Official Plan for the Township of Lake of the Woods
Lake of the Woods, Ontario
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OFFICIAL PLAN FOR THE
TOWNSHIP OF LAKE OF THE WOODS
SEPTEMBER 1999
PREPARED BY:
HYNDE, PAUL ASSOCIATES INCORPORATED
R. R. #1 - RMB46, FORT FRANCES, ONTARIO P9A 3M2
PHONE: (807)274-2192 FAX: (807)274-0651
179 KING STREET, ST. CATHARINES, ONTARIO L2R 3J5
PHONE: (905)641-2300 FAX: (905)641-2382
DECISION
With respect to an Official Plan
Subsection 17(34) of the Planning Act
I hereby approve all the Official Plan for the Township of Lake of the Woods, adopted by By-law No.
48, subject to the following modifications:
1. Section 2.3.4(k) - Subdivision of Land, Page 8 is hereby modified by deleting it in its entirety
and replacing it with the following:
"(k) In the Rural area a maximum of 3 new severed lots per original land holdings as of the
date this plan was adopted, can be considered, exclusive of the retained part, provided
all the above matters can be suitably addressed."
2. Section 2.13.1 - Mobile Home Parks, Page 12 is hereby modified by deleting it in its entirety
and replacing it with the following:
"An amendment to this plan will be required prior to the establishment of a mobile home
park, this shall include addressing the adequacy of municipal servicing including water
and sanitary sewage systems."
3. Section 2.19.1 - Sensitive Areas, page 14 is hereby modified by deleting the words "rare and
endangered" in the third line (replaced) with the following:
"endangered and threatened".
4. Section 2.19.2 - Sensitive Areas, Page 15 is hereby modified by:
a)
adding the following phrase between the words "areas" and "or" in the first line:
"identified on Schedules "A-1" and "A-2,";
b) adding the following sentence at the end of the paragraph:
"Notwithstanding the above, no development shall be permitted in significant
portions of the habitat of endangered and threatened species".
5. Section 2.19.5 - Page 15 is hereby modified by adding the following after the word "Evaluator"
at the end of the policy:
", whose work is approved by the Ministry of Natural Resources".
6. Section 2.20.1 - Waste Disposal Sites and Contaminated Sites, Page 15 is hereby modified by
adding the following after the word "use" in the second sentence:
", and are identified on Schedules "A-1" and "A-2".
7. Section 3.3.14 c) Page 23 is hereby modified by deleting the first two lines and replacing the
with the following:
"(c) a site plan agreement pursuant to Section 41 of the Planning Act, and/or other
agreements, as required. The agreement(s) will address the following matters, but not
limited to:"
8. Section 3.3.14, Page 23 is amended by deleting the subsection (d) in its entirety and re lettering
the remaining policies accordingly.
9. Section 3.3.18 c) - Rural Area, Page 24 is hereby modified by deleting it in its entirety and
replacing the with the following:
"(c) a site plan agreement pursuant to Section 41 of the Planning Act, and/or other
agreements, as required. This shall include agreements governing hours of operation for
forest products and sawmill operations that are adjacent to residential or sensitive land
uses."
Dated at Toronto this 8th of April, 2000.
"Originally signed by Audrey Bennett"
Director
Provincial Planning and Environmental
Services Branch
Ministry of Municipal Affairs and Housing
File No.: 59-OP-0062
Date of Decision: April 8, 2000
Municipality: The Township of Lake
Date of Notice: April 11, 2000
Of the Woods
Last Day of Appeal: May 1, 2000
Subject Lands: Entire Municipality
NOTICE OF DECISION
With respect to an Official Plan
Subsection 17 (34) and 21 of the Planning Act
A decision was made on the date noted above to approve all of the Official Plan for the Township of
Lake of the Woods as adopted by By-law No. 48.
Purpose and Effect of the Official Plan
The Official Plan provide policies to guide future development to areas where it is most suited and to
protect the physical and natural resources of the municipality. A copy of the decision is attached.
When and How to File a Notice of Appeal
Any appeal to the Ontario Municipal Board must be filed with the Minister of Municipal Affairs and Housing no later that
20 days from the date of this notice as shown above as the last day of appeal.
The appeal should be sent to the attention of the Area Planner, at the address shown below and it must, 1) set out the
specific part of the proposed official plan amendment to which the appeal applies, 2) set out the reasons for the request for
the appeal, and 3) be accompanied by the fee prescribed under the Ontario Municipal Board Act in the amount of $125.00,
payable to the Minister of Finance, Province of Ontario.
Who Can File a Notice of Appeal
Only individuals, corporations or public bodies may appeal decisions of the Ministry of Municipal Affairs and Housing to
the Ontario Municipal Board. An appeal may not be filed by an unincorporated association or group. However, an appeal
may be filed in the name of an individual who is a member of the association or group.
When the Decision is Final
The decision of the Minister of Municipal Affairs and Housing is final if a Notice of Appeal is not received on or before the
last date noted above.
Other Related Applications: The Comprehensive Zoning By-law
Getting Additional Information
Additional information about the application is available for public inspection during regular office hours at the Minister of
Municipal Affairs and Housing at the address noted below or from the office of the municipality noted above.
Mail Address for Notice of Appeal
Minister of Municipal Affairs and Housing
Provincial Planning Services Branch
777 Bay St 14
th
Flr Toronto ON M5G 2E5
Submit notice of appeal to the attention of Peter Kakaletris, Area Planner
Tele: (416) 585-6014 or 1-800-935-0696 Fax: (416) 585-4245
THE CORPORATION OF THE TOWNSHIP OF LAKE OF THE WOODS
BY-LAW NO. 48
Being a by-law to adopt an Official Plan for the Township of Lake of the Woods.
WHEREAS the Council of the Township of Lake of the Woods deems it expedient to adopt an Official
Plan for the municipality, in accordance with the provisions of the Planning Act 1990;
NOW THEREFORE the Council of The Corporation of the Township of Lake of the Woods HEREBY
ENACTS:
1. The Official Plan for the Township of Lake of the Woods, being the attached text and schedules
is adopted.
2. The Clerk is hereby authorized and directed to make application to the Minister of Municipal
Affairs and Housing for the approval of the Official Plan for the Township of Lake of the
Woods.
3. This by-law shall come into force and take effect on the day of the enactment thereof.
4. This may be referred to as the "Official Plan Adoption By-law"/
ENACTED this 19
th
day of October 1999.
(Originally signed)
VALERIE PIZEY Mayor
P W GILES Clerk
I hereby certify that the above is a true copy of By-law No 48 as enacted by the Council of the
Corporation of the Township of Lake of the Woods on the 19
th
day of October 1999.
(Originally signed)
P W GILES
Clerk: Patrick W Giles
TABLE OF CONTENTS
ITEM
PAGE NO.
SECTION 1 - INTRODUCTION............................................................................................ 1
1.1 BASIS................................................................................................................................... 1
1.2 GOALS OF THE PLAN....................................................................................................... 4
1.3 OBJECTIVES....................................................................................................................... 5
1.4 OFFICIAL PLAN................................................................................................................. 5
SECTION 2-GENERAL PROVISIONS................................................................................ 6
2.1 GENERAL.......................................................................................................................... 6
2.2 LAND USE COMPATIBILITY........................................................................................... 6
2.3 SUBDIVISION OF LAND................................................................................................. 7
2.4 PROVINCIAL HIGHWAYS.............................................................................................. 8
2.5 ARCHAEOLOGICAL AND CULTURAL HERITAGE RESOURCES........................... 9
2.6 ACCESSORY USES........................................................................................................... 9
2.7 DRAINAGE....................................................................................................................... 10
2.8 CROWN LANDS.............................................................................................................. 10
2.9 HOME INDUSTRIES AND HOME OCCUPATIONS.................................................... 11
2.10 GROUP HOMES............................................................................................................... 11
2.11 GARDEN SUITES............................................................................................................ 11
2.12 BED AND BREAKFAST................................................................................................. 11
2.13 MOBILE HOME PARKS................................................................................................. 12
2.14 CAMPING AND TRAILER PARKS.................................................................................12
2.15 WAYSIDE PITS AND QUARRIES................................................................................. 13
2.16 PORTABLE ASPHALT PLANTS................................................................................... 13
2.17 AGGREGATE RESOURCE AREAS.............................................................................. 13
2.18 FORESTRY...................................................................................................................... 14
2.19 SENSITIVE AREAS........................................................................................................ 14
2.20 WASTE DISPOSAL SITES............................................................................................. 15
SECTION 3 - LAND USE POLICIES.................................................................................. 16
3.1GENERAL........................................................................................................................... 16
3.2 VILLAGE AREA............................................................................................................... 16
Permitted Uses............................................................................................................. 16
Residential Development............................................................................................. 17
Institutional Development........................................................................................... 17
Recreational/Open Space Development...................................................................... 18
Commercial Development........................................................................................... 18
Industrial Development................................................................................................ 19
3.3 RURAL AREA.................................................................................................................... 19
Permitted Uses............................................................................................................. 20
Residential Development............................................................................................. 20
Agricultural Development........................................................................................... 21
Institutional Development............................................................................................ 22
Recreation/Open Space Development......................................................................... 22
Commercial and Industrial Development.................................................................... 22
3.4 ISLAND AREA.................................................................................................................. 24
Permitted Uses.............................................................................................................. 24
Development Policies................................................................................................... 24
3.5 HAZARD .............................................................................. ......... 25
SECTION 4 - COMMUNITY SERVICES AND FACILITIES......................................... 28
4.1 GENERAL.......................................................................................................................... 28
4.2 ROADS......................................................................................................................... 28
4.3
WATER SUPPLY........................................................................................................ 29
4.4 SEWAGE DISPOSAL................................................................................................. 29
4.5 NON-HAZARDOUS SOLID AND LIQUID WASTE DISPOSAL........................... 30
4.6 COMMUNITY FACILITIES AND SERVICES...........................................................30
SECTION 5 - IMPLEMENTATION AND ADMINISTRATION..................................... 31
5.1 THE TOWNSHIP'S ROLE IN IMPLEMENTATION................................................ 31
5.2 PUBLIC WORKS......................................................................................................... 31
5.3 NON-CONFORMING USES....................................................................................... 31
5.4 PUBLIC PARTICIPATION......................................................................................... 32
5.5 OFFICIAL PLAN - AMENDMENTS AND REVIEW............................................... 32
5.6
ZONING BY-LAW...................................................................................................... 33
5.7 STREAMLINING REVIEWS OF PLANNING APPLICATIONS............................. 33
5.8
PARKLAND DEDICATION....................................................................................... 33
5.9 IMPLEMENTING COMMUNITY IMPROVEMENT POLICIES............................. 34
5.10 FEES............................................................................................................................. 34
5.11 MINOR VARIANCE................................................................................................... 34
5.12 TEMPORARY USE BY-LAWS.................................................................................. 34
5.13 HOLDING PROVISIONS............................................................................................ 35
5.14 INTERIM CONTROL................................................................................................... 35
5.15 SITE PLAN CONTROL............................................................................................... 36
5.16 PROPERTY MAINTENANCE OCCUPANCY STANDARD BY-LAW.................. 37
5.17 AGENCY NAMES AND RESPONSIBILITIES AND LEGISLATION.................... 37
5.18 LAND USE BOUNDARIES........................................................................................ 37
SCHEDULE A-1 LANDUSE PLAN -TOWNSHIP OF LAKE OF THE WOODS................. 38
SCHEDULE A-2 LANDUSE PLAN -TOWNSHIP OF LAKE OF THE WOODS................. 39
APPENDICES.............................................................................................................. 40
APPENDIX A
Definitions.............................................................................................................................. 41
APPENDIX B
Background Report....................................................................................................... 44
SECTION 1 - INTRODUCTION
1.1
BASIS
The Township of Lake of the Woods is a recently restructured municipality
comprised of 2 former municipal Townships, namely the Township of Morson and
the Township of McCrosson and Tovell, and a large area of former unorganized
territory made up of islands and the southwest section of the Aulneau Peninsula in
the southern half of Lake of the Woods. The mainland portion of the Township is
located in the Rainy River District, while the islands and that portion of the Aulneau
Peninsula in the Township are located in the Kenora District. The Township is
located approximately 32 kilometers north of the Town of Rainy River and 150
kilometers south of the Town of Kenora. Located within the Township is the Village
of Bergland and the Village of Morson, the administrative, business and residential
centres of the Township.
