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THE ARCHIPELAGO AREA PLANNING BOARD
BY-LAW NO. PB00-01
MINIMUM STANDARDS BY-LAW
as amended by
By-law Nos. PB01-01, PB01-02, PB04-01, PB05-01,
PB05-02, PB06-01 and PB13-01
To prescribe a minimum lot size and minimum lot frontage
requirement for new lots created in those portions of the
unincorporated geographic townships of Blair, Brown,
Harrison, Henvey, Mowat, Wallbridge and the Unsurveyed
Territory that are within the jurisdiction of The Archipelago
Area Planning Board
WHEREAS Section 19(1) of the Planning Act authorizes planning boards to
enact zoning by-laws for territory without municipal organization;
AND WHEREAS the Minister of Municipal Affairs established The Archipelago
Area Planning Board on March 26, 1997 consisting of the Township of The
Archipelago, and the unincorporated townships of Wallbridge, Brown, Blair,
Mowat and Henvey, that portion of Harrison that is not in the Township of The
Archipelago, and the unsurveyed lands north of Henvey to the French River;
AND WHEREAS effective January 1, 1999 the Minister of Municipal Affairs
removed from the planning area of The Archipelago Area Planning Board that
portion of the geographic township of Mowat west of Highway 69 and the
unsurveyed lands lying north of the Henvey Inlet Indian Reserve No. 2 and west
of the geographic township of Mowat to the French River;
AND WHEREAS there are no regulations prescribing minimum standards for the
creation of new lots within the unincorporated areas within the jurisdiction of The
Archipelago Area Planning Board, with the exception of the area covered by the
Minister's Order for the Georgian Bay Restricted Area;
AND WHEREAS The Archipelago Area Planning Board wishes to establish a
basic lot standard for the unincorporated areas within the planning area as an
interim measure until more formal policies may be established through a future
official plan;
NOW THEREFORE BE IT ENACTED as a By-law of the Corporation of The
Archipelago Area Planning Board as follows:
SECTION 1 - TITLE AND INTERPRETATION
1.1
This By-law may be cited as The Archipelago Area Planning Board ("the
Planning Board") Minimum Standards By-law ("this By-law").
1.2
For the purposes of this By-law, the definitions and interpretations
contained herein shall govern.
1.3
This By-law applies to all of the lands and islands within those portions of
the unincorporated geographic townships of Blair, Brown, Harrison,
Henvey, Mowat, Wallbridge and the Unsurveyed Territory that are within
the jurisdiction of The Archipelago Area Planning Board.
Page 2 - By-law PB00-01, as amended
1.4
Numerical figures used in this By-law are given in metric units and are
intended to provide the sole standard governing the provisions of this By-
law. Conversions of these metric units to equivalent imperial units may be
deemed acceptable by the Planning Board when the conversion is made
to at least two decimal places.
1.5
In this By-law, words importing the singular number include, where
appropriate, more persons, parties or things of the same kind than one,
and a word interpreted in the singular number has a corresponding
meaning when used in the plural.
1.6
No parcel of land or lot shall be created by the authority of The
Archipelago Area Planning Board except in conformity with the provisions
of this By-law.
SECTION 2 - DEFINITIONS
In this By-law:
2.1 Dwelling:
means one or more rooms designed for human
habitation in which only one separate kitchen is
provided, with a private entrance from outside the
building or from a common hallway or stairway inside
the building.
2.2 High Water Mark: in the case of Georgian Bay, means 176.44 metres
G.S.C. above sea level. In all other cases, means the
normal water mark of any water at the time of the
original surveys of the geographic townships, unless
altered by the construction of a dam or dams
belonging to any municipal, provincial or other public
authority, in which case the measurement shall be
from the high water mark as controlled by such dam
or dams.
2.3 Lot:
means a single, separate parcel of land which is
capable of being conveyed, whether such a parcel is
described in a registered deed or is shown in a
registered plan of subdivision, including any of its
parts which are subject to right-of-way or easement.
2.4 Lot Area:
means the total horizontal area within the lot lines of a
lot.
2.5 Lot, Corner:
means a lot situated at the intersection of and
abutting upon two or more roads, provided that the
angle of intersection of such roads is not more than
135 degrees.
