Class 2
Planning Permit required where
the proposed use is permitted,
but which requires a Class Two -
Council Variation to one or more
standards
Planning Permit required for a
discretionary use in all Planning
Permit Areas other than
Residential
Planning Permit required for a
temporary use
Council
Notice to all
property owners
within 120 m
Township Staff
2.8.2 Should an application include the requirement for both Township Staff and Council
approved Planning Permits, the entire application shall require a Council approved
Planning Permit, except those seeking approval under Section 3.14 (Legal Non-
Complying Buildings and Structures).
2.9 EXTENSIONS OF PLANNING PERMITS FOR ONE YEAR
2.9.2 An extension of approval of a Planning Permit may be given upon submission of formal
request to the Director of Planning. The extension of approval shall be limited to a period
of one (1) additional year from the date of lapsing of the original conditional approval.
2.9.3 Requests for extensions to meet any condition of a Planning Permit may be extended by
Township Staff, in one (1) year intervals, up to a maximum of 3 requests, subject to this
By-law and any provisions within, as amended from time to time.
2.10 CONDITIONS APPLYING TO PROVISIONAL APPROVALS
AND PLANNING PERMITS
2.10.1 Conditions may be imposed and provisional approval may be granted prior to final
approval.
Community Planning Permit By-law 2021-111
21
2.10.2 Conditions of approval may:
a) be imposed prior to the issuance of a Planning Permit as a requirement of a
Provisional Approval;
b) be required as a condition of approval of a Planning Permit; or,
c) required in an agreement pursuant to approval of a Planning Permit and to be entered
into between the applicant and the Township and/or District of Muskoka, as may be
applicable, and registered on title.
2.10.3 If a Provisional Approval is granted with conditions, the applicant shall fulfill the
conditions associated with the approval in advance of the issuance of the Planning
Permit.
2.10.4 Where a Provisional Approval of a Planning Permit is given, the applicant has a
maximum of two years from the date of the Provisional Approval within which to
obtain the Planning Permit, failing which the Provisional Approval will lapse.
2.10.5 Any condition of a Planning Permit must be met within two (2) years from the date of
issuance of the permit. For clarity, this also applies to the implementation of planting
plans.
2.10.6 Requests for extensions to meet any condition of a Planning Permit may be extended by
Township Staff, in one (1) year intervals, up to a maximum of 3 requests, subject to this
By-law and any provisions within, as amended from time to time.
2.10.7 Following the clearance of all conditions and the issuance of a Planning Permit, the
applicant may be eligible for a building permit.
Community Planning Permit By-law 2021-111
22
2.11 CONDITIONS OF APPROVAL - ALL CLASSES OF
PROVISIONAL AND PLANNING PERMITS
2.11.1 Where an impact assessment, site evaluation report, or technical 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 Planning Permit, as a condition of a Planning Permit, or in an agreement
registered on title, and may include greater requirements than specified in other
provisions of this By-law.
2.11.2 Conditions may include the following:
CONDITIONS
a) the proposed development shall be required to be undertaken in accordance with a
planning permit, including plans and drawings, and provisions for the maintenance or
restoration of shoreline vegetation;
b) road widenings 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 in accordance with the Dark Skies By-law (2013-131), and designed 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 which include green infrastructure and
pervious permeable surfaces;
d) in the case of commercial facilities, garbage storage facilities with appropriate screening;
e) easements in favour of the municipality for the construction, maintenance or improvement
of watercourses, ditches, land drainage works and other public utilities;
f) facilities for the disposal of storm, surface, and wastewater from the land and from any
buildings or structures thereon such as low impact development principles and green
infrastructure;
g) 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;
h) maintenance of any of the works described in subsections (a) to (g) above;
i) 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;
j) in the case of development which is suspected to be within an area prone to flooding or
erosion, a natural hazard engineering report or technical report to determine the compatibility
of the proposed land use and to recommend mitigation measures; (1)
k) in the case of development within 400 metres of the design limit of a sewage lagoon
facility, a technical report recommending mitigation measures; (1)
l) in the case of development within 300 metres of a licensed pit or 500 metres of a licensed
quarry, an impact assessment to determine the compatibility of the proposed land use and to
recommend mitigation measures; (1)
Community Planning Permit By-law 2021-111
23
m) in the case of a lot which has suspected soil contamination constraints or hazardous sites,
an environmental site assessment; (1)
n) a noise and/or vibration report where 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; (1)
o) a natural heritage evaluation or environmental impact study where a development is
located within 120 metres of a natural heritage feature or area or is located within 15 metres
of the stable top of a steep slope or toe of a steep slope;(1)
p) in the case of a lot containing or abutting Type 1 Fish Habitat or unknown Fish Habitat, a
Fish Habitat Impact Assessment if development is proposed within the shoreline yard, or if a
variation to the shoreline yard is requested;(1)
q) in the case where more than the required shoreline buffer is cleared, a report from an
ecologist for reestablishment of a buffer and sign-off on required plantings;
r) in the case of buildings, structures or works extending beyond the normal or controlled high
water mark or located at the shoreline, studies will be provided to demonstrate, and plans for
construction will be designed in a manner which addresses the following matters: (1)
i. navigation;
ii. fish and wildlife habitat;
iii. the natural flow of the water;
iv. potential damage from water levels and ice heaving;
v. natural landscape and terrain;
vi. narrow water body constraints;
vii. access from the land and water; and
viii. privacy and views, as a result of projecting property lines onto the water.
s) in the case of a golf course, a hydrogeological assessment, a surface water impact
assessment (1), a pesticide and chemical management plan and an operation and
management plan;
t) a visual impact analysis; (1)
u) a lighting impact analysis; (1)
v) a land use compatibility analysis;(1)
w) a site alteration plan to demonstrate alteration or restoration of the grade of land and the
placing or dumping of fill;
x) a plan for the identification, protection, maintenance and enhancement of existing trees
and other vegetation, including the restoration or replacement of vegetation where removed;
y) actions and recommendations as set out in any approved study submitted to support the
application;
Community Planning Permit By-law 2021-111
24
z) an agreement with the Township and / or any regulating bodies, to be registered on title, to
confirm that development will proceed in accordance with the Planning Permit, including the
provision of financial securities.
aa) SWM and construction mitigation plans where construction abuts Type 1 Fish Habitat;
ab) A plan showing that residential uses shall be setback a minimum of 200 metres from a
sanitary sewage disposal site;
ac) A plan showing that non-residential uses shall be setback a minimum of 150 metres from
a sanitary sewage disposal site;
ad) A plan showing that all uses will be setback a minimum of 400 metres from a waste
stabilization pond (i.e. sewage lagoon);
ae) A preliminary technical report or comprehensive technical report where new development
is proposed within 500 metres (or within a distance or area as specified in consultation with
the Ministry of Environment, Conservation, and Parks or District of Muskoka) of an operating
or non-operating waste management site or waste management system;(1)
af) Development will not be permitted within 1000 metres of a municipal water supply intake
or sanitary sewage outfall, unless the proponent provides a study containing sufficient data to
demonstrate no negative impacts of any proposed development;(1)
ag) The completion of a site screening questionnaire, and if required, a phase 1 and phase 2, site
assessment, and a record of site condition where the phase 1 and phase 2 confirm the site does not
meet the applicable standards contained in Ontario Regulation 153/04, as amended where there is
a change of use to a more sensitive use or new lot creation: (1)
ah) 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.
ai) the payment of cash-in-lieu of parking, where an Agreement between the Township and the
owner of a property has been entered into pursuant to Section 40 of the Planning Act, as
amended;
aj) in the case of the required number of parking spaces for a commercial or institutional use
being provided on a separate lot within 500 metres of the commercial or institutional use, an
agreement, to be registered on title, between the owner of both lots and the Township.
(1) recommendations of the report will be imposed prior to issuance of a planning permit
2.12 VARIATIONS
2.12.1 Variations to the standards in this By-law may be permitted, where identified, and when
requested by the applicant, provided that a Planning Permit is obtained, in accordance
with the requirements of this By-law and the Official Plan and utilizing the following
procedures:
a) Class One - Staff Variations require that, when staff are satisfied that the variation(s)
requested do not conflict with the criteria for variations, as summarized in Section 2.13
(Criteria for Variations from Standards) of this Bylaw and further detailed in the Official
Plan, a Planning Permit be issued subject to any other applicable provisions of this By-
law.
b) Class Two - Council Variations may be granted from the stated standard and require
that, when Council is satisfied that the variation(s) requested do not conflict with the
Community Planning Permit By-law 2021-111
25
criteria for variations, as summarized in Section 2.13 (Criteria for Variations from
Standards) of this By-law and further detailed in the Official Plan, a Planning Permit be
issued subject to any other applicable provisions of this By-law.
c) Despite subsections (a) and (b) above, if in the opinion of the Township, the Official
Plan and Community Planning Permit By-law criteria for Staff and Council Variations are
not met, the application may be denied.
2.12.2 Variations are described as a percentage of permitted variation. The percentage
referred to is the amount that the standard can be varied. For example, a 10% variation
to a standard of 10m would allow a variation of 1m, and a 10% variation to a 20% lot
coverage would allow an additional 2% for a total of 22% lot coverage.
2.13 CRITERIA FOR VARIATIONS FROM STANDARDS
2.13.1 Where a Planning 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 Planning Permit:
a) the natural waterfront and environment will prevail with built form blending into the
landscape;
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;
g) building envelopes and the associated activity area will be defined and the remainder
of the property shall remain generally in its natural state; and,
h) the built form, massing, density, height, and setbacks of the proposed development
contribute to urban design which is compatible with the surrounding land uses and
community or rural character.
2.13.2 In addition to the other requirements of this By-law, the following criteria shall be used in
the evaluation of a request for a 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, or the proposal provides for
buffering and other measures to mitigate adverse impacts;
c) The proposal would maintain the general intent of this By-law;
Community Planning Permit By-law 2021-111
26
d) The proposal would maintain the general intent of the Official Plan;
e) The proposal will not include development in areas of environmental hazards or
constraints, such as flooding, natural heritage features or functions, erosion, or steep
slopes unless the proposal is shown to mitigate the hazard and physical limitations.
2.13.3 All development proposals will be evaluated with respect to adverse impacts. The
applicant will be required to demonstrate no adverse impact or provide for buffering and
other measures to avoid or mitigate the adverse impact prior to the approval and
issuance of any planning permit.
2.13.4 Variation for Reduced Shoreline Yard Setback for Septic Systems
For development utilizing septic systems on existing lots:
a) All development and site alteration located at a reduced shoreline yard setback
adjacent to waterfront requires issuance of a conditional Planning Permit.
In addition to any other conditions which may apply, all applications for Planning Permits
on waterbodies listed in Schedule E2 of the Muskoka District Official Plan shall be
required to submit a Muskoka District Lake System Health Standard or Enhanced
Protections Policy Compliance Analysis prior to the issuance of a Planning Permit as a
requirement of a Provisional Approval.
b) 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.
c) That a shoreline buffer of at least 15 metres in depth be maintained between the
septic system and the lake.
2.13.5 Where a variation is required for any development and site alteration located as a
reduced shoreline yard setback adjacent to waterfront the issuance of a conditional
Planning Permit on a waterbody listed in Schedule E2 of the Muskoka District Official
Plan in addition to any other conditions which may apply, such application shall require
submission of a Muskoka District Lake System Health Standard or Enhanced
Protections Policy Compliance Analysis prior to the issuance of a Planning Permit as a
requirement of a Provisional Approval. Such an analysis shall also require that at a
minimum it 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 how these
requirements are to be implemented in the Planning Permit.
Community Planning Permit By-law 2021-111
27
2.14 PLANNING PERMIT EXEMPTIONS
2.14.1 The following classes of development shall not require a Planning Permit:
a) any development that is a permitted use which fully complies with all of the relevant
provisions of this By-law, in a Waterfront, Settlement, Rural, or Institutional Planning
Permit Area, which:
i)
does not require a variance or conditions of approval;
ii)
is not in or adjacent to a Natural Heritage Area as shown on Schedule
'B';
iii)
is not within a shoreline activity area or shoreline buffer
iv)
is not within 30m of a watercourse;
v)
is not on or immediately adjacent to slopes in excess of 30%;
vi)
is not on or adjacent to Hazard Lands as defined or as shown on
Schedule 'B' or otherwise identified at the time of permit application;
vii)
is not within a Heritage area as shown on Schedule C2 of the District of
Muskoka OP;
viii)
is not island development; and
ix)
is not substantial development, including lot creation, development of a
vacant lot and redevelopment of a lot with waterfront (including backlots)
on a waterbody listed in Schedule E2 of the Muskoka District Official
Plan.
b) development for which a site plan agreement has been entered into pursuant to the
Township's former Site Plan Control By-law;
c) site alteration and vegetation removal provided that it is located outside of the areas identified as
requiring a Planning Permit in Section 3.26 (Vegetation Removal & Site Alteration);
d) repairs and maintenance of any existing buildings or structures such as the
replacement of windows, doors, stairs, and decks, that will not result in changes to any
floor area or gross floor area of the structure and location;
e) placement of a portable classroom on a school site of a district school board if the
school site was in existence on January 1, 2007;
f) placement of fill in an amount of:
i) less than 10 cubic metres on a lot in the Waterfront Planning permit Area or less
than 0.4ha in size; or
ii) less than 30 cubic metres on any other lot;
However, fill for an approved septic system and development approved through an
issued building permit is also exempt;
g) an agricultural use in the Rural Planning Permit Area except where the property is
adjacent to a natural heritage feature;
Community Planning Permit By-law 2021-111
28
h) a Forestry Operation or Conservation Use; and
i) site alteration or vegetation removal within the Rural Planning Permit Area outside of
required vegetated buffer along roads.
All other development and site alteration shall require a Planning Permit.
2.15 PLANNING PERMIT REVIEW PROCESS
2.15.1
Pre-Consultation
2.15.1.1 Applicants are encouraged to consult with Township Staff prior to submitting a
Planning Permit Application. Pre-consultation will provide important information
including the identification of required studies and/or reports in support of an
application. Failure to consult with Township Staff prior to submitting an application
may result in delays related to incomplete applications. The extent of issues to be
addressed within individual technical reports, impact assessment, or site evaluation
studies are established in the Official Plan.
2.15.1.2 A site visit may be required.
2.15.1.3 The pre-consultation process shall identify any study or report required as part of a
complete application. The Township will provide written confirmation of the studies
and/or reports necessary to ensure a complete application. Such studies and/or reports
shall be prepared by professionals qualified in the specific discipline in question. The
Township may establish individual requirements or terms of reference for technical
reports. Studies may be required to be peer reviewed at the owner's expense.
Applications for a Planning Permit or application for a scoped decision may be required
to submit the one or more of the following studies or reports:
1. Archaeological Assessment;
2. Boat Impact Assessment;
3. Building Materials Samples;
4. Building Shadow Impact Assessment Study;
5. Capacity calculations for municipal water and sewage services, private hauled
sewage, and solid waste;
6. Coloured Perspective Drawings;
7. Compliance with MNEP Guidelines D-1, D-6, and NPC-300;
8. Concept Plan;
9. Confirmation on sufficient public or private sewage system capacity and water
system capacity;
10. Construction Mitigation Plan;
11. Construction Traffic Management Plan;
12. Cost Estimate for External Works;
13. Drainage and/or Stormwater Management Report;
14. Shoreline Buffer Restoration Plan;
15. Environmental Impact Assessment or Natural Heritage Evaluation for a natural
Community Planning Permit By-law 2021-111
29
heritage feature or area;
16. Financial Impact Report;
17. Fish Habitat Impact Assessment;
18. Flood or Erosion Impact Report;
19. Functional Servicing Report;
20. Geotechnical Assessment;
21. Heritage Impact Assessment Report;
22. Hydrogeological and Terrain Analysis Assessment;
23. Hydrogeological Study;
24. Muskoka District Lake System Health Standard or Enhanced Protections Policy
Compliance Analysis;
25. Influence area study for development in proximity to a waste management facility
or industrial use;
26. Land use compatibility, noise, or vibration assessment;
27. MDS I or II calculation;
28. Agricultural impact assessment;
29. Minimum separation distance calculation for an industrial use or a waste
management facility;
30. Species at Risk Assessment;
31. Parking and Loading Study;
32. Pavement Marking and Loading Study;
33. Pesticide or Chemical Management Report;
34. Water Quality Impact Assessments;
35. Environmental Site Assessment and/or Record of Site Condition;
36. Photographs of Existing Context;
37. Planning Justification Report;
38. Reference Plan;
39. Servicing Options/Functional Servicing Report;
40. Sight-Line Study;
41. Site Evaluation;
42. Source Water Protection Study;
43. Transportation / Traffic Study;
44. Urban Design Brief;
45. Utilities Plan;
46. Vegetation Inventory and /or Tree Preservation Plan; and,
47. Wildland Fire Assessment.
2.15.1.4 The extent of issues to be addressed within individual technical reports, impact
assessment, or site evaluation studies may include some or all of the following
depending on the specific circumstances:
a) site specific information, such as a description of the lands, location, slope and soil
characteristics, vegetation, drainage, geology, erosion, and flooding characteristics;
b) description of the regional context of the site, detailing surrounding land use
characteristics and environment;
c) identification and analysis of wetlands, wildlife and fish habitat, other natural heritage
Community Planning Permit By-law 2021-111
30
features and areas, and other environmentally sensitive areas or values which should be
preserved;
d) detailed information, identification, and analysis of the features, functions, or values
for which a natural heritage area has been identified;
e) identification of any natural or man-made development constraints or hazards to
development;
f) identification of natural or cultural resources or scenic features which should be
preserved;
g) the various aspects of the proposal should be identified such as:
- the scope of the proposal;
- whether and in what manner all components of the proposal can be situated on the
site within the zoning or development permit requirement;
- potable water supply and suitability for waste disposal systems;
- provision of access;
- location of shoreline structures and activity areas on waterfront lots; and
- how sensitive the site is to an alternative structural arrangement;
h) a statement concerning the appropriateness of the site and the proposed
development;
i) an explanation of how the identified features, functions and values of an area or site
will be preserved and confirmation that the whole area or site will remain ecologically
viable;
j) potential impacts of the proposed development should be identified and
recommendations respecting if and how development can be appropriately
accommodated;
k) where the development is appropriate, specific recommendations should be provided
detailing how the development can be accommodated or mitigated in a reasonable and
environmentally sound manner;
l) identification of any required or appropriate mitigation measures, which may be related
to matters such as storm water management, site development, location of buildings and
structures, or retention of vegetation; and
m) the report should include any other information, which may be necessary in order to
evaluate a specific issue or potential impact and to make a proper decision respecting
the development proposal.
2.15.2
Complete Application
Community Planning Permit By-law 2021-111
31
2.15.2.1 Applications for a Planning Permit shall comply with the complete application
submission requirements identified in Schedule 1 of Ontario Regulation 173/16. Where
any required external approvals are required these approvals may be required to be
provided to the Township for an Application to be deemed complete.
2.15.3
Application Submission and Review
2.15.3.1 The Owner shall submit an Application, associated drawings and studies as identified
in the pre-consultation and in accordance with the requirements outlined in Schedule 1
to O. Reg. 173/16.
2.15.3.2 The Director of Planning or designate will evaluate each application and will issue a
statement within 30 days after receipt by the Township that the submission meets all the
requirements of a complete application, as outlined within the Official Plan of the
Township of Lake of Bays. The applicant will receive formal correspondence from the
Director of Planning or designate. The timelines for review will commence at that date.
2.15.3.3 The Application shall be circulated for comment to the relevant approval authorities as
determined by the Township.
2.15.3.4 Upon receipt of a complete Application the Township shall make a decision on the
Application.
2.15.4
Referral to Council
2.15.4.1 The Owner or Township Staff may refer an Application to Council at any time prior to
the decision of an Application.
2.15.5
Notice Provisions
2.15.5.1 If the standard for development falls under a Class 1 Planning Permit, no notice is
required.
2.15.5.2 If the standard for development falls under a Class 2 Planning Permit, notice of the
Application is given by first class mail to residents within a minimum of 60 metres and
up to a maximum of 120 metres of the subject property and by the placement of a sign
on the street frontages and lake side of the property, if applicable. Notice shall be
provided by on-site signage and shall include an explanation of the application, a
contact name and phone number to obtain additional information or to submit
comments or concerns, and the deadline for the submission of comments. The notice
will allow for a minimum of 15 days to provide for written submissions to the Director of
Planning prior to the public meeting to which the application is assigned.
Community Planning Permit By-law 2021-111
32
2.15.6
Decision
2.15.6.1 Upon review of a complete Application the Township may:
a) approve the Application and issue a Planning Permit with no conditions;
b) approve the Application subject to conditions being met before the issuance of a
Planning Permit;
c) approve the Application and issue a Planning Permit with conditions attached;
d) approve the Application subject to conditions being met before the issuance of a
Planning Permit and with conditions attached; or
e) refuse the Application and no Planning Permit is issued.
2.15.7
Notice of Decision
2.15.7.1 Within 15 days after Council, or delegated staff, make a decision with respect to a
Planning Permit, written notice of the decision, including reasons and any imposed
conditions, shall be given to the applicant and to each person or public body that filed a
written request to be informed of the decision with the clerk of the municipality.
2.15.7.2 Where a Planning Permit is not issued, a notice of refusal to issue a Planning Permit
shall be given to the Owner. Notice 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. The
Township shall issue a notice of decision to the Owner within 15 days of the date of
decision.
2.15.8
Right to Appeal
2.15.8.1 The Owner can appeal in writing to the Local Planning Appeal Tribunal (LPAT) as set
out in the Planning Act.
2.16 DISCRETIONARY USES AND CRITERIA FOR
DISCRETIONARY USES
2.16.1 A discretionary use, as specifically identified in this By-law, may be permitted subject to
applicable criteria as set out in this By-law.
2.16.2 In addition to the various discretionary uses set out in the applicable section of this By-
law, a Dwelling Unit where located in proximity (i.e. within 500m) to an identified non-
Community Planning Permit By-law 2021-111
33
operating or operating Waste Management Site is a Discretionary Use
2.16.3 Where a Planning Permit for any discretionary use is required, in addition to the other
requirements of this By-law, the provisions of Section 2.13 (Criteria for Variations from
Standards) and Section 2.10 (Conditions Applying to Provisional Approvals and Planning
Permits and Section 2.11 (Conditions of Approval - All Classes of Provisional and
Planning Permits) shall also apply.
2.16.4 Where a Planning Permit is required for a discretionary use the following criteria shall
also apply:
2.16.4.1
Detached Dwelling or Group Home as a Discretionary Use
Where a Planning Permit is required for the discretionary uses of a detached dwelling,
or a group home, a provisional approval shall require submission of a Muskoka District
Lake System Health Standard or Enhanced Protections Policy Compliance Analysis
for any lot adjacent to a lake listed in Schedule E2 of the Muskoka District Official Plan
prior to the issuance of a Planning Permit. Such an analysis shall also require that at a
minimum it 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 how
these requirements are to be implemented in the Planning Permit.
2.16.4.2
Sleeping Cabin (Bunkie) as a Discretionary Use
Where a Planning Permit is required for the discretionary uses of a Sleeping Cabin, a
site evaluation to determine if any sensitive features are present on the site and any
other reports deemed necessary by the Township shall be provided.
2.16.4.3
Accessory Golf Courses as a Discretionary Use
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 Planning 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.
2.16.4.4
Accessory Driving Range as a Discretionary Use
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 Planning Permit:
a) The property has access onto a year-round publicly maintained, public road;
Community Planning Permit By-law 2021-111
34
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.
2.16.4.5
Accessory Stables as a Discretionary Use
In addition to other requirements of this By-law prior to the issuance of a Planning
Permit a report demonstrating compliance with Ministry of the Environment Minimum
Separation Distance Formula must be provided
2.16.4.6
Waterfront Resort Commercial Permitted Uses as a Discretionary Use
For uses permitted in 'Waterfront Resort Commercial', only as part of an existing
shoreline 'Waterfront Resort Commercial' operation the following matters shall be
addressed to the satisfaction of the Township prior to the issuance of a Planning
Permit:
(a) a site evaluation demonstrating that there would be no negative impacts to the
natural heritage features and functions of the area.
(b) a hydrogeological report;
(c) a stormwater management report;
(d) a construction mitigation plan;
(e) an operation and management plan; and
(f) any other reports deemed necessary by the Township.
A new resort development can only be established in the Waterfront Planning Permit
Area by amendment to the Area Municipal Official Plan.
2.16.4.7
Dwelling Unit Where Located in Proximity to an Identified Non-operating or
Operating Waste Management Site as a Discretionary Use
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 Planning
Permit:
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.
Notwithstanding the above and any contrary provision of this by-law, no new
development shall be permitted within 30 metres of a waste management site,
Community Planning Permit By-law 2021-111
35
however development may be permitted within 20m as a discretionary use and by
Council variation of the 30m prohibition where a technical report addresses the
requirement of applicable MECP guidelines.
