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CONSOLIDATED VERSION OF
COMPREHENSIVE ZONING
BY-LAW A2000-07,
as amended
Passed June 22, 2007
(Consolidated December 31st, 2020)
Consolidated Version
(December 31st, 2020)
Comprehensive Zoning By-law A2000-07 was passed by Council on June 22, 2007.
This consolidated document contains the following Zoning By-law Amendments which
have been enacted by Council:
Amendment No.
Date Enacted
A2001-07
Defeated
A2002-07
November 16, 2007
A2003-07
November 16, 2007
A2004-07
November 16, 2007
A2005-08 (Housekeeping By-law)
February 22, 2008
A2006-08
March 14, 2008
A2007-08
March 14, 2008
A2008-08
April 18, 2008
A2009-08
April 18, 2008
A2010-08
June 20, 2008
A2011-08
July 25, 2008
A2012-08
November 21, 2008
A2013-08
November 21, 2008
A2014-08
September 19, 2008
A2015-08
December 5, 2008
A2016-09
February 20, 2009
A2017-09 (Housekeeping By-law)
June 12, 2009
A2018-09
June 12, 2009
A2019-09
March 20, 2009
A2020-09
November 20, 2009
A2021-10
May 21, 2010
A2022-10
March 19, 2010
A2023-10
May 21, 2010
A2024-10
June 25, 2010
A2025-10
May 21, 2010
A2026-10
August 20, 2010
A2027-10
July 16, 2010
A2028-10
August 20, 2010
A2029-10
August 20, 2010
A2030-10
September 17, 2010
A2031-10
October 15, 2010
A2032-11
January 14, 2011
A2033-11
February 18, 2011
cont'd ....
Amendment No.
Date Enacted
A2035-13
February 22, 2013
A2036-12
January 12, 2012
A2037-12
March 23, 2012
A2039-12
January 20, 2012
A2040-12 (Housekeeping By-law)
June 15, 2012
A2041-12
October 19, 2012
A2042-12
July 20, 2012
A2043-12
September 14, 2012
A2044-12
October 19, 2012
A2045-12
November 16, 2012
A2046-12
November 16, 2012
A2047-13
repealed
A2048-13
July 19, 2013
A2049-13
denied
A2050-13
September 20, 2013
A2051-13
December 6, 2013
A2052-13
December 6, 2013
A2053-14
March 14, 2014
A2054-14
March 14, 2014
A2055-14
April 25, 2014
A2056-14 (repeal of A2047-13)
May 16, 2014
A2057-14
May 16, 2014
A2058-14
June 13, 2014
A2059-14
August 15, 2014
A2060-14
November 14, 2014
A2061-14
November 14, 2014
A2062-15
April 17, 2015
A2063-15
February 20, 2015
A2064-15
January 16, 2015
A2065-15
July 17, 2015
A2066-15
August 14, 2015
A2067-15
October 23, 2015
A2068-15
October 23, 2015
A2069-15
September 18, 2015
A2070-15
November 20, 2015
A2071-16
January 15, 2016
A2072-16
January 15, 2016
A2073-17
August 25, 2017
A2074-16
May 20, 2016
A2075-16
October 14, 2016
A2076-16
October 14, 2016
A2077-17
May 19, 2017
A2078-17
April 21, 2017
A2079-17
August 25, 2017
Amendment No.
Date Enacted
A2080-17
September 22, 2017
A2081-17
November 17, 2017
A2082-17
December 8, 2017
A2084-18
April 27, 2018
A2085-18
June 22, 2018
A2086-18
July 20, 2018
A2087-19
March 29, 2019
A2088-19
April 26, 2019
A2089-19
April 26, 2019
A2090-19
June 21, 2019
A2091-20
January 17, 2020
A2092-20
November 19, 2020
This consolidated document also contains the following Ontario Municipal Board
Orders:
Date of O.M.B. Order
In the Matter of
July 18, 2008
Island 79A (Rathlyn Island) Subdivision
Township of The Archipelago
By-law No. A2000-07, as amended
Being a regulatory By-law to implement the policies of the Official Plan for the Corporation of the
Township of The Archipelago and govern land use.
WHEREAS the Council of the Corporation of the Township of The Archipelago deems it in the public
interest to prohibit and regulate the use of land, buildings and structures.