Page 3 - By-law PB00-01, as amended
2.6 Lot Frontage:
means the horizontal distance between the side lot
lines measured along the front lot line, but where the
front lot line is not a straight line, or where the side lot
lines are not parallel, the lot frontage is to be
measured either by a line measured 7.5 metres back
from and parallel to the chord of the lot frontage, or by
the chord of the lot frontage, whichever is the greater.
For the purpose of this paragraph the chord of the lot
frontage is a straight line joining the two points where
the side lot lines or the lines extending from the side
lot lines, intersect the front lot line.
Where the side, and/or front and/or rear lot lines are
not determinable, the lot frontage shall be the
distance of the maximum separation between any two
points on the boundary of the lot.
2.7
Lot, Interior:
means a lot bounded by lots along the side lot lines.
2.8
Lot Line:
means any boundary of a lot or the vertical projection
thereof.
2.9 Lot Line, Front:
means, in the case of an interior lot, the line dividing
the lot from the road. In the case of a corner lot, the
shorter lot line abutting a road shall be deemed to be
the front lot line and the longer lot line abutting the
road shall be deemed to be a side lot line. In the
case of a through lot, the front lot line shall be where
the principal access to the lot is provided.
In the case of a lot with water frontage on a navigable
waterway, the front lot line shall be the high water
mark of such navigable waterway. In the case of a lot
fronting on a road allowance or Crown Reserve along
the shore of a navigable waterway, the front lot line
shall be measured between the points where two
straight lines extended from the intersection of the
side lot lines with the inner limit of that shoreline road
allowance or Crown Reserve intersect with the high
water mark at an angle of 90 degrees.
2.10 Lot Line, Rear:
means the lot line opposite the front lot line.
2.11 Lot Line, Side:
means any lot lines other than the front lot line and
the rear lot line.
2.12 Lot, Through:
means a lot bounded on two opposite sides by roads
or navigable water.
2.13 Navigable:
means any body of water which is capable, in its
natural state or normal water level, of being navigated
by floating vessels of any description for the purposes
of transportation, recreation or commerce, so long as
such navigation does not negatively impact the
aquatic environment of that body of water; it also
includes a canal and any other body of water created
or altered for public use as a result of the construction
of any work, as well as any waterway where the
public right of navigation exists by dedication of the
waterway for public purposes or by the public having
acquired the right to navigate through long use.
Page 4 - By-law PB00-01, as amended
2.14 Shore Road
means an allowance for road made by the Crown
Allowance
surveyors sixty-six feet in perpendicular width around
the shoreline of some waterways.
2.15 Waterway
includes any creek, pond, stream, river, lake or
standing body of water whether or not such body of
water is seasonal.
SECTION 3 - MINIMUM STANDARDS
3.1
The minimum lot area shall be 0.5 hectares and the minimum lot frontage
shall be 70 metres for any parcel of land proposed to be created by
consent of The Archipelago Area Planning Board in the geographic
Townships of Blair, Brown, Harrison, Mowat, Henvey and Wallbridge and
the unsurveyed territory that is within the jurisdiction of The Archipelago
Area Planning Board, saving and excepting thereout and therefrom:
(a)
all of the islands in Georgian Bay in front of the Henvey Inlet Indian
Reserve No. 2 and in front of the geographic townships of Henvey
and Wallbridge, and a strip of land extending 1000 feet in
perpendicular width from the water's edge along the front of the
said geographic townships that are not located in the new
Municipality of Killarney, as shown on Schedule 'B' attached
hereto, and
(b)
all the lands within the Mill Locations and Lots 43 to 57, both
inclusive, in Concession 14 and Lots 38 to 52, both inclusive, in
Concession 13 in the geographic Township of Wallbridge, as
shown on Schedule 'A' attached hereto.
Exemptions from Section 3.1
1. Summer Resort Location AE 439 together with Part of Summer Resort
Location AE 438B are hereby exempted from the provisions of Section
3.1 in By-law PB00-01, to permit the division of the subject lands into
two 0.5 hectare (1.26 ± acre) lots with 53.3 metre (175 foot) frontages.