2.16.4.8
Dock, Existing Golf Course, Existing Driving Range, Existing Private Park,
Interpretive Centre, Miniature Golf Facility, Alpine Ski Facility, or Nordic Ski
Facility as a Discretionary Use
a) Dock - To protect fish habitat, a dock would need to be in accordance with federal
and provincial requirements. A dock may require the submission of a fisheries
assessment satisfactory to the Township, or a letter of approval from the Department of
Fisheries and Oceans.
b) All Uses - Issuance of a Planning Permit shall be subject to a Fisheries Impact
Assessment, Environmental Impact Statement, or other impact assessment, site
evaluation, or technical report, to the satisfaction of the Township.
c) Mini Golf Course - 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
Planning Permit:
i) The site is suitable for the use proposed;
ii) The property has access onto a year-round publicly maintained, public road;
iii) Adequate potable water and sewage disposal can be provided;
iv) Access routes are appropriate or can be upgraded to accommodate the
additional traffic;
v) The proposal will be compatible with surrounding properties; and
vi) Parking areas will be buffered from roadways.
2.16.4.9
Structures Intended to Facilitate Passive Recreational Uses Such as Boardwalks
as a Discretionary Use
Issuance of a Planning Permit shall be subject to a Fisheries Impact Assessment,
Environmental Impact Statement, or other impact assessment, site evaluation, or
technical report, to the satisfaction of the Township
2.17 CHANGE IN USE
2.17.1 No change in the use of any land, building or structure shall be permitted, unless such
change in use complies with the permitted uses, general provisions, and planning permit
area provisions within the planning permit area in which such land, building or structure
is located.
2.17.2 In all planning permit areas, any building or structure which is moved from one location
to another, whether within the planning permit area or from one planning permit area to
Community Planning Permit By-law 2021-111
36
another, or from any location beyond the boundary of the Township, into any planning
permit area, shall be considered as being a new building or structure and shall comply
with the provisions of this By-law.
2.18 OBLIGATION
2.18.1 Nothing in this By-law shall relieve any obligation to comply with the requirements of the
Ontario Building Code Act, any other By-laws of the Township of Lake of Bays and the
District of Muskoka, and provincial and federal legislation.
2.19 SITE INSPECTION
2.19.1 Staff may, enter upon land related to a planning permit and/or planning application, for
the purpose of determining whether there is compliance with this By-law and any such
entry shall comply with the Planning Act and any other applicable legislation.
2.20 UNLAWFUL USES
2.20.1 Any use established in violation of any predecessor of this By-law is deemed to have
been established unlawfully.
2.21 ENFORCEMENT AND PENALTIES
2.21.1 Any person who contravenes any provisions of this By-Law is guilty of an offence and
upon conviction is liable to the penalties as provided for under the Planning Act or
section 434.1 of the Municipal Act, 2001, S.O. 2001, c.25 as amended ("Municipal Act
2001"), administrative penalties
2.22 COMMENCEMENT OF BY-LAW AND TRANSITION
2.22.1 This By-Law shall come into force and effect in accordance with Section 9 of Ontario
Regulation 173/16 as follows:
a) the day after the last day for filing a notice of appeal, if there are no appeals; or,
b) the day after the day on which all of the appeals are disposed of by LPAT, or such
later date as LPAT may otherwise order.
Community Planning Permit By-law 2021-111
37
2.22.2 Any site specific applications in process at the time of the passing of this By-law, and subsequently
approved prior to the day that this By-law comes into force and effect shall prevail over the provisions
of this By-law in the event of any conflict, and shall be incorporated into this By-law as a site specific
amendment or a community planning permit.
2.23 REPEAL OF FORMER BY-LAWS
2.23.1 On the day that this By-Law comes into force and effect, Development Permit By-Law
2004-180 and Comprehensive Zoning By-Law 2004-181 of the Township of Lake of
Bays are hereby repealed.
2.23.2 Where a use, building or structure has been authorized by a permit issued under By-law 04-180 or a
by-law passed, or a minor variance granted, after January 1, 2004, and despite any repeal of such
by-law, the use, building or structure and all other specific requirements, imposed by the permit, 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 of a by-law, permit, or
minor variance so passed or granted, the specific provisions passed or granted shall prevail.
2.23.3 Pursuant to Section 36 of the Planning Act, and despite the repeal of any former by-laws, the
conditions imposed by the Holding provision of former by-laws will continue to apply. Where there
is a conflict between the provisions of this by-law and the specific provisions of any previous by-law
imposing a Holding provision, those specific provisions shall prevail.
2.23.4 Notwithstanding anything to the contrary in this By-law, including Section 2.23.1, the lands
described as Island A (Langmaid Island), Geographic Township of McLean, Now in the Township of
Lake of Bays, District Municipality of Muskoka, shall continue to be governed by By-law 04-180, as
amended by the decision of the Ontario Land Tribunal on OLT Files 22-002969/22-002970/22-
002972/22-002974, save and except the following provisions:
i.
Maximum building height shall be governed by Section 4.2.1.4.j) of this By-law; and
ii.
The definition of "height" shall be governed by the applicable definition in Section 5 of this By-law
2.24 OTHER APPLICABLE LAW
2.24.1 Nothing in this By-Law shall relieve any person from the obligation to comply with all
other applicable law such as the Ontario Building Code Act, Public Lands Act, Ontario
Water Resources Act, Endangered Species Act, and federal Fisheries Act.
2.25 AMENDMENTS TO PROVISIONAL APPROVALS OR
PLANNING PERMITS
Community Planning Permit By-law 2021-111
38
2.25.1 At the request of the Owner, and where considered appropriate by the Township,
amendments to a provisional approval or to a Planning Permit may be made at any time,
subject to this By-law and any provisions within.
2.26 AMENDMENTS TO THE BY-LAW
2.26.1 Where a proposal is beyond the permissible standards, including any stated variations
thereto, and permitted and discretionary uses, an amendment to this By-law will be
required. An amendment to this By-law can be initiated by the Township or by a private
landowner. Any amendment to this By-law must be supported by a comprehensive
planning rationale within the context of the planned vision for all of the lands within the
area subject to the Bylaw and must provide details of public and community engagement
to support the amendment.
2.27 AGREEMENTS
2.27.1 The Owner may be required to enter into a Planning Permit Agreement with the
Township, to be registered against the lands affected, which shall include but not be
limited to:
a) The responsibility of each party to execute and complete all works envisioned in the
Planning Permit Approval,
b) Detailed drawings and specifications of the work to be completed, including plans
showing the physical relationship to the adjacent properties and public right-of-ways,
c) The timing of construction, including commencement and completion,
d) Any financial guarantees and /or fees required by the Township to ensure the
completion of the works described in the Planning Permit.
2.27.2 Council delegates the authority to Staff to prepare, and to amend, any Planning permit
Agreement required by the Planning Permit.
2.28 ITALICIZED TEXT
2.28.1 Terms for which definitions are provided are shown in italicized text for information
purposes.
3
GENERAL PROVISIONS
Community Planning Permit By-law 2021-111
39
3.0.1 The General Provisions section of this By-law provides the regulations which apply
regardless of the standards provided in the designation (i.e. the Planning Permit Area
classification) which applies to any particular building, structure, or use. Whereas the
designation provides site specific controls which apply to such items as permitted uses
and locational restrictions, general provisions provide regulations more general in
nature, which apply to a variety of uses regardless of the designation.
3.0.2 No lands shall be used and no buildings or structures shall be erected, altered, enlarged,
or used within any delineated area on the attached maps which form part of this
Community Planning Permit By-Law, subject to conformity with the standards and
provisions of this Community Planning Permit By-Law and subject to the provisions of
Section 3.14 (Non-complying Buildings & Structures) and 3.15 (Non-conforming Uses).
3.0.3 Variations to any general provision within Section 3 of this By-law will be subject to a
Class 2 (Council Variation) Planning Permit Application, unless otherwise specified.
3.0.4 General provisions shall not be varied for any use that is not permitted within the
applicable Planning Permit Area.
3.1 ACCESS
3.1.1 Subject to the other provisions of this By-law, in Community and Rural areas, all new
development will front upon and be accessible from a year-round maintained and
publicly owned road which is in a condition appropriate for the use proposed and can
accommodate the additional traffic.
3.1.2 Notwithstanding Section 3.1.1, minor residential infilling may be considered on an existing private
road provided that:
a) it is determined to the satisfaction of the Township that the upgrading and Township
assumption of the private road is not feasible or desirable;
b) the development would not significantly extend the private road and it is the last
development feasible;
c) a legal right of way has been secured;
d) emergency service can be accommodated; and
e) any limits on municipal services are identified in a municipal agreement.
3.1.3 In Community Planning Areas, private road access may be permitted for internal access
within a condominium.
3.1.4 In Rural Planning Areas, private road access may be permitted for forestry and
aggregate extraction operations
3.1.5 In Waterfront Planning areas, development will have frontage on and access from a
Community Planning Permit By-law 2021-111
40
year-round maintained, public road, wherever possible. Development of shoreline lots
may be permitted with the following access:
a) seasonally maintained, public road;
b) a private condominium road that can safely accommodate emergency vehicles and it
connects to a municipally owned and year-round maintained road;
c) a private road, with a legal right of way; or
d) water access, where:
road access is not available,
road access cannot be provided by way of an extension from an existing road in
the vicinity
adequate private or commercial docking and parking facilities are provided
through commercial marinas, private individual access points servicing a
maximum of three properties, or waterfront landings servicing four or more
properties, to the satisfaction of the Township,
in the case of a resort commercial use, the parcel on which such mainland
facilities are located fronts on and is accessible from a year-round maintained,
public road.
3.1.6 Mainland parking and docking facilities for water access properties including islands may
be provided through commercial marinas, private individual access points serving a
maximum of three residential properties, or waterfront landings serving a single
commercial property or four or more residential properties.
3.2 ACCESSORY USES
3.2.1 Restricted Accessory Uses
3.2.1.1 Accessory uses, buildings or structures, 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, other than
additional dwelling units (ADUs), garden suites, and sleeping cabins (bunkies).
c) Sections 3.2.1.1 a) and 3.2.1.1 b) shall not be varied by way of a Community Planning Permit.
Community Planning Permit By-law 2021-111
41
3.2.2 Additional Dwelling Units, Garden Suites, Sleeping Cabins, or
Hunt Camps
3.2.2.1 Where specifically permitted by this By-law, only one (1) of the following accessory uses
is permitted on a lot: an Additional Dwelling Unit (ADU), a garden suite, a sleeping cabin
(bunkie), or a hunt camp.
3.2.3 Sequence of Development
3.2.3.1 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
15 square metres in gross floor area; a dock that is not more than 28 square metres in
building area; and, accessory stairs and associated landings located within the required
shoreline yard setback. This exception does not apply to any lot which cannot be
developed in accordance with all relevant requirements and provisions of this by-law.
3.2.4 Requirements for Minimum Yard Setbacks
3.2.4.1 Except for permitted shoreline structures and as is otherwise specifically permitted in this
By-law, a new accessory building(s) or structure(s) that is not part of a principal building
or structure shall not be erected within any required minimum yard setbacks. For the
purposes of this provision, decks and stairs that are within 1.5 metres of a building are
considered part of the building and are not permitted to project within any required yard.
3.2.5 Short-term Rental
3.2.5.1 A Short-term rental may only be located within a principal dwelling. Where a short-
term rental is permitted in a Community Planning Permit Area, the following
provisions apply:
a) It is required to be licensed by the Township.
b) A maximum of one Short-Term Rental shall be permitted in one principal
dwelling per lot.
3.2.5.1.2
In Community Planning Permit Areas that permit a Short-term Rental and a
sleeping cabin, a Short-term Rental shall be permitted to extend into an existing
sleeping cabin associated with a Short-term rental licence for the principal dwelling,
provided:
a) There is one Short-term Rental per lot; and,
Community Planning Permit By-law 2021-111
42
b) The septic system can accommodate daily flow for all buildings and/or
structures.
3.2.6 Sleeping Cabins (Bunkies)
3.2.6.1 In all Planning Permit Areas where a sleeping cabin is a permitted use or a
discretionary use, a sleeping cabin is not permitted in combination with an Additional
Dwelling Unit or Hunt Camp unless otherwise explicitly permitted in this By-law.
3.2.6.2 The maximum gross floor area of a sleeping cabin shall not exceed 54 square metres.
A sleeping cabin may be located over a garage, in accordance with the provisions of
Section 3.2.7.1. Any variation from these provisions shall require a Class Two - Council
Variation.
3.2.6.3 A sleeping cabin shall not be permitted above a boathouse.
3.2.6.4 A maximum of one sleeping cabin per lot shall be permitted, in accordance with Section
3.2.2.1.
3.2.6.5 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.
3.2.7 Staff Housing
3.2.7.1 Staff housing shall be permitted in all Commercial Planning Permit Areas provided the
applicable development provisions and standards in this By-law are met.
3.2.7.2 Staff housing shall not be permitted to be used as a Short-term Rental..
3.2.8 Yards & Setbacks Exceptions
3.2.8.1 Despite the yard and setback provisions of this By-law to the contrary, awnings, clothes
poles, flag poles, garden trellises, fences, signs that comply with a sign by-law or
regulation of a public authority, or similar structures not exceeding 2.3 square metres in
footprint are permitted within any yard setback.
3.2.8.2 Generators are not permitted within any required yard setback.
3.2.8.3 Despite the yard and setback provisions of this By-law to the contrary, retaining walls
which are less than 1 metre in height are permitted within any yard setback, however
within the required shoreline yard setback retaining walls must comply with the
Community Planning Permit By-law 2021-111
43
maximum Shoreline Activity Area (SAA) frontage provisions of the applicable zone. For
the purposes of this provision, multiple retaining walls a maximum of 1 metre in height
setback from each other and placed in a stepped fashion, a minimum of 2 metres apart
(measured from the rear of one wall to the front of the other as shown in illustration
below), and include vegetation between the steps, that will grow to a minimum of 1
metre in height, will be considered to be one retaining wall, but will be permitted in any
yard setback without a Staff Planning Permit. The erection of multiple retaining walls
spaced less than 2 metres apart with the intent to create a retaining wall cascade
exceeding 1 metre in height will be considered to be a singular retaining wall, and is not
permitted as-of-right. Notwithstanding the above, a minimum side yard setback of 2
metres shall apply to all retaining walls, and 4.5 metres in any shoreline yard setback (in
accordance with Section 3.23.2.2).
3.2.8.4 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 a maximum distance
of 1 metre, excluding any roof overhang on a flat-roofed boathouse.
3.2.8.5 Despite the yard and setback provisions of this By-law to the contrary, within a
residential Planning Permit Area a detached, one storey garage or storage shed not
exceeding 5.6 metres in height can be located a minimum of 2.5 metres from an
interior side lot line.
3.2.9 Height Exceptions
Community Planning Permit By-law 2021-111
44
3.2.9.1 The height provisions of this By-law shall not prevent the use, erection or alteration of
the following accessory buildings or structures provided the principal use is permitted
within the Planning Permit Area and complies with all other provisions of the Planning
Permit Area:
a) a belfry,
b) a church spire,
c) a clock tower,
d) a flag pole,
e) a non-commercial communication or radio or television antenna or tower,
f) an ornamental roof structure that contains no floor area and is less than 2.3 sq. m. in
area,
g) a water tank,
h) a windmill.
3.3 BED & BREAKFAST ESTABLISHMENTS
3.3.1 Bed and Breakfast establishments, where permitted, shall be located in a detached
dwelling unit; be an accessory use to a detached residential use; and, are restricted to a
maximum of three (3) guest rooms.
In addition to the zone provisions which apply, a Bed and Breakfast:
a) Shall clearly be a secondary and incidental use of the lot and principal dwelling.
b) Shall be conducted entirely within the dwelling except for an associated outdoor
amenity area.
c) Where located within a settlement planning area, the outdoor amenity area for guests
shall be fully screened by a fence or landscaping screen so as to limit disturbance to
neighbours.
d) Where located within a settlement planning area, the parking area for guests shall be
a stable surface which shall not be located any closer than 3 metres to a neighbouring
property, and shall be screened from any adjacent residential use with a landscaping
screen or fence.
e) The parking spaces attributable to a guest use shall be designated for the exclusive
use of the guests and shall be so signed.
f) May include the serving of food to guests but shall not include in- room meal
preparation areas for guests, and shall not include serving of meals, as a service, to any
party other than the occupants of the guest rooms.
Community Planning Permit By-law 2021-111
45
g) Shall not be an exclusive use of a dwelling, and at least one bedroom shall remain
available on a full-time basis for the residents of the dwelling.
h) Shall be conducted by at least one of the residents of the dwelling unit.
i) Shall be occupied by the owner or tenant at any times when guest rooms are available
to or occupied by the traveling public.
j) Shall not alter the residential character of the building or neighbourhood as a
consequence of alterations to the building associated with, or required for the use, noise,
or the frequency of external contact.
k) Shall not involve the outdoor storage or display.
l) Signage for Bed and Breakfast establishments shall be in accordance with the
dimensions stated in Section 3.9 (Home Based Business).
3.3.2 Any required parking and/or amenity areas required for the Bed and Breakfast operation
shall be buffered from neighbouring residential uses.
3.4 CHILD CARE
3.4.1 Home child care is permitted in all designations where residential uses are permitted as
a principal use. Such home child care establishments shall comply with the provisions of
the Child Care & Early Years Act, 2014 and any updates thereto.
3.5 DWELLINGS
3.5.1 Dwelling Unit Size
3.5.1.1 The minimum gross floor area of any dwelling will be in accordance with the standards
set out in the Ontario Building Code based on Division B.9.5.
3.5.1.2 Within the Waterfront Planning Permit areas, and on any lot in the Settlement Planning
Permit Area that has waterfront, the maximum gross floor area of any dwelling will be
700 square metres. For the purposes of this provision the maximum gross floor area
shall include only the dwelling and not an attached garage or any enclosed or
unenclosed deck attached to the dwelling.
3.5.1.3 Despite any other provision in this By-law, the maximum width of a dwelling in the
Waterfront Planning Permit Area and on any lot in the Settlement Planning Permit Area
that has waterfront is limited to the lesser of 75% of the width of the property,
measured from the applicable minimum side yard setbacks, or 50 metres width,
whichever is the lesser, as measured parallel to the front lot line at a distance of the
required minimum front yard setback, so as to ensure that dwelling façades do not
Community Planning Permit By-law 2021-111
46
dominate the visual or built form of the property.
3.5.2 Maximum Number of Dwelling Units
3.5.2.1 Except as is specifically permitted in this By-law, no more than one dwelling unit is
permitted on a lot.
3.6 EXISTING LOTS
3.6.1 Where an existing lot, that contains a dwelling, does not meet the minimum lot area or
frontage requirements, construction of additions or accessory structures shall be
permitted provided that the proposal complies with all other provisions of the By-law.
3.6.2 Where an existing vacant lot exists and 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 of lot area and 30 metres of water or lot frontage, and provided that
the proposal complies with all other provisions of the By-law.
3.6.3 Where there is an existing vacant waterfront back lot that does not meet the minimum lot
area or frontage requirements, the lot may be developed by way of a Class 1 Staff
Planning Permit provided that there is a minimum of 0.8 hectares of lot area and 60
metres of frontage on a year-round publicly maintained public road, and provided that
the proposal complies with all other provisions of the By-law.
3.6.4 Where a land acquisition by any public authority results in a change to the configuration
of a lot that conforms to the By-law (including land acquisition by a public authority by way
of a condition of a planning application),, such that it does not comply with the applicable
Planning Permit Area lot area and frontage provisions, such lot is deemed to be an
existing lot, as defined herein.
3.6.5 Where additional land or frontage 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 comply with the By-law.
3.7 FLOOD PRONE LANDS
3.7.1 A Class 1 Planning Permit shall be required for any development within flood prone
lands as well as for high points of land which must be accessed through flood prone
lands.
3.7.2 Site alteration, such as filling, channelization or construction will not be permitted within
areas prone to flooding unless it is demonstrated that there will be no significant
negative off-site impacts on flood depths and velocities.
3.7.3 Not limiting the general applicability of Section 3.7.1, all lands located below the
following elevations are specifically recognized as being located within flood prone
Community Planning Permit By-law 2021-111
47
lands, and no new habitable building shall be located below the flood elevations
referenced below, except for minor expansions (up to 25% of the existing floor area) to
existing legal non-conforming uses and permitted marine related structures (such as
docks, boathouses or pump houses, minor additions such as a deck or uses which by
their nature must locate in a flood prone area including flood and/or erosion control
works) :
i) 317.18 metres GSC adjacent to Lake of Bays
ii) 286.46 metres GSC adjacent to Peninsula Lake
3.7.4 Notwithstanding sections 3.7.1 and 3.7.3, where District approved two zoning mapping is
in place, development and site alteration may be permitted in the flood fringe, subject to
appropriate floodproofing to the flooding hazard elevation or another flooding hazard
standard approved by the Minister of Natural Resources and Forestry.
3.7.5 Further to policy 3.7.4, development and site alteration may be permitted in those portions
of hazardous lands and hazardous sites where the effects and risk to public safety are
minor, could be mitigated in accordance with provincial standards, and where all of the
following are demonstrated and achieved:
a) development and site alteration is carried out in accordance with floodproofing
standards, protection works standards, and access standards;
b) vehicles and people have a way of safely entering and exiting the area during times of
flooding, erosion, and other emergencies;
c) new hazards are not created and existing hazards are not aggravated;
d) the site has safe access;
e) development is situated outside the floodway;
f) development is not an institutional use, an essential emergency service or a use
associated with the disposal, manufacture, treatment, or storage of a hazardous
substance; and
g) no adverse environmental impacts will result.
3.7.6 For all development within the defined floodplain and associated setback, a natural
hazard engineering report or technical report will be required which confirms that the
structure is located outside any area affected by natural hazards.
3.7.7 In addition to the identification if flood prone lands as set out in Section 3.7.2 above,
such lands may also be designated in the Schedules to this By-law by the demarcation -
F following the zone category (e.g. Waterfront Residential - F identifies Waterfront
Residential lands which are delineated as being Flood Prone lands and to which the
requirements of Section 3.7 apply).
3.8 GROUP HOMES
Community Planning Permit By-law 2021-111
48
3.8.1
Group Homes shall be permitted in a residential dwelling in all designations that allow
residential uses provided the home is licensed or approved under a provincial statute,
and is located on a year-round maintained public road.
3.9 HOME BASED BUSINESS
3.9.1 A home based-business may be permitted within any existing residential use or
Residential Planning Permit Area, subject to 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, with the exception of a permitted sign;
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; Nursing home; Eating establishment; Laundry; Distillery; Brewery;
Winery; 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.
Direct sales conducted by telephone, internet, mail order or similar approach are
permitted;
e) the home based-business shall be conducted by a person or persons residing in such
dwelling unit;
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, dust, gas, glare,
fumes, light, vibration, radiation, debris, heat, humidity or refuse;
g) no more than 25% of the gross floor area of the dwelling shall be used for purposes
related to the home based-business, except for home childcare, 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 may be located within any yard in accordance with the required setbacks and
shall not exceed a maximum gross floor area of 54 square metres; any change should
require a Class 2 permit;
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 and as further required by any applicable sign by-law or
Community Planning Permit By-law 2021-111
49
other regulation;
k) parking for the home-based business shall be provided on the lot; and
l) a maximum of two home-based businesses are permitted where professional,
knowledge-based, administrative, or high technology services are offered.
3.10 LANDS UNDERWATER
3.10.1 Unless indicated otherwise in this By-law, lands below water shall be deemed to be in
the Waterfront Open Space Planning Permit Area and are not included in the calculation
of lot coverage.
3.11 LIGHTING
3.11.1 The installation of outdoor lighting in the Township shall be in conformity with the
requirements of the Township of Lake of Bays Dark Skies By-law and shall not cause
light pollution.
3.11.2 To ensure responsible lighting, light pollution mitigation, and conservation of the dark sky
environment, the use of sensitive outdoor illumination practices that do not interfere with
the view of the night sky and do not spill into surrounding properties will be required for
all land uses. Lighting shall not exceed a maximum height of 9 metres, and shall be
directed downward.
3.12 MINIMUM DISTANCE SEPARATION
3.12.1 Notwithstanding any other yard or setback provisions of this By-Law to the contrary, no
use shall be established and no building or structure shall be erected or altered unless it
complies with the Minimum Distance Separation (MDS) Implementation Guidelines as
set up by Ministry of Agricultural, Food and Rural Affairs, and as amended from time to
time.
3.13 MULTIPLE PLANNING PERMIT AREAS ON A LOT
3.13.1 Where a lot is divided into more than one Planning Permit Area, each such part of the lot
shall be developed in accordance with the provisions of this By-law of the applicable
Planning Permit Area.
3.13.2 Notwithstanding Section 3.13.1, where permitted, a maximum of one detached dwelling
or hunting camp is permitted on any lot, provided that all other applicable provisions of
Community Planning Permit By-law 2021-111
50
the By-law are complied with.
3.14 LEGAL NON-COMPLYING BUILDINGS AND
STRUCTURES
3.14.1 Submission of an application for building permit relying on Sections 3.14 (Non-
Complying Buildings and Structures) must occur within two years of the damage or
destruction, otherwise these sections do not apply.