The Township of Lake of the Woods can be described as a rural township having an
economy based on natural resources and the tourism industry. The Villages of
Bergland and Morson are comprised of a mix of residential, commercial,
institutional, and recreational uses while the Village of Morson is comprised
primarily of residential uses. The rural area is comprised of a mix of uses including
rural residential, vacation homes and other rural uses such as industrial uses,
agriculture and natural resource land uses while the island area is comprised mainly
of a natural, wilderness and open space area with limited number of vacation homes
and tourist commercial uses.
The establishment of a strong and diversified economic base providing growth and
future development opportunities throughout the Township is of importance to the
Municipal Council and the residents of the Township of Lake of the Woods. The
Township is recognized for its natural areas, scenic qualities and recreational
opportunities, that combined, result in a substantial demand for recreational and
tourist commercial opportunities and a significant demand for recreational and
tourist commercial opportunities and a significant potential for growth in the tourism
sector. Also, the natural areas and scenic qualities of the Township make it a popular
location for personal recreational retreats and vacation homes.
This is the first Official Plan for the new Township. There is a desire on behalf of the
Township to provide for a formalized planning framework upon which future
decisions on land use issues can be based. The Official Plan can also be used as a tool
to promote growth and development in the Township.
In addition, the Provincial government is in the process of delegating planning
approval authority and decision making powers to local municipal governments
throughout the Province. The authority to approve consents was delegated to the
Township in December, 1998. It is anticipated that the delegation of authority for
subdivision approval authority and exemption from minister's approval authority of
Official Plan amendments will occur over the short term. In order to be in a position to
make informed decisions on planning matters, and effectively use this new authority,
the Township of Lake of the Woods finds itself in need of an Official Plan to guide
future development and provide a mechanism for decision making and control against
land use conflicts and undesirable development.
The current population in the Township of Lake of the Woods is 432 persons (1996
Census Canada). This is considered to be the permanent or year round population.
There is however a transient or temporary population, particularly during the summer
months, associated with those people that reside in their vacation homes during part of
the year for which it is difficult to ascertain a number for. However, it is estimated that
during the summer months, the population of the Township is close to double the year
round population. In addition, the population during the winter months also
experiences an increase and it is expected to continue to grow with the increase
interest and growth in winter recreational opportunities and the conversion of vacation
homes for year round recreational use. There are no persons that reside on the islands
on a year round basis. The current year round population is on the mainland.
For the most part, the permanent population of the Lake of the Woods has experienced
a relatively stable growth rate. However, the population did experienced a slight
decline of 4.4% between 1991 and 1996 (Census Canada) representing a loss of 20
persons during this 5 year period. The population of Lake of the Woods in 1996
represented 1.8% of the total population of the District of Rainy River. Due to the
small population of Township, it is difficult to project with confidence the future
population of the Township. However, if it is assumed that the Township maintain the
same proportionate share of the District's population over the next 25 years, i.e. 1.8%
of the District's overall population, information from the Ministry of Finance Ontario
Population Projection to 2021 can be used to extrapolate a population projection of
the permanent year round population of the Township of Lake of the Woods.
It is anticipated that the population in Lake of the Woods will remain relatively stable
and the Township will experience an overall low growth rate. The following table
highlights the population growth projections over the next 30 years:
POPULATION PROJECTION
YEAR
LAKE OF THE WOODS
POPULATION
DISTRICT OF RAINY RIVER
POPULATION
1996
432
23,000
2001
468
26,000
2011
504
28,000
2021
559
31,000
This projection represents a growth of in the permanent population of 1.16% per year
over the 25 year time frame or an increase in population of 126 persons over 25 years.
It is estimated that 53 new dwelling units are required to accommodate this growth.
The population projections should be confirmed every 5 years to ensure they remain
relevant and reflect the current trends in the Township. Due to the small size of
population of Township of Lake of the Woods any one factor, i.e. mortality rate, birth
rate, economic conditions, residential conversions, migration, etc. can have a
significant impact on the population and will affect the population projections. While a
population projection for 25 years has been provided above as an overall projection for
the Township, the planning time to frame for this Official Plan is 15 years in order for
the Plan to evolve and respond over time to changing growth and development issues,
political climate, economic trends and the dynamics of the Township. The Official
Plan shall be reviewed every 5 years to ensure that it remains relevant for the needs of
the Township.
The Villages of Bergland and Morson will continue to be the residential and business
centres for the Township. Approximately one third of the population (144 persons)
presently resides in the Villages with the remainder living in the rural area of the
Township. It is expected that both Villages will continue to be the centre for
residential development. However, the Rural area is an important residential area and
will also continue to be a desired location for rural residential development and
vacation homes. Other community facilities and commercial development are also
considered appropriate for development in both of the Villages.
It is also anticipated with there will be an increase in the demand of vacation homes
and tourist commercial operations in the Township over the long term. The Township
is a popular location for these type of uses combined with outdoor recreational
pursuits. The Township has also been experiencing a trend in conversions of vacation
homes to year round permanent residential dwellings. In the Rural areas, opportunities
are also available for rural residential development consistent with the rural character
of the Township.
Rural residential development in the form of rural subdivisions may also be permitted
provided the development can be safely serviced by private individual septic and
water systems. Areas with vistas of the Lake and Little Grassy River, other scenic
locales and areas in proximity to former historical rural residential settlement areas are
examples of locations in the Township that may be appropriate for rural residential
subdivision development, subject to servicing, design and other locational
considerations. The areas along the shoreline of the Lake and along the islands are also
suitable locations for vacation homes and tourist commercial operations subject to
appropriate servicing considerations and impact on the natural environment.
Natural resource industries and to a lesser extent agriculture are important components
of the local economy. The maintenance and enhancement of the rural character and
environment of the Township is important to the residents of Lake of the Woods.
Within the Township there are uses that have existed prior to this Plan which may not
be compatible with future residential development or other sensitive uses, but which
are of economic importance to the Township, i.e. industrial uses. Future development
in proximity to these uses should be designed to consider these existing uses so that
they can continue to function without conflicts or adverse impacts on the new use.
Alternatively, new industrial uses may be proposed adjacent to existing residential
uses or sensitive uses. These new industrial uses should be designed and buffered from
adjacent sensitive uses to ensure that land use conflicts with adjacent uses are
minimized.
Decisions regarding land use planning matters will be guided by the policies contained
in this Plan. This Plan will be reviewed by Council at a minimum every 5 years to
determine if the population and growth projections remain relevant and the policy
guidelines and framework for development continues to reflect the needs of the
Township. As the Township grows and experiences various types of development and
change, amendments may be required to address the changing needs of the Township.
1.2 GOALS OF THE PLAN
1.2.1 The goals and objectives of this Plan form the foundation of planning principles and
provide direction to manage change, guide future development and develop detailed
policies and programs that stimulate economic growth, protect the environment and
public health, promote the use of natural resources for the economic use and
environmental benefits and reduce costs by restricting development in areas where
there is risk of health, safety or property damage. The goals reflect the present and
future needs and values of the Township and the residents of the Township.
1.2.2 The goals of this Official Plan are to:
(a)
protect the identity and characteristics of the Township and maintain the quality of life
while at the same time provide opportunities for growth and appropriate development;
(b)
establish policies which manage and direct physical change and the effects on the
social, economic and natural environment, of the Township over the next 15 years;
(c)
recognize the historical and cultural fabric of the Township and foster the rural
lifestyle and quality of life experienced by the residents of the Township;
(d)
secure the health, safety, convenience and welfare of the residents of the Township by
restricting development that causes environmental, health and safety concerns;
(e)
ensure the Township's resources are rationally used and that both natural and cultural
heritage features are protected including water resources, forest resources, natural
heritage resources and cultural and archaeological resources, while development
opportunities are not overly restricted;
(f)
provide policies that guide development that is environmentally compatible, supports
sustainable development and minimizes land consumption and allows for the
expansion and diversification of the local economic base;
(g)
inform the residents of the Township of Lake of the Woods of the policies that affect
the development of land;
(h)
provide a guiding framework for decisions of Council, local boards, committees and
other authorities;
(i)
provide Official Plan coverage on all lands under the jurisdiction of the Township; and
(j)
provide polices that have regard to the Provincial Policy Statement in support of local
conditions and circumstances.
1.3 OBJECTIVES
1.3.1 The Township is committed to encouraging new development that maintains the
quality of life, protects the identity and characteristics of the Township and maintains
or improves the health of existing businesses and diversifies the economy.
1.3.2 The Township shall have regard for the importance of natural resources including
water resources, forest resources, local aggregate resources, local agricultural
resources and natural heritage resources. These resources are to be protected from
incompatible development.
1.3.3 The Township shall encourage the creation of housing which is affordable and meets
the needs of a full range of households in the Township and shall encourage that an
adequate supply of land is available to meet the housing needs of its residents.
1.3.4 The Township shall have regard and consideration for the natural amenity features of
the Lake of the Woods which provides opportunities for the establishment of water
related tourist operations and activities and are considered a desirable locations for
residential development both permanent year round residential uses and vacation
homes.
1.3.5 The Township shall have regard to the conservation of significant cultural heritage
resources, including heritage buildings, archaeological resources, cemeteries and
cultural heritage landscapes.
1.3.6 With this Plan, the Township has achieved the goal of establishing a policy framework
for the future that addresses the circumstances facing the Township of Lake of the
Woods and has regard for the Provincial Policy Statement in consideration of local
conditions and circumstances.
1.4 OFFICIAL PLAN
1.4.1 This document constitutes the Official Plan of the Township of Lake of the Woods
and has been prepared in accordance with the provisions of The Planning Act.
1.4.2 This Plan applies to all lands within the municipal boundary of the Township of Lake
of the Woods.
Section 2 - General Provisions
2.1 GENERAL
2.1.1 The following land use policies apply to all lands in the Township of Lake of the Woods
unless specifically mentioned for exclusion.
2.1.2 This Plan makes no distinction between cottages or seasonal residential uses and year
round residential uses for the purposes of regulating land use. Residential conversions
from seasonal to year round use, whether they be occupied year round as full time
occupied dwellings or as vacation homes used throughout the year, will be permitted
subject to the policies of this Plan. Where residential uses are permitted, vacation homes
are permitted. In addition, there will be no change in the level of service provided by the
Township as conversions to year round occupancy take place.
2.1.3 The Township will not accept ownership or responsibility for the operation or
maintenance of communal water and sewage systems. Developments proposed to be
serviced by communal water or sewage systems shall be permitted on the basis that the
communal servicing system will be owned, operated and managed by another public
body other than the Township or will be privately owned, operated or maintained by a
condominium corporation or single owner subject to an agreement with another public
body. Developments proposed to be serviced by communal water or sewage systems will
require an amendment to this Plan.
2.2 LAND USE COMPATIBILITY
2.2.1 As much as possible land use conflicts should be avoided. The encroachment of sensitive
land uses and industrial uses on one another is discouraged. Buffering and separation
distances in accordance with the Provincial guidelines shall be incorporated through site
specific zoning by-laws amendments when industrial uses are proposed in proximity to
sensitive uses or when residential uses and other sensitive uses are proposed in proximity
to existing industrial uses to minimize potential adverse effects, such as noise, odour,
vibration, particulate and other contaminants on the sensitive use(s). Mitigation measures
such as setbacks, fencing and landscaping may be required to minimize potential adverse
impacts on the sensitive use(s).
