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Page 1
EXPLANATORY NOTE
By-law No. 10-85 The Township of Tarbutt and Tarbutt Additional is a Comprehensive
Zoning By-law applying to all the lands within the Township boundaries.
The purpose of the by-law is to restrict the use of lands and buildings within the
Township to those uses adopted by Council by By-law No. 10-85 passed on November
4th 1985.
The effect of the by-law will be to ensure that the changes in the use of land, and new
buildings or structures within the Township will take place in accordance with a set of
regulations. The by-law does not interfere with the continued use of lands or buildings
which were being used of any purpose on the day of the passing of the by-law Council.
The by-law also permits the use of all lots created before the by-law was passed if they
meet other standards and regulations of the by-law.
TAKE NOTICE that the Council of the Corporation of the Township of Tarbutt and
Tarbutt Additional passed By-law 10-85 on the 4th day of November 1985 under section
34 of The Planning Act. A copy of the By-law is furnished herewith a note giving an
explanation of the purpose and effect of the By-law and stating the lands affected thereby
is also furnished herewith.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal
Board in respect of the By-law by filing with the Clerk of the Corporation of the
Township of Tarbutt and Tarbutt Additional not later then the 9th day of December, 1985
a Notice of Appeal setting out the objection to the By-law and the reason in support of
the objection.
The Ontario Municipal Board may approve the said By-law but before doing so it may
appoint a time and place when any objection to the By-law will be considered. Notice of
any hearing that may be held will be given only to persons who have filed an objection or
notice of support and who have left with or delivered to the Clerk undersigned, the
address to which the notice is to be sent and similarly, to any person who has filed a
request for a change in the provisions of the By-law.
The last date of filing objections will be the 9th day of December, 1985.
Dated at the Township of Tarbutt and Tarbutt Additional this is 15th day of November,
1985.
Pilvi Court,
Clerk Treasurer
Municipality of Tarbutt
and Tarbutt Additional
R. R. # 1
Desbarats, Ontario
P0R 1E0
Page 2
THE CORPORATION OF THE TOWNSHIP OF
TARBUTT AND TARBUTT ADDITIONAL
BY-LAW NO. 10-85
Being a by-law to provide for the regulation of land and the erection, character, use and
location of buildings and structures in the municipality of the Township of Tarbutt and
Tarbutt additional.
WHEREAS authority is granted under Section 34 of The Planning Act, 1983, and;
WHEREAS it is deemed necessary and expedient to pass a by-law to regulate the use of
land and the erection, character, use and location of buildings and structures in the
municipality of the Township of Tarbutt and Tarbutt Additional.
NOW THEREFORE, THE COUNCIL OF THE MUNICIPAL CORPORATION OF THE
TOWNSHIP OF TARBUTT AND TARBUTT ADDITIONAL ENACTS AS FOLLOWS:
SECTIONS 1 - INTERPRETATION,
ADMINISTRATION, ENFORCEMENT
1.1 "Title" - this by-law may be cited as "The Zoning By-law of the Township of
Tarbutt and Tarbutt Additional".
1.2 "Defined Area" - this by-law applies to all lands within the Municipality of the
Township of Tarbutt and Tarbutt Additional save and except those lands to which
Restricted Area By-laws Number 3-79 applies.
1.3 "Interpretation" - for the purposes of this by-law, the definitions and interpretations
given herein shall govern.
1.4 "Administration" - this by-law shall be administered by a person designated from
time to time, by the Council, as Zoning Administrator, or by such person as is from
time to time, appointed by Council to do so.
1.5 "Compliance with Zoning By-law" - no person shall use land, undertake any
development, construct, reconstruct or use any building or structure except in
conformity with the regulations controlling the use, this by-law and The Planning
Act. Nothing in this by-law shall by construed to exempt any person from complying
with the requirements of any other by-law of the Township of Tarbutt and Tarbutt
Additional or of any law of the Province of Ontario, or of Canada.
Page 3
1.6 "Enforcement" - any person who is convicted of a breach of any provisions of thie
by-law shall be forfeit and paw, at the discretion of the convicting Justice, a penalty
of not less than $100.00 and now exceeding (exclusion of costs) the sum of One
Thousand Dollars ($1,000.00) for each offense. Every such fine shall be recoverable
under the Summary Convictions Act, R.S.O. 1970, Chapter 450 as amended from
time to time, all of the provisions of which apply.