3.14.2 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
complies with all other provisions of the By-law.
3.14.3 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 building size and height and its original location,
and a Planning Permit will not be required. Minor changes to the footprint are permitted
as long as there is no increase in floor area.
3.14.4 Despite the above, any request to recognize, expand or add to a legal non-complying
building or structure shall require a Class 1 Planning Permit, as a Class One - Staff
Variation, and shall only be permitted provided it maintains the existing setback from the
shoreline yard or 10 metres, whichever is greater and is no more than the height of the
original structure and it complies with all other provisions of the By-law. An increase in
height is permitted provided there is no increase in gross floor area and no increase in
storeys and shall require a Class 1 Planning Permit as a Class One - Staff Variation. Any
increase in height with an increase in floor area and/or storeys will require a Class 2
Planning Permit as a Class Two - Council Variation. Any expansion proposed within 10
metres of the shoreline will require a Class 2 Planning Permit as a Class Two - Council
Variation.
3.14.5 Despite the above, an expansion of, or addition to a legal non-complying dwelling,
sleeping cabin, or shoreline structure within the shoreline activity area shall require a
Class One - 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
(see Illustration 1 below). An increase in height for a legal non-complying dwelling is
permitted provided there is no increase in gross floor area and no increase in storeys
and shall require a Class 1 Planning Permit as a Class One - Staff Variation. Any
increase in height for a legal non-complying sleeping cabin or shoreline structure will
require a Class 2 Planning Permit as a Class Two - Council Variation. Any increase in
height for a legal non-complying dwelling with an increase in floor area and/or storeys
will require a Class 2 Planning Permit as a Class Two - Council Variation.
The size of the addition will be restricted to the permitted SAA Frontage and a maximum
of 50% of the total permitted shoreline activity area coverage in a Class One - Staff
Variation, and this provision may only be applied for once following the passage of this
Community Planning Permit By-law 2021-111
51
By-law. Any proposal which exceeds the permitted SAA Frontage or 50% of the
permitted shoreline activity area coverage shall require the issuance of a Class Two -
Council Variation.
Community Planning Permit By-law 2021-111
52
Illustration #1 - Reconstruction of Non-Complying Structures
10m setback from Shoreline
Front Yard as required under this By-law
May be permitted through Class 2
Council Variation
Community Planning Permit By-law 2021-111
53
3.15 LEGAL NON-CONFORMING USES
3.15.1 Where a building or lot 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 Planning Permit shall not be
required. Any expansions to a building containing a legal non-conforming use shall only
proceed on the basis of a Class 2 Planning Permit where Council is satisfied that
development will meet the intent of this By-law and the Official Plan.
3.16 OUTDOOR STORAGE
3.16.1. Where primary or accessory outdoor storage is permitted, the following provisions shall
apply unless otherwise indicated in this By-law.
An area devoted to outdoor storage shall:
a) Not be located closer to a front or exterior side lot line than the front or exterior side
wall of a primary building on the lot.
b) Meet all provisions of the pertinent zone, including setbacks, height, and lot coverage.
c) Be permitted to a total lot area dedicated to outdoor storage as follows:
- Accessory outdoor storage area(s) shall not be sized any greater than twenty percent
(20%) of the total ground floor area of the primary buildings on the lot. An increase up to
a maximum of fifty percent (50%) may be approved through a Class 2 Permit.
- Primary outdoor storage area(s) shall be sized in accordance with the limitations
imposed by the maximum lot coverage of the pertinent zone.
d) Be located in area(s) dedicated to outdoor storage, and shall not encumber or
encroach into any required parking area, required landscape buffers or screens, or any
other required feature or area.
e) Any part of any lot used for a permitted outdoor storage shall be fully screened from
view, by either a fence or a vegetated buffer in accordance with the landscaping
provisions of this By-law.
The provisions of this section do not apply to agricultural outdoor storage conducted in
accordance with normal farm practices for a bone-fide farm operation.
In addition to the provisions of this section, where outdoor storage involves permitted
moving containers, the containers shall not be stacked.
Community Planning Permit By-law 2021-111
54
3.17 PARKING AND LOADING
3.17.1 Parking
3.17.1.1 In any Planning 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.
3.17.1.2 Minimum parking space dimensions for standard parking spaces are 3 metres in width
by 6 metres in length. Minimum parking space dimensions for barrier-free parking
spaces are 4.5 metres in width that includes an adjacent 1.5 metre wide aisle that is
hatch-marked on the parking lot, by 6 metres in length.
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
MINIMUM
STANDARD
PARKING SPACE
DIMENSIONS
3 metres in width, by
6 metres in length
N/A
N/A
MINIMUM BARRIER-
FREE PARKING
SPACE
DIMENSIONS
4.5 metres in width
that includes an
adjacent 1.5 metre
wide aisle that is
hatch-marked on the
parking lot, by 6
metres in length
N/A
N/A
3.17.1.3 All parking areas and spaces shall have access from unobstructed driveways or
passageways a minimum setback of 2.5 metres from any side lot line, with a minimum
width of 3 metres, and a maximum width of 9 metres. 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 detached dwelling or Additional Dwelling Unit (ADU),
the required parking spaces may be obstructed and accommodated in a linear fashion
in the garage or driveway ("tandem parking"). Variation to these requirements may
occur in accordance with the following:
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
MINIMUM PARKING
SPACE ACCESS
WIDTH
3 metres
Up to 20%
None
Community Planning Permit By-law 2021-111
55
MAXIMUM PARKING
SPACE ACCESS
WIDTH
9 metres
Up to 20%
Up to 100%
MINIMUM SETBACK
FROM ANY SIDE
LOT LINE
2.5 metres
Up to 20%
Up to 50%
3.17.1.4 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.
3.17.1.5 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
Bylaw. If the proposal includes a change in use, the parking requirement shall comply
with the current parking provisions for that new use.
3.17.1.6 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. Permeable and
semi-permeable surfaces are permitted, which include porous paving, turf block,
honeycomb block, cobblestone, and pavers, or similar.
3.17.1.7 In a Residential Planning 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;
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.
Variation to these requirements may occur in accordance with the following:
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
MAXIMUM NUMBER
OF COMMERCIAL
VEHICLES
1 per dwelling unit
Up to 1 additional
vehicle
Up to 2 additional
vehicles
3.17.1.8 Required parking spaces for commercial and institutional uses may be located on a
separate lot provided the parking is located within 500 metres of the commercial or
institutional use.
Where the required number of parking spaces for commercial or institutional uses are
Community Planning Permit By-law 2021-111
56
provided on a separate lot within 500 metres of the commercial or institutional use, the
owner of both lots shall enter into an agreement with the Township to be registered
against the title of both the lot upon which parking is to be provided and the lot
containing the use for which the parking is required. The agreement required by this
Section shall guarantee that the land required for parking by this By-law shall continue
to be so used only for such purposes until the owner provides alternative parking
spaces in conformity with the regulations of this By-law.
Where the above is not permitted by the Township, the required parking spaces for all
uses shall be provided on the same lot as the main use.
3.17.1.9 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 in length and have a minimum width of 3 metres and
must be located adjacent and devoted to the commercial use they are intended to
serve.
Variation to these requirements may occur in accordance with the following:
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
MAXIMUM NUMBER
OF PARKING
SPACES TO BE
PROVIDED AS
BOAT SLIPS
One third of the
required parking
spaces
Up to 20%
Up to 100% of
required spaces
MINIMUM BOAT
SLIP WIDTH
3 metres
Up to 20%
Up to 50%
MINIMUM BOAT
SLIP LENGTH
6 metres
Up to 20%
Up to 50%
3.17.1.10 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 4.5 metre landscaped buffer strip along the
shared property line on the non-residential property.
Variation to these requirements may occur in accordance with the following:
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
MINIMUM BUFFER
STRIP
4.5 metres
Up to 20%
Up to 75%
Community Planning Permit By-law 2021-111
57
3.17.1.11 Parking areas are permitted in any yard, except the shoreline yard, subject to other
provisions of this By-law.
3.17.1.12 Multi-level parking structures are not permitted in any Planning Permit Area.
3.17.1.13 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.
Multiple Dwelling
1.5 parking spaces per dwelling unit, plus 1
visitors parking space for every 2 dwelling
units.
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.
Home Based Business
1 parking space for each employee not
residing in the home of the Home Based
Business as well as one visitor space in
addition to any other parking requirements.
Motel, Resort, Cottage Establishment, Tourist
Establishment, Tourist Camping
Establishment
1 parking space 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
of gross 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.
Marina
1.5 parking spaces for every boat slip, plus 1
parking space for every 8.0 square metres of
gross floor area devoted to sales or service
Dwelling Licensed as a Short-term rental
2 parking spaces per dwelling plus 1 parking
space for a sleeping cabin associated with a
dwelling licensed as a Short-term Rental, or
0.5 parking space for every guest room,
whichever is greater.
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.
Commercial Park, Private Park, Public Park
1 parking space for every 6 visitors based on
the total capacity of the park.
Community Planning Permit By-law 2021-111
58
Religious Institution, Place of Assembly,
Club, Market Place, Other Recreational Uses
Not Listed
1 parking space for every 18 square metres of
gross 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, Place of Entertainment
1 parking space for every 14 square metres 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.
Curling Rink, Bowling Alley
4 parking spaces for every curling sheet or
bowling lane, plus 1 parking space for every
4 persons to be accommodated based on the
total capacity of the building.
Health Care Clinic, Veterinary Clinic
5 parking spaces for each practitioner's
office.
Hospital, Long Term Care Facility,
Retirement Home
1 parking space for every 2 beds or for every
40.0 square metres of gross floor area,
whichever is greater, plus 1 additional
parking space for every living area intended
for a resident doctor or resident employee.
Group Home; Fire, Ambulance or Police
Station; Utility Company Office / Station
1 parking space for every 27.5 square metres
of gross floor area, with a minimum of two
parking spaces.
Public Administration Office
1 parking space for every workstation or
office, plus 1 visitor parking space for every 4
workstations or offices.
Motor Vehicle Repair Establishment, Motor
Vehicle Sales or Rental Establishment, Motor
Vehicle Service Station, Motor Vehicle
Washing Establishment
1 parking space for every 28 square metres
of gross floor area.
Retail Store, Convenience Store, Bakery,
Bakeshop, Service or Repair Establishment,
Boat or Recreational Vehicle Establishment,
Personal Service Establishment, Office,
Printing Establishment, Child Care
Establishment, Post Office, Funeral Home,
Library, Museum, Art Gallery, Artisan's
Studio, Custom Workshop, Dry Cleaning
Establishment, Duplicating Establishment,
Financial Establishment, Laundromat,
Laundry or Dry Cleaning Outlet, Other
Commercial Establishments Not Listed
1 parking space for every 28 square metres
of gross floor area, with a minimum of two
parking spaces.
Garden Centre, Nursery, Wildlife Centre,
Building Supply Establishment, Storage
Establishment, Contractor's Establishment
1 parking space for every 100 square metres
of gross floor area, with a minimum of two
parking spaces.
Community Planning Permit By-law 2021-111
59
Manufacturing, Other Industrial Uses Not
Listed
1 parking space for every 40 square metres
of gross floor area, or 1 parking space for
every 2 employee workstations, whichever is
greater.
Educational Institution - Elementary,
Secondary or Other
1.5 parking spaces for every classroom, plus
3 bus spaces for every 8 classrooms, plus 1
parking space for every 2 secretarial or
janitorial workstations. 4 parking spaces for
every classroom, plus 3 bus spaces for every
8 classrooms, plus 1 parking space for every
2 secretarial or janitorial workstations.
3.17.1.13.1 Variations to the requirements in Section 3.17.1.13 may occur in accordance with
the following:
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
MINIMUM
REQUIRED SPACES
As calculated in
accordance with by-
law
Up to 25% (a)
Greater than 25% (b)
(a) A Parking Justification Report may be required to the satisfaction of the Township.
(b) Provided a Parking Justification Report demonstrates to the satisfaction of the Township that there
would be no negative impacts to the features or functions of the area.
3.17.1.13.2 Where a variation to the number of required parking spaces is being considered in
the event that it is not possible or feasible to provide the parking spaces required by
this By-law, cash-in-lieu of parking may be applied on lands located within the
Settlement Planning Permit Areas.
Notwithstanding the provisions in Section 3.17.1.13 "Minimum Off-Street Parking
Requirements", where an Agreement between the Township and the owner of a
property has been entered into pursuant to Section 40 of the Planning Act, as
amended, exempting a property from parking through a payment of cash-in-lieu of
parking, only the number of parking spaces as set out in the agreement are required
to be provided. Such an Agreement shall supersede the requirements of this By-
law.
Community Planning Permit By-law 2021-111
60
3.17.2
Barrier-Free Parking
3.17.2.1 Barrier-free parking shall be provided in accordance with the provisions of the
Accessibility for Ontarians with Disabilities Act, 2005 (AODA) Integrated Accessibility Standards
as follows:
NUMBER OF REQUIRED SPACES
MINIMUM NUMBER OF BARRIER FREE
SPACES
1-12
1
13-100
4% of the total number of
parking spaces provided
101-200
1 + 3% of the total number of
parking spaces provided
3.17.2.2 Barrier free parking spaces shall be located as near as possible to the main entrance.
Barrier free parking spaces will be indicated by erecting an accessible permit parking sign in accordance with
regulations under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), as amended.
3.17.3
Loading
3.17.3.1
Where a loading space is provided, off-street loading spaces shall be provided
and may be varied, as follows:
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
MINIMUM
STANDARD
LOADING SPACE
DIMENSIONS
3 metres in width, by
10.5 metres in length
None
None
MINIMUM NUMBER
OF LOADING
SPACES IN A
COMMERCIAL OR
INDUSTRIAL
PLANNING PERMIT
AREA
One space per every
1500 square metres
of the Gross Floor
Area of a use in a
Commercial Planning
Permit Area or
Industrial Planning
Permit Area
Up to 20%
Up to 50%
3.18 PITS AND QUARRIES
3.18.1 The making, establishment or operation of pits or quarries is prohibited within the area
covered by this By-law, except in the locations specifically permitted by this By-law, and
in accordance with the provisions of this By-law. No person shall use land or erect any
Community Planning Permit By-law 2021-111
61
building or structure for the purpose of processing, washing, screening, sorting, or
crushing rock, sand, or gravel, except as expressly provided for in this By-law.
3.18.2 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.
3.18.3 Despite the provisions of any specific planning permit area, no new dwelling is permitted
within 300 metres of the extraction limit of any licensed pit or quarry.
3.19 PROHIBITED USES
3.19.1 Any use which is not a permitted use in accordance with this By-law is a prohibited use.
Unless specifically permitted in this By-law, the following uses are prohibited within the corporate limits of the
Township:
a) Any use that is not specifically defined and listed in the permitted uses or permitted by
the General Provisions of this By-law shall not be permitted.
b) Hotels, inns, motels, and recreational vehicles used as a permanent residence.
c) The use of any recreational vehicle for human habitation, except where such vehicle
is located in a permitted camping establishment, trailer park, or mobile home park where
habitation is temporary or seasonal in nature.
d) The use of any portable structure, vehicle, cargo container, street, or rail car for
human habitation.
e) The use of any portable structure, vehicle, cargo container, or street or rail car for
storage or sales.
f) The parking or storage of any portable structure, vehicle, shipping or moving
container, or street or rail car on a vacant lot.
g) The parking or storage of derelict or unlicensed vehicles.
h) The outdoor storage of vehicles or parts of vehicles other than in a permitted wrecking
or scrap yard.
i) The manufacturing, refining, rendering, bulk storage or distillation of fertilizers, oil, glue
from organic sources, acids, ammonia, chlorine, coal, creosote, explosives, petroleum,
tar, fireworks, ammunition, glue, petroleum, tar, or other hazardous materials unless
specifically permitted as a use in this By-law or stored for sale in direct association with a
permitted use on the property on which the permitted use occurs.
i) The bulk storage of industrial chemicals and the storage of radioactive, hazardous
waste, hazardous biological waste, or liquid industrial waste unless specifically permitted
by this By-law
k) The manufacturing or bulk storage of combustible, explosive, inflammable, or
dangerous liquids, gases, or materials unless specifically permitted as a use in this By-
law or stored for sale in direct association with a permitted use in the Zone and on the
Community Planning Permit By-law 2021-111
62
property on which the permitted use occurs.
l) Rendering of fats or animal products, a tannery, or an abattoir unless specifically
permitted.
m) The extraction of peat in all wetlands.
n) The parking or storage of trailers or commercial motor vehicles on a lot for the
purposes of advertising.
o) Adult entertainment.
3.20 PUBLIC USE
3.20.1 A public use is permitted in any Planning Permit Area.
3.20.2 Every public use must comply with the provisions for the Planning Permit Area in which it
is located. Notwithstanding this a Class 2 Planning Permit may be issued by Class Two -
Council Variation to any applicable standard or provision.
3.20.3 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 telecommunications lines or
facilities.
3.21 PERMITTED ADDITIONAL DWELLING UNITS
3.21.1 Within the Settlement Residential, Settlement Neighbourhood Residential and
Settlement Multiple Residential planning permit areas, where a lot is on full municipal
servicing, two (2) Additional Dwelling Units (ADU) are permitted, one of which may be
located in an ancillary structure, provided the applicable development provisions and
standards in this By-law are met.
3.21.2 Within all other Settlement planning permit areas and Rural planning permit areas, a maximum of
one (1) Additional Dwelling Unit (ADU) is permitted to be located inside the principal building in
addition to the principal dwelling, and one (1) ADU is permitted inside an ancillary structure,
provided the applicable development provisions and standards in this By-law are met.md inside
an ancillary structure, whether the lot contains an existing dwelling, or is being
developed with ADUs as part of new construction.
3.21.3 Where an Additional Dwelling Unit (ADU) is permitted, the following provisions apply:
a) The appropriate authority has approved the sewage disposal system(s) to service
the total sewage flow on the lot.
b) A minimum of one (1) parking space shall be provided for each ADU.
3.21.4 An Additional Dwelling Unit shall not be permitted on a lot with water frontage.
Community Planning Permit By-law 2021-111
63
3.22 SHIPPING CONTAINERS
3.22.1 A shipping container shall not be used for human habitation.
3.22.2 Despite the foregoing, and notwithstanding any provisions to the contrary, where a
shipping container is converted from its original form and used as construction material
for the development of a residential dwelling unit, Additional Dwelling Unit (ADU), or
garden suite subject to the Ontario Building Code, it is a building. For clarity, the subject
dwelling units would be permitted to be constructed using shipping container materials,
but could not be permitted in an un-converted shipping container in its original form.
3.22.4 A shipping container which is not converted shall not be permitted on a lot in a
Residential Planning Permit Area, except for the purposes of temporary construction
storage provided that the shipping container is not located within or blocking access to a
required parking space and the shipping container shall be removed within 30 days of
occupancy being granted.
3.22.5 Notwithstanding any provision to the contrary, a maximum of two (2) shipping containers
used for storage purposes are permitted in a Rural Planning Permit Area, an
Institutional Planning Permit Area, or Industrial Planning Permit Area, and such
shipping containers must be completely screened from view of adjacent properties or
roads through the use of appropriate buffers and screening materials. A setback of
double the required setback in the appropriate zone is required.
3.23 SHORELINE ACTIVITY AREAS
3.23.1
Accessory Buildings, Structures & Docks
3.23.1.1 The shoreline activity area shall be located outside the shoreline buffer area and so
shall be limited to 25% of the linear shoreline frontage unless otherwise permitted
by this By-law.
3.23.1.2 Where a lot abuts a navigable waterway the following accessory structures shall be
permitted in a shoreline activity area or within the shoreline yard setback provided
all provisions of this By-law are met:
i) a boathouse;
ii) a boatport;
iii) a dock;
iv) pumphouse, gazebo, marine storage shed, change house or sauna
v) a free-standing deck;
vi) a hot tub with plumbing;
Community Planning Permit By-law 2021-111
64
vii) stairs, patios, and landings; and
viii) an elevator or lift, or inclinator
3.23.1.3 Where a lot abuts a navigable waterway, the following specific provisions apply to
accessory buildings or structures, in addition to all other provision of this By-law,
within a shoreline activity area:
a) a boathouse shall be limited to a maximum length of 15 metres extending out
from the shoreline and shall not include openings exceeding 20% of all walls
containing windows and doors, excluding doors for boatslips;
b) a boatport shall be limited to a maximum length of 15 metres extending out
from the shoreline;
c) a dock shall be limited to a maximum length of 20 metres extending out from
the shoreline;
d) a pumphouse, gazebo, changehouse, or sauna shall not exceed 10 square
metres of gross floor area;
e) a storage shed shall not exceed 15 square metres of gross floor area;
f) free-standing deck, shall not exceed 1.8 metres in height and 20 square
metres in total floor area;
g) patios shall not exceed 50% of the permitted shoreline activity area
coverage;
h) stairs and landings may be permitted, provided that the landings do not exceed
the width of the stairs they serve and are not greater in width than 2.5 metres;
i) Notwithstanding any provision to the contrary and any degree of variance
permitted, in no instance shall any building, accessory building or structure,
except a dock, boathouse or boatport extend out from the shoreline;
j) No boathouse or boatport shall be used for the provision of sleeping quarters
or include a kitchen or plumbing;
k) The height of a boathouse or a boatport within a Waterfront Residential
Planning Permit Area shall not exceed 4.5 metres to a flat roof or 5.6 metres to
a pitched roof and shall not contain more than one storey;
l) The maximum permitted gross floor area of a boathouse or a boatport is
75% of the permitted shoreline activity area coverage to a maximum of 138
square metres;
m) A flat roofed boathouse or boatport or any part thereof shall require a
minimum setback of twice that otherwise required."
Community Planning Permit By-law 2021-111
65
3.23.2
Additional Provisions for Shoreline Activity Area
3.23.2.1 All new development within the Shoreline Activity Area shall require a Class 1 Planning
Permit, unless otherwise specified herein. For clarity, this requirement shall not apply to
repairs and maintenance of existing structures.
3.23.2.2 No part of a Shoreline Activity Area is permitted within 4.5 metres of the interior side lot
line, exterior side lot line, or any straight-line projection thereof from the ordinary
water's edge.
3.23.2.3 A maximum of two shoreline activity areas are permitted on a lot.
3.23.2.4 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.
Despite the above, 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 Class 2 Council Planning Permit is obtained;
b) no single shoreline activity area frontage shall exceed 23 metres in width and 20
metres in depth; 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.
3.23.2.5 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 Class
1 Staff Planning Permit, subject to the reestablishment of a shoreline buffer as required
for that Planning Permit Area. The required buffer shall be a minimum of 15 metres in
depth and shall comply with the provisions of Section 3.26 (Vegetation Removal and
Site Alteration).
3.23.2.6 For existing lots which did not contain existing dwellings 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 Class 1 Staff Planning Permit,
and shall be subject to the reestablishment of a shoreline buffer as required for that
Planning Permit Area. The required buffer shall be a minimum of 15 metres in depth
and shall comply with the provisions of Section 3.26 (Vegetation Removal and Site
Alteration).
Community Planning Permit By-law 2021-111
66
3.23.3
Shoreline Buffer
3.23.3.1 A shoreline buffer consisting of 75% of the linear shoreline frontage of a lot shall be
maintained in a natural state to a depth of 15 metres measured inland from the ordinary
water's edge, unless otherwise in accordance with this By-law, for all land uses.
3.23.3.2 Within the shoreline buffer, only meandering natural pathways or access points
constructed of permeable materials, selective pruning of trees for viewing purposes, or
the removal of trees for safety reasons are permitted.
3.23.3.3 This By-law does not require restoration of existing shorelines unless development or
site alteration requiring approval under this By-law is being proposed.
3.24 SIGHT TRIANGLES
3.24.1 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 height above the
elevation of the street line; and
c) A finished grade which exceeds the elevation of the street line by more than 0.6
metres.
3.24.2 A variation to the daylighting triangle provisions requires a Class 2 Permit and the
extent of variance that may be permitted is 100%.
3.24.3 A sight triangle shall have dimensions along both roads of 15m where any local road
meets a provincial or district road and 3m where two local roads meet.
3.25 TEMPORARY USES
3.25.1
Permit Requirements
3.25.1.1 A Planning Permit is required for any temporary use(s) listed in Section 3.25.
Community Planning Permit By-law 2021-111
67
3.25.2
Garden Suites
3.25.2.1 A garden suite is only permitted in a Residential or Rural Planning Permit area, not
within the Waterfront Designation.