2.2.2 Development will generally be directed away from hazardous lands or sites unless it can
be demonstrated that the hazard will not result in public health, safety or potential
property damage, that no new hazards are created or existing hazards aggravated, and no
adverse environmental impacts will result from the development to the satisfaction of the
Province and the Township.
2.2.3 Development on, or adjacent to lands affected by man-made hazards and contaminated
sites, will be permitted if rehabilitation or restoration measures to address and mitigate
the hazard have been implemented and there is no adverse effect. An environmental audit
or decommissioning report shall be completed and a site restoration plan prepared and
implemented by a qualified consultant in accordance with the Province's guidelines and
in consultation with the Township prior to development approval being granted.
2.2.4 No development shall be permitted that results in the degradation of the quality and
integrity of an ecosystem below acceptable standards, including air, water, land and plant
and animal life. Where the quality and integrity of an ecosystem has been diminished, the
Township shall encourage its restoration or remediation to healthy conditions.
2.3 SUBDIVISION OF LAND
2.3.1 The subdivision of land by plan of subdivision shall be permitted provided that:
(a)
the plan is considered to serve the public interest;
(b)
the plan is not deemed premature;
(c)
the lands can be provided with adequate services and utilities and safely serviced;
(d)
the applicant shall provide a report prepared by a qualified consultant indicating
that there is adequate water quality and quantity is available to meet the Ontario
Drinking Water Objectives to service the subdivision when the development
consists of more than 5 lots;
(e)
the applicant shall provide a ground water impact assessment report for sewage
systems prepared by a qualified consultant for any development except those that front on
the water where the lots are less than 1.0 hectare in area;
(f)
the development is not likely to adversely affect the economy or financial position
of the Township if such subdivision is approved;
(g)
the development is appropriate and suitable for the location proposed and no
adverse land use or environmental impacts will result from the development;
(h)
the development is not incompatible with the natural heritage features and areas;
(i)
the development is directed away from hazard lands and sites; and
(j)
development and site alteration will not be permitted within floodways.
2.3.2 It is the intent that plans of subdivisions for residential purposes will be permitted within
the Village areas. In the Rural areas and Island areas plans of subdivisions for residential
uses may be permitted provided development is in keeping with the rural needs and
character of the Township in conformity with the policies of this Plan. Plans of
subdivision for industrial and commercial uses will be permitted if such plans are located
in an area suitable for development and in conformity with the policies of this Plan.
2.3.3 Plans of subdivisions for residential purposes that have water access only will be
permitted in the Rural and Island area provided there is suitable public parking, boat
launching and wharfage facilities, and waste disposal facilities to service the new
development and it is understood that the Township has no intention of extending road
services to these areas in the future.
2.3.4 The subdivision of land by consents shall be permitted in accordance with the policies of
this Plan and provided that:
(a)
the retained and severed lot(s) can be adequately and safely serviced by private
individual septic systems and a potable water supply. The public health authority
should be consulted prior to consent approval being given to obtain support for
the consent proposal;
(b)
the soil, drainage conditions and topography are suitable for the proposed use and
permit the proper siting of buildings and the installation of private septic disposal
systems;
(c)
the lands front onto a public road that is maintained year round by the Province or
the Township and is of an acceptable standard of construction;
(d)
where access is proposed from a provincial highway, the Province shall be
consulted prior to consent approval being given to obtain input and support
regarding access and entrance permit requirements;
(e)
no traffic hazard is created by the consent and safe access/egress to the retained
and severed lot(s) is feasible;
(f)
the consent does not result in land use conflicts with existing nearby uses;
(g)
the requirements of the Minimum Distance Separation I criteria will be adhered to
when a consent is being proposed in proximity to existing livestock operations;
(h)
the lot size and configuration shall be suitable for the proposed use and, where
possible, be consistent with adjacent development;
(i)
adequate protection and preventative services for persons and property are
available including health, welfare, fire and police;
(j)
the consent does not result in land locked parcel(s) being created; and
(k)
SEE MODIFICATION NO 1. in the Rural area a maximum of 3 new severed
lots per land holding as of the date this Plan was adopted, can be created,
exclusive of the retained part, provided all of the above matters and other policies
of this Plan can be suitably addressed.
(l)
the development is not incompatible with the natural heritage features and areas;
(m)
the development is directed away from hazard lands and sites; and
(n)
development and site alteration will not be permitted within floodways.
2.3.5 The following may be considered as conditions of consent by the Township:
(a)
that any necessary land for road widening, allowances or easements be dedicated
to the Province or the Township;
(b)
that the applicant improve road access, grading, drainage, etc. to a standard
satisfactory to the Township and/or the Province; and
(c)
any other condition reasonable to the granting of the consent.
2.3.6 Notwithstanding the policies of this section, consents may be granted for the following
technical purposes:
(a)
boundary corrections or adjustments;
(b)
discharge of mortgage;
(c)
road widening and road allowances; and
(d)
easements.
2.4 PROVINCIAL HIGHWAYS
2.4.1 In addition to the requirements of the Township of Lake of the Woods, all development
adjacent to provincial highways is subject to the setback requirements and permits of the
Ministry of Transportation. In addition, the management and removal of storm water on
properties adjacent to provincial highways requires the approval of the Ministry of
Transportation.
2.5 ARCHAEOLOGICAL AND CULTURAL HERITAGE RESOURCES
2.5.1 The Township of Lake of the Woods shall encourage the conservation, protection and
rehabilitation of archaeological and cultural heritage resources, and encourage public
awareness, participation and involvement in the conservation of these resources.
2.5.2 The Township will attempt to support and maintain a cultural heritage resource
information base for municipal plan review purposes, including heritage site inventories
for buildings and other areas, cemeteries, known pictograph sites, available
archaeological site data or archaeological potential mapping, and results of
archaeological assessments. Where feasible, the Township will attempt to participate in
the conservation and maintenance of significant cultural heritage resources which are
under Township ownership and/of stewardship.
2.5.3 Development proposed in areas known to have a potential for archaeological resources
shall be assessed by qualified archaeologist licensed under the Ontario Heritage Act to
determine the nature and extent of the resource prior to development approval being
granted. Any archaeological assessment report conducted by a licensed archaeologist
must be in compliance with the guidelines set out by the Province.
2.5.4 If an archaeological assessment determines that significant archaeological resources are
present on a site, the resource shall be documented and conserved to the satisfaction of
the Province through excavation or on-site preservation prior to final approval of the
development proposal. A zoning by-law protecting the identified archaeological resource
may be considered by Council.
2.5.5 The Ontario Heritage Act may be utilized to conserve, protect and enhance any identified
cultural heritage resources in the Township. Council may by by-law designate for
protection and conservation individual properties and/or districts of historic and/or
architectural value or interest.
2.5.6 A Local Architectural Conservation Advisory Committee (LACAC) may be established
under the Ontario Heritage Act to advise and assist Council on matters related to Parts IV
and V of the Act. In addition, similar heritage advisory committees may be established to
advise and assist Council on other matters of cultural heritage conservation and heritage
facilities.
2.5.7 Council shall consult the appropriate government agencies, including the Ministry of
Citizenship, Culture and Recreation and the Ministry of Consumer and Commercial
Relations when an identified human cemetery including a marked or unmarked human
burial is affect by land use development. The provisions under the Ontario Heritage Act
and the Cemeteries Act shall apply.
2.6 ACCESSORY USES
2.6.1 Where a use is permitted in a land use designation, it is intended that uses, buildings or
structures normally incidental, accessory and essential to the use will also be permitted.
2.6.2 Guest cabins for sleeping accommodation only may be permitted as accessory use for a
residential use including a vacation home, provided they contain no cooking and
washroom facilities.
2.6.3 Accessory dwellings or guest accommodation above boat houses are not a permitted
accessory use in any land use designation.
2.7 DRAINAGE
2.7.1 The management and removal of storm water on private property is the responsibility of
the property owner and must be managed to the satisfaction of the Province and the
Township in accordance with the Drainage Act or the Ontario Water Resources Act.
Municipally owned drainage works shall be planned in accordance with the appropriate
Class Environmental Assessment requirements of the Environmental Assessment Act.
2.7.2 No development shall be permitted which would interfere with or reduce the drainage or
flood water storage capacity of any natural watercourse or where the watercourse
represents a hazard to the proposed development.
2.7.3 A storm water drainage report or other water quality assessment which demonstrates that
the function and quality of existing watercourses and the quantity and quality of ground
water resources is not adversely affected may be required prior to approving development
which impacts on these resources. Where adverse impacts are anticipated, mitigative
measures during and after construction to control sedimentation, erosion and flooding
will be required.
2.7.4 Any development which involves the channelization, diversion, damming, walling and
dredging of a natural watercourse, or the installation of a culvert, causeway or dock in a
natural watercourse, is subject to the approval of the Province in accordance with the
provisions of the Lakes and Rivers Improvement Act and/or the Public Lands Act and the
Ontario Water Resources Act.
2.8 CROWN LANDS
2.8.1 The Ministry of Natural Resources is responsible for the administration of Crown Land,
including acquisition, disposition, and management of Crown lands and waters pursuant
to the Public Lands Act. The Ministry endeavours to administer all Crown lands and
waters in the best public interest and is encouraged to have regard for the policies of this
Plan and to consult with the Township of Lake of the Woods with respect to the use and
disposition of Crown lands and waters.
2.8.2 Authorization for occupation or use of Crown Lands is required from the Province.
2.8.3 The Township recognizes that resource management activities on Crown Lands are
desirable for environmental, social and economic reasons. Resource management
activities shall be conducted in accordance with the standards and guidelines established
by the Province.
2.9 HOME INDUSTRIES AND HOME OCCUPATIONS
2.9.1 Generally, home occupations shall include home based occupations or professions which
are conducted entirely within a dwelling unit, while home industries are conducted
primarily within an accessory building.
2.9.2 Neither home industries or home occupations shall be offensive or create a nuisance as a
result of noise, odour, traffic generation or other means.
2.9.3 The home industry or home occupation shall be secondary to the main use of the property
and not generate adverse or incompatible effects with the surrounding area.
2.9.4 The severance of a dwelling unit from a home industry may be considered appropriate if
adequate buffering is available between the dwelling and the home industry to provide
protection to the residential use and shall be in accordance with the consent policies
contained in Section 2.3 of this Plan.
2.10 GROUP HOMES
2.10.1 Group homes are permitted in all areas where residential uses are permitted.
2.11 GARDEN SUITES
2.11.1 Garden suites shall be permitted as temporary accommodation for a maximum of ten (10)
years pursuant to Section 39 of The Planning Act in conjunction with an existing
residential dwelling subject to the following provisions:
(a)
the garden suite shall not be permitted to separate by consent from the main
residential dwelling on the lot;
(b)
the design, mass and location of the garden suite should compliment the main
residential dwelling and streetscape;
(c)
the garden suite should utilize and connect to the services used by the main
dwelling provided clearance from the Northwestern Health Unit is obtained to
permit the garden suite to connect to the septic system servicing the main
dwelling; and
(d)
an agreement between the homeowner and the Township is required identifying
the name of the person who is to live in the garden suite, when the garden suite
will be removed and acknowledging that the garden suite will not be severed from
the main residential dwelling.
2.12 BED AND BREAKFAST
2.12.1 Bed and Breakfast establishments may be permitted in areas where residential uses are
permitted, and based upon the following criteria:
(a) a Bed and Breakfast establishment shall have sufficient site area to accommodate
onsite outdoor amenity area, adequate on-site parking and provide adequate
buffering for any adjacent use;
(b) a Bed and Breakfast establishment shall be located in an existing residential
dwelling; and
(c) should external expansion be required to the existing dwelling to accommodate
the proposed tourist facility, the character of the residential use should be
maintained.