1.7 "Validity" - should any section, clause or provision of this by-law be held by a court
of competent jurisdiction to be invalid, the validity, effectiveness or enforceability of
the other provisions or parts of the provisions of this by-law shall not be affected.
1.8 "Repeal of Existing By-laws" - all existing Restricted Area (Zoning) By-laws save
and except By-law 3-79 and 7-81 of the Township of Tarbutt and Tarbutt Additional
are hereby repealed.
1.9 "Effective Date" - this by-law shall take effect from the date of its passage by the
Council of the Township of Tarbutt and Tarbutt Additional and shall come into force
upon approval by the Ontario Municipal Board.
SECTION 2 - DEFINITIONS
2.1 "Definitions" - for the purpose of this By-law, the definitions and interpretations
given in this section shall govern. Words used in the present tense include the future,
words in the singular number include the plural, and words in the plural include the
singular number. The word "shall" is mandatory. The words "used" and "occupied"
shall include the words "intended and/or arranged and/or designed to be used or
occupied".
2.2 "Accessory" - shall mean a use, separate building, or structure, normally incidental,
subordinate, exclusively devoted to and located on the same lot as the principal use,
building or structure but not including a building or structure used for human
habitation.
2.3 "Agricultural Use" - shall mean a use of land, buildings or structures for farming
activities involved in food livestock production and including activities directly
related to farming such as livestock assembly points, grain drying, animal husbandry
services, storage for fresh product, custom machinery operations, and sprayers.
2.4 "Building" - shall mean a structure used for the shelter or accommodation of
persons, animals, goods or chattels, or equipment, having a roof which is supported
by columns or walls and including any tents, awnings and carports.
2.5 "Council" - shall mean the Council of the Corporation of the Township of Tarbutt
and Tarbutt Additional.
Page 4
2.6 "Dwelling Unit" - shall mean one or more habitable rooms that may be used as a
permanent residence, each unit having separate cooking and sanitary facilities, and
each having separate cooking and sanitary facilities, and each having private
entrance from outside the dwelling or from a common hall or stairway. This
definition shall not include motor home or travel trailer.
2.7 "Dwelling Unit, Accessory" - shall mean dwelling unit which is:
a) occupied either by the owner or tenant of the non-residential use or by those
employed in the operation; and
b) located on the same lot as the non-residential use.
2.8 "Dwelling Unit, Seasonal" - shall mean a dwelling unit used as a secondary place of
residence for seasonal vacations and/or recreational purposes and not as the
principal residence of the owner or occupant thereof.
2.9 "Existing" - shall mean existing on the effective date of this by-law.
2.10 "Floor Area" - shall mean the sum of the horizontal areas of the floors of a building
that are at or above finished grade level, measured between the exterior faces of the
exterior walls, or from the centre live of any common or party wall, but excluding
any attic, private garage, breezeway, porch, veranda, balcony, or similar appurtenant
structure.
2.11 "Forestry Use" - shall mean the general raising and harvesting of wood without
limiting the foregoing shall include raising and cutting of fuel wood, pulpwood,
lumber, Christmas trees, and other forestry products.
2.12 "Frontage" - shall mean the horizontal distance between the side lot lines of a lot,
measured along a straight line six metres back from the parallel to a line joining the
intersections of the two side lot lines with the front lot line.
2.13 "Health Authority" - shall mean a Medical Officer of Health or any branch of a
Ministry of the government of the Province of Ontario that has the responsibility of
approving waste and water systems.
2.14 "Lot" - shall mean a parcel of land that is described in a deed or other document
legally capable of conveying land, or shown as a lot or block on a registered plan of
subdivision.
2.15 "Back Lot" - shall mean a lot located on the side of a street or road directly opposite
the rear lot line of shoreline lots.
2.16 "Lot Area" - shall mean the total horizontal area within the lot lines of a lot.
Page 5
2.17 "Lot Coverage" - shall mean the percentage of the lot area covered by all building
or structures situated on the lots, calculated using the ground floor area of such
buildings or structures.
2.18 "Lot Line" - shall mean any boundary of a lot.
2.19 "Lot Line, Front" - shall mean the lot line that divides the lots from the street upon
which it abuts. With regard to a shoreline lot, the front lot line shall be that adjacent
to the water.