3.25.2.2 Where a garden suite is specifically permitted as a discretionary use, such use shall be
maintained in accordance with the following provisions:
a) The garden suite shall require a Class 1 Planning Permit as a temporary use,
provided that:
i) all requirements applicable within the planning permit area can be satisfied;
ii) an adequate water supply and sewage disposal system is available to
accommodate the unit;
iii) the unit is compatible with the surrounding properties and uses; and
iv) the unit is compatible in appearance with other buildings on the property.
b) The gross floor area of a garden suite shall not exceed the gross floor area of the
principal dwelling to a maximum of 85 square metres.
c) Once a garden suite is discontinued, it shall be removed from the site or converted to
a permitted residential accessory use.
d) A garden suite is not permitted for a period exceeding 20 years, except through
extensions to a temporary use by-law in increments not exceeding 3 years.
e) An agreement with the owner will be executed under the provisions of the Municipal
Act, and will:
i) address the conditions under which the garden suite will be installed,
maintained, and removed from the property;
ii) identify the period of occupancy;
iii) require that the garden suite not be used as a rental dwelling unit for profit or
gain;
iv) require that the garden suite meets all health, safety, servicing and building
code standards;
v) address the provision of securities to ensure that the conditions of the
agreement will be satisfied;
vi) acknowledge limitations to emergency and other services where such a unit is
accessible only by water or a private road; and
vii) include any other conditions that the Township deems necessary
Community Planning Permit By-law 2021-111
68
3.25.3
Recreational Trailers
3.25.3.1 The parking and storage of recreational trailers shall be prohibited in all Planning
Permit Areas except 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 Planning Permit Areas where such parking and storage
is permitted by this By-law.
3.25.3.2 The use of recreational trailers is prohibited in all Planning Permit Areas except where
specifically permitted.
3.25.4
Construction
3.25.4.1 A temporary building, structure, shipping container, or trailer incidental to the
construction of a principal a lot shall be permitted in all Planning 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 6-month time period.
3.26 VEGETATION REMOVAL AND SITE ALTERATION
3.26.1
Required Permits and Criteria for Vegetation Removal or
Site Alteration
3.26.1.1 Development, including woody vegetation removal or site alteration requires a Class 1
Planning 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 Planning Permit is not required. In addition to all applicable
requirements of this By-law for the issuance of Planning Permits, the following chart
also sets out additional specific criteria for, or clarifications regarding the need for, the
Planning Permit
PLANNING PERMIT REQUIRED FOR
VEGETATION REMOVAL OR SITE
ALTERATION
SPECIFIC CRITERIA/CLARIFICATIONS
WITHIN THE SHORELINE ACTIVITY AREA
Required in order to confirm the location and
extent of the shoreline activity area and
maintenance of the shoreline buffer
Community Planning Permit By-law 2021-111
69
WITHIN THE SHORELINE BUFFER
Vegetation removal which is required to be
removed for the establishment of a
permeable pathway of a width not exceeding
1 metre
ALONG A ROADSIDE BUFFER, AS
REQUIRED IN RURAL GENERAL, RURAL
LIMITED, RURAL RESIDENTIAL, RURAL
COMMERCIAL, AND RURAL INDUSTRIAL
PLANNING PERMIT AREAS
Vegetation removal which would not
compromise the ecological or visual functions
of the roadside buffer as supported by a
municipally approved report other than where
required to maintain a site line for an
entrance
WITHIN 30 M OF ANY WATERCOURSE
Watercourse Assessment in accordance with
Section 2.11 (Conditions) of this By-law
FOR THE PURPOSES OF A GOLF
COURSE
Site Evaluation and other technical reports
(hydrogeological assessment, golf course
management plan, etc.) in accordance with
Section 2.11 (Conditions) of this By-law
OVER AN AREA EXCEEDING 0.2 HA, OR
50% OF A LOT, WHICHEVER IS LESS,
EXCEPT FOR FORESTRY OPERATIONS
Site Evaluation in accordance with Section
2.11 (Conditions) of this By-law
WITHIN 120 METRES OF A PROVINCIALLY
SIGNIFICANT WETLAND
Environmental Impact Study in accordance
with Section 2.11 (Conditions) of this By-law
IN OR ADJACENT TO ANY WETLAND
Environmental Impact Study in accordance
with Section 2.11 (Conditions) of this By-law
IN A NATURAL HERITAGE AREA
Environmental Impact Study in accordance
with Section 2.11 (Conditions) of this By-law
ON A SLOPE > 30%
Site Evaluation in accordance with Section
2.11 (Conditions) of this By-law
ON A RIDGE LINE OR CLIFF
Site Evaluation in accordance with Section
2.11 (Conditions) of this By-law
IN A DEER WINTERING AREA WHERE
VEGETATION REMOVAL IS PROPOSED
OVER MORE THAN 0.2 HA
Deer Wintering Assessment in accordance
with Section 2.11 (Conditions) of this By-law
IN AN AREA WITHIN OR ADJACENT TO
ARCHAEOLOGICAL RESOURCES
Archaeological Assessment in accordance
with Section 2.11 (Conditions) of this By-law
IN SIGNIFICANT WILDLIFE HABITAT
Environmental Impact Study in accordance
with Section 2.11 (Conditions) of this By-law
3.26.2
Revegetation/Replanting
3.26.2.1 In a case where vegetation removal or site alteration has already occurred in the areas
referenced in the chart above without a permit being issued for such removal, further
development on the lot is only permitted provided that the areas are re-vegetated in
accordance with the provisions of this By-law and is only permitted by a Class 1 permit
provided that the areas are revegetated and replanted utilizing trees (of a minimum
planting height of 1.9 metres) and shrubs (a minimum of 50% of which will reach a
Community Planning Permit By-law 2021-111
70
height of 1.9 metres) at a density of one tree or shrub per 3 square metres more or
less evenly along the shoreline buffer as site conditions permit. Trees shall comprise a
minimum of 25% of the plant material. Additional vegetation and site alteration
restoration measures shall be set out in a municipally accepted ecological report in
accordance with Section 2.11 (Conditions) of this By-law.
3.26.2.2 If a proposal does not achieve the above requirements, due to unavoidable site
constraints, an overall net gain of shoreline vegetation or roadside vegetation on the lot
shall be required. Net gain shall be achieved through naturalization of additional areas
or increased densities of planting.
3.26.2.3 Where the natural shoreline is determined to be other than forested, as in the case of a
natural beach, a shoreline buffer that is reflective of the previous natural shoreline shall
be required.
3.26.3
Fill Placement, Fill Excavation & Removal, & Lot Grading
3.26.3.1 Without first obtaining a Class 1 - (Staff Variation) Planning Permit, fill placement, fill
excavation and removal and lot grading activities are not permitted within the required
shoreline yard setback, watercourse setback or any other natural feature and shall
not affect the control of flooding and erosion.
3.26.3.2 Fill placement in the amounts specified in Section 2.14.1e) and less than 250 cubic
metres on a lot require a Class 1 permit. However, fill required for an approved septic
system, issued building permit, maintenance or repair of an existing driveway, and
any fill required for a works undertaken by a public agency are exempt.
3.26.3.3 Fill placement of 250 cubic metres or greater on a lot is prohibited unless supported by
an Environmental Impact Study, with the exception of an approved septic system and
issued building permits and any fill required for a works undertaken by a public agency
are exempt.
3.26.3.5 Only clean fill may be placed in conformity with Provincial guidelines and regulations
and a soils report may be required to confirm fill quality and import location.
3.27 WASTE TRANSFER SITES
3.27.1 Development is not permitted within 500 metres (or within a distance or area as
specified in consultation with the Ministry of Environment, Conservation, and Parks or
District of Muskoka) of a waste transfer site, unless a technical report completed by a
qualified person is undertaken and demonstrates no negative impact to the waste
transfer site use and shall address matters required in the applicable Provincial guidance
document.
Community Planning Permit By-law 2021-111
71
3.28 WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS
3.28.1 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.
3.28.2 No land reserved for the use of a tile field or a sewage disposal system may be used for
any other purpose.
3.28.3 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.
3.28.4 Leaching beds distribution pipe, excluding an approved Level 3 & 4 treatment unit as per
the Ontario Building Code, shall be set back a minimum of 30 metres from the ordinary
water's edge. Greater setbacks may be required to address terrain constraints, land
prone to flooding or to preserve habitat or specific features.
3.28.5 Notwithstanding the above, 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
Class One - Staff Variation subject to the criteria set out in Section 2.13 (Criteria for
Variations from Standards).
3.29 WATERCOURSE SETBACKS
3.29.1 Development will be set back from a coldwater stream or creek a minimum of 30 metres
in the Waterfront and Rural designations and 20 metres in a Community designation and
a setback of 15 metres from any warmwater stream is required, unless a Fish Habitat
Impact Assessment recommends a greater setback or that a lesser setback would not
have a negative impact on the habitat. A minimum 15 metre natural vegetative buffer
located directly adjacent to the banks of the watercourse would be maintained within this
setback.
3.29.2 Section 3.29.1 does not apply to docks and boathouses over water.
3.29.3 The required setback from Waterfront Environmental Protection ("WEP") and
"Environmental Protection" ("EP") designated areas is 30 metres. Unless otherwise
permitted in this By-law, any variance to this setback shall require a Class 2 (Council
Variation) Planning Permit along with the submission of an Environmental Impact Study.
Community Planning Permit By-law 2021-111
72
3.30 YARDS AND SETBACKS
3.30.1 All yards and setbacks shall apply regardless of any overlap.
3.30.2 All development shall be set back the following minimum distances from a waste
management facility:
Facility
Minimum Setback
Non-residential uses adjacent to municipal
sewage treatment plant
150 m
Residential use adjacent to municipal sewage
treatment plant
200 m
All uses from a waste stabilization pond
400 m
All uses from a hauled sewage lagoon
400 m
3.30.3 Development and site alteration shall be subject to a 1000m setback from a municipal
water supply intake, well or municipal sanitary sewage outfall unless it is subject to a
conditional provisional Planning Permit requiring confirmation from the District of
Muskoka that such development or site alteration will not negatively impact the
infrastructure.
Community Planning Permit By-law 2021-111
73
4
COMMUNITY PLANNING PERMIT AREAS
4.1 DESIGNATION OF COMMUNITY PLANNING PERMIT
AREAS
4.1.1 In the Township of Lake of Bays, Planning Permit Areas (the title of which may also be
referred to as designations in this By-law) are identified in Schedule A to this By-law.
4.1.2 The Township's Planning Permit Areas are organized into the broad categories of:
Waterfront, Rural, Community, Institutional, Open Space, and Environmental Protection
Community Planning Permit By-law 2021-111
74
4.2 WATERFRONT - PLANNING PERMIT AREAS
All development and site alteration in Waterfront Planning Permit Areas on waterbodies listed in
Schedule E2 of the Muskoka District Official Plan require issuance of a conditional Planning
Permit unless it constitutes an activity exempted by sections 2.14.1. In addition to any other
conditions which may apply, all such applications for Planning Permits shall be required to
submit a Muskoka District Lake System Health Standard or Enhanced Protections Policy
Compliance Analysis prior to the issuance of a Planning Permit as a requirement of a
Provisional Approval.
Notwithstanding anything to the contrary in this By-law, new resort development in the
Waterfront Planning Permit Area is prohibited and requires an amendment to this By-law.
4.2.1 WATERFRONT RESIDENTIAL
4.2.1.1 In a Waterfront Residential Planning 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.
4.2.1.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Bed and breakfast
Conservation
Dwelling licenced as a Short-term Rental
Group Home (a)
Home based business
One detached dwelling (a)
One sleeping cabin
(a) A new detached dwelling on an existing lot on waterbodies listed in Schedule E2 of the
Muskoka District Official Plan shall be required to submit a Muskoka District Lake System
Health Standard or Enhanced Protections Policy Compliance Analysis prior to the issuance of a
Planning Permit as a requirement of a Provisional Approval.
4.2.1.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Group Home
Individual Access Point
One detached dwelling (subject also to submission of a Muskoka District Lake System
Health Standard or Enhanced Protections Policy Compliance Analysis prior to the issuance of
a Planning Permit as a requirement of a Provisional Approval in the case of a lot on
waterbodies listed in Schedule E2 of the Muskoka District Official Plan).
Community Planning Permit By-law 2021-111
75
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
Waterfront
4.2.1.4 Provisions applying to all waterfront lots are as listed in the following charts:
4.2.1.4.a) Minimum Lot Areas for New Lots - Waterfront
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
A NEW LOT ON AN
ISLAND OF LESS
THAN 4 HA (9.9 A)
IN AREA
0.8 ha
None
Any Amount Over
Permitted Staff
Variation
AN INDIVIDUAL
ACCESS POINT
700 sq. m.
Up to 5%
Any Amount Over
Permitted Staff
Variation
WITHIN A
HERITAGE AREA
WHERE A
WATERFRONT
ENVIRONMENTAL
PROTECTION
PLANNING PERMIT
AREA EXISTS
ALONG THE
ENTIRE FRONTAGE
OF THE LOT
WHERE A
RESIDENTIAL
COMPOUND
EXISTS
Existing
None
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
0.4 ha
None
Any Amount Over
Permitted Staff
Variation
4.2.1.4.b) Minimum Water Frontage for New Lots - Waterfront
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ON A WATERBODY
SUBJECT TO THE
152 metres
Up to 5%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
76
POLICIES OF
SECTION C2.6 OF
THE DISTRICT OF
MUSKOKA
OFFICIAL PLAN, AS
IDENTIFIED IN ON
WATERBODIES
LISTED IN
SCHEDULE E2 OF
THE MUSKOKA
DISTRICT OFFICIAL
PLAN
ON A CATEGORY 3
LAKE, AS
IDENTIFIED IN
APPENDIX 4
PENINSULA LAKE
ON A NARROW
WATERBODY
WHICH MEASURES
LESS THAN 90
METRES ACROSS
WHERE SLOPES
OF GREATER THAN
40% EXIST
ON A CATEGORY 2
LAKE, AS
IDENTIFIED IN
APPENDIX 4
122 metres
Up to 5%
Any Amount Over
Permitted Staff
Variation
ON A NARROW
WATERBODY
WHICH MEASURES
BETWEEN 90 AND
150 METRES
ACROSS
WHERE SLOPES
OF 30% TO 40%
EXIST
WHERE A
WATERFRONT
ENVIRONMENTAL
PROTECTION
90 metres
Up to 5%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
77
PLANNING PERMIT
AREA EXISTS
ALONG MORE
THAN 50% OF THE
LOT FRONTAGE
WITHIN A
HERITAGE AREA
WHERE A
WATERFRONT
ENVIRONMENTAL
PROTECTION
PLANNING PERMIT
AREA EXISTS
ALONG THE
ENTIRE FRONTAGE
OF THE LOT
WHERE A
RESIDENTIAL
COMPOUND
EXISTS
Existing
None
Any Amount Over
Permitted Staff
Variation
INDIVIDUAL
ACCESS POINT
15 m
None
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
60 metres
Up to 5%
Any Amount Over
Permitted Staff
Variation
4.2.1.4.c) Minimum Road Frontage for New Lots - Waterfront
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT ON A
PROVINCIAL
HIGHWAY OR ON A
DISTRICT CLASS A
ROAD
150 metres
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT ON A DISTRICT
CLASS B ROAD
135 metres
Up to 5%
Any Amount Over
Permitted Staff
Variation
SHORELINE LOT
ON A TOWNSHIP
ROAD
45 metres
Up to 5%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
78
SHORELINE LOT
ON A PRIVATE
ROAD
N/A
N/A
N/A
4.2.1.4.d) Minimum Shoreline Yard Setback - Waterfront
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
THE LOT ABUTS A
WATERFRONT
ENVIRONMENTAL
PROTECTION
PLANNING PERMIT
AREA
30 metres
Up to 10% (a)
Any Amount Over
Permitted Staff
Variation
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
Up to 10%
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
THE LOT CONTAINS
AN EXISTING
RESIDENTIAL
COMPOUND.
30 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
(a) Upon submission of a Fish Habitat Impact Assessment in accordance with section 2.11
4.2.1.4.e) Minimum Front Yard Setback - Waterfront
SITUATION
STANDARD (a)
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ADJACENT TO A
PROVINCIAL
HIGHWAY
19 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
DISTRICT ROAD
14.5 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
TOWNSHIP ROAD
10 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
79
(a) Buffer - A vegetated roadside buffer of at least 6 metres in depth shall be provided along 75%
of the front lot lines
4.2.1.4.f) Minimum Interior Side Yard Setback - Waterfront
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ALL
4.5 metres
Up to 20%
Any Amount Over
Permitted Staff
Variation
4.2.1.4.g) Minimum Exterior Side Yard Setback - Waterfront
SITUATION
STANDARD (a)
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ALL
10 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
PROVINCIAL
HIGHWAY
19 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
DISTRICT ROAD.
14.5 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO AN
UNOPENED ROAD
ALLOWANCE
4.5 metres
Up to 20%
Any Amount Over
Permitted Staff
Variation
(a) Buffer - A vegetated roadside buffer of at least 6 metres in depth shall be provided along
75% of the exterior side lot lines.
4.2.1.4.h) Minimum Rear Yard Setback - Waterfront
SITUATION
STANDARD (a)
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ALL
10 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
PROVINCIAL
HIGHWAY
19 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
DISTRICT ROAD.
14.5 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
(a) Buffer - A vegetated roadside buffer of at least 6 metres in depth shall be provided along 75%
of the rear lot line.
Community Planning Permit By-law 2021-111
80
4.2.1.4.i) Maximum Lot Coverage - Waterfront
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
AN INDIVIDUAL
ACCESS POINT.
5% to a maximum of
93 square metres
None
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
10% with a maximum
of 510 sq. m.
footprint constructed
between 20 metres
and 60 metres of the
shoreline
Coverage - up to
25% of requirement
No variance for the
maximum footprint
Any Amount Over
Permitted Staff
Variation
4.2.1.4.j) Maximum Building Height - Waterfront
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
AN ACCESSORY
SHORELINE
STRUCTURE
5.6 metres
None
Any Amount Over
Permitted Staff
Variation
OTHER
ACCESSORY
STRUCTURES
5.6 metres
10%
Any Amount Over
Permitted Staff
Variation
A DETACHED
GARAGE
8.8 metres
10%
Any Amount Over
Permitted Staff
Variation
A DWELLING
10.6 metres
10%
Any Amount Over
Permitted Staff
Variation
4.2.1.4.k) Maximum Shoreline Activity Area Frontage - Waterfront
SITUATION
STANDARD (a)
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
A WATERFRONT
RESIDENTIAL LOT
25% to a maximum
of 23 metres
Up to 5%
Any Amount Over
Permitted Staff
Variation
AN INDIVIDUAL
ACCESS POINT
25%
None
Any Amount Over
See also APPENDIX 3 for clarifications regarding lot coverage interpretation.
See also APPENDIX 3 for clarifications regarding the measurement of building height interpretation.
Community Planning Permit By-law 2021-111
81
Permitted Staff
Variation
(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.
4.2.1.4.l) Maximum Shoreline Activity Area Coverage - Waterfront
SITUATION
STANDARD (a)
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ALL
40%
up to 25%
Any Amount Over
Permitted Staff
Variation
(a) That portion of existing dwellings and sleeping cabins which are located within the shoreline
activity area as of November 26, 1996 will not be included in the calculation of shoreline activity
area coverage.
Backlots
4.2.1.5 Provisions applying to all backlots are as listed in the following charts:
4.2.1.5.a) Minimum Lot Areas for New Lots - Backlots
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
A NEW BACKLOT
WITH PUBLIC ROAD
FRONTAGE
3 ha
None
None
WITHIN A
HERITAGE AREA
WHERE A
RESIDENTIAL
COMPOUND
EXISTS
Existing
None
None
4.2.1.5.b) Minimum Road Frontage for New Lots - Backlots
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT ON A
PROVINCIAL
HIGHWAY OR ON A
DISTRICT CLASS A
ROAD
150 metres
Up to 5%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
82
LOT ON ANY
OTHER ROAD
134 metres (frontage
required on a year-
round maintained
public road)
Up to 5%
Any Amount Over
Permitted Staff
Variation
4.2.1.5.c) Minimum Front Yard Setback - Backlots
SITUATION
STANDARD (a)
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ADJACENT TO A
PROVINCIAL
HIGHWAY
19 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
DISTRICT ROAD
14.5 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
10 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
(a) Buffer - A vegetated roadside buffer of at least 6 metres in depth shall be provided along
75% of the front lot lines.
4.2.1.5.d) Minimum Interior Side Yard Setback - Backlots
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ALL
4.5 metres
Up to 20%
Any Amount Over
Permitted Staff
Variation
4.2.1.5.e) Minimum Exterior Side Yard Setback - Backlots
SITUATION
STANDARD (a)
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ADJACENT TO A
PROVINCIAL
HIGHWAY
19 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
DISTRICT ROAD.
14.5 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO AN
UNOPENED ROAD
ALLOWANCE
4.5 metres
Up to 20%
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
10 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
83
(a) Buffer - A vegetated roadside buffer of at least 6 metres in depth shall be provided along
75% of the exterior side lot lines.
4.2.1.5.f) Minimum Rear Yard Setback - Backlots
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ADJACENT TO A
PROVINCIAL
HIGHWAY
19 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
DISTRICT ROAD.
14.5 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
10 metres
Up to 50%
Any Amount Over
Permitted Staff
Variation
4.2.1.5.g) Maximum Lot Coverage - Backlots
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
A BACKLOT WITH
PUBLIC ROAD
FRONTAGE.
5%
Coverage - up to
25% of requirement
No variance for the
maximum footprint
Any Amount Over
Permitted Staff
Variation
4.2.1.5.h) Maximum Building Height - Backlots
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ACCESSORY
STRUCTURES
5.6 metres
10%
Any Amount Over
Permitted Staff
Variation
A DETACHED
GARAGE
8.8 metres
10%
Any Amount Over
Permitted Staff
Variation
A DWELLING
10.6 metres
10%
Any Amount Over
Permitted Staff
Variation
See APPENDIX 3 for clarification regarding lot coverage.
Community Planning Permit By-law 2021-111
84
See also APPENDIX 3 for clarifications regarding the measurement of building height
interpretation.
Community Planning Permit By-law 2021-111
85
4.2.2 WATERFRONT RESORT COMMERCIAL
4.2.2.1 In a Waterfront Resort Commercial Planning 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.
4.2.2.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES (a)(b)(c)
Accessory dwelling (a)
Bed and Breakfast (a)
Existing waterfront commercial uses
Institutional tourist establishment (a)
Motel (a)
Resort (a)
Tourist establishment (a)
(a) The use indicated shall only be permitted where such use existed at the date of passage of
this By-law.
(b) Permitted uses and structures include accessory uses and structures, unless specifically
listed, but exclude shooting ranges, archery ranges or similar
(c) New waterfront commercial uses require an amendment to the Official Plan
4.2.2.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Accessory driving range
Accessory golf course
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
4.2.2.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
Existing
None
None
ROAD FRONTAGE
(PUBLIC ROAD)
Existing
None
None
WATER FRONTAGE
Existing
None
None
SHORELINE YARD
30 m
Up to 5%
Up to 10%
FRONT YARD (a)
10 m
Up to 10%
Up to 50%
REAR YARD (a)
10 m
Up to 10%
Up to 50%
SIDE YARD
10 m
Up to 10%
Up to 50%
EXTERIOR SIDE
YARD (a)
10 m
Up to 10%
Up to 50%
Community Planning Permit By-law 2021-111
86
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 10%
Up to 20%
HEIGHT
(SHORELINE
ACCESSORY)
5.6 m
Up to 10%
Up to 20%
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 10%
Up to 20%
LOT COVERAGE
8%
Up to 10%
Up to 20%
SHORELINE
ACTIVITY AREA
FRONTAGE
33%
None
None
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Up to 10% (max
55%)
LOT COVERAGE
(BETWEEN 20M -
120M)
30% of this area
Up to 5%
Up to 15% (max of
35% or 10 % of total
lot coverage,
whichever is less)
LOT COVERAGE
(INCLUDING ALL
LANDS >120M
FROM SHORELINE)
10%
Up to 5%
Up to 25% (max of
12.5%)
GROSS FLOOR
AREA where water
frontage is less than
120 m
148.6 sq. m. per ha
where water frontage
is less than 120 m
Up to 200 sq. m.
where water frontage
is less than 120 m
Up to 425 sq. m.
where water frontage
is less than 120 m
GROSS FLOOR
AREA where water
frontage is at least
120 m
300 sq. m. per ha
where water frontage
is at least 120 m
Up to 400 sq. m.
where water frontage
is less than 120 m
Up to 825 sq. m. per
ha where water
frontage is at least
120 m
# DOCKING
SPACES
14
Up to 20%
Up to 50% (subject to
boat impact
assessment)
(a) An additional 4.5 metre setback is required from a Muskoka Road and an additional 9 metre
setback is required from a provincial highway
Community Planning Permit By-law 2021-111
87
4.2.3 WATERFRONT RESORT COMMERCIAL BACKLOT
4.2.3.1 In a Waterfront Resort Commercial Backlot Planning 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.
4.2.3.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES (a)(b)
Existing uses
Uses accessory to existing 'Waterfront Resort Commercial' uses
(a) New waterfront commercial uses require an amendment to the Official Plan.
(b) Permitted uses include accessory uses and structures, unless specifically listed, but exclude
shooting ranges, archery ranges or similar
4.2.3.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)(b)
Accessory driving range
Accessory golf course
Accessory stables
Uses permitted in 'Waterfront Resort Commercial', only as part of an existing shoreline
'Waterfront Resort Commercial' operation.