2.13 MOBILE HOME PARKS SEE MODIFICATION NO 2.
2.13.1 Mobile home parks shall be permitted subject to an amendment to this Plan and provided
the development can be safely and adequately serviced with water and sanitary sewage
services.
2.13.2 The development of mobile home parks and any future expansion of a mobile home park
shall be subject to site plan control pursuant to the requirements of Section 41 of The
Planning Act, and will include, but not be limited to, the following considerations:
(a)
entrances and exits and road widenings;
(b)
on-site parking for residents and visitors;
(c)
on-site open space and recreational activity areas;
(d)
landscaping, fencing and buffering;
(e)
size, orientation and spacial separation of the mobile home sites;
(f)
emergency access;
(g)
on-site servicing including water and sewage works, grading and storm water
management; and
(h)
outside storage.
2.14 CAMPING AND TRAILER PARKS
2.14.1 Camping and trailer parks shall be permitted without an amendment to this Plan in the
Rural and Village areas and provided the development can be safely services with water
and sanitary sewage services and they are appropriately buffered from residential uses.
2.14.2 New camping and trailer parks shall be subject to site plan control, pursuant to the
requirements of Section 41 of The Planning Act, and will include but not be limited to the
following considerations:
(a)
entrances and exits and road widenings;
(b)
on-site parking for visitors;
(c)
on-site open space and recreational activity areas including swimming areas and
boat launches;
(d)
landscaping, fencing and buffering;
(e)
size, orientation and spacial separation of the camp and trailer sites;
(f)
size and location of office and accessory buildings;
(g)
emergency access;
(h)
on-site servicing including water and sewage works, grading and storm water
management;
(i)
traffic circulation;
(j)
months of operation:
(k)
outside storage;
(l)
protection of natural heritage features; and
(m)
protection of natural hazards.
2.15 WAYSIDE PITS AND QUARRIES
2.15.1 Wayside pits and quarries shall be permitted throughout the Township except for the
following:
(a)
in Village of Bergland and Village of Morson;
(b)
within 90m of an existing residential use, including a vacation home; and
(c)
where severe environmental disruption will occur.
2.15.2 The opening of wayside pits and quarries shall be permitted without an amendment to this
Plan provided that the Township of Lake of the Woods is given adequate notice and an
opportunity to comment regarding the opening of the pit or quarry.
2.15.3 Progressive rehabilitation of wayside pits and quarries is encouraged and the Ministry of
Transportation shall ensure that wayside pits and quarries used for its purposes are
rehabilitated in consultation with the Township.
2.16 PORTABLE ASPHALT PLANTS
2.16.1 Portable asphalt plants used by a public road authority or their agents, shall be permitted
throughout the Township, subject to the approval of the Ministry of the Environment,
except for the following locations:
(a)
in the Village of Bergland and Village of Morson;
(b)
within 300m of an existing residential use, including a vacation home; and
(c)
where severe environmental disruption will occur.
2.16.2 Portable asphalt plants shall be permitted without an amendment to this Plan provided the
Township of Lake of the Woods is given adequate notice and an opportunity to comment
regarding the location of the plant.
2.16.3 Portable asphalt plants shall be removed from the site upon completion of the road project
and the site shall be rehabilitated to its former condition.
2.17 AGGREGATE RESOURCE AREAS
2.17.1 Located in the Rural area of the Township are aggregate extractive sites that are a local
source of aggregate, however are not considered to contain significant or large deposits of
aggregate. Existing mineral aggregate operations shall be protected from incompatible
land uses. A Certificate of Approval is required from the Ministry of Environment for the
operation of aggregate processing equipment including crushers and screening plants.
2.17.2 The Township of Lake of the Woods will endeavor to undertake an Aggregate Resources
Inventory to identify the areas with high and moderate aggregate potential for aggregate
use. The study will assess the resources and recommend, as appropriate, new policy
directions on the aggregate resources, including the identification and placing of such
areas on Schedules "A-1" and "A-2" in an "Aggregates" designation.
2.17.3 Development adjacent to existing aggregate operations will be permitted provided that the
development does not restrict access to the aggregate resource. If access to the aggregate
resource is restricted as a result of the development, the development may be permitted
provided that:
(a)
the use of the resource is not feasible; or
(b)
the development or use serves a greater long term public interest; and
(c)
issues of public health, safety and environmental impact are addressed.
2.17.4 Rehabilitation of exhausted pits and quarries is be encouraged and may be implemented
through a site rehabilitation plan. Site rehabilitation plans shall be prepared to the
satisfaction of the Township.
2.18 FORESTRY
2.18.1 Forest resources provide a significant economic, social and environmental benefit in the
form of:
(a)
income from forest products;
(b)
recreation;
(c)
education;
(d)
soil and water conservation;
(e)
wildlife habitat;
(f)
buffers between land uses; and
(g)
natural amenities.
2.18.2 Property owners are encouraged to seek the assistance of the Ministry of Natural
Resources in the management of their forest resources.
2.18.3 The maintenance of forest cover along river and stream banks is encouraged and
reforestation in areas where forest resources have been depleted is encouraged.
2.18.4 Certain areas of the Township are highly susceptible to damage caused by forest, brush
and/or grass fires. Forest fire prevention and hazard reduction activities are desirable for
environmental, economic and social reasons.
2.18.5 Development of land adjacent to or within high fire risk areas should incorporate design
measures and construction techniques which will minimize damage resulting from a
forest, brush or grass fire. Such measures may include identifying access and escape
routes, layout of fire breaks, use of fire resistant construction materials and building and
property maintenance.
2.19 SENSITIVE AREAS
2.19.1 Sensitive areas are natural areas that may be impacted by development and have been
identified for natural and ecological functions and include such areas as wetlands,
wildlife and fish habitat areas, sites with (SEE MODIFICATION NO 3 rare and
endangered) plant, animal or fish species, and areas that have life science or earth science
values related to protection, scientific study or education. Fish, plant and wildlife species
on the endangered species list are protected by the Endangered Species Act.
2.19.2 Development may be permitted in sensitive areas (SEE MODIFICATION 4(a)) or
adjacent to sensitive areas provided that it is demonstrated to the satisfaction of the
Township that there will be no negative impact on the natural feature or ecological
function of the natural feature and possible mitigation measures that may be required to
protect against negative impacts are subject to the approval of the Township. A report
from a qualified consultant may be required to identify the impact on the natural features,
possible mitigation measures and where appropriate, the recommendations of the
consultant's report may be incorporated into a site plan agreement or zoning by-law
amendment. The Ministry of Natural Resources should be consulted for technical advice
and input prior to development approval being granted(SEE MODIFICATION 4(b)).
2.19.3 Agricultural activities are permitted to continue in sensitive areas and on adjacent lands.
2.19.4 New utilities/facilities should be located outside of the sensitive area.
2.19.5 The Ministry of Natural Resources is responsible for identifying and classifying
wetlands. Presently no wetlands have been classified in the Township as provincially
significant. Provincially significant wetlands will be added by an amendment, at the time
they are classified by the Ministry of Natural Resources or a Qualified Wetland
Evaluator. (SEE MODIFICATION 5)
2.20 WASTE DISPOSAL SITES
2.20.1 Development shall be prohibited on all waste disposal sites located in the Township,
including closed sites. Waste disposal sites are considered an industrial use. (SEE
MODIFICATION 6)
2.20.2 Development proposed within 500 meters of an existing or closed waste disposal cell
shall not be approved under a plan of subdivision, consent or building permit unless it can
be demonstrated that there is no evidence of leachate, methane gas migration or other
contaminants present in the soils or ground water supply to the satisfaction of the
Ministry of Environment and the Township of Lake of the Woods.
2.20.3 Prior to approving development to allow residential, institutional, recreational or parkland
uses on lands which may have been contaminated by previous uses, a Record of Site
Condition may be required to determine the extent of possible contamination, prepared
by a qualified consultant in accordance with the Ministry of Environment guidelines and
accepted by the Ministry of the Environment. If site restoration is required, it shall be
completed prior to development approval being given and in accordance with a site
remediation plan prepared consistent with the Ministry of Environment guidelines.
SECTION 3 - LAND USE POLICIES
3.1 GENERAL
3.1.1 Land use designations have been established for Township of Lake of the Woods. These
land use designations have related functions and do not ordinarily conflict with one
another. The Land Use Plan as detailed on Schedules "A-1" and "A-2" illustrate the land
use designations. Schedules "A-1" and "A-2" should be read together in conjunction with
the policies of Section 3.
3.1.2 The intent of this section of the Plan is to promote the optimum land use function by
minimizing land use conflicts and providing an attractive development pattern consistent
with existing land uses and economic development of the Township.
3.2 VILLAGE AREA
3.2.1 The Village area is that area located within the Village of Bergland and the Village of
Morson.
3.2.2 It is the objective of this Plan to:
(a)
ensure that an adequate supply of land to accommodate residential growth and the
demands for residential development in the Villages for at least ten (10) years is
provided;
(b)
ensure that new residential development or redevelopment is physically
compatible with the surrounding area and land use conflicts are minimized;
(c)
ensure, wherever possible, in the design of residential developments, the
protection and enhancement of the natural environment and amenities;
(d)
to encourage residential development to locate in the designated Village area;
(e)
encourage the provision of a sufficient level and variety of commercial activity
within the Township to satisfy the consumer demands of the residents;
(f)
ensure that commercial development does not have negative impacts on adjacent
land use, particularly residential uses; and
(g)
minimize the impact of industrial uses on surrounding areas, particularly on
residential uses and on the natural environment.
Permitted Uses
3.2.3 The permitted uses in the Village area include residential uses, rooming, boarding and
lodging houses including bed and breakfast establishments, garden suites, group homes,
home occupations and home industries.
3.2.4 Community recreational facilities, churches, nursery schools and day care and senior
centres, medical centres, elementary and secondary schools, other public and private
institutional uses may be permitted in the Village area provided there is no adverse or
negative impact on the surrounding residential uses with respect to noise, traffic, parking,
etc.
3.2.5 Local convenience commercial uses, retail business uses, offices, personal services,
restaurants, hotels, and automotive and equipment sales, service and retail and tourists
related commercial uses may be permitted within the Village area. The commercial uses
shall be of a size and scale that is compatible with the surrounding residential uses and
shall be subject to site plan control pursuant to Section 41 of The Planning Act.
3.2.6 Industrial uses which are not noxious or offensive in nature or would not create a
nuisance are permitted in the Village area subject to a zoning by-law amendment and
may include light manufacturing, processing, assembling, fabricating, servicing and
storage of goods and raw materials, warehousing, wholesaling and service sector
industries including transportation and communications.
Residential Development
3.2.7 It is recognized that the Village area is the area where residential development is
encouraged and will primarily locate. Residential development or redevelopment shall be
either by plan of subdivision or by consent. Consents to sever individual parcels will be
permitted when development by plan of subdivision is not necessary to implement the
policies of this Plan and the provisions of Section 51(24) of The Planning Act.
3.2.8 The following standards of residential amenity shall be provided for with any residential
development or redevelopment:
(a)
the provision of adequate access and parking for the development;
(b)
the provision of on-site landscaping, parks and amenity areas;
(c)
the provision of adequate separation distances and the placement of buffer
features between residential uses and different types of land uses; and
(d)
the development is to be adequately served by community facilities such as parks,
commercial uses, churches and school sites.
3.2.9 New lots for residential uses in the Village area should be of an appropriate size and
configuration to permit the installation of a private water supply and private sewage
disposal system approved by the public health authority and shall not be smaller than 0.4
ha (1 acre) in area.
3.2.10 The Township may require appropriate measures, i.e. fencing, berming, etc. to reduce the
effects of noise, dust, visual intrusion, vibration and other undesirable impacts of new
residential development or redevelopment and other environmentally incompatible land
uses in consultation with the Province.