2.20 "Lot Line, Rear" - shall mean the lot line farthest from or opposite to the front line.
2.21 "Lot Line, Side" - shall mean a lot line other than a front or rear lot line.
2.22 "Obnoxious Use" - shall mean an offensive trade within the meaning of the Public
Heath Act of any use which is offensive or dangerous by reason of the emission of
odor, smoke, dust, noise, gas, fumes, vibrations, or refuse matter.
2.23 "Home Occupation Use" - shall mean any occupation which is carried on as a
accessory use and only by members of the one family residing in a dwelling or
dwelling unit, not including commercial, automobile or commercial vehicle repair,
sales, storage, or parts repair or sale.
2.24 "Person" - shall mean an individual, association, firm, partnership, corporation,
trust, organization, trustee or agent, and the heirs, executors, or legal representatives
of the person to whom the context can apply according to law.
2.25 "Restaurant" - shall mean a building or part of a building where food is offered for
sale for sale or sold to the public primarily for immediate consumption therein.
2.26 "Single Family" - shall mean, when used to describe dwelling, a separate building
containing only on dwelling unit but does not include a mobile home.
2.27 "Street" - shall mean a public highway that is a principle means of access to
abutting lots that is under the jurisdiction of the Province of Ontario or the Township
of Tarbutt and Tarbutt Additional, or is a road within a registered plan of
subdivision.
2.28 "Structure" - shall mean anything that is erected, built or constructed of parts joined
together, the use of which requires locations on the ground, or attached to something
having location on the ground.
2.29 "Use" - shall mean when used as a noun, means the purpose for which any land,
building, or structure or premises, or part of combination thereof, is arranged
designed or intended to be used and "uses" shall have a corresponding meaning,
"use" when used as a verb or "to use" shall have a corresponding meaning.
Page 6
2.30 "Wayside Pit or Quarry" - shall mean a temporary pit or quarry opened and used by
a public road authority solely for the purpose of extracting granular and consolidated
material for a particular project or contract of road construction and not located on
the road right-of-way.
2.31 "Yard, Front" - shall mean an open unoccupied space extending the full width of the
lot, the depth of which is the minimum horizontal distance between the front lot line
and the nearest wall of the main building or structure on the lot.
2.32 "Yard, Rear" - shall mean a yard extending across the full width of a lot between
the read lot line and the nearest main wall of any main building or structure on the
lot.
2.33 "Yard, Side" - shall mean a yard extending from the front yard to the rear yard of a
lot and between a side lot line and the nearest main wall of any main building or
structure on the lot.
2.34 "Yard" - shall mean an open, uncovered space on a lot appurtenant to a building and
unoccupied by buildings or structures, except as may be permitted in this by-law and
in determining yard measurements, the minimum horizontal distance from the
respective lot line is to be used.
2.35 "Zone" - shall mean an area or district of land as shown on the maps identified as
schedules to this by-law and which is subject to the regulations of this by-law.
SECTION 3 - GENERAL PROVISIONS
3.1 "Applications" - the provisions of this section apply in all zones except as may be
indicated otherwise.
3.2 "Zoning Maps and Regulatory Table" -
a) The Township is divided inyo yhr zones as shown on the zoning maps which
are attached as Schedule A to this By-Law and which are hereby declared ot be
apart of this By-Law.
b) Table 1, attached hereto is hereby declared to be part of this By-Law.
c) The following zones are established:
Agricultural (A Zone)
Rural Residential (R Zone)
Shoreline Residential (SR Zone)
Island Development (I Zone)
Natural Resource (NR Zone)
Summer Cottage (SC Zone)
Page 7
3.3 "Determining Zoning Boundaries" -
1. A zone boundary shown approximately at a lot, street or lane is at the
boundary of the lot, street or lane.
2. A zone boundary shown approximately in the centre line of a street or lane,
is at the centre line of the street or lane.
3. Unless the location of a zone boundary is specified by dimensions on the
zoning map, a zone boundary which lies within a lot shall be fixed by the
scale of the zoning map.
4. A zone boundary shown following approximately a shore line or the center
line of a creek, stream or channel follows the shoe line or centre line and
moves with any change in such shore line.