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
(b) Discretionary uses include accessory uses and structures, unless specifically listed, but
exclude shooting ranges, archery ranges or similar
4.2.3.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
4 ha
Up to 5%
Up to 10%
ROAD FRONTAGE
(PUBLIC ROAD) (b)
134 m
Up to 5%
Up to 10%
FRONT YARD(a)
10 m
Up to 20%
Up to 50%
REAR YARD(a)
10 m
Up to 20%
Up to 50%
SIDE YARD
10 m
Up to 20%
Up to 50%
EXTERIOR SIDE
YARD(a)
10 m
Up to 20%
Up to 50%
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Up to 20%
Community Planning Permit By-law 2021-111
88
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Up to 20%
LOT COVERAGE
8%
Up to 5%
Up to 20% (max of
10%)
GROSS FLOOR
AREA
300 sq. m. per ha
Up to 400 sq. m. per
ha
Up to 825 sq. m. per
ha
(a) An additional 4.5 metre setback is required from a Muskoka Road and an additional 9
metre setback is required from a provincial highway
(b) Road Frontage - Where road frontage abuts a Provincial Highway or Class A Muskoka
Road, the minimum required frontage is 150 metres, or where road frontage abuts a
Class B Muskoka Road, the minimum required road frontage is 135 metres.
Community Planning Permit By-law 2021-111
89
4.2.4 WATERFRONT RESORT COMMERCIAL OPEN SPACE
4.2.4.1 In a Waterfront Resort Commercial Open Space Planning 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.
4.2.4.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES (a)
Accessory open space uses
(a) Permitted uses exclude shooting ranges and archery ranges
4.2.4.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
Existing
None
None
ROAD FRONTAGE
(PUBLIC ROAD)
Existing
None
None
WATER FRONTAGE
Existing
None
None
SHORELINE YARD
20 m or 30 m where
abuts a Waterfront
Environmental
Protection Planning
Area
None
None
FRONT YARD (a)
10 m
Up to 20%
Up to 50%
REAR YARD (a)
10 m
Up to 20%
Up to 50%
SIDE YARD
10 m
Up to 20%
Up to 50%
EXTERIOR SIDE
YARD (a)
10 m
Up to 20%
Up to 50%
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 10%
Up to 20%
HEIGHT
(SHORELINE
ACCESSORY)
5.6 m
Up to 5%
Up to 20%
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 10%
Up to 20%
SHORELINE
ACTIVITY AREA
FRONTAGE
33%
None
None
(a) An additional 4.5 metre setback is required from a Muskoka Road and an additional 9 metre
setback is required from a provincial highway
Community Planning Permit By-law 2021-111
90
4.2.5 WATERFRONT SERVICE COMMERCIAL
4.2.5.1 In a Waterfront Service Commercial Planning 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.
4.2.5.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES (a)(b)
Existing Accessory dwelling
Existing Boat storage
Existing Contractor's Establishment
Existing Marina
Existing Outfitter
Existing Boat or Recreational Vehicle Establishment
4.2.5.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)(b)(c)
Similar uses
Waterfront landing
(a) Waterfront Landing - 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 Planning
Permit:
1) Sufficient docking and parking facilities will be provided to serve the primary
residential or resort commercial use;
2) The property, particularly the shoreline, is suitable for the use;
3) The property has access onto a year-round publicly maintained, public road;
4) Access to the facility by water is suitable;
5) The facility will not have a negative impact on environmentally sensitive areas,
habitat, or heritage areas;
6) The facility is not located within an area affected by a development constraint;
7) The facility will be designed in a manner that is compatible with surrounding
properties;
8) 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;
Community Planning Permit By-law 2021-111
91
9) Stormwater management and construction mitigation is addressed; and
10) Waterfront landings will be secured through ownership of a registered right of way.
(b) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
(c) Discretionary uses include accessory uses and structures, unless specifically listed, but
exclude shooting ranges, archery ranges or similar
4.2.5.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
Existing
None
None
LOT AREA FOR
WATERFRONT
LANDING
1,400 sq. m
None
None
ROAD FRONTAGE
(PUBLIC ROAD)
Existing
None
None
WATER FRONTAGE
Existing
None
None
WATER FRONTAGE
FOR WATERFRONT
LANDING
30 m
None
None
SHORELINE YARD
30 m
Up to 5%
Up to 10%
FRONT YARD(a)
N/A
None
None
REAR YARD(a)
10 m
Up to 20%
Up to 50%
SIDE YARD
10 m
Up to 20%
Up to 50%
EXTERIOR SIDE
YARD(a)
10 m
Up to 20%
Up to 50%
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Up to 20%
HEIGHT
(SHORELINE
ACCESSORY)
5.6 m
Up to 5%
Up to 20%
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Up to 20%
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Up to 10% (max
55%)
SAA FRONTAGE
50%
Up to 5%
Up to 20%
LOT COVERAGE
(BETWEEN 20M -
120M)
30% of this area
Up to 5%
Up to 15% (max of
35% or 10% of total
lot coverage,
whichever is less)
Community Planning Permit By-law 2021-111
92
LOT COVERAGE
(INCLUDING ALL
LANDS >120M)
FROM SHORELINE)
10%
Up to 5%
Up to 25% (max of
12.5%)
# DOCKING
SPACES
14
Less than 50%
50% or greater (subject
to boat impact
assessment)
(a) An additional 4.5 metre setback is required from a Muskoka Road and an additional 9 metre
setback is required from a provincial highway
Community Planning Permit By-law 2021-111
93
4.2.6 WATERFRONT SERVICE COMMERCIAL BACKLOT
4.2.6.1 In a Waterfront Service Commercial Backlot Planning 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.
4.2.6.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES (a)
Accessory dwelling (a)
Boat storage (a)
Contractor's yard (a)
Existing waterfront commercial uses
Outfitter (a)
Boat or Recreational vehicle establishment (a)
Uses accessory to existing "Service Commercial" permitted uses
(a) The use indicated shall only be permitted where such use existed at the date of passage of
this By-law.
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES
Similar uses
4.2.6.3 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
4 ha
Up to 5%
Up to 10%
ROAD FRONTAGE
(PUBLIC ROAD) (b)
134 m
Up to 5%
Up to 10%
FRONT YARD(a)
10 m
Up to 20%
Up to 50%
REAR YARD(a)
10 m
Up to 20%
Up to 50%
SIDE YARD
10 m
Up to 20%
Up to 50%
EXTERIOR SIDE
YARD(a)
10 m
Up to 20%
Up to 50%
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Up to 20%
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Up to 20%
LOT COVERAGE
8%
Up to 10%
Up to 25%
(a) An additional 4.5 metre setback is required from a Muskoka Road and an additional 9
metre setback is required from a provincial highway.
(b) Road Frontage - Where road frontage abuts a Provincial Highway or Class A Muskoka
Road, the minimum required frontage is 150 metres, or where road frontage abuts a
Class B Muskoka Road, the minimum required road frontage is 135 metres.
Community Planning Permit By-law 2021-111
94
4.2.7 WATERFRONT OPEN SPACE
4.2.7.1 In a Waterfront Open Space Planning 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.
4.2.7.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Active Public and Private parks
Dwelling that existed as of the day of passing of this By-law
Historic and cultural sites and features
Recreational trails
Recreational, educational, or interpretive facilities
Short-Term rental (d)
Water corridors or routes and portages
4.2.7.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Individual Access Point
Mini Golf Course (c)
Waterfront landing (b)
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
(b) Waterfront Landing - 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 Planning
Permit:
1) Sufficient docking and parking facilities will be provided to serve the primary
residential or resort commercial use;
2) The property, particularly the shoreline, is suitable for the use;
3) The property has access onto a year-round publicly maintained, public road;
4) Access to the facility by water is suitable;
5) The facility will not have a negative impact on environmentally sensitive areas,
habitat, or heritage areas;
6) The facility is not located within an area affected by a development constraint;
7) The facility will be designed in a manner that is compatible with surrounding
properties;
8) Parking facilities will be setback at least 20 metres from the shoreline and a shoreline
buffer will be required to be maintained or restored outside the shoreline activity area;
Community Planning Permit By-law 2021-111
95
9) Stormwater management and construction mitigation is addressed; and
10) Waterfront landings will be secured through ownership of a registered right of way.
(c) Mini Golf Course - 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 Planning
Permit:
1) The site is suitable for the use proposed;
2) The property has access onto a year-round publicly maintained, public road;
3) Adequate potable water and sewage disposal can be provided;
4) Access routes are appropriate or can be upgraded to accommodate the additional
traffic;
5) The proposal will be compatible with surrounding properties; and
6) Parking areas will be buffered from roadways.
(d)
A short-term rental shall only be permitted provided it is located in an existing
principal dwelling.
4.2.7.4 Provisions applying to all lots are as listed in the following charts:
4.2.7.4 a) Minimum Lot Area
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
COMMERCIAL
OPEN SPACE
0.4 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
WATERFRONT
LANDING FOR UP
TO 14
WATERCRAFT
1400 sq. m.
Up to 5%
Any Amount Over
Permitted Staff
Variation
INDIVIDUAL
ACCESS POINT
700 sq. m.
Up to 5%
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
Existing
Up to 5%
Any Amount Over
Permitted Staff
Variation
4.2.7.4 b) Minimum Water Frontage
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
Community Planning Permit By-law 2021-111
96
COMMERCIAL
OPEN SPACE
60 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATERFRONT
LANDING FOR UP
TO 14
WATERCRAFT
30 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
INDIVIDUAL
ACCESS POINT
15 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
Existing
Up to 10%
Any Amount Over
Permitted Staff
Variation
4.2.7.4 c) Minimum Road Frontage
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOCATED ON A
PROVINCIAL
HIGHWAY OR
DISTRICT CLASS A
ROAD
150 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
LOCATED ON A
DISTRICT CLASS B
ROAD
135 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
COMMERCIAL
OPEN SPACE
WATERFRONT
LANDING FOR UP
TO 14
WATERCRAFT
30 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
INDIVIDUAL
ACCESS POINT
15 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
Existing
Up to 10%
Any Amount Over
Permitted Staff
Variation
4.2.7.4 d) Minimum Shoreline Yard
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
ABUTTING WEP
PLANNING PERMIT
AREA
30 metres
Up to 10%(a)
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
97
PARKING AREAS
AND STRUCTURES,
OTHER THAN
SHORELINE
STRUCTURES
20 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
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 Planning
Permit Area
Up to 10%
Any Amount Over
Permitted Staff
Variation
(a) Upon submission of a Fish Habitat Impact Assessment in accordance with section 2.11
4.2.7.4 e) Minimum Side Yard Setback
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
OPEN SPACE
CROWN LAND
INDIVIDUAL
ACCESS POINT
WATERFRONT
LANDING FOR UP
TO 14
WATERCRAFT
10 m
Up to 25%
Any Amount Over
Permitted Staff
Variation
UNDERSIZED
SHORELINE LOT
USED IN
CONJUNCTION
WITH AN
ADJACENT
DEVELOPABLE LOT
LANDS UNDER
WATER
Subject to the
provisions of the
abutting Planning
Permit area
Subject to the
provisions of the
abutting Planning
Permit area
Any Amount Over
Permitted Staff
Variation
4.2.7.4 f) Minimum Front Yard, Rear Yard, and Exterior Side Yard Setback
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
Community Planning Permit By-law 2021-111
98
OPEN SPACE
CROWN LAND
INDIVIDUAL
ACCESS POINT
WATERFRONT
LANDING FOR UP
TO 14
WATERCRAFT
10 m
Up to 25%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
DISTRICT ROAD
14.5 metres
Up to 25%
Any Amount Over
Permitted Staff
Variation
ADJACENT TO A
PROVINCIAL
HIGHWAY
19 metres
Up to 25%
Any Amount Over
Permitted Staff
Variation
UNDERSIZED
SHORELINE LOT
USED IN
CONJUNCTION
WITH AN
ADJACENT
DEVELOPABLE LOT
LANDS UNDER
WATER
Subject to the
provisions of the
abutting Planning
Permit area
Subject to the
provisions of the
abutting Planning
Permit area
Any Amount Over
Permitted Staff
Variation
4.2.7.4 g) Lot Coverage
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
INDIVIDUAL
ACCESS POINT
WATERFRONT
LANDING
The lesser of 5% or
93 sq. m.
Up to 25%
Any Amount Over
Permitted Staff
Variation
OPEN SPACE
CROWN LAND
5%
Up to 25%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
99
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 Planning
Permit area
Subject to the
provisions of the
abutting Planning
Permit area
Any Amount Over
Permitted Staff
Variation
4.2.7.4 h) Maximum Building Height
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
SHORELINE
STRUCTURES
5.6 m
None
Any Amount Over
Permitted Staff
Variation
OTHER
STRUCTURES
8.8 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
4.2.7.4 i) Maximum Shoreline Activity Area Frontage
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
OPEN SPACE
COMMERCIAL
OPEN SPACE
25% to a maximum
of 23 metres
None
Any Amount Over
Permitted Staff
Variation
WATERFRONT
LANDINGS
33%
None
Any Amount Over
Permitted Staff
Variation
INDIVIDUAL
ACCESS POINTS
25%
None
Any Amount Over
Permitted Staff
Variation
4.2.7.4 j) Maximum Shoreline Activity Area Coverage
SITUATION
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
Community Planning Permit By-law 2021-111
100
UNDERSIZED
SHORELINE LOTS
USED IN
CONJUNCTION
WITH AN
ADJACENT
RESIDENTIAL LOT
Subject to the
provisions of the
abutting Planning
Permit Area
None
Any Amount Over
Permitted Staff
Variation
ALL OTHER
SITUATIONS
40%
None
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
101
4.2.8 WATERFRONT ENVIRONMENTAL PROTECTION
4.2.8.1 In a Waterfront Environmental Protection Planning 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.
4.2.8.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
An existing detached dwelling
A Short-Term rental (a)
An existing dock
An expansion to an existing dock associated with an abutting Waterfront Residential Planning
Permit Area provided it is not wider than the average width of the existing structure
Conservation
(a) A short-term rental shall only be permitted provided it is located in an existing principal dwelling.
4.2.8.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)(b)
A new dock, a boathouse or a boatport associated with a new or existing dwelling in and/or
abutting a Waterfront Residential Planning Permit area (c)
Interpretive Centre
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
(b) 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.
(c) 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.
4.2.8.4 Provisions applying to all lots are as listed in the following charts:
a) Minimum Side Yard
STANDARD
CLASS ONE - STAFF
VARIATION
CLASS TWO - COUNCIL
VARIATION
4.5 M FROM THE SIDE LOT
LINE
Up to 50%
Any Amount Over Permitted
Staff Variation
b) Maximum Shoreline Activity Area Frontage
STANDARD
CLASS ONE - STAFF
VARIATION
CLASS TWO - COUNCIL
VARIATION
15% UP TO A MAXIMUM OF
15M
None
Any Amount Over Permitted
Staff Variation
Community Planning Permit By-law 2021-111
102
c) Maximum Shoreline Activity Area Coverage
STANDARD
CLASS ONE - STAFF
VARIATION
CLASS TWO - COUNCIL
VARIATION
15%
None
Any Amount Over Permitted
Staff Variation
Community Planning Permit By-law 2021-111
103
4.3 RURAL - PLANNING PERMIT AREA
4.3.1 RURAL GENERAL
4.3.1.1 In a Rural General Planning 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.
4.3.1.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
A detached residential dwelling
An accessory sleeping cabin
An Additional Dwelling Unit (ADU)
Backyard Hens Cemetery
Community Centre
Conservation uses Day
Nursery
Dwelling licensed as a Short-term Rental
Farm (b)
Forestry
Hobby Farm (a)
Home based business
Hunt and Fishing Camps
Kennels (c)
Library
Management or use of resources
Museum
Nursery (a)
On-farm diversified uses in association with a farm use (b)
Open space uses including cemeteries
Religious Institution
Resource-based recreational use
Riding or boarding stable
Trails
Veterinary Clinic
Wayside Pit or Quarry
(a) Existing Lot - The use indicated is only permitted on an existing lot provided that the lot is 2
hectares or greater in area, has 150 metres or more of year-round maintained public road
frontage and meets all the yard or setback requirements of the By-law.
(b) Farm - A farm is only permitted on lots that satisfy the minimum lot area and frontage
requirements of this Section
Community Planning Permit By-law 2021-111
104
(c) Kennel - A kennel is only permitted on lots that satisfy the minimum lot area and frontage
requirements of this Section.
4.3.1.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Accessory Stables
Agricultural warehousing and processing operations
Commercial fish farm located only in a natural or man-made pond with an impact assessment
Garden Suite
Outdoor storage
Small scale eco-tourism resort
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
4.3.1.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF
VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
10 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
152 m (a)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD (e)
20 m (b)(c)(d)
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD (e)
20 m (b)(c)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
10 m (b)(c)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE YARD (e)
20 m (b)(c)(d)
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
RESIDENTIAL(PRINCIPAL)
10.6 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT OTHER
(PRINCIPAL) (c)
11 m (c)
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (DETACHED
GARAGE)
8.8 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
8.8 m (c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
105
LOT COVERAGE
2%
Up to 10%
Any Amount Over
Permitted Staff
Variation
(a) Hunt Camp - Road frontage is not required for a hunt camp.
(b) Kennel - Any building, structure, animal run or pen associated with a kennel that is used to
house animals, except for a dwelling, shall be set back from any lot line a minimum distance of
60 metres and a buffer of at least 6 metres in depth shall be provided along any side lot line.
(c) Farm Buildings - Refer to Section 3.12 (Minimum Separation Distances).
(d) Buffer - A vegetated roadside buffer of at least 6 metres in depth shall be provided along
75% of the front or exterior side lot lines in the Rural General planning permit areas unless the
use of the lot is for a farm, hobby farm, or a riding or boarding stable.
(e) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
Community Planning Permit By-law 2021-111
106
4.3.2 RURAL LIMITED
4.3.2.1 In a Rural Limited Planning 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.
4.3.2.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
A Detached Dwelling
An Additional Dwelling Unit (ADU)
An accessory sleeping cabin
Backyard Hens (b)
Cemeteries
Conservation
Dwelling licensed as a Short-term Rental
Hobby Farm (a)
Home based business
Management or use of resources
Nursery (a)
Resource-based recreational uses
Riding or Boarding Stable (a)
Veterinary Office
Wayside Pit or Quarry
(a) Existing Lot - The use indicated is only permitted on an existing lot provided that the lot is 2
hectares or greater in area, has 150 metres or more of year-round maintained public road
frontage and meets all the yard or setback requirements of the By-law.
(b) A maximum of ten (10) hens is permitted on any lot within this Planning Permit Area.
4.3.2.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Accessory Stables
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
4.3.2.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
4 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
152 m
Up to 10%
Any Amount Over
Permitted Staff
Community Planning Permit By-law 2021-111
107
Variation
FRONT YARD (c)
15 m (a)(b)
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD (c)
15 m (a)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
6 m (a)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD (c)
15 m (a)(b)
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT DWELLING
(PRINCIPAL)
10.6 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT OTHER
(PRINCIPAL)
11 m (a)
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT
(DETACHED
GARAGE)
8.8 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
8.8 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
5%
Up to 10%
Any Amount Over
Permitted Staff
Variation
(a) Farm Buildings - Refer to Section 3.12 (Minimum Separation Distances).
(b) Buffer - A roadside buffer of at least 6 metres in depth shall be provided along 75% of the
front or exterior side lot lines in the Rural Limited planning permit area unless the use of the lot
is for a hobby farm, or a riding or boarding stable.
(c) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metres setback is required from a provincial highway.
Community Planning Permit By-law 2021-111
108
4.3.3 RURAL RESIDENTIAL
4.3.3.1 In a Rural Residential Planning 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.
4.3.3.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Additional Dwelling Unit (ADU) (a)
Backyard Hens (b)
Detached Dwelling
Dwelling licensed as a Short-term Rental
Group Home
Home-Based Business
Sleeping Cabin (a)
(a) A buffer of at least 6 metres (19.7 feet) in depth shall be provided along 75% of the front and
exterior side yards in the Rural Residential planning permit areas when erecting an accessory
structure that is not part of a principal building on the lot. The buffer shall be located such that it
will be between the front lot line and exterior side lot line and an accessory structure.
(b) A maximum of five (5) hens is permitted on a lot equal or less than 0.4 ha (1 acre) and ten
(10) hens on a lot greater than 0.4 ha (1 acre).
4.3.3.3 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
2.0 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(YEAR-ROUND
MAINTAINED
ROAD)
152 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD (a)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD (a)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
4.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD (a)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
109
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
10.6 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT
(DETACHED
GARAGE)
8.8 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
8.8 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
5%
Up to 10%
Any Amount Over
Permitted Staff
Variation
(a) Muskoka Roads and Provincial Highways - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
Community Planning Permit By-law 2021-111
110
4.3.4 RURAL COMMERCIAL
4.3.4.1 In a Rural Commercial Planning 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.
4.3.4.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Art Gallery
Artisan's Studio
Automobile Service Station
Bakeshop
Club (a)
Commercial Bed and Breakfast Establishment
Commercial Greenhouse or Nursery
Convenience Store
Custom Workshop
Dwelling
Short-term Rental (b)
Farm Implement Sales Outlet
Fishing or Hunting Supply Retail Store
Garden Centre
Hotel
Kennel
Marine Sales, Rental and Service Establishment
Motel
Recreational Vehicles Sale, Rental and Service Establishment
Restaurant
Tourist Commercial Retail
Veterinary Clinic
(a) Existing Uses - The uses indicated shall only be permitted where such use existed at the
date of passage of this By-law.
(b) A short-term rental shall only be permitted provided it is located in an existing principal
dwelling.
4.3.4.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Boat or Recreational Vehicle Establishment
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
Community Planning Permit By-law 2021-111
111
4.3.4.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
2 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(YEAR-ROUND
MAINTAINED
ROAD)
152 m (e)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD (a)
10 m (d)
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD (a)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
4.5 m (b)(c)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD (a)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
8.8 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
10%
Up to 10%
Any Amount Over
Permitted Staff
Variation
(a) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(b) Increased Side Yard - Where a side lot line abuts any residential use, the minimum side yard
requirement is 9 metres.
(c) Buffers - A minimum buffer of one-half of the required side or rear yard setback shall be
provided along a side or rear lot line of a commercial planning permit area where it abuts a
residential use.
(d) Buffers - A buffer of at least 6 metres in depth, along 75% of the road frontage is required.
(e) Road Frontage - Frontage on a year-round maintained public road is required.
Community Planning Permit By-law 2021-111
112
4.3.5 RURAL INDUSTRIAL
4.3.5.1 In a Rural Industrial Planning 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.
4.3.5.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Accessory Maintenance Garage
Accessory Office
Batching Plant
Contractor's Yard or Establishment
Custom Workshop
Dwelling
Equipment Storage Building
Landscaping Business
Light Equipment Rental Establishment
Light Equipment Repair Shop
Marine Service Shop
Motor Vehicle Repair Shop
Outdoor Storage
Sawmill
Small-scale Manufacturing
Storage Establishment
Transport Depot
4.3.5.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Bulk Fuel Depot
Warehousing
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
4.3.5.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
4 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(YEAR-ROUND
MAINTAINED
ROAD)
152 m (a)
Up to 10%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
113
FRONT YARD (b)(d)
15 m (c)
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD (b)
15 m (c)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
10 m (c)(d)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD (b)
15 m (d)
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
10%
Up to 20%
Any Amount Over
Permitted Staff
Variation
(a) Road Frontage - Where road frontage abuts a Provincial Highway or Class A Muskoka
Road, the minimum required frontage is 150 metres, or where road frontage abuts a Class B
Muskoka Road, the minimum required road frontage is 135 metres.
(b) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(c) Side Yard - Where a side lot line abuts any residential uses, the minimum side yard
requirement is 30 metres.
(d) Buffers - A minimum buffer of one-half of the required front, side or rear yard setback shall
be provided along a front, side, or rear lot line of an industrial planning permit area where it
abuts a residential use or a road.
Community Planning Permit By-law 2021-111
114
4.3.6 EXTRACTIVE INDUSTRIAL
4.3.6.1 In an Extractive Industrial Planning 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.
4.3.6.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES (a)
Pit
Quarry
Wayside Pit or Quarry
(a) Permitted in accordance with the requirements of a licence granted through the Aggregate
Resources Act (ARA)
4.3.6.3 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
4 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
152 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD (a)
30 m (b)
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD (a)
30 m (b)(c)(d)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
30 m (b)(c)(d)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD (a)
30 m (b)
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
1%
Up to 200%
Any Amount Over
Community Planning Permit By-law 2021-111
115
Permitted Staff
Variation
(a) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(b) Buffers - A buffer of 15 m is required adjacent to all lot lines except for a lot line abutting any
industrial planning permit area.
(c) Abutting any Industrial Planning permit area - Where the lot abuts another industrial
planning permit area, the minimum required setback is 15 m.