AND WHEREAS pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990, c.P. 13 as
amended, By-laws may be enacted and amended by Councils of Municipalities;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF THE
ARCHIPELAGO ENACTS AS FOLLOWS:
TABLE OF CONTENTS
SECTION 1 - INTRODUCTION
1.1
Title ....................................................................................................................... 1
1.2
Components .......................................................................................................... 1
1.3
Application ............................................................................................................ 1
1.4
Scope .................................................................................................................... 1
1.5
Repeal of Existing By-laws .................................................................................... 1
1.6
Validity .................................................................................................................. 1
1.7
Effective Date ........................................................................................................ 1
SECTION 2 - ADMINISTRATION AND INTERPRETATION
2.1
Inspection of Property and Premises ..................................................................... 2
2.2
Licenses and Permits ............................................................................................ 2
2.3
Violations, Penalties and Remedies ...................................................................... 2
2.4
Applications for Approvals ..................................................................................... 2
2.5
Relationship with Other By-laws ............................................................................ 3
2.6
General Interpretation and Application .................................................................. 3
SECTION 3 - DEFINITIONS ...................................................................................................... 4
SECTION 4 - ESTABLISHMENT OF ZONES
4.1
Incorporation of Zoning Maps .............................................................................. 21
4.2
Zone Boundaries ................................................................................................. 21
4.3
Zones .................................................................................................................. 21
4.4
Use of Zone Symbols .......................................................................................... 22
4.5
Application of Zones ............................................................................................ 22
4.6
Environmental Zones .......................................................................................... 22
4.7
Discrepancies ..................................................................................................... 22
4.8
Exceptions to Zones ............................................................................................ 22
4.9
Identification of Residential Divided Properties by Zone Symbols ....................... 22
4.10
Holding Provision Symbols .................................................................................. 22
SECTION 5 - GENERAL PROVISIONS
5.1
Accessory Use .................................................................................................... 23
5.2
Bed and Breakfast Establishment ....................................................................... 24
5.3
Boathouses and Boatports .................................................................................. 24
5.4
Bridges and Causeways...................................................................................... 25
5.5
Connections Between Buildings .......................................................................... 25
5.6
Dark Sky Provisions (Lights) ............................................................................... 25
5.7
Decks .................................................................................................................. 25
5.8
Docks .................................................................................................................. 25
5.9
Dredging and Filling Prohibited ........................................................................... 27
5.10
Dwelling Units ..................................................................................................... 27
5.11
Floodplain ........................................................................................................... 28
5.12
Fuel Pump Location ............................................................................................ 28
5.13
Height Restrictions .............................................................................................. 28
5.14
Home occupation ................................................................................................ 28
5.15
Island Requirements ........................................................................................... 29
5.16
Land or Islands Not Zoned .................................................................................. 29
5.17
Lot Development Requirements .......................................................................... 29
5.18
Marine Storage Facility........................................................................................ 30
5.19
Measurement of Lot or Island Area ..................................................................... 30
5.20
Mining Prohibited ................................................................................................ 30
5.21
Multi-Storey Dwellings ......................................................................................... 30
5.22
Non-complying Lots, Buildings and Structures .................................................... 30
5.23
Non-conforming Uses, Buildings and Structures ................................................. 32
5.24
Number of Dwelling Units on One Lot ................................................................. 33
5.25
Parking and Loading Space Standards for Road Accessed Lands ...................... 33
5.26
Permitted Uses in All Zones ................................................................................ 36
5.27
Pits and Quarries ................................................................................................ 36
5.28
Prohibited uses in All Zones ................................................................................ 37
5.29
Pump House ....................................................................................................... 37
5.30
Residential Use Restrictions ............................................................................... 37
5.31
Saunas ................................................................................................................ 38
5.32
Setback Requirements ........................................................................................ 38
5.33
Shore Road Allowance ........................................................................................ 39
5.34
Shore Road Allowance as Yard ........................................................................... 39
5.35
Signs ................................................................................................................... 39
5.36
Sleeping Cabins .................................................................................................. 39
5.37
Storage of Unlicensed Vehicles, Trailers and Commercial Vehicles .................... 40
5.38
Swimming Pools ................................................................................................. 40
5.39
Tennis Courts ...................................................................................................... 40
5.40
Tents and Trailer Sites ........................................................................................ 40
5.41
Timbering ............................................................................................................ 40
5.42