3.4 "Scope of the By-Law" - "Non Conforming Uses" - nothing in this by-law shall
prevent:
1. the use of any land, building or structure for any purpose prohibited by the by-
law is such land, building or structure was lawfully used for such purpose on
the day of the passing of this by-law;
2. the erection or use of any building or structure for a purpose prohibited by the
by-law, the plans for which have, prior to the day of the passing of the by-law,
been approved by the building inspector, so long as the building or structure
when erected, is used and continues to be used for the purpose for which it
was erected and provided the erection of such building or structure is
commenced within two (2) years after the day of passing of the by-law and
such building or structure is completed within twenty-four months after the
erection thereof is commenced;
3. the strengthening or restoration to a safe condition of a building, structure or
any part thereof which is used for a use, or in a manner, not conforming or
complying with the provisions of his by-law for the zone in which it Is
located, so long as the strengthening or restoration does not alter the height,
size or volume.
Page 8
3.5 "Existing Buildings on non Conforming Lots" - where a building has been erected
prior to the date that is by-law comes into force on a lot having less than the
minimum frontage or area, or having less than the minimum front, side, or rear yard
required by this by-law, the building may be enlarged, reconstructed, repaired, or
renovated provided that:
a) the enlargement, reconstruction, repair or renovation does not further
reduce the yard requirements of this by-law.
b) All other applicable provisions of this by-law are satisfied.
3.6 "Existing Vacant Undersized Lots" - a vacant lot held in separate ownership from
adjoining parcels on the effective date of this by-law, having less than then
minimum lot frontage or lot are required by this by-law, may be used for a purpose
permitted in the zones in which the lot is located and buildings may be erected on
the lot provided that all other applicable provisions of this by-law are satisfied.
3.7 "Reduction of Lot Areas" - no lot area shall be so diminishing that the required
yards of other open spaces shall be smaller than prescribed in this by-law.
When any part of a lot is required by this by-law to be reserved as a yard or other
open space, it shall continue to be so reserved.
3.8 "Frontage on a Public Road" - no person shall erect any building or structure in any
zone unless the lot upon which such building or structure is to be erected fronts upon
an open public street publicly maintained year round subject to the following
exceptions:
a) Existing lots of record, zoned I Island may derive access by water
only.
b) Existing lots of record at the date of adoption of this by-law in the SC
Summer Cottage Zone may derive access from a private right-of-way,
if such right-of-way can be legally registered on title for the full length
from the lot to an existing public street.
c) Where lots are in a SR Shoreline Residential Zone, the front lot line is
adjacent to the water; one other lot line must abut an open public
street.
d) Existing lots of record at the date of adoption of this by-law in a SC
Summer Cottage Zone must abut a public street or private right-of-way
that is not maintained year round.
3.9 "Buildings Per Lot" - not more than one dwelling, together with accessory buildings
shall be erected or placed on a single lot except in the agricultural zone where a
second dwelling may be erected to provide accommodation for farm labourer or
his/her family.
Page 9
3.10 "Moving of Buildings" - no building or structure shall be moved onto any lot unless
its erection and use is permitted by this by-law.
3.11 "Setbacks on Provincial Highways" - where a building or structure is located
adjacent to a provincial highway, setbacks shall be provided and maintained in
accordance with the requirements of the Ministry of Transportation and
Communications, where such requirements are in excess of those required by this
by-law.
3.12 "Lots Abutting Waters" - where a lot abuts a lake or rive, a boathouse, dock, or
wharf may be located in the front yard, side yard or rear yard provided, however,
that the approval of any other government authority having jurisdiction has been
obtained and provided the boathouse, dock, or wharf is not located closer than 3
metres to the side lot line or does not encroach on the adjacent frontage when the lot
boundaries are extended into the water.
3.13 "Lake Huron Floodline" - no habitable structure shall be permitted to be erected or
placed on any part of a lot below the Lake Huron floodline established as elevation
178.3m Geodetic Survey Datum and for existing buildings or structures, no opening
shall be permitted below 178.3m Geodetic Survey Datum. In addition, no fill or
removal of fill shall be permitted on any lot along the Lake Huron shoreline that
may have the effect of modifying the shoreline.
3.14 "Servicing" - prior to any development or redevelopment, a water supply system
and a sewage disposal system shall be required to be approved by the health
authority having jurisdiction. The minimum size of lot to accommodate an
individual well and septic tank shall be 1,380 metres squared.