Institutional Development
3.2.11 Institutional uses that provide local public services such as schools, public offices,
churches, medical centres and day care and senior centre facilities may be permitted in
the Village area in accordance with the following:
(a)
adequate parking is provided;
(b)
adequate buffering is provided;
(c)
the soil and ground water conditions are suitable for the provision of a potable
water supply and private sewage disposal system; and
(d)
an agreement pursuant to Section 41 of The Planning Act may be required;
Recreational/Open Space Development
3.2.12 Recreational uses and development shall compliment the natural environment and the
Village area.
3.2.13 The Township shall encourage accessibility for the physically challenged in the design
and development of parks, open space areas and recreational facilities.
Commercial Development
3.2.14 When considering an application to establish a commercial use or uses, the Township
shall have regard for the following:
(a)
the compatibility of the proposed use with the surrounding area;
(b)
the ability to provide adequate setbacks and appropriate landscaping and buffering
provisions to adjacent residential and institutional uses;
(c)
the physical suitability of the site for the proposed use;
(d)
the adequacy of the road system to accommodate access;
(e)
the suitability of the site to accommodate parking and loading facilities;
(f)
the convenience and accessibility of the site for both pedestrian and vehicular
traffic;
(g)
the suitability of the soil and ground water conditions regarding the provision of a
potable water supply and private sewage disposal system; and
(h)
the adequacy of utilities to service the proposed use(s).
3.2.15 Commercial uses are subject to site plan control pursuant to Section 41 of The Planning
Act.
3.2.16 The Township may consider accepting cash-in-lieu for parking spaces from new
commercial developments or commercial redevelopments if adequate parking exists in
the vicinity of the proposed development.
3.2.17 Residential uses may be permitted above or behind commercial uses subject to the
following criteria:
(a)
the residential use shall not detract from the prime function of the commercial
use;
(b)
amenity areas shall be provided for the residential use and shall be separate from
any public amenity area provided in conjunction with the commercial use; and
(c)
parking shall be provided for the residential use in conjunction with the
requirements for the commercial use.
3.2.18 Effort shall be made to minimize the number of entrances and exits to and from roads and
to segregate service and customer traffic. Where appropriate, joint entrances between
commercial uses shall be encouraged to minimize potential traffic conflicts.
Industrial Development
3.2.19 The industrial uses are intended to promote development through the expansion of the
existing industrial base and stimulation of new industrial growth.
3.2.20 Industrial uses shall have regard for the proximity of residential uses, exposure to major
roadways and Highway 11 and the degree to which the industrial use affects the physical
and aesthetic characteristics of the natural environment.
3.2.21 Industrial uses are subject to site plan control pursuant to Section 41 of The Planning Act.
3.2.22 Wherever industries abut residential, institutional, recreational or other similar uses,
adequate buffering will be required by measures such as landscaping, plantings, fencing
and separation distances in order to minimize the impact of the industrial activity
including visual appearance.
3.2.23 Industrial uses which are exposed to Highway 11 shall be developed in an attractive
manner to provide a positive statement to the Township. To achieve this, building and
site design shall have consideration of the following design standards:
(a)
open storage shall be prohibited unless it can be landscaped and screened to shield
the open storage areas from view and will not detract from the intended character
of the area;
(b)
parking and loading areas will generally be restricted to side and rear yards;
(c)
all industrial activities will be encouraged to locate within wholly enclosed
buildings unless it is essential for an activity to locate outdoors, in which case the
industrial use will be suitably screened and buffered from the Highway;
(d)
development or redevelopment of industrial uses shall comply with the applicable
standards of the Ministry of the Environment and Energy regarding emissions and
noise; and
(e)
where possible, joint entrances or service roads shall be encouraged to minimize
traffic conflicts.
3.3 RURAL AREA
3.3.1 It is the intent of this Plan to protect the rural character and environment of the Rural area
of the Township. The Township is capable of supporting development that is resource
and non-resource based. It is not realistic to attempt to precisely define where these uses
may best occur. Rather, a general Rural land use designation in which these uses can be
accommodated in accordance with the specific policies of this Plan, would allow
flexibility in determining the appropriate uses of land.
3.3.2 The Rural area is characterized as a low density, multi-purpose area in which a variety of
land uses can be accommodated in a compatible manner consistent with the rural
character of the Township.
3.3.3 It is the intent of the Rural land use designation to:
(a)
maintain the low density rural character of the Township;
(b)
provide flexibility by permitting a variety of land uses;
(c)
to allow development of natural resources and economic activities in a manner
compatible with the rural character; and
(d)
to protect existing agricultural operations from incompatible land uses, encourage
the preservation of agricultural lands for agricultural purposes and ensure their
long term viability.
3.3.4 While land in the Rural designation may be developed for a variety of uses, regard shall
be given to ensure that development is compatible with surrounding uses and appropriate
for the site before development approval is given. Development within the Rural area
shall not conflict with existing livestock operations and will comply with the Minimum
Distance Separation I criteria, as amended from time to time. In addition, new and/or
expansions to existing livestock operations will comply with the Minimum Distance
Separation II criteria, as amended from time to time.
Permitted Uses
3.3.5 Permitted uses in the Rural area include rural residential dwellings, farm related
residential
dwellings, agriculture,
greenhouses, horticulture,
recreational
uses,
institutional uses, commercial uses, including tourist commercial uses and industrial uses
including extraction and processing of peat for horticulture or fuel purposes, waste
disposal sites, pits and quarries. It is also the intent of the Rural designation to permit and
encourage such rural uses as forestry, resource management and conservation uses,
trapping and hunting, commercial fishing, baitfish harvesting, wildrice harvesting and
sustenance fishing by local First Nations.
Residential Development
3.3.6 Rural residential development and vacation homes shall be permitted in the Rural
designation on existing lots of record and on lots created through the consent and
subdivision process in accordance with the policies of this Plan (Section 2.3) and
provided that:
(a)
the new uses should be a reasonable distance and oriented away from industrial
uses to minimize the adverse effects of odour, dust, noise, vibration and other
contaminants. The Province should be consulted to obtain input with respect to
separation distances and buffering requirements for residential development
adjacent to industrial uses;
(b)
the new uses adjacent to aggregate operations shall be located a minimum of 60
meters from the side and rear lot lines abutting the aggregate operation. Existing
lots of record that cannot accommodate this standard shall be reviewed on a site
specific basis and may be considered appropriate provided the intent of the
separation distance and buffering is maintained;
(c)
the new uses should not conflict with existing agricultural facilities and will
comply with the Minimum Distance Separation I criteria, as amended from time
to time;
(d)
new lots should be an appropriate configuration and minimum area necessary for
the use permitted and the installation of a private water supply and sanitary
sewage disposal system approved by the public health authority. As a guideline,
the minimum lot is 0.4 hectares (1 acres) rural residential lots, provided it can be
demonstrated to the satisfaction of public health authority and the Township that
adequate area is available to permit the installation of a private septic system and
potable water supply in accordance with the public health authority's
requirements; and
(e)
rural residential development shall be of a scale and density that is appropriate for
the Rural area and not result in a concentration of development that may lead to
the demand for services over and above what the Township provides to the Rural
area.
3.3.7 Plans of subdivisions for rural residential purposes or vacation homes greater than 5 lots
shall require a planning justification study that addresses the need and scale of the
proposed development based on the following considerations:
(a)
demand for the type of development proposed;
(b)
the amount of developable land available within existing rural residential areas;
(c)
an evaluation of other sites available to accommodate the development within
other areas of the Township;
(d)
an evaluation of servicing considerations and the identification of the most
appropriate means to service the development in consideration of long term
servicing impacts, and impact on surrounding land uses;
(e)
the scale and design of the development is compatible with the surrounding
development and rural character in general;
(f)
any necessary infrastructure and public facilities can be provided or are available
to service the development in an efficient manner; and
(g)
the impact the development will have on the natural environment and the
identification and analysis of mitigation measures needed to address possible
adverse impacts the proposed development may have on the natural environment.
Agricultural Development
3.3.8 Agricultural parcels and farm operations shall be maintained in units which are large
enough to maintain flexibility to adapt to changing economic conditions of the
agricultural industry.
3.3.9 Permanent or portable farm help houses may be permitted for farm help where the size
and/or nature of the farming operation makes the employment of such help necessary and
where these additional dwellings do not have significant negative effect on the tillable
area of the farm or its viability. Farm help houses shall be constructed/erected in close
proximity to the principal farm buildings so that the farm help house is considered to be
an integral part of the farming operation. The farm help house may share services with
the principle residence provided clearance is obtained from the public health authority
that the septic system serving the principal residence has adequate capacity to
accommodate the farm help house. A farm help house shall not be constructed/erected
with the intention of severing it from the farming operation in the future.
Institutional Development
3.3.10 Institutional uses that provide local public services such as schools, public offices, and
churches may be permitted in the Rural area in accordance with the following:
(a)
adequate parking is provided;
(b)
adequate buffering is provided where necessary;
(c)
the soil and ground water conditions are suitable for the provision of a potable
water supply and private sewage disposal system;
(d)
an agreement pursuant to Section 41 of The Planning Act may be required; and
(e)
the lands to be developed be rezoned in conformity with the Comprehensive
Zoning By-law.
Recreation/Open Space Development
3.3.11 Lands used for public or private recreational purposes may be permitted in the Rural area
in accordance with the following provisions:
(a)
development shall only take place in areas suitable for the use taking into
consideration the location, surrounding uses, water quality, drainage, soil
conditions and traffic generation;
(b)
a site plan agreement pursuant to Section 41 of The Planning Act may be
required; and
(c)
the lands to be developed be rezoned in conformity with the Comprehensive
Zoning By-law.
3.3.12 In areas intended for recreational use in the vicinity of the Lake of the Woods or Little
Grassy River shoreline, the Township shall cooperate with the Ministry of Natural
Resources or other relevant agencies, in their efforts to establish recreational facilities
and functional water oriented open space network.
Commercial and Industrial Development
3.3.13 Commercial and industrial uses providing personal, professional or retail services, or
relating to agriculture or a natural resource, and recreational tourist commercial uses may
be permitted in the Rural area provided that:
(a)
only dry uses are permitted on lots services by private individual sewage and
water services. Dry uses are considered to be uses which use water for domestic
purposes only and which result in the production of domestic sewage. Domestic
sewage includes sewage originating from human body waste, toilet waste, waste
from showers and tubs, liquid and waterborne kitchen and sink water and laundry
waste. Domestic waste does not include plant or chemical effluent used in a
manufacturing process. Other uses may be permitted provided it can be
demonstrated by the proponent to the satisfaction of the public health authority,
that there is an adequate supply and source of water, an acceptable treatment of
waste water is provided and there is no adverse environmental impact on
surrounding uses:
(b)
the use is located on a provincial highway or on an open road maintained year
round by the Township;
(c)
buffering to the satisfaction of the Township shall be provided where a commercial
or industrial use is located adjacent to a residential or recreational use;
(d)
there is no adverse impact on the amenity and character of the rural environment;
(e)
adequate parking and loading facilities are provided;
(f)
a site plan agreement pursuant to Section 41 of The Planning Act is required; and
(g)
the lands to be developed be rezoned in conformity with the Comprehensive
Zoning By-law.
3.3.14 Aggregate extraction operations shall be permitted in the Rural area provided that:
(a)
the operation is compatible with surrounding land uses;
(b)
adequate buffering is provided;
(c)
(SEE MDFCTIN NO 7)a site plan agreement pursuant to Section 41 of The
Planning Act is required. The agreement shall address the following matters, but
not be limited to:
i)
hours of operation;
ii)
location of proposed buildings, machinery and equipment;
iii)
setbacks, landscaping and buffering;
iv)
storm water management;
v)
existing and anticipated final grades of excavation;
vi)
access/egress;
vii) haulage routes;
viii) improvements/maintenance to Township roads as a result of increased
truck traffic on existing roads; and
ix)
site rehabilitation.