(d) Abutting Residential Planning permit area - Where the lot abuts a residential use, the
minimum setback is 60 m.
Community Planning Permit By-law 2021-111
116
4.3.7 WASTE MANAGEMENT INDUSTRIAL
4.3.7.1 In a Waste management Industrial Planning 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.
4.3.7.2 The establishment of a new private waste management system is prohibited and shall
require an amendment to the Muskoka Official Plan.
4.3.7.3 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Recycling Depot
Sewage Facility
Waste management
4.3.7.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
4 ha (b)
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
152 m (b)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD (a)
30 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD (a)
30 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
30 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD (a)
30 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
117
LOT COVERAGE
1%
Up to 20%
Any Amount Over
Permitted Staff
Variation
(a) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(b) Enclosed Transfer Station - Where a transfer station is to be located within a building, the
minimum lot size requirement is 0.8 ha and the minimum lot frontage requirement is 90 m.
Community Planning Permit By-law 2021-111
118
4.4 SETTLEMENT - PLANNING PERMIT AREA
All development and site alteration adjacent to waterfront requires issuance of a conditional
Planning Permit unless it constitutes a minor activity exempted by sections 2.14.1.
All development and site alteration in Settlement - Planning Permit Areas on waterbodies listed
in Schedule E2 of the Muskoka District Official Plan require issuance of a conditional Planning
Permit unless it constitutes an activity exempted by sections 2.14.1. In addition to any other
conditions which may apply, all such applications for Planning Permits may be required to
submit a Muskoka District Lake System Health Standard or Enhanced Protections Policy
Compliance Analysis prior to the issuance of a Planning Permit as a requirement of a
Provisional Approval
4.4.1 SETTLEMENT RESIDENTIAL
4.4.1.1 In a Settlement Residential Planning 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.
4.4.1.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Additional Dwelling Unit (ADU) (b)
Backyard Hens (a)
Detached Dwelling
Dwelling licensed as a Short-term Rental
Group Home (b)
Home-based Business
(a) A maximum of five (5) hens is permitted on a lot equal or less than 0.4 ha and ten (10) hens
on a lot greater than 0.4 ha. Backyard hens are not permitted on lots with water frontage.
(b) Additional Dwelling Units and group homes are not permitted on lots with water frontage.
4.4.1.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Garden Suite (b)
Sleeping Cabin (c)
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
(b) Garden suites are not permitted on lots with water frontage.
(c) Sleeping cabins are only permitted on lots with water frontage.
4.4.1.4 Provisions applying to all lots are as listed in the following charts:
Community Planning Permit By-law 2021-111
119
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.8 ha (a)
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
60 m (a)(c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
60 metres (a)
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (d)
Up to 5%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(e)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(e)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
2.5 m (a)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(e)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
10.6 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (GARAGE)
8.8 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT
(SHORELINE
STRUCTURES)
5.6 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
7 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
15% (b)
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
120
SHORELINE
ACTIVITY AREA
FRONTAGE
25%
Up to 5%
Any Amount Over
Permitted Staff
Variation
(a) Municipal Water and Sewer Service - Where municipal water and sewer service is provided,
the following minimum requirements apply:
Detached Dwellings
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
800 m2
600 m2
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
20 m
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
20 m
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
1.5 m
None
Any Amount Over
Permitted Staff
Variation
(b) Municipal Water and Sewer Service - Where municipal water and sewer service is provided
the maximum coverage permitted is 25%.
(c) Frontage on Provincial or Muskoka Roads - Where road frontage abuts a Provincial Highway
or Class A Muskoka Road, the minimum required road frontage is 150 metres, or where road
frontage abuts a Class B Muskoka Road, the minimum required road frontage is 135 metres.
(d) Buffer - A shoreline buffer across 75% of the shoreline of the lot shall be required.
(e) Muskoka Roads and Provincial Highways - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
Community Planning Permit By-law 2021-111
121
4.4.2 SETTLEMENT NEIGHBOURHOOD RESIDENTIAL
4.4.2.1 In a Settlement Neighbourhood Residential Planning 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.
4.4.2.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Additional Dwelling Unit (ADU) (b)
Backyard Hens (a)
Detached Dwelling
Dwelling licensed as a Short-Term Rental
Group Home
Home-based Business
(a) A maximum of five (5) hens is permitted on a lot equal or less than 0.4 ha and ten (10) hens
on a lot greater than 0.4 ha. Backyard hens are not permitted on lots with water frontage.
(b) Additional Dwelling Units (ADUs) are not permitted on lots with water frontage.
4.4.2.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Garden Suite (b)
Sleeping Cabin (c)
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied
(b) Garden suites are not permitted on lot with water frontage.
(c) Sleeping cabins are only permitted on lots with water frontage.
4.4.2.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.4 ha (a)
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
45 m (a)(c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
60 metres (a)
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 metres
Up to 10%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
122
FRONT YARD(d)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(d)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
2.5 m (a)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(d)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
10.6 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (GARAGE)
8.8 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
7 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
15% (b)
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
FRONTAGE
25%
Up to 5%
Any Amount Over
Permitted Staff
Variation
(a) Municipal Water and Sewer Service - Where municipal water and sewer service is provided,
the following minimum requirements apply:
Detached Dwellings
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
800 m2
600 m2
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
20 m
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
20 m
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
1.5 m
None
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
123
(b) Municipal Water and Sewer Service - Where municipal water and sewer service is provided
the maximum coverage permitted is 25%.
(c) Frontage on Provincial or Muskoka Roads - Where road frontage abuts a Provincial Highway
or Class A Muskoka Road, the minimum required road frontage is 150 metres, or where road
frontage abuts a Class B Muskoka Road, the minimum required road frontage is 135 metres .
(d) Muskoka Roads and Provincial Highways - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
Community Planning Permit By-law 2021-111
124
4.4.3 SETTLEMENT MULTIPLE RESIDENTIAL
4.4.3.1 In a Settlement Multiple Residential Planning 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.
4.4.3.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Additional Dwelling Unit (ADU)
Apartment (b)
Backyard Hens (a)
Boarding House (b)
Converted Dwelling (b)
Detached Dwelling
Duplex Dwelling (b)
Dwelling licensed as a Short-term Rental
Fourplex Dwelling (b)
Retirement Home (b)
Semi-Detached Dwelling (b)
Townhouse (b)
Triplex Dwelling (b)
(a) A maximum of five (5) hens is permitted on a lot equal or less than 0.4 ha and ten (10) hens
on a lot greater than 0.4 ha.
(b) Multi-residential development on private services require a hydrogeological assessment to
ensure appropriate lot size and use.
4.4.3.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Garden Suite (b)
Sleeping Cabin (c)
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
(b) Garden suites are not permitted on lots with water frontage.
(c) Sleeping cabins are only permitted on lots with water frontage.
4.4.3.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS(a)(h)
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.8 ha (b)
Up to 5%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
125
ROAD FRONTAGE
(PUBLIC ROAD)
60 m (b)(d)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m (b)
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (f)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(g)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(g)
7.5 m (e)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
2.5 m (e)(b)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(g)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT (PRINCIPAL)
12.5 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (DETACHED
GARAGE)
8.8 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
5.6 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
30%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
(a) Municipal Water and Sewer Service - Municipal water and sewer service shall be required
for any use in the Community Multiple Residential Planning Permit Area.
(b) Municipal Water and Sewer Service - Where municipal water and sewer service is provided,
the following minimum requirements apply:
Detached Dwellings
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
800 m2
600 m2
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
126
ROAD FRONTAGE
20 m
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
20 m
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
1.5 m
None
Any Amount Over
Permitted Staff
Variation
Duplex, Converted Dwellings, Boarding Houses
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
800 m2
600 m2
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
20 m
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
20 m/unit
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
1.5 m
None
Any Amount Over
Permitted Staff
Variation
Semi-Detached
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
400 m2 / unit
Up to 25%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
10 m / unit
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
10 m / unit
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
1.5 m
None
Any Amount Over
Permitted Staff
Variation
Triplex or Fourplex
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
Community Planning Permit By-law 2021-111
127
LOT AREA
300 m2 / unit
200 m2
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
30 m
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m / unit
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
2 m
None
Any Amount Over
Permitted Staff
Variation
Interior Townhouse
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
300 m2 / unit
200 m2
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
7 m / unit
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
7 m / unit
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
0 m
None
Any Amount Over
Permitted Staff
Variation
Exterior Townhouse
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
375 m2 / unit
300 m2
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
10 m / unit
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
10 m / unit
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
2 m
None
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
128
Apartment
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
280 m2 / unit
250 m2
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
30 m
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m / unit
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
3 m
None
Any Amount Over
Permitted Staff
Variation
Retirement Residence
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
1400 m2
1200 m2
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
30 m
None
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m
None
Any Amount Over
Permitted Staff
Variation
SIDE YARD
3 m
None
Any Amount Over
Permitted Staff
Variation
(c) Municipal Water and Sewer Service - Where municipal water and sewer service is provided
the maximum coverage permitted is 25%.
(d) Frontage on Provincial or Muskoka Roads - Where road frontage abuts a Provincial Highway
or Class A Muskoka Road, the minimum required road frontage is 150 metres, or where road
frontage abuts a Class B Muskoka Road, the minimum required road frontage is 135 metres.
(e) Buffer - A minimum buffer of at least one-half the required side yard setback shall be
provided along a side or rear lot line of a Community Multiple Residential Planning Permit Area
containing a dwelling with more than 3 units.
(f) Buffer - A shoreline buffer across 75% of the shoreline of the lot shall be required
(g) Muskoka Roads and Provincial Highways - An additional 4.5 metre setback is required from
Community Planning Permit By-law 2021-111
129
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(h) Number of Units - The maximum number of units in any multiple residential dwelling is 15.
Community Planning Permit By-law 2021-111
130
4.4.4 SETTLEMENT GENERAL COMMERCIAL
4.4.4.1 In a Settlement General Commercial Planning 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.
4.4.4.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Art Gallery
Artisan's Studio
Bake Shop
Bakery(a)
Bed and Breakfast Establishment
Boarding House
Boat or Recreational Vehicle Establishment
Brewery
Building Supply Establishment
Club
Contractor's Establishment
Convenience Store
Craftsman Establishment
Duplicating Establishment
Dwelling
Educational Institution
Financial Establishment
Funeral Home
Garden Centre
Health Care Clinic
Institutional Tourist Establishment
Laundry or Dry Cleaning Outlet
Marina
Market Place
Motel
Motor Vehicle Repair Establishment
Motor Vehicle Sales or Rental Establishment
Motor Vehicle Service Station
Movable Food Outlet
Office
Parking Lot
Personal Service Establishment
Place of Assembly
Place of Entertainment
Resort
Restaurant
Retail Store
Community Planning Permit By-law 2021-111
131
Service or Repair Establishment
Short-term Rental (b)
Storage Establishment
Tavern
Tourist Establishment
Veterinary Clinic
(a) The use indicated shall only be permitted where such use existed at the date of passage of
this By-law.
(b) A short-term rental shall only be permitted provided it is located in an existing principal
dwelling.
4.4.4.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES
Similar Uses
4.4.4.4 Provisions applying to all lots are as listed in the following charts:
4.4.4.4.1
Municipal Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
1400 m2 (a)
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
30 m (c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (i)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD (e)(d)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD (e)
7.5 m (g)(j)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
3 m (f)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD (e)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
Community Planning Permit By-law 2021-111
132
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
35%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
4.4.4.4.2
Private Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.8 ha (b)
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
60 m (c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (i)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(e)(d)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(e)
10 m (g)(j)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
4.5 m (f)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(e)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
Community Planning Permit By-law 2021-111
133
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
15%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation
(a) Housekeeping/Accommodation Units - A maximum of one accommodation or housekeeping
unit may be permitted in a tourist establishment for every 250 square metres of lot area.
(b) Housekeeping/Accommodation Units - A maximum of one accommodation or housekeeping
unit may be permitted in a tourist establishment for every 675 square metres of lot area.
(c) Frontage on Provincial or Muskoka Roads - Where road frontage abuts a Provincial Highway
or Class A Muskoka Road, the minimum required road frontage is 150 metres, or where road
frontage abuts a Class B Muskoka Road, the minimum required road frontage is 135 metres.
Community Planning Permit By-law 2021-111
134
(d) Established Building Line - A building or structure may be erected or altered to conform to a
setback at the established building line.
(e) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(f) Increased Side Yard - Where a side lot line abuts any residential planning permit area, the
minimum side yard requirement is 9 metres.
(g) Buffers - A minimum buffer of one-half of the required side or rear yard setback shall be
provided along a side or rear lot line of a commercial planning permit area where it abuts a
residential planning permit area.
(i) Buffers - A Shoreline Buffer of at least 15 metres in depth along 50% of the shoreline is
required.
(j) Accessory Outdoor Storage - Accessory outdoor storage is not permitted except in the rear
yard where it is not located adjacent to the shoreline yard.
Community Planning Permit By-law 2021-111
135
4.4.5 SETTLEMENT CORE COMMERCIAL
4.4.5.1 In a Settlement Core Commercial Planning 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.
4.4.5.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Art Gallery
Artisan's Studio
Bake Shop
Brewery
Club
Convenience Store
Duplicating Establishment
Dwelling(a)
Financial Establishment
Health Care Clinic
Laundry or Dry Cleaning Outlet
Movable Food Outlet
Office
Parking Lot
Personal Service Establishment
Restaurant
Retail Store
Short-term Rental (b)
Tavern
(a) Existing Uses - The use indicated shall only be permitted where such use existed at the date
of passage of this By-law.
(b) A short-term rental shall only be permitted provided it is located in an existing principal
dwelling.
4.4.5.3 Provisions applying to all lots are as listed in the following charts:
4.4.5.3.1
Municipal Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
800 m2 (a)
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
20 m (c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
20 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
136
SHORELINE YARD
20 m (i)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(e)(d)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(e)
7.5 m (g)(j)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
3 m (f)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(e)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
50%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation
4.4.5.3.2
Private Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.4 ha (b)
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
45 m (c)
Up to 10%
Any Amount Over
Permitted Staff
Community Planning Permit By-law 2021-111
137
Variation
WATER FRONTAGE
45 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (i)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(e)(d)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(e)
10 m (g)(j)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
4.5 m (f)(g)(k)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(e)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
20%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation
(a) Housekeeping/Accommodation Units - A maximum of one accommodation or housekeeping
unit may be permitted in a tourist establishment for every 250 square metres of lot area.
(b) Housekeeping/Accommodation Units - A maximum of one accommodation or housekeeping
unit may be permitted in a tourist establishment for every 675 square metres of lot area.
Community Planning Permit By-law 2021-111
138
(c) Frontage on Provincial or Muskoka Roads - Where road frontage abuts a Provincial Highway
or Class A Muskoka Road, the minimum required road frontage is 150 metres, or where road
frontage abuts a Class B Muskoka Road, the minimum required road frontage is 135 metres.
(d) Established Building Line - A building or structure may be erected or altered to conform to a
setback at the established building line.
(e) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(f) Increased Side Yard - Where a side lot line abuts any residential planning permit area, the
minimum side yard requirement is 9 metres.
(g) Buffers - A minimum buffer of one-half of the required side or rear yard setback shall be
provided along a side or rear lot line of a commercial planning permit area where it abuts a
residential use.
(h) Buffers - A buffer of at least 6 metres in depth, along 75% of the road frontage is required.
(i) Buffers - A Shoreline Buffer of at least 15 metres in depth along 50% of the shoreline is
required.
(j) Accessory Outdoor Storage - Accessory outdoor storage is not permitted except in the rear
yard where it is not located adjacent to the shoreline yard.
(k) Abutting Commercial Uses - Where two commercial uses abut each other, the minimum side
yard is "0".
(l) Road Frontage - Frontage on a year-round maintained public road is required.
Community Planning Permit By-law 2021-111
139
4.4.6 SETTLEMENT TOURIST COMMERCIAL
4.4.6.1 In a Settlement Tourist Commercial Planning 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.
4.4.6.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Art Gallery
Artisan's Studio
Bed & Breakfast Establishment
Institutional Tourist Establishment
Marina
Hotel or Motel
Resort
Tourist Camping Establishment (a)
Tourist Establishment
(a) Existing Uses - The use indicated shall only be permitted where such use existed at the date
of passage of this By-law.
4.4.6.3 Provisions applying to all lots are as listed in the following charts:
4.4.6.3.1
Municipal Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
2000 m2 (a)
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
30 m (c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (i)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(e)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(e)
7.5 m (g)(j)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
3 m (f)(g)(k)
Up to 20%
Any Amount Over
Permitted Staff
Community Planning Permit By-law 2021-111
140
Variation
EXTERIOR SIDE
YARD(e)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
35%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation
4.4.6.3.2
Private Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.8 ha (b)
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
60 m (c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (i)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(e)(d)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(e)
10 m (g)(j)
Up to 20%
Any Amount Over
Community Planning Permit By-law 2021-111
141
Permitted Staff
Variation
SIDE YARD
4.5 m (f)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(e)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
15%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation
(a) Housekeeping/Accommodation Units - A maximum of one accommodation or housekeeping
unit may be permitted in a tourist establishment for every 250 square metres of lot area.
(b) Housekeeping/Accommodation Units - A maximum of one accommodation or housekeeping
unit may be permitted in a tourist establishment for every 675 square metres of lot area.
(c) Frontage on Provincial or Muskoka Roads - Where road frontage abuts a Provincial Highway
or Class A Muskoka Road, the minimum required road frontage is 150 metres, or where road
frontage abuts a Class B Muskoka Road, the minimum required road frontage is 135 metres.
(d) Established Building Line - A building or structure may be erected or altered to conform to a
setback at the established building line.
(e) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(f) Increased Side Yard - Where a side lot line abuts any residential planning permit area, the
minimum side yard requirement is 9 metres.
Community Planning Permit By-law 2021-111
142
(g) Buffers - A minimum buffer of one-half of the required side or rear yard setback shall be
provided along a side or rear lot line of a commercial planning permit area where it abuts a
residential planning permit area.
(h) Buffers - A buffer of at least 6 metres in depth, along 75% of the road frontage is required.
(i) Buffers - A Shoreline Buffer of at least 15 metres in depth along 50% of the shoreline is
required.
(j) Accessory Outdoor Storage - Accessory outdoor storage is not permitted except in the rear
yard where it is not located adjacent to the shoreline yard.
(k) Abutting Commercial Uses - Where two commercial uses abut each other, the minimum side
yard is "0".
(l) Road Frontage - Frontage on a year-round maintained public road is required.
Community Planning Permit By-law 2021-111
143
4.4.7 SETTLEMENT LIMITED COMMERCIAL
4.4.7.1 In a Settlement Limited Commercial Planning 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.
4.4.7.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Artisan's Studio
Convenience Store
Craftsman Establishment
Duplicating Establishment
Dwelling(a)
Personal Service Establishment
Short-term Rental (b)
(a) Existing Uses - The use indicated shall only be permitted where such use existed at the date
of passage of this By-law.
(b) A short-term rental shall only be permitted provided it is located in an existing principal
dwelling.
4.4.7.2.1
Municipal Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
800 m2
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
20 m (c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
20 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (i)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(e)(d)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(e)
7.5 m(g)(j)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
3 m (f)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
144
EXTERIOR SIDE
YARD(e)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
35%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation
4.4.7.2.2
Private Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.8 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
60 m (c)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
60m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (i)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(e)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(e)
10 m (g)(j)
Up to 20%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
145
SIDE YARD
4.5 m (f)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(e)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
15%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation
(a) Housekeeping/Accommodation Units - A maximum of one accommodation or housekeeping
unit may be permitted in a tourist establishment for every 250 square metres of lot area.
Community Planning Permit By-law 2021-111
146
(b) Housekeeping/Accommodation Units - A maximum of one accommodation or housekeeping
unit may be permitted in a tourist establishment for every 675 square metres of lot area.
(c) Frontage on Provincial or Muskoka Roads - Where road frontage abuts a Provincial Highway
or Class A Muskoka Road, the minimum required road frontage is 150 metres, or where road
frontage abuts a Class B Muskoka Road, the minimum required road frontage is 135 metres.
(d) Established Building Line - A building or structure may be erected or altered to conform to a
setback at the established building line.
(e) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(f) Increased Side Yard - Where a side lot line abuts any residential planning permit area, the
minimum side yard requirement is 9 metres.
(g) Buffers - A minimum buffer of one-half of the required side or rear yard setback shall be
provided along a side or rear lot line of a commercial planning permit area where it abuts a
residential planning permit area.
(h) Buffers - A buffer of at least 6 metres in depth, along 75% of the road frontage is required.
(i) Buffers - A Shoreline Buffer of at least 15 metres in depth along 50% of the shoreline is
required.
(j) Accessory Outdoor Storage - Accessory outdoor storage is not permitted except in the rear
yard where it is not located adjacent to the shoreline yard.
(k) Abutting Commercial Uses - Where two commercial uses abut each other, the minimum side
yard is "0".
(l) Road Frontage - Frontage on a year-round maintained public road is required.
Community Planning Permit By-law 2021-111
147
4.4.8 SETTLEMENT INDUSTRIAL
4.4.8.1 In a Settlement Industrial Planning 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.
4.4.8.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Cannabis Production Facility
Contractor's Establishment
Custom Workshop
Dwelling
Small Scale Manufacturing
Movable Food Outlet
Outdoor storage accessory to permitted use, only in rear of building and buffered from view
Parking Lot
Sawmill (a)
Service and Repair
Storage Establishment
Transfer Station
Transportation Terminal
Utilities
Warehouse
Wholesaling
(a) Existing Uses - The use indicated shall only be permitted where such use existed at the
date of passage of this By-law.
4.4.8.2.1
Municipal Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
2000 m2
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
30 m (a)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (e)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(b)
10 m (g)
Up to 20%
Any Amount Over
Community Planning Permit By-law 2021-111
148
Permitted Staff
Variation
REAR YARD(b)
10 m (d)(f)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
4.5 m (c)(d)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(b)
10 m (g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
35%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation
4.4.8.2.2
Private Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.8 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
60 m (a)
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m
Up to 10%
Any Amount Over
Permitted Staff
Community Planning Permit By-law 2021-111
149
Variation
SHORELINE YARD
20 m (e)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(b)
10 m (g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(b)
10 m (d)(f)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
4.5 m (c)(d)(g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(b)
10 m (g)
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
15%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 m -
120 m
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation (subject to
boat impact
assessment)
(a) Road Frontage - Where road frontage abuts a Provincial Highway or Class A Muskoka
Road, the minimum required frontage is 150 metres, or where road frontage abuts a Class B
Muskoka Road, the minimum required road frontage is 135 metres.
(b) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
(c) Side Yard - Where a side lot line abuts any residential planning permit area, the minimum
Community Planning Permit By-law 2021-111
150
side yard requirement is 15 metres.
(d) Buffers - A minimum buffer of one-half of the required side or rear yard setback shall be
provided along a side or rear lot line of an industrial planning permit area where it abuts a
residential planning permit area or a road.
(e) Shoreline Buffer - A Shoreline Buffer is required along 75% of the shoreline of the lot.
(f) Outdoor Storage - Outdoor storage is not permitted except in the rear yard, where it is not
located adjacent to a shoreline yard.
(g) Parking Lots - The minimum setback requirements apply to parking lots.
Community Planning Permit By-law 2021-111
151
4.5 INSTITUTIONAL COMMUNITY PLANNING PERMIT AREA
4.5.1 INSTITUTIONAL GENERAL
4.5.1.1 In an Institutional General Planning 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.
4.5.1.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Arena
Cemetery
Club
Community Centre
Educational Institution
Hospital
Library
Long Term Care Facility
Museum
Place of Assembly
Public Administration Office
Retirement Home
4.5.1.3 Provisions applying to all lots are as listed in the following charts:
4.5.1.3.1
Municipal Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.4 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
30 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m
Up to 10%
Any Amount Over
Permitted Staff
Community Planning Permit By-law 2021-111
152
Variation
FRONT YARD(c)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(c)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
4.5 m (b)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(c)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
30%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation (subject to
boat impact
assessment)
4.5.1.3.2
Private Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.8 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
153
ROAD FRONTAGE
(PUBLIC ROAD)
60 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
60m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(c)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(c)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
4.5 m (b)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(c)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
30 %
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation (subject to
boat impact
assessment)
(a) Buffers - 4.5 m with a 2.5 m buffer where the institutional planning permit area abuts a
residential planning permit area.
Community Planning Permit By-law 2021-111
154
(b) Buffers - 6 metres with a 2.5 metre buffer where the institutional planning permit area abuts
a residential planning permit area
(c) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
Community Planning Permit By-law 2021-111
155
4.5.2 INSTITUTIONAL LIMITED
4.5.2.1 In an Institutional Limited Planning 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.
4.5.2.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Day Nursery
Group Home
Health Care Clinic
Post Office
Religious Institution
4.5.2.3 Provisions applying to all lots are as listed in the following charts:
4.5.2.3.1
Municipal Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
1600 m²
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
30 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
30 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(c)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(c)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
2.5 m (a)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(c)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
156
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
30%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation (subject to
boat impact
assessment)
4.5.2.3.2
Private Services
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.4 ha
Up to 5%
Any Amount Over
Permitted Staff
Variation
ROAD FRONTAGE
(PUBLIC ROAD)
60 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
60 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(c)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Community Planning Permit By-law 2021-111
157
Variation
REAR YARD(c)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
2.5 m (a)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(c)
7.5 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
11 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
30%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
BETWEEN 20 M -
120 M
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(INCLUDING ALL
LANDS > 120 M
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation (subject to
boat impact
assessment)
(a) Buffers - 4.5 m with a 2.5 m buffer where the institutional planning permit area abuts a
residential planning permit area.