3.15 "Public Uses Permitted" - the provisions of this by-law shall not apply to the use of
any land or the erection or use of any building or structure for the purpose of public
service by the municipality or any department of the Government of Ontario and
Canada, including Great Lakes Power or any telephone, telegraph or gas company,
including Trans Canada Pipelines, and such use or erection may be permitted
provided that the lot size and coverage and yard regulations required for the zone in
which such land, building or structure is located are complied with. No government
or department thereof shall be allowed to dump nuclear wastes or toxic waste
materials as defined by the Ministry of the Environment in the Township.
3.16 "Temporary Uses" - a tool shed, scaffold, or other building or structure incidental to
construction on the lot where it is situate may be maintained on such lot where
construction work is in progress for as long as it is necessary for such work, but this
section ceases to apply where there is an abandonment or completion of such work.
Page 10
3.17 "Multiple Uses" - where any land or building is used for more than one purpose, all
provisions of this by-law relating to each use shall be satisfied. Where there is
conflict such as in the case of lot size or lot frontage, the higher or more stringent
standards shall prevail.
3.18 "Obnoxious Uses" - notwithstanding anything contained in this by-law, no land or
building in any zone shall be used for any purpose which from its nature or from the
material used is under The Public Health Act or regulations there under declared to
be a noxious trade, business or manufacturing, without the consent of the local
Medical Officer of Health as provided in The Public Health Act.
3.19 "Wayside Pits or Quarries" - the Minister of Transportation and Communications,
the Township of Tarbutt and Tarbutt Additional and their agents and contractors
may sued any land in the Rural or Agricultural Zone for the purpose of a wayside pit
or quarry provided that no wayside pit shall be opened within 46 metres of a road
allowance of a public road nor within 60 metres of a residential property and that on
completion of the particular project r contract or road construction, the land is to be
restored to a condition compatible with the surrounding terrain.
3.20 "Accessory Uses" -
a) any use necessary to a lawful use of the Zoning By-law is a permitted use.
b) No accessory building may be located in a minimum front or side yard. Where
an accessory building is erected in the rear yard on a corner lot, it shall not be
located closer to a street than the minimum setback for the main building from
that street
c) Accessory buildings shall not exceed 5% of total lot area.
d) Accessory buildings shall be no more that 6m in height in the R., S.R., S.C. or
I zones, and 2 storeys in the A. and N.R. zones.
e) Accessory buildings shall be set back a minimum of 3m from the lot line in
the R., S.R., S.C. and I zones, and 7m in an A zone.
3.21 "Permitted Yard Encroachments" - the following yard encroachments shall be
permitted:
a) Unenclosed porches, window sills, cornices, chimneys, pilasters, eaves,
gutters and similar non-structural architectural features may protect no more
than a distance of 0.5 metres into any minimum yard.
b) Swimming pools to conform with minimum lot line setback requirements and
be enclosed with fencing of a minimum height of 1.5 metres.
Page 11
3.22 "Uses Permitted in All Zones" - the following uses shall be permitted in all zones:
a) Existing uses, buildings or structures and enlargements thereto provided that
prior to enlargement, the approval of the health authority is obtained and
provided that the lot coverage does not exceed 50%.
b) Conservation area uses, or protective measures.
3.23 "Minimum Dimension of Rear Lot Line" - where the frontage of a lot is deemed to
be the water's edge, the rear lot line shall not be less than 7.5m.
3.24 "Prohibited Uses" - development on any back lot is prohibited.
3.25 "Separation Between Agricultural and Non-Agricultural Uses" - where a non-
agricultural use is established or expanding in close proximity to existing livestock
buildings or where livestock facilities are being constructed, enlarged or remodeled
near existing non-agricultural use, the standard separation distance between the
existing and proposed use shall be a minimum of 150 metres or the distance
prescribed by the Minimum Distance Separation formula of Agricultural Code of
Practice whichever distance is smaller.
SECTION 4 - ZONE REQUIREMENTS
4.1 "Agricultural Zone" - no person shall hereafter use or permit the use of land, building
or structure and no person shall erect or permit the erection of any building or
structure in the Agricultural Zone except in accordance with the following provisions.