(d)
(SEE MDIFICTION NO 8)there is a need for the aggregate extraction
operations;
(e)
the Province is satisfied with respect to the disposal of liquid wastes, pumping
operations and the control of air and noise pollution, among other matters;
(f)
no building, equipment, machinery or stockpiling of material is allowed:
i) within 30 meters of a lot line of an adjacent lot used for residential,
recreational, institutional or commercial purposes;
ii) within 30 meters of the Village area;
iii) within 30 meters of any road or road allowance; and
(g)
no excavation of material is allowed:
i) within 60 meters of a lot line of an adjacent lot used for residential,
recreational, institutional or commercial purposes;
ii) within 60 meters of the Village area;
iii) within 30 meters of any road or road allowance; and
(h)
a quarry with blasting operations is to be setback a minimum of 450 meters from
a residential building.
3.3.15 Aggregate processing operations, such as crushing, screening and washing of aggregate
products are considered an accessory use to an aggregate extraction operation and may be
permitted provided setbacks for buildings, machinery and equipment from lot lines is determined
on a site specific basis in consultation with the Township and with the Ministry of the
Environment through the issuance of a Certificate of Approval.
3.3.16 Related aggregate industrial uses such as asphalt plants, concrete batching plants and
aggregate recycling operations may also be permitted provided they are compatible with
adjacent land uses and setbacks and location of buildings, equipment and machinery is
determined on a site specific basis in consultation with the Township and with the
Ministry of the Environment through the issuance of a Certificate of Approval.
3.3.17 Forestry activities includes the production of wood and wood products, provision of
proper environmental conditions for wildlife, protection against floods and erosion,
recreation and protection and production of water supplies. The processing of forest
products is considered an industrial use and subject to the policies of 3.3.13.
3.3.18 Small scale processing of forest products, such as portable sawmill operations, are
considered an industrial use and may be permitted provided that no equipment or
machinery is located:
(a)
within 60 meters of a residential lot or a lot used for recreational, institutional or
commercial uses;
(b)
within 30 meters of any road or road allowance; and
(c)
SEE MDIFICTION NO 9 a site plan pursuant to Section 41 of the Planning Act
is required.
3.4
ISLAND AREA
3.4.1 The Island Area on Schedules "A-1" and "A-2" includes the islands and that portion of
the Aulneau Peninsula in the Lake of the Woods that are within the Township's
jurisdiction.
3.4.2 It is the objective of this Plan to:
(a) provide opportunities for development on the islands that is compatible with
the natural environment and amenities of the Lake;
(b) to provide opportunities to enhance and increase the awareness of the
recreational and educational aspect of development on the islands;
(c) to minimize the impact of new development may have on the natural
environment and water quality of the Lake; and
(d) to provide adequate sewage services for island developments.
Permitted Uses
3.4.3 The permitted uses in the Island area include residential uses, tourist commercial uses,
recreational uses, parks, open space, conservation uses and fisheries.
Development Policies
3.4.4 Access to the islands is restricted to water access only.
3.4.5 All new lot creation in the Island area shall be either by consent or by plan of subdivision.
3.4.6 Suitable public parking, boat launching and wharfage facilities and waste disposal
facilities on the mainland shall be provided for all new development on the Island area.
3.4.7 Any new development on the islands below the 324.6 GSC elevation shall be subject to
the policies of Section 3.5.2.
3.4.8 Development that degrades the water quality to unacceptable standards or impairs fish
habitat areas shall be restricted.
3.4.9 When considering an application to establish a residential use or uses, the Township and
the applicant shall have regard for the following provisions:
(a)
the need for the type of development proposed;
(b)
an evaluation of servicing considerations and the identification of the most
appropriate means to service the development in consideration of long term
environmental impacts;
(c)
the physical suitability of the site for the proposed use; and
(d)
the location and suitability of the mainland site to accommodate the proposed
parking, docking and waste disposal facilities.
3.4.10 When considering an application to establish a tourist commercial use or uses, the
Township and the applicant shall have regard for the following:
(a)
the compatibility of the proposed use with the surrounding natural area;
(b)
the ability to provide adequate setbacks and appropriate landscaping and buffering
provisions to reduce nutrient loading of the Lake;
(c)
the physical suitability of the site for the proposed use;
(d)
the location and suitability of the mainland site to accommodate the proposed
parking, docking and waste disposal facilities;
(e)
an evaluation of servicing considerations and the identification of the most
appropriate means to service the development in consideration of long term
environmental impacts; and
(f)
the adequacy of utilities to service the proposed use.
3.4.11 Tourist commercial uses are subject to site plan control pursuant to Section 41 of The
Planning Act.
3.4.12 Recreational uses and development should increase public access to the islands and shall
compliment the natural environment and amenities of the Lake. Those uses that provide
for educational opportunities are encouraged.
3.5 HAZARD LANDS
3.5.1 On lands designated Hazard Lands on Schedules "A-1", "A-2" and "A-3", the permitted
uses shall be shoreline protection works, floodplain protection works, fisheries
management, wildlife management, waterfowl production, forestry, agriculture, and
public and private parks including boat launching facilities.
3.5.2 The Lake of the Woods Control Board is responsible for the regulation of the water level
and outflow of Lake of the Woods. The Board has established that all lands along the
shoreline of the Lake on both the mainland and on the islands of the Lake below the
324.5 (Geodetic Survey of Canada Datum) are prone to the hazards of flooding and wave
up-rush and are considered to be in the Hazard Area designation. Development below the
324.6m GSC elevation is restricted and shall be limited to non-habitable structures only,
i.e. docks, boat houses, decks, etc. These structures however, will be at risk due to the
flooding hazards, wind setup and wave action. The Lake of the Woods Control Board and
the Province should be consulted prior to the construction of any new docks, boathouses
or other structures within the floodway or below the 324.6m GSC elevation.
3.5.3 Certain areas of the eastern shoreline of Lake of the Woods above the 324.6m GSC
elevation and the Grassy River are subject to erosion hazards and are considered to be in
the Hazard Area designation. New development in areas subject to erosion hazards may
be permitted subject to the findings and recommendations of an erosion potential
analysis. The placement of fill and erosion protections works will be considered if they
are properly designed by a qualified shoreline management engineer and there is
provision for ongoing monitoring and maintenance. The Lake of the Woods Control
Board and the Province shall be consulted prior to the placement of fill, erosion
protection measures or development being approved in these areas.
3.5.4 Any development which involves the channelization, diversion, damming, walling and
dredging of a natural watercourse, or the installation of a culvert, causeway or dock, is
subject to the approval of the Province in accordance with the provisions of the Lakes
and Rivers Improvement Act and/or the Public Lands Act and the Ontario Water
Resources Act.
3.5.5 Existing uses shall be recognized despite the natural hazardous characteristics of the land.
Expansions to such uses will, however, be discouraged unless they involve the following:
(a)
reconstruction and/or minor alterations to existing buildings or structures, storage
sheds, which are approved by the Province and/or the Lake of the Woods Control
Board; and
(b)
additions or extensions, including new structures to existing agricultural
operations which are not likely to incur significant flood damage or will not result
in impediments to flow or floodwater storage, which are approved by the
Province and/or the Lake of the Woods Control Board.
3.5.6 Any applications to re-designate Hazard Lands will be carefully reviewed and shall not
adversely impact on the natural environment. The Township shall, in conjunction with
the Province, and the Lake of the Woods Control Board, require the proponent of an
application to submit a study prepared by a qualified specialist to address the following
considerations:
(a)
a description of the natural environment, hazard condition and existing physical
characteristics;
(b)
a description of the proposed development and potential effect on the natural
environment and hazard condition;
(c)
a description of the costs and benefits in terms of economic, social and
environmental terms of any engineering works and/or resource management
practices needed to mitigate the hazard condition and potential effects; and
(d)
an evaluation of alternatives including other locations for the proposal.
3.5.7 Hazard Lands may not be considered acceptable as part of a parkland dedication pursuant
to The Planning Act.
3.5.8 Property owners are encouraged to provide a coordinated approach to the use of land and
management of water in areas subject to flooding and erosion in order to minimize social
disruption in consultation with the Province and the Lake of the Woods Control Board.
SECTION 4 - COMMUNITY SERVICES AND FACILITIES
4.1 GENERAL
4.1.1 The intent of this Plan is to maintain a level of public service that is appropriate for the
rural character and environment of the Township of Lake of the Woods.
4.1.2 The objectives of this section of the Plan is to provide policies that will ensure adequate
services are provided that recognize the Township's financial capabilities and not place
undue strain on the Township's financial resources.
4.1.3 The use of alternative development standards is encouraged for new development and
redevelopment provided that the standard of development allows for flexibility and
adaptability in design and enhances the liveability of the proposal, provides cost
efficiency in the delivery of services and supports the principles of environmental
sustainability.
4.2
ROADS
4.2.1 Safe and efficient movement of people and goods within the Township and to and from
adjacent municipalities is encouraged by this Plan. The road system should safely serve
the Township but should not be developed to a standard or extended beyond which would
result in a burden to the residents and taxpayers of the Township.
4.2.2 The classification of roads in the Township are as follows:
(a)
Provincial Highways - this system of roads applies to all numbered provincial
highways under the jurisdiction of the Ministry of Transportation. Access to
provincial highways is permitted provided the entrance meets the minimum safety
and geometric requirements of the Ministry of Transportation; and
(b)
Township Roads - this system of roads applies to all roads under the jurisdiction
of the Township of Lake of the Woods. The Township is responsible for the
maintenance of all roads within its jurisdiction. The primary purpose of Township
roads is to facilitate local travel and areas for development. Direct access to
Township roads is normally permitted from any abutting lot provided there are
adequate sight lines, suitable grades and the access will not cause traffic hazards.
(c)
Private Roads - this system of roads applies to those roads not under the
jurisdiction of the Province or the Township but rather are privately owned and
maintained and provide access to private properties. Private roads will not be
assumed by the Township as part of the Township road system unless the road is
designed and constructed to approved municipal standards and is in a condition
suitable for assumption into the municipal road system.
4.2.3 It is the intent of this Plan to restrict development of new roads and restrict new
development to the existing road system on the mainland unless future development
proceeds by plan of subdivision.
4.2.4 Should the construction of a new road or extension of an existing road be warranted, the
road shall be designed and constructed to meet approved standards and the road shall be
suitable for assumption into the Township road system.
4.2.5 The Township of Lake of the Woods is not responsible for the costs associated with the
design and construction of new roads or the extension of existing roads or the costs of
providing entrances from existing or new roads. These costs are the direct responsibility
of the proponent for the new road, road extension or entrance.
4.2.6 Unless it is clearly in the public interest, private roads will not be assumed by the
Township into the Township road system. The Township is not responsible for upgrading
of private roads to an approved standard acceptable for assumption into the municipal
road system. These costs are the direct responsibility of the owner(s) of the private road.
4.2.7 Year-round maintenance will be provided on all Class M3, M4 and M5 Township roads
(excluding seasonal roads) under the jurisdiction of the Township of Lake of the Woods.
4.2.8 The right-of-way width of Township roads shall be a minimum of 20 meters (66 feet). As
a condition of development approval, the Township may require the dedication of road
widenings to achieve the 20 meter (66 feet) road right-of-way widths where they
presently do not exist. All new roads developed by the Township shall be planned in
accordance with the appropriate Class Environmental Assessment under the
Environmental Assessment Act.
4.3 WATER SUPPLY
4.3.1 The source of water supply in the Township of Lake of the Woods is generally from
private individual wells. It is intended that the responsibility for water supply in the
Township will be with each property owner.
4.3.2 The provision of a piped municipal water distribution and treatment system is not
envisioned over the life of this Plan. The responsibility for the provision of potable water
is with the individual property owners.