Community Planning Permit By-law 2021-111
158
(b) Buffers - 6 metres with a 2.5 metre buffer where the institutional planning permit area abuts
a residential planning permit area
(c) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
Community Planning Permit By-law 2021-111
159
4.6 OPEN SPACE COMMUNITY PLANNING PERMIT AREA
All development and site alteration in Waterfront Planning Permit Areas on waterbodies listed in
Schedule E2 of the Muskoka District Official Plan require issuance of a conditional Planning
Permit unless it constitutes an activity exempted by sections 2.14.1. In addition to any other
conditions which may apply, all such applications for Planning Permits shall be required to
submit a Muskoka District Lake System Health Standard or Enhanced Protections Policy
Compliance Analysis prior to the issuance of a Planning Permit as a requirement of a
Provisional Approval.
4.6.1 OPEN SPACE
4.6.1.1 In an Open Space Planning 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.
4.6.1.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Cemetery
Community Gardens
Conservation
Public Access Point
Public Park
4.6.1.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
Dock
Interpretive Centre
Nordic Ski Facility
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
4.6.1.4 Provisions applying to all lots are as listed in the following charts:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
0.4 ha for
Commercial Open
Space
Up to 5%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
160
N/A for Public Open
Space
ROAD FRONTAGE
(PUBLIC ROAD)
30 m (a) for
Commercial Open
Space
N/A for Public Open
Space
Up to 10%
Any Amount Over
Permitted Staff
Variation
WATER FRONTAGE
60 m for Commercial
Open Space
N/A for Public Open
Space
Up to 5%
Any Amount Over
Permitted Staff
Variation
SHORELINE YARD
20 m (b)
Up to 10%
Any Amount Over
Permitted Staff
Variation
FRONT YARD(f)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
REAR YARD(f)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
SIDE YARD
10 m (c)
Up to 20%
Any Amount Over
Permitted Staff
Variation
EXTERIOR SIDE
YARD(f)
10 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
11 m (d)
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT
(SHORELINE
ACCESSORY)
5.6 m
Up to 5%
Any Amount Over
Permitted Staff
Variation
HEIGHT (OTHER
ACCESSORY)
8.8 m
Up to 20%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
5%
Up to 10%
Any Amount Over
Permitted Staff
Variation
SHORELINE
ACTIVITY AREA
COVERAGE
50%
Up to 5%
Any Amount Over
Permitted Staff
Variation
LOT COVERAGE
(BETWEEN 20M -
120M)
30% of this area
Up to 5%
Any Amount Over
Permitted Staff
Variation
Community Planning Permit By-law 2021-111
161
LOT COVERAGE
(INCLUDING ALL
LANDS >120M)
FROM SHORELINE)
10%
Up to 5%
Any Amount Over
Permitted Staff
Variation
# DOCKING
SPACES
14
Less than 50%
Any Amount Over
Permitted Staff
Variation (subject to
boat impact
assessment)
(a) Road Frontage - Where road frontage abuts a Provincial Highway or Class A Muskoka
Road, the minimum required frontage is 150 metres, or where road frontage abuts a Class B
Muskoka Road, the minimum required road frontage is 135 metres.
Community Planning Permit By-law 2021-111
162
(b) Shoreline Yard - 30 metres where abutting fish habitat or an Environmental Protection
planning permit area
(c) Side Yard Buffer - A buffer of 4.5 m in depth is required along the side lot line of the lot.
(d) Accessory Structure Height - The maximum height for shoreline structures is 4.2 metres
(e) Shoreline Buffer - A Shoreline Buffer of at least 15 metres in depth is required along 75% of
the shoreline of the lot.
(f) Provincial Highways and Muskoka Roads - An additional 4.5 metre setback is required from
a Muskoka Road and an additional 9 metre setback is required from a provincial highway.
Community Planning Permit By-law 2021-111
163
4.7 ENVIRONMENTAL PROTECTION PLANNING PERMIT
AREA
All development and site alteration in Waterfront Planning Permit Areas on waterbodies listed in
Schedule E2 of the Muskoka District Official Plan require issuance of a conditional Planning
Permit unless it constitutes an activity exempted by sections 2.14.1. In addition to any other
conditions which may apply, all such applications for Planning Permits shall be required to
submit a Muskoka District Lake System Health Standard or Enhanced Protections Policy
Compliance Analysis prior to the issuance of a Planning Permit as a requirement of a
Provisional Approval.
4.7.1 ENVIRONMENTAL PROTECTION
4.7.1 In an Environmental Protection Planning 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.
4.7.1.2 Permitted uses are as listed in the following chart:
PERMITTED USES, BUILDINGS, AND STRUCTURES
Conservation
Existing Dock (a)
Forestry Operation
Short-term Rental (b)
(a) The use indicated shall only be permitted where such use existed at the date of passage of
this By-law.
(b) A short-term rental shall only be permitted provided it is located in an existing principal
dwelling.
4.7.1.3 Discretionary uses are as listed in the following chart:
DISCRETIONARY USES, BUILDINGS, AND STRUCTURES (a)
New Dock (b)
Structures intended to facilitate passive recreational uses such as boardwalks
(a) Provided that the criteria established in Section 2.16 (Criteria for Discretionary Uses) for
such uses have been satisfied.
(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
Community Planning Permit By-law 2021-111
164
4.7.1.4 Provisions applying to all lots are outlined in the following chart:
MINIMUM
REQUIREMENTS
STANDARD
CLASS ONE -
STAFF VARIATION
CLASS TWO -
COUNCIL
VARIATION
LOT AREA
None
None
None
ROAD FRONTAGE
(PUBLIC ROAD)
None
None
None
WATER FRONTAGE
None
None
None
SHORELINE YARD
None
None
None
FRONT YARD(f)
None
None
None
REAR YARD(f)
None
None
None
SIDE YARD
None
None
None
EXTERIOR SIDE
YARD(f)
None
None
None
MAXIMUM
REQUIREMENTS
HEIGHT
(PRINCIPAL)
None
None
None
HEIGHT
(SHORELINE
ACCESSORY)
None
None
None
HEIGHT (OTHER
ACCESSORY)
None
None
None
LOT COVERAGE
None
None
None
SHORELINE
ACTIVITY AREA
COVERAGE
None
None
None
LOT COVERAGE
(BETWEEN 20M -
120M)
None
None
None
LOT COVERAGE
(INCLUDING ALL
LANDS >120M
FROM SHORELINE)
None
None
None
# DOCKING
SPACES
None
None
None
Community Planning Permit By-law 2021-111
165
5
DEFINITIONS
ABUTTING and ABUTS 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.
ADJACENT Means for the purposes of lands adjacent to a natural heritage feature or area
those lands contiguous to a specific natural heritage feature or area where it is likely that
development or site alteration would have a negative impact on the feature or area. The extent
of the adjacent lands may be recommended by the Province.
ADULT ENTERTAINMENT PARLOUR Means any premise or part thereof in which is provided,
in pursuance of a trade, calling, business, or occupation, services designed to appeal to the
erotic or sexual appetites or inclinations; of which a principal feature or characteristic is the
nudity or partial nudity of any person, or in respect of the word "nude", "naked," "topless,"
"bottomless," "sexy," or any other word or picture, symbol or representation having the meaning
implication is used in any advertisement.
AGRICULTURAL USES Means the growing of crops, including nursery, biomass, and
horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including
poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated
on-farm buildings and structures, including, but not limited to livestock facilities, manure
storages, value-retaining facilities, and accommodation for full-time farm labour when the size
and nature of the operation requires additional employment. (PPS, 2020)
AGRICULTURE-RELATED USES Means farm-related commercial and farm-related industrial
uses that are directly related to farm operations in the area, support agriculture, benefit from
being in close proximity to farm operations, and provide direct products and/or services to farm
operations as a primary activity. (PPS, 2020)
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.
ANIMAL HOSPITAL Means a premises where animals are given medical or surgical treatment,
within which there may be shelter facilities provided for overnight or long-term medical treatment
and may include accessory boarding facilities, but does not include a boarding kennel.
Community Planning Permit By-law 2021-111
166
AREAS OF NATURAL AND SCIENTIFIC INTEREST (ANSI) Means areas of land and water
containing natural landscapes or features that have been identified as having life science or
earth science values related to protection, scientific study, or education. (PPS, 2020)
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.
ATTACHED Means joined, fastened or connected to an adjacent structure, building or land.
AUTOMOBILE SERVICE STATION Means lands, buildings, and premises where gasoline, oil,
grease, and automobile accessories may be supplied and dispensed at retail and where the
sales of drinks, packaged foods, and similar convenience goods for customers, as accessory
and incidental to the principle operation, may occur.
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.
BAKERY Means the use of a building or part of a building for the preparation of baked goods, in
which flour or meal is the principal ingredient, including breads, cakes, buns or donuts. A bakery
may include a bakeshop or restaurant.
BAKESHOP Means a retail store where the products of a bakery are offered for sale, and shall
include only incidental baking of products for sale on the premises. A bakeshop does not
include any use otherwise defined in this By-law.
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 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
Community Planning Permit By-law 2021-111
167
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 off-road vehicles, and may include the sale of fuel or goods related to the
running of such boats or vehicles.
BOATHOUSE Means an accessory building, which contains a boatslip, used for the purpose of
berthing or sheltering and storing boats and related equipment (but is prohibited from being
used for human habitation, containing plumbing, plumbing fixtures, fridge, stove, or other
cooking preparation) 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. A
boathouse does not include a marine storage building.
BOATPORT Means an accessory structure, which contains a boatslip, used for the purpose of
berthing or sheltering and storing boats and related equipment, but is prohibited from being
used for human habitation, containing plumbing, plumbing fixtures, fridge, stove, or other
cooking preparation 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. A boatport does not
include a marine storage building.
BOATSLIP Means an area of water between piers or wharves.
BREEZEWAY Means an architectural feature, similar to a hallway, that allows the passage of a
breeze between structures and can be a simple roof connecting two structures or more
substantial. It may refer to a hallway between two wings of a larger structure, such as between a
house and a garage, that lacks heating and cooling but allows sheltered passage.
BREWERY Means a building used primarily for the manufacturing, processing and distribution
of beer or cider.
BUFFER Means a portion of a lot where vegetation is maintained in its natural state or
vegetation is planted, 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
state for the purpose of protecting natural habitat and minimizing the visual impact of buildings
and structures on a lot. Within this buffer only meandering natural pathways or access points to
the shoreline that are constructed of permeable material, selective pruning of trees for viewing
purposes or the removal of trees for safety reasons may be permitted.
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.
Community Planning Permit By-law 2021-111
168
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.
BUILDING SUPPLY ESTABLISHMENT Means the use of land, buildings or structures for the
display, storage and sale of building, construction or home improvement goods, merchandise,
equipment, and supplies.
BULK FUEL DEPOT Means the use of lands, buildings, or structures for the purpose of the
storage and distribution of fuels and oils, but does not include retail sales or key lock operations.
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.
CANNABIS PRODUCTION FACILITY Means a lot, building or structure used for cultivation,
producing, processing, testing, destroying, packaging, and shipping of cannabis authorized by a
license issued by the Federal Minister of Health, pursuant to the Cannabis Act (S.C. 2018, c.
16), under the Controlled Drugs and Substances Act.
CANNABIS PRODUCTION FACILITY, MEDICAL Means a lot, building or structure used for
cultivation, processing, testing, destroying, packaging, and shipping of Medical Cannabis
authorized by a license issued by the Federal Minister of Health, pursuant to the, Access to
Cannabis for Medical Purposes Regulations (ACMPR) under the Controlled Drugs and
Substances Act.
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.
CHILD CARE CENTRE Means an establishment operated by a person that is licensed in
accordance with the Child Care and Early Years Act.
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 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.
COMMERCIAL DOCK Means a dock used or rented for commercial purposes only.
COMMERCIAL GREENHOUSE OR NURSERY Means a building, lands or structure used for
the growing of flowers, fruits, vegetables, plants, shrubs, trees and/or similar vegetation which is
sold directly from the premises at retail.
Community Planning Permit By-law 2021-111
169
COMMUNITY CENTRE means a multi-purpose facility operated by or on behalf of the
municipality that provides facilities for a variety of indoor recreational, cultural, or community
service activities for use by the general public.
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 YARD OR 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.
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.
DAY NURSERY Means a premises where more than 5 children are provided with temporary
care and/or guidance for a continuous period not exceeding 24 hours and are licensed in
accordance with the Day Nurseries Act.
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 on
water;
b) the making of an addition or alteration to a building or structure that has the effect of
increasing its size or usability;
c) the laying out and establishment of:
i. a commercial parking lot
ii. sites for the location of three or more mobile homes as defined in subsection 46 (1) of
the Planning Act
iii. sites for the construction, erection, or location of three or more land lease community
homes as defined in subsection 46 (1) of the Planning Act; or
Community Planning Permit By-law 2021-111
170
iv. sites for the location of three or more trailers as defined in subsection 164 (4) of the
Municipal Act, 2001;
d) site alteration, including but not limited to,
i. alteration of the grade of land, and
ii. placing or dumping fill; or
e) the removal of vegetation.
DISTILLERY Means an establishment licensed by the Province of Ontario used primarily for the
manufacturing, processing, and distribution of alcoholic spirits as a beverage and may include a
tasting room.
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.
DUPLICATING ESTABLISHMENT Means a retail store that provides duplicating services using
photocopying, blueprint, and offset printing equipment, including collating of booklets and
reports.
DWELLING Means a residential building designed for occupancy by one or more persons,
containing one kitchen and 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, CONVERTED Means a building designed and built as a detached dwelling that is
converted in order to contain a maximum of 3 dwelling units.
DWELLING, DETACHED Means a separate residential building containing only one dwelling
unit.
DWELLING, DUPLEX Means a dwelling divided horizontally into 2 dwelling units.
DWELLING, MULTIPLE Means a dwelling containing 3 or more dwelling units, but shall not
include a rowhouse dwelling.
DWELLING, ROWHOUSE Means a dwelling divided vertically into at least 3, but not more than
8 dwelling units each separated by a common wall. An exterior rowhouse unit has only one
common wall dividing it from another dwelling unit.
DWELLING, SEMI-DETACHED Means a dwelling divided vertically to provide 2 dwelling units
separated by a common wall.
DWELLING, TRI-PLEX Means a dwelling divided horizontally into 3 dwelling units.
Community Planning Permit By-law 2021-111
171
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, one kitchen, 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.
DWELLING UNIT, ADDITIONAL Means a separate year-round, self-contained unit in a
detached dwelling, semi-detached dwelling, row house dwelling and/or within appropriate
accessory structures that add to the supply of housing and affordable housing for the
community. Additional Dwelling Units (ADUs) are self-contained units that contain bathroom and
Community Planning Permit By-law 2021-111
172
kitchen facilities, and which are subsidiary to a principal dwelling unit. It may be located in the
same building as its principal dwelling and/or within a building or structure accessory to the
dwelling unit.
EATING ESTABLISHMENT Means premises where food or beverages are prepared and
offered for sale to patrons for immediate consumption on the premises while they are seated,
and which may include an incidental take-out service.
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.
EQUIPMENT STORAGE BUILDING Means a building used for the purpose of equipment
storage and is exclusive of outdoor storage on the same lot.
ERECT Means to build, construct, reconstruct, or relocate and without limiting the generality of
the foregoing, also includes: a) any preliminary physical operation, such as any excavating,
filling, or draining; b) altering any existing building or structure by an addition, enlargement,
extension, or other structural change; or c) any work that requires a building permit under The
Ontario Building Code.
ESSENTIAL EMERGENCY SERVICE Means services which would be impaired during an
emergency as a result of flooding, the failure of floodproofing measures and/or protection works,
and/or erosion.
EXISTING Means legally existing, being a reality or an actuality as of November 26, 1996.
EXISTING LOT Means a lot that existed as of the date of the passing of this By-law.
FARM Means the use of land for the growing of crops, including nursery and horticultural crops,
berry crops, maple syrup production; the raising of animals, poultry, bees; the selling of such
produce on the premises and buildings incidental to the operation such as a barn or silo and a
detached dwelling, but does not include an abattoir. A farm does not include a specialized farm
or intensive farm or kennel.
FARM, HOBBY Means a farm operated primarily for the benefit of the occupants or for
recreational purposes and shall be limited to the keeping of not more than 5 animals excluding
household pets. A hobby farm does not mean a specialized or intensive farm or kennel.
FARM IMPLEMENT SALES OUTLET Means the use of land, buildings or structures for the
sale, storage or repair of equipment and machinery directly associated with the operation of a
farm.
FARM, INTENSIVE Means the use of land, buildings, or structures for the practice of intensive
horticulture or confinement rearing of livestock, poultry or fur bearing animals and includes: a)
the housing of livestock and associated manure facilities for more than 75 livestock units or 0.5
livestock units per 0.4 tillable hectares; b) the growing of mushrooms, or similar produce that
may produce a negative environmental effect; or c) a feedlot.
Community Planning Permit By-law 2021-111
173
FARM, SPECIALIZED Means the use of land for the production of specialty crops or farming of
a specialized nature such as aquaculture, raising of game or exotic birds, raising of fur bearing
animals, game farms, raising of exotic species; and buildings incidental to the operation such as
a barn, silo, or a detached dwelling, but does not include an abattoir. A specialized farm does
not include an intensive farm or kennel.
FILL Means the placement of sand, gravel, earth, or other materials of any composition
whatsoever on lands, or in water or wetlands, for the purpose of altering the grade of lands, to
raise the elevation of land above surface waters, constructing wharves, stabilizing the shoreline,
riveting, or constructing works, building beaches, or constructing foundations for boathouses or
other structures.
FINANCIAL ESTABLISHMENT Means the use of a building or part of a building for the
provision of financial services, where money is deposited, kept, lent, or exchanged. A financial
institution includes a bank, trust company, credit union, finance and loan company, investment
and security company, mortgage company, or other similar service.
FISH HABITAT Means, as defined in the Fisheries Act, spawning grounds and any other areas,
including nursery, rearing, food supply, and migration areas on which fish depend directly or
indirectly in order to carry out their life processes.
FISHING OR HUNTING SUPPLY RETAIL STORE Means a retail premises catering solely to
the supply of hunting and fishing related merchandise and the incidental and accessory service
and repair of hunting and fishing goods.
FLOOD-PROOFING STANDARD Means the combination of measures incorporated into the
basic design and/or construction of buildings, structures, or properties to reduce or eliminate
flooding hazards, wave uprush and other water-related hazards along the shorelines of the
Great Lakes - St. Lawrence River System and large inland lakes, and flooding hazards along
river, stream, and small inland lake systems.
FLOOR AREA Means the total habitable floor area of a single storey contained within the
interior 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. For uncovered decks, floor area shall mean to the
total horizontal surface area of the deck.
FLOOR AREA, GROSS Means the sum total of all habitable floor areas on a lot.
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.
Community Planning Permit By-law 2021-111
174
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.
FUNERAL HOME Means the use of a building for the provision of human funeral services and
related supplies, and includes facilities for the preparation of the dead human body for interment
or cremation, rooms for the assembly of attendees of funerals, a business office, and an
accessory dwelling unit, but may not include a cemetery.
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.
GARDEN SUITE Means individual, temporary and self-contained residential units that are
accessory to a primary residential dwelling, located within a separate building and designed to
be portable. Garden suites offer an alternative, non-profit, living arrangement designed to meet
the housing needs of elderly parents, handicapped family members or other individuals who
may require some support from the occupants of the primary dwelling.
GAZEBO Means an accessory freestanding roofed structure with open or screened walls
enclosing a single area used for the purpose of relaxation.
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.
Community Planning Permit By-law 2021-111
175
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 average elevation of the finished ground level adjoining the
lowest wall of a building. Localized depressions not exceeding 3 metres in length along the
exterior wall of a building need not be considered in the determination of average levels of
finished.
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. Localized depressions not exceeding
3 metres in length along the exterior wall of a building need not be considered in the
determination of average levels of finished.
GREEN INFRASTRUCTURE Means natural and humanmade elements that provide ecological
and hydrological functions and processes. Green infrastructure can include components such
as natural heritage features and systems, parklands, stormwater management systems, street
trees, urban forests, natural channels, permeable surfaces, and green roofs. (PPS, 2020)
GROUND WATER FEATURE Means water-related features in the earth's subsurface, including
recharge/discharge areas, water tables, aquifers and unsaturated zones that can be defined by
surface and subsurface hydrogeologic investigations.
GROUP HOME Means a premises used to provide supervised living accommodation, licensed,
or funded under Province of Ontario or Government of Canada legislation, for three to six
persons, exclusive of staff, living together in a single housekeeping unit because they require a
group living arrangement.
HABITABLE Means designed for living, sleeping, eating or food preparation by humans.
HAZARDOUS SUBSTANCES Means substances which, individually, or in combination with
other substances, are normally considered to pose a danger to public health, safety, and the
environment. These substances generally include a wide array of materials that are toxic,
ignitable, corrosive, reactive, radioactive, or pathological.
HEALTH CARE CLINIC Means the use of a building for human health care, such as medical,
dental, therapeutic, chiropractic or similar consultation, diagnosis, and treatment by one or more
practitioners and which may include ancillary uses such as administration offices, laboratories,
or dispensaries. A clinic does not include accommodation for in-patient care or facilities for
major surgical practice.
HEIGHT Means the vertical distance between the lowest finished grade or original grade,
whichever grade is lower, or the ordinary water level, at the exterior of the building to the highest
point of a flat roof, excluding guides, or the highest roof line or ridge on a pitched roof. In the
case of an A-framed structure, the building height is 75% of the height of the ridge.
Community Planning Permit By-law 2021-111
176
HENS, BACKYARD Means the accessory use if land or a structure used to raise hens
(excluding roosters) located within the rear yard in a screened and rodent/predator proof
enclosure that is no closer than 4.5 metres from any side lot line and outside of the permitted
minimum rear yard setback. The hens must be maintained in accordance with good animal
husbandry practices as defined by the Ministry of Food, Agriculture, and Rural Affairs and the
Canadian Food Inspection Agency. The hens and eggs shall be for domestic use only and may
be sold in accordance with Home Based Business provisions.
HOME-BASED BUSINESS Means any occupation or business that is carried on as a use
accessory to the residential use of a dwelling unit and is conducted in accordance with the
provisions of this By-law.
HOME CHILD CARE Means "home child care" as defined and regulated by the Child Care and
Early Years Act, as amended, or replaced and which is not a child care centre.
HOSPITAL Means an institution, building or other premises established for the treatment of
persons afflicted with or suffering from disease, sickness, or injury, or for the treatment of
convalescent or chronically ill persons and that is licensed or regulated under Provincial Statute.
HOTEL means a facility offering transient lodging accommodations on a daily rate to the general
public and providing additional services, such as restaurants, meeting rooms and recreational
facilities but not including motels, tourist cabins, or tourist or trailer camps.
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 used for temporary or seasonal sleeping accommodations
for recreational activities such as hunting, in a remote location where municipal or community
services are usually not available. A hunt camp does not include a permanent or seasonal
dwelling unit, an Additional Dwelling Unit, 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 and is secured through ownership or a registered right of way.
Community Planning Permit By-law 2021-111
177
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.
INSTITUTIONAL USE For the purposes of policy 3.1.7, means land uses where there is a threat
to the safe evacuation of vulnerable populations such as older persons, persons with
disabilities, and those who are sick or young, during an emergency as a result of flooding,
failure of floodproofing measures or protection works, or erosion.
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 more
than four (4) and less than twenty one (21) 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. Kennels do not
include facilities for the raising, keeping, boarding, breeding, and care of puppies up to 3 months
old.
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, including a stove and sink.
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 or a maximum width of 2.5 m, whichever is less.
LANDSCAPED OPEN SPACE Means an open, unobstructed space on a lot, located at grade
which is dedicated to the growth and maintenance of trees, shrubs, grass, flowers, decorative
paving, and other landscape features and may include patios and walkways, but does not
include any driveway, ramp, at grade recreational uses, boat ramp or parking area, whether
surfaced or not, or any open space beneath a building or structure. A walkway shall not be used
as a driveway or parking area. Landscaped open space includes mulched areas, flagstone
patios, and does not contribute to shoreline activity area coverage.
LAUNDROMAT Means the use of a building or part of a building where the public may, for a
fee, clean or dry articles or goods or fabric, using machines.
LAUNDRY Means the use of a building or part of a building, for the commercial cleaning and
drying of articles, goods, or fabric.
LEACHING BED Means a leaching bed as defined in the Ontario Building Code, as amended.