4.2 "Permitted Uses" -
i) Agricultural Use - includes, field crops, truck gardening, flower gardening,
nurseries, orchards, diary farming, tree farming, etc. Also included are farms
for the grazing, breeding, raising or training of horses, dog kennels or
breeding, boarding or sale of dogs and any other similar use or enterprise (for
example) sale of farm produce customarily carried on as part of the field of
general agriculture, any form of domestic livestock or poultry.
ii) Residential Use- (a) farm related residential dwellings as defined in Section
4.4
iii) Commercial Use - normally a part of the rural agricultural function, for
example, riding stables, veterinary establishments.
iv) Institutional Use - such as schools and churches
v) Accessory Use - such as private garages, barns, stables, recreational
buildings, greenhouses and any other similar use.
Page 12
vi) Home Occupation
4.3 "Regulations" - the regulations respecting lot size, frontage, coverage, and yards are
shown on Table 1 Zone Regulations
SCHEDULE TABLE 1 - ZONE REGULATIONS
ZONE
LOT
FRONTAGE
LOT
AREA
FRONT
YARD
REAR
YARD
SIDE
YARD
MAX.
HEIGHT
MAX.
COVERAGE
FOR
DWELLINGS
A.
45m
4,046m2
15m
15m
8m
3 storey
or 9m
15%
R.
(Residential)
45m
1,390m2
15m
10m
6m
2 storey
or 6m
25%
(Non-
Residential)
90m
12,140m2
15m
15m
7.5m
3 storey
or 9m
25%
S.R.
30m*
2,760m2
15m*
4.5m
3m
2 storey
or 6m
15%
S.C.
30m*
2,760m2
15m*
4.5m
3m
2 storey
or 6m
15%
I
60m*
4,046m2
15m*
15m
8m
2 storey
or 6m
15%
R.
(Birch Hill
Subdivision)
8m
8m
1.5m
* Measured from the high water mark.
Please refer to Section 3.20 for "Accessory Structures"
Page 13
4.4 Farm related residential dwelling is a dwelling which is used by the farm owner or
used by full time fame help or used by the retiring farmer or a seasonal dwelling on a
single agricultural lot existing as of the date of adoption of this by-law.
SECTION 5 - RURAL RESIDENTIAL ZONE
5.1 "Rural Residential Zone" - no person shall hereafter use or permit the use of land,
building or structure and no person shall erect or permit the erection of any building
or structure in the Rural Residential Zone except in accordance with the following
provisions.
5.2 "Permitted Uses" -
a) Residential -
-
one single family detached dwelling per residential lot.
-
home occupation
b) Agricultural - agricultural uses allowed in the Rural Residential Zone include
field crops, truck gardening, nurseries, orchards, dairy farming, tree farming,
farms for the grazing, breeding, or sale of farm animals and any other similar
uses or enterprises customarily carried on in the field of general agriculture.
c) Recreational - parks, playgrounds, community centre, and recreational
buildings and other similar uses.
d) Institutional -
-
Churches, seminaries, schools and residential uses in connection with
uses permitted herein
-
A cemetery, mausoleum columbarium, together with any chapel or
other building appurtenant and incidental to said use including a
crematorium, shall be permitted provided a license has been obtained
in accordance with the "Cemetery Act", R.S.O. 1970, Chapter 57 and
amendments thereto.
e) Commercial -
-
Stables, riding academies, kennels or boarding establishments of
domestic animals, animal hospitals and veterinary establishments,
storing of farm vehicles and machinery used on the premises, storing
of motor vehicles, provided that the number of vehicles stored does not
exceed four.
-
Those retail stores, offices, restaurants and motel uses existing as of
the day of the passing of this By-law.
-
Municipal offices, Town Hall, and other municipal buildings.
Page 14
f) Accessory Buildings (Recreational) and Uses - private garages. Recreational
buildings, greenhouses, swimming pools, and private parks, if not used for
commercial purposes and any other similar use.
g) Accessory Buildings (Agricultural) and Uses - barns, stables, and
agriculturally oriented buildings.
5.3 "Regulations" - the regulations respecting lot size, frontage, coverage and yards are
shown on Table 1 Zone Regulations.
SECTION 6 - SHORELINE RESIDENTIAL ZONE
6.1 "Shoreline Residential Zone" - no person shall hereafter se or permit the use of land,
building or structure and no person shall erect or permit the erection of any building
or structure in the Shoreline Residential Zone except in accordance with the
following provisions.