4.3.3 Individual private wells serve as an adequate supply of water for the Village and Rural
areas of the Township. It is intended that lot sizes remain large enough to ensure that
private wells remain the source of water in the Village and Rural areas the Township.
4.3.4 In the Island area, water supply is either directly from the Lake or from private individual
wells. In order to ensure a potable water supply on the islands, development that degrades
the water quality of the Lake below an acceptable standard is not permitted. The public
health authority and the Ministry of the Environment should be consulted regarding
potable water conditions on the Lake. Any surface waters used for domestic purposes
should be filtered and treated prior to human consumption.
4.4 SEWAGE DISPOSAL
4.4.1 Private individual septic tanks and tile field systems are the means of sewage disposal in
the Township. Each individual property owner is responsible for the provision of private
sanitary sewage disposal approved by the public health authority or the Township as
designated by the Ministry of the Environment.
4.4.2 It is intended that lot sizes remain large enough and soil conditions are suitable to allow
the safe and efficient operation of individual private sewage disposal systems. Private
sewage disposal systems will remain the source of sewage disposal in the Village, Rural
and Island areas of the Township.
4.5 NON-HAZARDOUS SOLID AND LIQUID WASTE DISPOSAL
4.5.1 No additional solid waste disposal sites or expansions to the existing facilities are
anticipated over the life of this Plan.
4.5.2 If additional solid waste disposal sites are required or an expansion to an existing facility
is required, these sites shall be planned in accordance with the requirements of the
Environmental Assessment Act and should:
(a)
avoid areas of high ground water;
(b)
maintain an adequate separation and buffer from all existing development;
(c)
avoid pollution of the ground water and watercourses; and
(d)
be approved by the Ministry of the Environment.
4.5.3 Liquid waste disposal sites may be permitted subject to an amendment to this Plan and
provided the applicant has demonstrated to the satisfaction of the Ministry of the
Environment that the facility may be established without adverse impacts on surrounding
land uses and the natural environment. A Certificate of Approval from the Ministry of
Environment is required for all liquid disposal sites.
4.6 COMMUNITY FACILITIES AND SERVICES
4.6.1 The existing services provided by the volunteer fire departments, the Ontario Provincial
Police and other provincial agencies are considered adequate to meet the needs of the
residents of the Township.
4.6.2 The existing public facilities serving the residents of the Township fulfill the educational
needs of the residents for the foreseeable future.
4.6.3 The existing community centres, recreation and open space facilities that are available to
the residents of the Township are considered suitable. However, with increased
population growth, in both permanent and temporary population, additional recreational
and open space facilities may be required.
4.6.4 It is the intent of this Plan to encourage the provision of additional public and private
recreational and open space facilities at appropriate locales for use by the Township
residents and tourists, especially along the shoreline of the Lake of the Woods and the
Grassy River.
4.6.5 It is the intent of this Plan, that new public and private recreational opportunities shall not
provide an undue financial burden on the Township.
SECTION 5 - IMPLEMENTATION AND ADMINISTRATION
5.1 THE TOWNSHIP'S ROLE IN IMPLEMENTATION
5.1.1 This Official Plan shall be implemented by means of the powers conferred to the
Township of Lake of the Woods by The Planning Act and other statutes which may be
applicable. In particular, the Plan shall be implemented through:
(a)
the preparation, adoption and enforcement of zoning by-laws where deemed
appropriate;
(b)
the preparation, adoption and enforcement of other land use planning provisions
such as property maintenance and occupancy standards by-laws, interim control,
temporary use by-laws, holding by-laws and minor variances where deemed
appropriate;
(c)
the consent and subdivision approval process; and
(d)
the site plan control process.
5.2 PUBLIC WORKS
5.2.1 Any public works within the Township of Lake of the Woods shall conform to the
policies of this Plan, in accordance with Section 24 of The Planning Act and shall be
planned and implemented in accordance with the applicable Class Environmental
Assessment under the Environmental Assessment Act, as amended.
5.3 NON-CONFORMING USES
5.3.1 Where a legally existing use of land does not comply with the land use designations and
policies of this Plan, it will be permitted provided that:
(a)
there is no change in use or performance standard that may aggravate or cause
conflicts with adjacent complying uses;
(b)
the use of land will not constitute a danger or nuisance to surrounding uses and
persons by virtue of a hazardous nature, poor property conditions, traffic
generation or similar characteristics;
(c)
there is no pollution of air or water to the extent of interfering with the ordinary
enjoyment of the property and surrounding uses;
(d)
the use does not interfere with the desirable development of the surrounding area
that is in conformity with this Plan; and
(e)
where the existing use is discontinued for more than one (1) year, it will be
permitted only in accordance with the policies of this Plan.
5.3.2 It is the intention that non-conforming uses will cease to exist in the long term.
5.3.3 Extensions or enlargements of the land, building or structure of a legal non-conforming use
may be permitted provided that:
(a)
the proposed extension or enlargement will not unduly increase any existing
nuisance as a result of the use, particularly as it may affect adjacent residential
uses; and
(b)
the extension or enlargement will not create any new nuisance in addition to those
in existence as a result of the current use.
5.3.4 The repair or replacement of a legal non-conforming use may be permitted provided that:
(a)
the repair or replacement will not unduly increase any existing nuisance as result
of the use, particularly as it may affect adjacent residential uses; and
(b)
the repair or replacement will not create any new nuisance in addition to those in
existence as a result of the current use.
5.4 PUBLIC PARTICIPATION
5.4.1 The Township intends that the public be involved in the formulation and implementation of
planning policies. To this end, the Township shall notify and seek the views and
participation of the public prior to making decisions regarding planning amendment and
development applications pursuant to the provisions of The Planning Act.
5.4.2 The Township may forego public notification and public meetings in connection with a
technical official plan amendment if such amendment will not affect the provisions and
intent of the Official Plan, or amendments thereto, and may include the following
matters:
(a)
altering the number and arrangement of any provision;
(b)
correcting punctuation or altering language to obtain a uniform mode of
expression;
(c)
correcting clerical, grammatical, dimensions or typographical error;
(d)
effecting changes in format; and
(e)
consolidating previous amendments into the parent document.
5.5 OFFICIAL PLAN - AMENDMENTS AND REVIEW
5.5.1 No developments or activities shall occur which contravene the intent and policies of this
Plan.
5.5.2 Developments or activities deemed beneficial to the Township, but not in conformity
with the Plan, shall require an amendment to the Official Plan before proceeding.
5.5.3 The Official Plan shall be amended to reflect the policies of the Township and the
changing needs of the Township.
5.5.4 The Plan shall be subject to a continual review by the Township. Whenever it is
necessary to refine existing policies or amend, delete or add policies based on new
information or trends, this shall be done by amendment to the Official Plan.
5.5.5 The Official Plan shall be subject to a formal review by Council at least once every 5
years pursuant to Section 26 of The Planning Act.
5.5.6 Prior to considering an amendment to this Plan, the Township shall pre-consult with the
Ministry of Municipal Affairs and Housing and any other person or public body that
Council considers to have an interest in the amendment, pursuant to Section 17(21) of
The Planning Act, to ensure that provincial interests are considered.
5.6
ZONING BY-LAW
5.6.1 A Zoning By-law may be prepared to conform with the Official Plan. The Zoning By-law
divides the lands within the Township into zones, each of which will have regulations to
control the use of the lands and use, character and location of buildings and structures
built upon the land.
5.6.2 A Zoning By-law is one of the main methods of implementing the Official Plan policies
and lands are zoned for purposes compatible and in conformity with the Official Plan.
5.6.3 Any amendments to a Zoning By-law shall be in conformity with the Official Plan.
5.6.4 Council may conserve and protect archaeological resources by adopting zoning by-laws
pursuant to Section 34(1) (3.3) of The Planning Act, to restrict land use activities on a site
containing known significant archaeological resources.
5.7
STREAMLINING REVIEWS OF PLANNING APPLICATIONS
5.7.1 The Province has implemented a "one window" planning service for provincial review
and approval of municipal planning applications at the Ministry of Municipal Affairs and
Housing. The "one window" approach will allow for a coordinated provincial input at the
pre-adoption stage. The Ministry of Municipal Affairs and Housing will rely on the
expertise of other ministries as required.
5.7.2 The Township is responsible for the review of consent applications and to provide a
coordinated assessment and review of individual consent applications, the Township will
undertake a municipal plan review regarding the protection of municipal and provincial
interests and will rely on the expertise of other ministries as needed.
5.8
PARKLAND DEDICATION
5.8.1 The dedication of lands or acceptance of cash-in-lieu of the land dedication for
recreational purposes as a result of new development or redevelopment of land shall be in
accordance with the following requirements:
(a) the development or redevelopment of land for residential purposes may require a
land dedication to the Township at a standard of 5% of that land being developed
or redeveloped or cash-in-lieu based on 5% of the value of the land; and
(b)
development or redevelopment of land for commercial or industrial purposes may
require a land dedication to the Township at a standard of 2% of the land being
developed or redeveloped or cash-in-lieu based on a value of 2% of the land.
5.8.2 To ensure that parkland dedications are of an acceptable quality, all sites dedicated as
parkland must be accepted by the Township and satisfy the following criteria:
(a) be relatively level and are not required for drainage purposes, nor contain lands
susceptible to flooding, having steep slopes or other physical features which are
unsuitable for open space or park development;
(b) be located within the community context to provide convenient pedestrian and
vehicular access;
(c) provide a reasonable park configuration to accommodate the dimensions and shape
of large playing fields, i.e. soccer fields, baseball fields, etc.;
(d) have adequate access;
(e) be provided with basic service requirements; and
(f) be developed in accordance with the Township's parkland standards.
5.9 IMPLEMENTING COMMUNITY IMPROVEMENT POLICIES
5.9.1 The Township of Lake of the Woods may wish to implement Community Improvement
Policies where appropriate and these shall include:
(a)
use of authority granted under Section 28 of The Planning Act, to designate a
Community Improvement Area, develop Community Improvement Plans and
acquire and redevelop land; and
(b)
enforcement of the Property Maintenance and Occupancy Standards By-law;
(c)
encouragement of activities aimed at developing the economic viability and
attractiveness of the Township including the participation in and support of
Federal and Provincial community improvement programs.
5.10
FEES
5.10.1 Pursuant to Section 69 of The Planning Act, the Township of Lake of the Woods may
prescribe tariff of fees through a Tariff of Fee By-law for the processing of applications
made in respect of planning matters, such as Official Plan amendments, zoning by-law
amendments, consents subdivision applications, minor variances or any other planning
matter.
5.10.2 The Tariff of Fee By-law shall prescribe the fees to be charged for processing
applications in respect of planning matters and shall also indicate the authority to which
the fee is payable.
5.11 MINOR VARIANCE
5.11.1 The Township may recommend minor variances for relief from regulations to a Zoning
By-law, in accordance with Section 44 of The Planning Act, the rules of procedure and
regulations issued by the Minister under The Planning Act and the policies of this Plan.
5.11.2 The Township may also recommend minor variances to other by-laws, such as Interim
Control by-laws and the Property Maintenance and Occupancy Standards By-law where
it is deemed appropriate.
5.12 TEMPORARY USE BY-LAWS
5.12.1 Pursuant to Section 39 of The Planning Act, the Township of Lake of the Woods may
approve the use of land, buildings or structures for a temporary use not considered to be
of a permanent nature which shall be for uses that will not preclude the future
development of any lands for their most appropriate use, as defined by the Official Plan.
5.12.2 The Township shall consult with property owners and any other agencies or individuals
who might have knowledge of when conditions might suit the development of the
property, in accordance with the Official Plan, prior to approval of a Temporary Use By-
law.
5.12.3 Only uses which will not create land use conflicts or disrupt the use and development of
neighbouring properties shall be authorized by Temporary Use By-laws.
5.12.4 Notwithstanding the policies of this Plan, temporary uses that are not otherwise permitted
by the Official Plan as permanent uses, may be permitted by Temporary Use By-laws,
subject to the above.