Community Planning Permit By-law 2021-111
178
LIBRARY Means a building containing printed, electronic, and pictorial material for public use
for the purposes of study, reference, or recreation.
LIGHT EQUIPMENT RENTAL ESTABLISHMENT Means a premises in which light machinery,
equipment and tools are offered or kept for rent, lease or hire under agreement for
compensation.
LIGHT EQUIPMENT REPAIR SHOP Means a premises in which light machinery, equipment
and tools are repaired under agreement for compensation.
LIVESTOCK UNIT Means the equivalent values for various types of animals and poultry based
upon manure production and production cycles, as set out in the Provincial Minimum Distance
Separation Formulae.
LOADING SPACE Means a space or bay located on a lot which is used, or intended to be used,
for the temporary parking of a commercial motor vehicle while loading or unloading
merchandise or materials, used in connection with the principal use of the lot and which has an
unobstructed access to a road.
LONG TERM CARE FACILITY Means an institution, building or premises, other than a hospital,
in which accommodation, meals, nursing, and medical or similar care and treatment is provided
on a long term basis and the operation of which is licensed or regulated under Provincial
Statute.
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.
Community Planning Permit By-law 2021-111
179
LOT AREA Means the total horizontal area within the lot lines of a lot located above the ordinary
water's edge.
LOT COVERAGE Means the footprint 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.
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 or the lot line abutting the road from which access is primarily
gained; 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.
Community Planning Permit By-law 2021-111
180
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.
MAINTENANCE GARAGE, ACCESSORY Means a premises where vehicles owned or leased
by the occupant of the same premises are repaired or maintained, and is an accessory use to
the main use on the property.
MANUFACTURING Means the use of land, buildings, or structures for the purpose of
manufacturing, assembling, making, preparing, inspecting, finishing, treating, altering, repairing,
warehousing, or storing or adapting for sale, any goods, substance, article, or thing.
MANUFACTURING, SMALL-SCALE Means a manufacturing use which is wholly enclosed
within a building except for parking and loading facilities, and accessory outdoor storage, and
which in its operation does not ordinarily result in the emission form the building of odours,
fumes, noise, cinder, vibration, heat, glare, or electrical interference and generally occupy small
parcels of land not serviced by municipal water or sewers.
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.
MARINE SALES, RENTAL AND SERVICE ESTABLISHMENT Means a premises where boats,
marine watercraft and boat accessories are stored, serviced, repaired, or kept for sale or rental.
MARINE SERVICE SHOP Means a premises where boats, marine watercraft and boat
accessories serviced or repaired.
MARKET PLACE Means the use of land, buildings, or structures where individual vendors
operate from stalls, booths, or other defined areas to display and offer produce or wares for
sale.
MINIATURE (or MINI) 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.
MINIMUM DISTANCE SEPARATION FORMULAE Means formulae and guidelines developed
by the Province, as amended from time to time, to separate uses so as to reduce incompatibility
concerns about odour from livestock facilities. (PPS, 2020)
MOBILE HOME Means any residential structure that is designed to be mobile and is
constructed or manufactured in accordance with the Ontario Building Code as amended, to
provide a permanent residence, but does not include a recreational trailer.
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.
Community Planning Permit By-law 2021-111
181
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.
MOTOR VEHICLE REPAIR SHOP OR ESTABLISHMENT Means the use of land, buildings or
structures for the commercial servicing or repair of motor vehicles and may include body repair,
repainting, tire repair and installation, installation of exhaust or electrical systems, rust-proofing
or similar uses. A towing service or motor vehicle service station may be permitted in
conjunction with a motor vehicle repair establishment.
MOTOR VEHICLE SALES OR RENTAL ESTABLISHMENT Means the use of land, buildings or
structures for the commercial display and sale, rental or leasing of motor vehicles and may
include the repair or servicing of motor vehicles or the sale of automotive accessories and
related product. A motor vehicle sales establishment does not include any use otherwise
defined in this By-law.
MOTOR VEHICLE SERVICE STATION Means the use of buildings or structures for the sale of
fuel and goods, or parts or service related to the running operation of motor vehicles and may
include a convenience store or the selling of refreshments to the travelling public. A motor
vehicle service station does not include any use otherwise defined in this By-law.
MOTOR VEHICLE WASHING ESTABLISHMENT Means the use of land, buildings or structures
for the washing and cleaning of motor vehicles and may include a mechanical or coin-operated
washing establishment. A motor vehicle washing establishment does not include any use
otherwise defined in this By-law.
MOVABLE FOOD OUTLET Means a trailer, vehicle, cart, tent or other mobile or temporary
shelter from which food is prepared and offered for sale for consumption outside. A movable
food outlet may only be permitted in accordance with the Township's licensing by-law.
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 FEATURE AND AREAS Means features and areas, including wetlands,
watercourse, fish habitat, significant woodlands and significant valleylands, habitat of
endangered species and threatened species, significant wildlife habitat, and significant areas of
natural and scientific interest, which are important for their environmental and social values as a
legacy of the natural landscapes of an area. These may, but are not necessarily, identified on
Schedule B 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.
Community Planning Permit By-law 2021-111
182
NEGATIVE IMPACT Means: a) regarding individual on-site water services and partial services,
degradation to the quality and quantity of water, sensitive surface water features and sensitive
ground water features, and their related hydrologic functions, due to single, multiple, or
successive development. Negative impacts should be assessed through environmental studies
including hydrogeological or water quality impact assessments, in accordance with provincial
standards; b) regarding water, degradation to the quality and quantity of water, sensitive surface
water features and sensitive ground water features, and their related hydrologic functions, due
to single, multiple or successive development or site alteration activities; c) regarding fish
habitat, any permanent alteration to, or destruction of fish habitat, except where, in conjunction
with the appropriate authorities, it has been authorized under the Fisheries Act; d) regarding
other natural heritage features and areas, degradation that threatens the health and integrity of
the natural features or ecological functions for which an area is identified due to single, multiple
or successive development or site alteration activities; e) regarding impacts to adjoining
properties, outcomes of development which cause non-construction-related nuisance such as
dust, noise, odour; or deleterious visual impacts.
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.
OFFICE, ACCESSORY Means a use of a building or part of a building for the practice of a
profession or carrying on of a business which is subordinate, incidental, and exclusively devoted
to the principal use, building or structure and is located on the same lot.
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.
ON-FARM DIVERSIFIED USES Means uses that are secondary to the principal agricultural use
of the property, and are limited in area. On-farm diversified uses include, but are not limited to,
home occupations, home industries, agri-tourism uses, and uses that produce value-added
agricultural products. Ground-mounted solar facilities are permitted in prime agricultural areas,
including specialty crop areas, only as on-farm diversified uses. (PPS, 2020)
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.
Community Planning Permit By-law 2021-111
183
OPERATOR Means the person or organization, in occupation or having charge, management or
control of a land use, premises, facility or occupation.
ORDINARY WATER LEVEL Means: a) where water levels are not managed by an MNRF
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 MNRF 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
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.
OUTDOOR STORAGE Means an area of land used in conjunction with a business located
within a building or structure on the same lot, for the storage of goods, equipment, and raw or
processed materials.
OUTFITTER Means a business dedicated to the provision of supplies and equipment to
facilitate outdoor adventure and recreation.
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.
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.
Community Planning Permit By-law 2021-111
184
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.
PATIO means a surfaced open space of land at grade, which is used as an outdoor living or
amenity area.
PERMEABLE PATHWAY Means a pathway constructed using a pervious surface material that
is capable of the infiltration of water.
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.
PERVIOUS SURFACE Means an uncovered area of land that is permeable and permits the
infiltration of water. For the purposes of this definition and without limiting the generality of the
foregoing, a pervious surface includes trees or shrubs, but does not include asphalt, concrete,
stone, interlocking brick or any other impermeable surface. A pervious surface excludes
anything that would be impervious to water infiltration, including but not limited to a rooftop,
sidewalk, paved roadway, flagstone path or patio, asphalt or concrete driveway or parking area.
PIT Means a place where unconsolidated gravel, stone, sand, earth, peat, clay, fill, mineral or
other material is being or has been removed 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.
PLACE OF ASSEMBLY Means the use of land, buildings, or structures for meetings for civic,
theatrical, musical, educational, political, or social purposes, and includes without limiting the
generality of the foregoing an auditorium, community centre, banquet hall, concert hall or similar
uses.
PLACE OF ENTERTAINMENT Means the use of buildings or structures to provide
entertainment for gain or profit such as a motion picture theatre, billiard or pool establishment,
bowling alley, dance hall, fitness centre, arcade, or similar activity for the enjoyment of the
general public.
PRINCIPAL BUILDING See "BUILDING, PRINCIPAL".
PRINCIPAL USE See "USE, PRINCIPAL".
PRINTING ESTABLISHMENT Means the use of a building, or part of a building, for the
production of printed goods for commercial purposes, or operations that print and or publish
goods. Without limiting the generality of the foregoing, a printing establishment may include
blueprinting, engraving, stereotyping, electro-typing, typesetting and a duplicating
Community Planning Permit By-law 2021-111
185
establishment.
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 Municipality 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 removed 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.
RECREATIONAL VEHICLE Means a motor vehicle used generally for recreation purposes such
as a snowmobile, or off-road vehicle, but does not include an automobile, truck, motorcycle,
trailer, or other vehicles otherwise defined in this By-law.
RECYCLING DEPOT Means the use of land, buildings, or structures where recyclable materials
are stored or processed for further use or transportation to another site.
RELIGIOUS INSTITUTION Means a building, structure or facility used by any religious
organization for public worship or other ecclesiastical functions and may include accessory
facilities located on site such as a rectory or manse, hall, parking area or daycare facility. A
religious institution does not include a building used solely as an office for administrative matters
or business.
RESORT Means a tourist establishment that provide accommodation throughout all or part of
the year and that has facilities for serving meals and furnishes equipment, supplies, or services
to persons in connection with angling, hunting, camping or other recreational purposes operated
under one management and which may provide facilities such as an office, restaurant, tavern,
place of assembly or entertainment, convenience store, docks, boatports, boathouses, or
recreational facilities.
Community Planning Permit By-law 2021-111
186
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.
RETAINING WALL Means a single vertical (straight or at an angle to the horizontal) constructed
wall of any material used for supporting soil laterally at steep slopes or as a landscape feature.
RETIREMENT HOME Means a building in which long term accommodation is provided primarily
for retired persons where each dwelling unit, living area or private bedroom has a separate
bathroom and entrance from a common hall or walkway, but where common facilities for the
preparation and consumption of food are provided and common lounges, recreation rooms, and
medical care facilities may also be provided.
REVEGETATION Means the planting or planting and regeneration of native vegetation in order
to restore a shoreline buffer or a roadside 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, PRIVATE Means a path or way, which affords vehicular access to more than one lot and
is not owned by a public authority.
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.
SAWMILL Means the use of land, buildings, or structures where timber is cut, sawed, planed, or
processed and may include land used for open storage of raw or finished lumber or other
associated wood products.
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 bylaw.
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.
Community Planning Permit By-law 2021-111
187
SEWAGE Means "sewage" as per Building Code, as amended.
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.
SHIPPING CONTAINER Means a freight container commonly or specifically designed for
transportation and storage of freight goods and materials for the purposes of moving goods and
materials. A shipping container shall include, but not be limited to, cargo containers, truck
trailers, and any prefabricated portable metal storage unit.
SHORE ROAD ALLOWANCE Means a 20 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. Where the lot does not extend on land to 20 metres,
the depth of the lot shall be the maximum projection on land.
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 shoreline activity area frontage permitted by the By-law by 20 m.
Where the lot does not extend on land to 20 metres the depth of the lot shall be used in the
calculation of shoreline activity area coverage by multiplying the maximum shoreline activity
area frontage by the depth of the lot (not to exceed 20m). 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 4.5 metres in
length, approximating the ordinary water's edge.
SHORT-TERM RENTAL Means a principal dwelling or any part thereof that operates or offers a
place of temporary residence, lodging or occupancy by way of concession, permit, lease,
Community Planning Permit By-law 2021-111
188
licence, rental agreement or similar arrangement for thirty (30) consecutive calendar days or
less with no on-site management throughout all or part of the year. Short-term rental uses shall
not mean or include a bed and breakfast establishment, institutional tourist establishment,
tourist establishment, tourist camping establishment, motel, resort, or similar commercial or
institutional use.
Short-term Rentals shall not be permitted to operate in a dwelling unit, secondary dwelling unit,
garden suite, secondary suite, accommodation unit, housekeeping unit, apartment, secondary
apartment, multiple dwelling, rowhouse dwelling, semi-detached dwelling, duplex dwelling, tri-
plex dwelling or boarding house.
SIGHT TRIANGLE Means any triangular space formed by the adjacent street lines of a lot and a
line drawn from a point in one street line to a point in the other street line, each such point being
the required setback from the point of intersection of the street lines, is considered a sight
triangle. Should the two street lines not intersect at a point, the point of intersection is deemed
to be the projection of the street and lines or the intersection of the tangents to the street lines.
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 (BUNKIE) Means an accessory residential building not attached to a
principal dwelling for the accommodation of persons, which contains a washroom but does not
contain a kitchen.
SOLID WASTE Means ashes, garbage, refuse, domestic waste, industrial waste, or municipal
refuse, divertible materials, recycling materials and such other wastes as are regulated under
Provincial Statute, but not including sewage.
STAFF HOUSING Means a building or portion of a building that shall be used to provide
accommodations for individuals employed on the property.
STEEP SLOPE Means a slope of more than 30%.
Community Planning Permit By-law 2021-111
189
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.
STOREY Means the portion of a building over 1.2 metres in height measured between any floor
level and the closer of the first ceiling or roof above it.
STRAIGHT LINE PROJECTION Means the straight-line extension or projection of a lot line.
STREET Means road.
STRUCTURE Means anything constructed or erected, the use of which requires location on or
in the ground or over water.
SURFACE WATER FEATURE Means water-related features on the earth's surface, including
headwaters, rivers, stream channels, inland lakes, seepage areas, recharge/discharge areas,
springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil
type, vegetation, or topographic characteristics.
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 COMMERCIAL RETAIL Means the use of a building for the retail sale or rental of
goods, wares, merchandise, substances, or articles catering primarily to the public who is
traveling or vacationing and engaged in leisure or recreation.
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.
TOWNSHIP STAFF Means staff of the Township authorized or delegated by Council to
administer this By-law.
TRANSFER STATION Means the use of land, buildings, or structures for the temporary storage
of solid waste including recyclable materials and the transferring of such waste from one vehicle
Community Planning Permit By-law 2021-111
190
to another for transportation to a waste management site.
TRANSPORTATION TERMINAL Means the use of land, buildings, or structures for the purpose
of storing, servicing, repairing, or loading trucks, transport trailers and/or buses, but does not
include a motor vehicle service station or a motor vehicle sales or rental establishment.
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.
VACANT LOT Means a lot where no structures or buildings have been lawfully erected.
VEGETATION Means healthy, woody vegetation, which measures at least 1 m in height.
VEGETATION REMOVAL Means the removal of healthy, woody vegetation of at least 1 m in
height, but does not include trimming, pruning and removal of such woody vegetation if it
presents a hazard to life or property.
VETERINARY CLINIC Means the use of buildings for the provision of services by a veterinary
surgeon for the consultation, diagnosis, or treatment of animals and may include ancillary
provision of pharmacies, dispensaries, or supplies, or boarding of animals.
WAREHOUSE Means a building or structure used for the purpose of the bulk storage of goods,
merchandise or materials and includes wholesale establishments.
WASTE means ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse,
and such other materials as are designated in the regulations of the Environmental Protection
Act.
WASTE MANAGEMENT SITE means a site and facilities to accommodate solid waste from one
or more municipality and includes one or more of the following activities or uses:
(a) landfilling activities;
(b) non-landfilling activities;
(c) a Fill Area and the Buffer Area of a property which has been or is suspected to have
been used for landfilling;
(d) any land upon, into or through which, or building or structure in which, waste is
deposited, disposed of, handled, stored, transferred, treated, or processed; and
(e) any operation carried out or machinery or equipment used in connection with the
depositing, disposal, handling, storage, transfer, treatment, or processing referred to in
clauses (a) to (d).
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. For greater clarity, watercourses
include cold water streams, cool water streams, warm water streams.
Community Planning Permit By-law 2021-111
191
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 only accessible by water, but which does not include vessel or vehicle sales or rental or
service, or the sale of fuel.
WAYSIDE PIT OR QUARRY Means a temporary pit or quarry opened and used by a public
authority solely for the purpose of a particular road project or contract of road construction.
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)" Planning 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.
WILDLIFE HABITAT Means areas where plants, animals and other organisms live, and find
adequate amounts of food, water, shelter, and space needed to sustain their populations.
Specific wildlife habitats of concern may include areas where species concentrate at a
vulnerable point in their annual or life cycle; and areas which are important to migratory or non-
migratory species. (PPS, 2020)
WINERY Means a building used primarily for the manufacturing, processing, and distribution of
wine.
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, EXTERIOR SIDE Means a side yard immediately adjoining a road or road allowance.
YARD, FRONT Means, in the case of a lot which does not abut a shoreline, 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, INTERIOR SIDE Means a side yard other than an exterior side yard.
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
Community Planning Permit By-law 2021-111
192
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.
Community Planning Permit By-law 2021-111
193
6
SCHEDULES
Community Planning Permit By-law 2021-111
194
SCHEDULE A - COMMUNITY PLANNING PERMIT AREAS
Community Planning Permit By-law 2021-111
195
SCHEDULE B - NATURAL HERITAGE & HAZARDS
Community Planning Permit By-law 2021-111
196
SCHEDULE C - INFORMATION TO BE PROVIDED IN AN
APPLICATION
O.REG. 173/16 SCHEDULE 1
1. The name, address, telephone number and, if applicable, the e-mail address of the owner of
the subject land, and of the agent if the applicant is an authorized agent.
2. The current designation of the subject land in the applicable official plan and the land uses
that the designation authorizes.
3. Whether a variation is requested within the provisions set out in the Community Planning
Permit By-law.
4. Whether the proposed use is,
(a) a permitted use; or
(b) a use that may be permitted subject to criteria as set out in the Community Planning
Permit By-law.
5. If the answer to section 3 of this Schedule or clause 4 (b) of this Schedule is yes, a statement
regarding how the applicable criteria have been addressed.
6. A description of the subject land, including such information as the municipality, concession
and lot numbers, registered plan and lot numbers, reference plan and part numbers and street
names and numbers.
7. The frontage, depth, and area of the subject land, in metric units.
8. Whether access to the subject land is,
(a) by a provincial highway, a municipal road that is maintained all year or seasonally,
another public road or a right of way; or
(b) by water.
9. If access to the subject land is by water only, the parking and docking facilities used or to be
used and the approximate distance of these facilities from the subject land and the nearest
public road.
10. The existing uses of the subject land.
11. Whether there are any buildings or structures on the subject land.
12. If the answer to section 11 of this Schedule is yes, the following information for each building
or structure:
1. The type of building or structure.
Community Planning Permit By-law 2021-111
197
2. In metric units, the setback from the front lot line, rear lot line and side lot lines, the
height of the building or structure and its dimensions as well as floor areas and gross
floor area.
13. The proposed uses of the subject land.
14. Whether any buildings or structures are proposed to be built on the subject land.
15. If the answer to section 14 of this Schedule is yes, the following information for each
proposed building or structure:
1. The type of building or structure.
2. In metric units, the setback from the front lot line, rear lot line and side lot lines, the
height of the building or structure and its dimensions or floor area as well as floor areas
and gross floor area.
16. Whether the proposed building or structure is within an area described in the official plan
and Community Planning Permit By-law as an area within which plans and drawings under
subsection 41 (4) or (5) of the Act or subsection 114 (5) or (9) of the City of Toronto Act, 2006
may be required.
17. One or both of the following, as required by the Community Planning Permit By-law:
1. Plans that show the location of all buildings and structures to be erected, the location of all
facilities and works to be provided in conjunction with the buildings and structures, and the
location of all facilities and works required under clause 41 (7) (a) of the Act or clause 114 (11)
(a) of the City of Toronto Act, 2006, including facilities designed to have regard for accessibility
for persons with disabilities.
2. Drawings that show plan, elevation, and cross-section views for each building to be erected
and are sufficient to display,
i. the massing and conceptual design of the proposed building,
ii. the relationship of the proposed building to adjacent buildings, streets, and exterior
areas to which members of the public have access,
iii. the provision of interior walkways, stairs, elevators, and escalators to which members
of the public have access from streets, open spaces, and interior walkways in adjacent
buildings,
iv. matters relating to exterior design, including without limitation the character, scale,
appearance and design features of the proposed building, and its sustainable design,
but only to the extent that it is a matter of exterior design, if the Official Plan contains
provisions relating to such matters,
v. the sustainable design elements on any adjoining highway under a municipality's
jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground
Community Planning Permit By-law 2021-111
198
cover, permeable paving materials, street furniture, curb ramps, waste and recycling
containers and bicycle parking facilities, and
vi. facilities designed to have regard for accessibility for persons with disabilities.
18. If known,
(a) the date the subject land was acquired by the current owner;
(b) the date any existing buildings or structures on the subject land were constructed;
and
(c) the length of time that the existing uses of the subject land have continued.
19. Whether water is provided to the subject land by a publicly owned and operated piped water
system, a privately owned and operated individual or communal well, a lake or other water body
or other means.
20. Whether sewage disposal is provided to the subject land by a publicly owned and operated
sanitary sewage system, a privately owned and operated individual or communal septic system,
a privy or other means.
21. Whether storm drainage is provided by sewers, ditches, swales, or other means.
22. If known,
(a) whether the subject land has ever been the subject of an application under the Act
for approval of a plan of subdivision or a consent;
(b) if the answer to clause (a) is yes, the file number and status of the application;
(c) whether the subject land has ever been the subject of an application under section
34, 41 or 45 of the Act; and
(d) if the answer to clause (c) is yes, the file number and status of the application.
23. A sketch showing, in metric units,
(a) the boundaries and dimensions of the subject land;
(b) the location, size and type of all existing and proposed buildings and structures on
the subject land, indicating their distance from the front yard lot line, rear yard lot line
and side yard lot lines;
(c) the approximate location of all natural and artificial features (for example, buildings,
railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands,
wooded areas, wells, and septic tanks) that,
(i) are located on the subject land and on land that is adjacent to it, and
(ii) in the applicant's opinion, may affect the application;
(d) the current uses of land that is adjacent to the subject land;
Community Planning Permit By-law 2021-111
199
(e) the location, width, and name of any roads within or abutting the subject land,
indicating whether it is an unopened road allowance, a public travelled road, a private
road, or a right of way;
(f) if access to the subject land is by water only, the location of the parking and docking
facilities to be used; and
(g) the location and nature of any easement or restrictive covenant affecting the subject
land.
24. An affidavit or sworn declaration by the applicant that the information required under this
Schedule and provided by the applicant is accurate.
Community Planning Permit By-law 2021-111
200
APPENDIX 1 - PERMITTED COVERAGE IN SHORELINE
ACTIVITY AREA (SAA)
Available SAA
m
m - 25%
Frontage
sq. m
sq. m -
40% of
available
SAA
30.5
7.6
152.4
60.9
33.5
8.4
167.6
67.0
36.6
9.1
182.8
73.1
39.6
9.9
198.0
79.2
42.7
10.7
213.3
85.3
45.8
11.4
228.5
91.4
48.8
12.2
243.8
97.5
51.8
13
259.0
103.6
54.9
13.7
274.2
109.7
57.9
14.5
289.5
115.8
61
15.2
304.7
121.9
64
16.0
320.0
128.0
67.1
16.8
335.2
134.1
70.1
17.5
350.4
140.2
73.2
18.3
365.7
146.3
76.2
19.0
380.9
152.4
79.2
19.8
396.1
158.5
82.3
20.6
411.4
164.5
85.3
21.3
426.6
170.6
88.4
22.1
441.8
176.7
91.4
22.9
457.1
182.8
92.7
23.2
463.2
185.3
Community Planning Permit By-law 2021-111
201
APPENDIX 2 - SHORELINE ACTIVITY AREAS
2-1 Shoreline Activity Area
Community Planning Permit By-law 2021-111
202
2-2 Shoreline Activity Area - Abutting Type 1 Fish Habitat, Category 3
Lakes & Sensitive Lake Trout Lakes
Community Planning Permit By-law 2021-111
203
2-3 Shoreline Activity Area - Frontage
Community Planning Permit By-law 2021-111
204
2-4 Shoreline Activity Area - Coverage
Community Planning Permit By-law 2021-111
205
APPENDIX 3 - RESIDENTIAL PROVISIONS
3-1 Maximum Height
3-206 Lot
Community Planning Permit By-law 2021-111
206
3-207 Lot
Community Planning Permit By-law 2021-111
207
Community Planning Permit By-law 2021-111
208
APPENDIX 4 - 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
Community Planning Permit By-law 2021-111
209
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
Community Planning Permit By-law 2021-111
210
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
Community Planning Permit By-law 2021-111
211