(By-law PB01-01)
2. Summer Resort Location AE 438A together with Part of Summer
Resort Location AE 437 and the remaining part of Summer Resort
Location AE 438B are hereby exempted from the provisions of Section
3.1 in By-law No. PB00-01, to permit a future consent to divide the
subject lands into two lots of approximately 0.52 hectares (1.29 acres)
and 0.32 hectares (0.8 acres) with 50 metres (165 foot) frontage and
41 metres (135) frontage respectively, such that the two existing
dwellings would each be located on a separate lot. (By-law PB01-01)
3. The severed lot proposed to be created by the severance of Parts 44
and 46 of PSR-1322, in the unincorporated Township of Blair, is
hereby exempted from the provisions of Section 3.1 of By-law No.
PB00-01, and will permit a minimum lot frontage of 36.6 metres (120
feet) and approximate lot area of 0.3 hectares (0.75 acres).
(By-law PB05-02)
4. The retained lot proposed to be created by the severance of Parts 44
and 46 of PSR-1322, in the unincorporated Township of Blair, is
hereby exempted from the provisions of Section 3.1 of By-law No.
PB00-01, and will permit a minimum lot frontage of 30.5 metres (100
feet) and approximate lot area of 0.16 hectares (0.4 acres).
(By-law PB05-02)
Page 5 - By-law PB00-01, as amended
5. The severed lot proposed to be created by the severance of Part 1 on
42R-17579, being Parcels 5094 and 6319 P.S.N.S., located in Part of
Lot 40, Concession 5, in the Unincorporated Township of Wallbridge,
is hereby exempted from the provisions of Section 3.1 of By-law No.
PB00-01, and will permit a minimum lot frontage of 60 metres (197
feet) and an approximate lot area of 0.45 hectares (1.11 acres). (By-
law PB06-01)
3.2
The minimum lot area shall be 1.0 hectares and the minimum lot frontage
shall be 100 metres for any parcel of land proposed to be created by
consent of The Archipelago Area Plannning Board on the islands in
Georgian Bay in front of the Henvey Inlet Indian Reserve No. 2 and in
front of the geographic Townships of Henvey and Wallbridge or within a
strip of mainland extending 1000 feet in perpendicular width from the
water's edge along the front of the geographic Townships of Henvey and
Wallbridge.
3.3
The minimum lot area shall be 0.4 hectares and the minimum lot frontage
shall be 45 metres for any parcel of land proposed to be created by
consent of The Archipelago Area Planning Board within the Mill Locations
and Lots 43 to 57, both inclusive, in Concession 14 and Lots 38 to 52,
both inclusive, in Concession 13 in the geographic Township of
Wallbridge, as shown on Schedule 'A' attached hereto.
Exemptions from Section 3.3
1. The severed lot proposed to be created by the severance of Part of
Lot 49, Concession 13, being Summer Resort Location CL236, is
hereby exempted from the provisions of Section 3.3 of By-law No.
PB00-01, to permit a minimum lot area of .28 hectares (0.7 acres) and
a minimum lot frontage of 38.1 metres (125 feet) from the westerly
side lot line. (By-law PB04-01)
2. The severed lot proposed to be created by the severance of Part 1 of
42R-11565 in Part of Mill Location 'B', is hereby exempted from the
provisions of Section 3.3 of By-law No PB00-01, and will permit a
minimum lot frontage of 41.1 metres (134.8 feet) from the westerly
side lot line. (By-law PB05-01)
3. The severed lot proposed to be created by the severance of remaining
Parcel 6261 P.S.N.S., Part of Mill Location, located in Part of Lot 49,
Concession 14, in the unincorporated Township of Wallbridge, is
hereby exempted from the provisions of Section 3.3 of By-law No.
PB00-01, as amended, and will permit a minimum lot frontage of 0
metres. (By-law PB13-01)
3.4
The provisions of Sections 3.1, 3.2 and 3.3 shall also apply to any lot
proposed to be created by plan of subdivision within the area of
application of this By-law.
THIS BY-LAW will take effect and come into force in accordance with the
provisions of the Planning Act., R.S.O. 1990.
READ and FINALLY PASSED in open meeting this 13th day of July, 2000.
P. M. Stewart
C. Tudhope
Chair
Secretary-Treasurer