6.2 "Permitted Uses" -
-
One residential dwelling per lot.
-
Community centers, parks, playgrounds, recreational buildings and
other similar uses intended to serve seasonal residence.
-
Accessory uses such as boat houses, out houses, docks, steam bath
huts, utility sheds and other similar type accessory uses.
6.3 "Regulations" - the regulations respecting lot size, frontage, coverage, and yards are
shown on Table 1 Regulations.
SECTION 7 - SUMMER COTTAGE ZONE
7.1 "Summer Cottage Zone" - no person shall hereafter use or permit the use of land,
building or structure and no person shall erect or permit the erection of any building
or structure in the Summer Cottage Zone except in accordance with the following
provisions.
Page 15
7.2 "Permitted Uses" -
-
One seasonal dwelling unit.
-
Parks, playgrounds, recreational buildings, and other uses intended to
serve seasonal residence.
-
Existing permanent residential dwellings on the day of the passing of
this By-law.
-
Accessory uses such as boat houses, out houses, dokcs, steam bath
huts, utility sheds and other similar type accessory uses.
7.3 "Regulations" - the regulations respecting lot size, frontage, coverage, and yards are
shown on Table 1 Zone Regulations.
SECTION 8 - ISLAND ZONE
8.1 "Island Zone" - no person shall hereafter use or permit the use of land building or
structure and no person shall erect or permit the erection of any building or structure
in the Island Zone land except in accordance with the following provisions.
8.2 "Permitted Uses" -
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Seasonal dwelling unit.
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Accessory to the above
8.3 "Regulations" - the regulations respecting lot size, frontage, coverage, and yards are
shown on Table 1 Zone Regulations.
SECTION 9 - NATURAL RESOURCE ZONE
9.1 "Natural Resource Line" - no person shall hereafter use or permit the use of land,
building or structure and no person shall erect or permit the erection of any building
or structure in the Natural Resource Zone land except in accordance with the
following provisions.
9.2 "Permitted Uses" -
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The extraction of sand and gravel.
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Stone crushing.
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A contractor's yard when accessory to the operation of the pit.
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An accessory use.
9.3 "Lot Regulations" -
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Minimum Lot Area: 4 ha
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Minimum Set Back: (a) From any street - 45m
(b) From any lot line - 30m
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SECTION 10 - EXCEPTIONS
10.1 "Exceptions" - where a lot having a frontage or area less than is required herein
was held under distinct and separate ownership from abutting lots as shown by a
registered conveyance in the records of the Registry or Land Titles Office at the
date of the passing of this By-law, and such lot continues to be so held such lot may
be used and a building or structure may be erected, altered or used on such smaller
lot provided that the owner complies with all other requirements of this By-law.
The minimum size of lot to accommodate an individual well and septic tank shall
be 1,380 metres squared.
SECTION 11- ADMINISTRATION AND INSPECTION
11.1 "Administration and Inspection" - this By-law shall be administered by the person
or persons so designated from time to time by the Council and such person or
persons are hereby authorized to enter at all reasonable house upon any property or
premises for the purpose of carrying out his duties under this By-law.
11.2 "Application for Building Permit" - in addition to the requirements of the Building
By-law, application for a Building Permit shall be accompanied by plans in
duplicate drawn to an acceptable scale. Such drawing to scale shall indicate all
existing structures proposed as part of the application. Upon satisfactory meeting
all provisions of this By-law, prior to issuance of a Building Permit, where
applicable, approval of an adequate water and sewage system, from the Algoma
Health Unit and Ministry of the Environment is required.
11.3 "Penalty" - any person who contravenes this By-law is guilty of an offense and
liable upon summary conviction to a penalty not exceeding One Thousand Dollars
($1,000) exclusive of costs. Each day of continuing breach of this By-law shall
constitute a separate offense. The penalties herein provided shall be recoverable
under the Summary Convictions Act.
11.4 "Conflict with Other By-laws" - in the event of conflict between this By-law and
any other By-law this By-law shall prevail.
11.5 "Effective Date" - this By-law shall not come into force without the approval of
the Ontario Municipal Board, but subject to such approval, shall take effect from
the passing thereof.
PASSED in Open Council this 4th day of November, 1985.
FIRST READING: November 4th, 1985
SECOND READING: November 4th, 1985
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THIRD READING: November 4th, 1985