5.13 HOLDING PROVISIONS
5.13.1 In accordance with Section 36 of The Planning Act, the Township may approve a by-law
which identifies a use of land but prohibits the actual development of this land until a
later date when identified conditions have been met.
5.13.2 During the interim period, when the holding provision is in place, uses permitted on the
affected lands are limited to existing uses only.
5.13.3 Prior to the removal of the holding symbol, the Township must be satisfied that the
following conditions have been met:
(a)
that servicing requirements for the subject lands are in place;
(b)
that any impacts on surrounding lands can be mitigated through the use of site
plan control or other design requirements; or
(c)
that a site plan agreement has been executed in accordance with the policies of
this Plan and The Planning Act.
5.13.4 It shall be the responsibility of the applicant requesting the removal of the holding
symbol to demonstrate that the conditions for the removal of the holding symbol have
been satisfied.
5.14 INTERIM CONTROL
5.14.1 In areas where the Township wishes to review the existing land uses or establish new
planning policies and where a study of land use planning policies for the area has been
directed, the Township may approve an Interim Control By-law.
5.14.2 The Interim Control By-law restricts the use of lands to its present use until the required
studies are completed, at which time the Official Plan may require an amendment or a
Zoning By-law may be required to reflect the findings of the study and desired use.
5.14.3 Pursuant to Section 38 of The Planning Act the length of time the Interim Control By-law
is in effect shall be specified in the by-law and shall not exceed one (1) year from the date
of approval of the by-law. The Interim Control By-law may be amended to extend the
period of time the by-law is in effect provided the total period of time does not exceed
two (2) years from the approval of the by-law.
5.15 SITE PLAN CONTROL
5.15.1 The Official Plan may be implemented through the use of site plan control subject to the
provisions of Section 41, of The Planning Act. All of the area affected by the Official
Plan shall be deemed to be a site plan control area with the exception of single and two
unit residential dwellings and agricultural operations.
5.15.2 The goals of implementing site plan control are to:
(a)
ensure safe and efficient vehicular and pedestrian patterns;
(b)
ensure that development will not have a detrimental visual impact on adjacent
uses;
(c)
ensure industrial and commercial developments do not reduce the enjoyment of
adjacent lands; and
(d)
ensure parking, lighting, storage, loading facilities and garbage disposal areas are
located in a manner that does not negatively impact on traffic flows or create
adverse visual impacts.
(e)
ensure on-site drainage and grading is adequately provided; and
(f)
ensure possible natural heritage features are protected and the proposed
development is protected from natural hazards.
5.15.3 A Site Plan Control By-law may require site plans and/or detailed drawings of a proposed
development to be submitted for approval by the Township. Such site plans and/or
drawings will show any or all the required information deemed necessary from the items
listed in policy 5.15.4.
5.15.4 Prior building, the applicant may be required to enter into a site plan agreement with the
Township which may address one or more of the following matters:
(a)
widenings to any roads or highways that abut the lands subject to the application.
Any proposed widenings requested must be shown on the site plan drawing;
(b)
provision of sufficient parking, access driveways, loading areas and similar
matters;
(c)
the construction of walkways, ramps and pedestrian access;
(d)
proper lighting of buildings and lands;
(e)
the provision of adequate landscaping and buffering in the form of trees, shrubs,
fences, and/or berms;
(f)
storage and collection areas and other facilities and enclosures for the storage of
garbage and other waste material;
(g)
the conveyance of any easements for the construction, maintenances and
improvements of any drainage works and other public utilities;
(h)
adequate drainage and management of surface storm water and waste water from
the lands, buildings or structures; and
(i)
the location of all buildings and structures to be erected and the location of all
facilities and works to be provided in conjunction with the buildings and
structures.
5.16 PROPERTY MAINTENANCE AND OCCUPANCY STANDARD BY-LAW
5.16.1 The Township is committed to the maintenance and development of a safe, healthy and
attractive environment. The Township may adopt a By-law pursuant to Section 31 of The
Planning Act, which sets out standards for the maintenance and occupancy of property
and prohibits the use of property which does not conform with the standards. The By-law
shall require that all substandard properties be repaired in conformance with the By-law
or be cleared of all buildings, debris, structures or refuse and left in a graded and leveled
condition. The By-law shall specify the manner in which the By-law will be administered
and enforced.
5.16.2 The above By-law may address the following items:
(a)
the physical condition of yards and passageways, including an accumulation of
debris and rubbish and discarded motor vehicles and trailers;
(b)
the adequacy of sanitation, including drainage, waste disposal and garbage;
(c)
the physical condition of accessory buildings; and
(d)
the physical condition of all buildings and dwellings.
5.16.3 After passing the above By-law, a Property Standards Officer shall be appointed and a
Property Standards Committee shall be established. The appointment and responsibility
of the Property Standards Officer and Property Standards Committee shall be in
accordance with Section 31 of The Planning Act.
5.17 AGENCY NAMES AND RESPONSIBILITIES AND LEGISLATION
5.17.1 From time to time, the names of various government ministries and agencies may change.
In addition, responsibilities may shift from ministry to ministry. The names of the
various ministries responsible for the programs, regulations and approvals are given in
this Plan as of the date of adoption of this Plan. It is not intended to amend this Plan each
time a change in name or responsibility occurs. Rather, this Plan shall be interpreted so as
to refer to those agencies named, or their successors, as conditions dictate.
5.17.2 From time to time Provincial and Federal statutes are amended and section numbers are
changed. It is not intended to amend this Plan each time such a change is made. This
Plan shall be interpreted so as to refer to legislation as amended from time to time.
5.18 LAND USE BOUNDARIES
5.18.1 It is intended that the boundaries of the land use designations, shown on the attached
Schedule, be considered as approximate and absolute only where bounded by public
roads, rivers, streams or other similar geographical barriers. Therefore, amendments to
the Plan will not be required in order to make minor adjustments to the approximate land
use boundaries, provided that the general intent of the policies is preserved. Such minor
deviations will not be reflected on the Schedules.
SCHEDULE A-1 LAND USE PLAN - TOWNSHIP OF LAKE OF THE WOODS (Mainland)
SCHEDULE A-2 LAND USE PLAN - TOWNSHIP OF LAKE OF THE WOODS (island area)
APPENDICES
APPENDIX A
Definitions
Agricultural uses: means the growing of crops, including nursery and horticulture crops;
raising of livestock and other animals for food or fur, including poultry and fish; acquaculture;
peat extraction; agroforestry, maple syrup production; and associated on-farm buildings and
structures.
Areas of archaeological potential: means areas with medium or high potential for the
discovery of archaeological resources. This potential is based on the presence of a wide range of
geographic and historical features which influence past settlement. Archaeological potential is
confirmed through an archaeological assessment.
Built heritage resource: means one or more buildings, structures, monuments, installations or
remains associated with architectural, cultural, social, political, economic or military history and
identified as being important to a community.
Contaminated sites: means sites that have been contaminated from past activities related to, but
not limited to, industrial, transportation or utility purposes including municipal and MTO
refuelling yards, rail yards, waste disposal sites, land used for intensive agricultural uses such as
green houses, commercial uses such as gas stations, auto repair shops, dry cleaning plants and
lands where filling may have occurred..
Cultural heritage resource: means a defined geographic area of heritage significance which
has been modified by human activities. Such an area is valued by a community and is of
significance to the understanding of the history of a people or place and may include, but are not
restricted to, archaeological sites, cemeteries and unmarked burials, buildings and structural
remains of historic and architectural value and man-made rural and village districts or landscapes
of historic and scenic interest.
Development: means the creation of a new lot, a change in land use, or the construction of
buildings and structures, requiring approval under The Planning Act but does not include
activities that create or maintain infrastructure authorized under an environmental assessment
process or works subject to the Drainage Act.
Floodway: means that portion of the floodplain where development and site alteration would
cause a danger to public health and safety or property damage. Along the Lake of the Woods
shoreline is that area below 324.6m (Geodetic Survey of Canada Datum) elevation.
Garden Suite: means a small self-contained secondary dwelling sometimes referred to as a
"granny flat" that is designed to be portable. Each unit must have its own kitchen, bathroom and
living area. In most cases the water and sewer services are connected to those of the main
dwelling. The garden suite must be able to be removed when it is no longer needed.
Group Home: means a housekeeping unit in a residential dwelling licensed by the Province in
which a maximum of 5 (5) residents, excluding staff, live as a family under responsible
supervision.
Hazardous site/hazardous land: means unstable lands or areas subject to change as a result of
naturally occurring hazards such as erosion, flooding, unstable slopes and steep banks, unstable
soils or bedrock.
Home industry: means the use of part of a dwelling unit or an accessory building to a dwelling
unit for an industrial use by one of the permanent residents of the dwelling unit which is
secondary to the main use of the dwelling unit or agricultural operation and may include
photography, upholstery, weaving, dressmaking, animal hospital, wood-working shop, carpentry
shop, trucking operation, machine shop, blacksmith shop, etc.
Home occupation: means an occupation, trade, business, profession or craft which is clearly
secondary to the main use of the dwelling unit and carried out entirely within part of a dwelling
unit by at least one of the permanent residents of such dwelling unit and may include
hairdressing, accounting/bookkeeping, medical/dental practitioner, drafting, word processing,
etc.
Infrastructure: means physical structures that form the foundation for development.
Infrastructure includes sewage and water works, waste management systems, electrical power,
communications, transit and transportation corridors and facilities, and oil and gas pipelines and
associated facilities.
Livestock facilities: means livestock barns where animals and poultry are housed including beef
feedlots and associated manure storage.
Minimum distance separation formulae: means formulae developed by the Province to
separate uses so as to reduce incompatibility concerns about odour from livestock facilities and
other land uses.
Natural heritage features: means features and areas such as significant wetlands, fish habitat,
significant portions of a habitat or endangered 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 landscape of an area.
Portable asphalt plant: means a facility with equipment designed to heat and dry aggregate and
to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process. A portable asphalt plant is not of
permanent construction, but is designed to be dismantled and moved to another location as
required.
Residential infilling: means the creation of a lot in an area of agricultural activity between two
existing non-farm residences on separate lots which are situated on the same side of the road and
not more than 100 meters apart. The creation of lots through residential infilling shall not
interfere with or have negative impacts on the normal farming practices of surrounding
agricultural operations.
Residential intensification: means the creation of new residential unit or accommodation in
existing buildings or on previously developed, serviced land and includes infill, accessory
apartments and rooming houses.
Significant: in regard to natural heritage features, mean ecologically important features,
functions, representations or amount and contributing to the quality and diversity of an
identifiable geographic area or natural heritage system.
Waste management system: means sites and facilities to accommodate solid waste from one or
more municipalities and includes landfill sites, recycling facilities, transfer stations, processing
sites and hazardous waste depots.
Wayside pit or wayside quarry: means a temporary pit or quarry opened and used by a public
road authority or their agent, solely for the purposes of a particular road project or contract of
road construction or maintenance. Accessory aggregate processing operations such as crushing,
screening, washing and stockpiling of aggregate product are also considered to be permitted uses
in a wayside pit or quarry.
Wetlands: mean lands that are seasonally or permanently covered by water as well as lands
where the water table is close to or at the surface. In either case, the presence of abundant water
has caused the formation of hydric soils and has favored the dominance of either hydrophytic or
water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens.
Woodlands: means treed areas that provide environmental and economic benefits such as
erosion prevention, water retention, provision of habitat, recreation and the sustainable harvest of
woodland products. Woodlands include treed areas, woodlots or forested areas and vary in their
level of significance.
APPENDIX B
Background Report
Background report is only in written form and has not been attached hereto this version.
Printed copies are available at the municipal office. 211 Fourth Street Rainy River On
P0W 1L0 Phone/fax 807 852-3529 email [email protected] .