Walkway ............................................................................................................. 40
5.43
Ward Survey Descriptions and Pointe au Baril Station Neighbourhood ............... 40
5.44
Wind Power Generation ...................................................................................... 41
5.45
Yard Encroachments Permitted ........................................................................... 41
SECTION 6 - COASTAL/ISLAND RESIDENTIAL (CR) ZONE
6.1
General Use Provisions....................................................................................... 42
6.2
Special Exception Regulations ............................................................................ 43
SECTION 7 - INLAND LAKES RESIDENTIAL (IR) ZONE
7.1
General Use Provisions....................................................................................... 75
7.2
Special Exception Regulations ............................................................................ 76
SECTION 8 - GENERAL RESIDENTIAL (GR) ZONE
8.1
General Use Provisions....................................................................................... 82
8.2
Special Exception Regulations ............................................................................ 83
SECTION 9 - MARINA COMMERCIAL (MC) ZONE
9.1
General Use Provisions....................................................................................... 85
9.2
Special Exception Regulations ............................................................................ 86
SECTION 10 - RESORT COMMERCIAL (RC) ZONE
10.1
General Use Provisions....................................................................................... 88
10.2
Special Exception Regulations ............................................................................ 89
SECTION 11 - MARINA/RESORT COMMERCIAL (MRC) ZONE
11.1
General Use Provisions....................................................................................... 92
11.2
Special Exception Regulations ............................................................................ 93
SECTION 12 - POINTE AU BARIL COMMERCIAL (PBC) ZONE
12.1
General Use Provisions....................................................................................... 96
12.2
Special Exception Regulations ............................................................................ 97
SECTION 13 - GENERAL EMPLOYMENT COMMERCIAL (EC) ZONE
13.1
General Use Provisions....................................................................................... 99
SECTION 14 - CONTRACTOR COMMERCIAL (CC) ZONE
14.1
General Use Provisions..................................................................................... 101
14.2
Special Exception Regulations .......................................................................... 102
SECTION 15 - PRIVATE CLUB (PC) ZONE
15.1
General Use Provisions..................................................................................... 103
15.2
Special Exception Regulations .......................................................................... 104
SECTION 16 - NATURAL STATE (NS) ZONE
16.1
General Use Provisions..................................................................................... 108
SECTION 17 - NATURAL STATE CONSERVATION (NSC) ZONE
17.1
General Use Provisions..................................................................................... 109
SECTION 18 - ENVIRONMENTALLY SENSITIVE (ES) ZONE
18.1
General Use Provisions..................................................................................... 109
SECTION 19 - ENVIRONMENTALLY SENSITIVE ONE (ES1) ZONE
19.1
General Use Provisions..................................................................................... 109
SECTION 20 - ENVIRONMENTALLY SENSITIVE TWO (ES2) ZONE
20.1
General Use Provisions..................................................................................... 110
20.2
Special Exception Regulations .......................................................................... 110
SECTION 21 - EXISTING USE (EU) ZONE
21.1
General Use Provisions..................................................................................... 111
21.2
Special Exception Regulations .......................................................................... 111
SECTION 22 - COMMUNITY FACILITY (CF) ZONE
22.1
General Use Provisions..................................................................................... 113
22.2
Special Exception Regulations .......................................................................... 114
SECTION 23 - PIT AND QUARRY (PQ) ZONE
23.1
General Use Provisions..................................................................................... 116
SECTION 24 - WASTE DISPOSAL (WD) ZONE
24.1
General Use Provisions..................................................................................... 117
SECTION 25 - ENACTMENT ................................................................................................ 118
SCHEDULE 'A' - Sheet Extracts
SCHEDULE 'B' ..................................................................................................................... 119
SCHEDULE 'C' ..................................................................................................................... 150
SCHEDULE 'D' ..................................................................................................................... 151
APPENDIX I - Metric Conversion ....................................................................................... 156
- 1 -
Section 1 - Introduction
1.1
Title
This By-law shall be cited as "the Township of The Archipelago Comprehensive Zoning By-law" hereafter referred to as
the 'By-law'.
1.2
Components
This By-law consists of all textual components and schedules contained herein. Appendix I - metric conversions is
not considered part of this document.
1.3
Application
The provisions of this By-law shall apply to all lands including islands within the boundaries of the Corporation of the
Township of The Archipelago (herein after referred to as 'the Township').
Where a Zone on the Schedules abuts a waterway, such Zone shall be deemed to extend into the waterway and to apply
to any waterlots, Crown lake bed or any land created by changing lake levels, land fill operations or by any other means,
and to extend over all docks, boathouses and boatports, breakwalls, groins, seawalls, cribs, anchorages and boats or
vessels where they are affixed to the ground. No building or structure shall be erected, altered or used, and the use of any
building, structure or lot shall not be changed in whole or in part except in conformity with the provisions of this By-law.
The provisions of this By-law may not apply to Crown Land. However, this By-law reflects the established planning
policies of the Township of the Archipelago and it is intended that the Crown shall have regard for the provisions of this
By-law.
1.4
Scope
No lands shall be used and no buildings or structures shall be erected, altered, enlarged and no changes may be made
to the use of any buildings or structures or lands within the Corporation of the Township of The Archipelago except in
conformity with the provisions of this By-law. Uses not listed as permitted or otherwise provided for in this By-law shall
be prohibited.
In the event of an inconsistency or conflict between two or more provisions in this By-law, the more restrictive provision
shall prevail.
1.5
Repeal of Existing By-laws
From the date of the coming into force of this By-law, all previous By-laws passed under Section 34 of the Planning Act,
R.S.O. 1990 c.P. 13 (hereinafter referred to as the Planning Act), or predecessor thereof, shall be deemed to have been
repealed, with the exception of the following by-laws:
A1113-07 (Green)
A1116-07 (Eaton)
A1117-07 (Rathlyn Island)
Notwithstanding the enactment of the Comprehensive Zoning By-law, the provisions of By-laws A1113-07, A1116-07,
and A1117-07 shall prevail in respect to those specific by-laws.
1.6
Validity
Every provision of this By-law is declared to be severable from the remainder of this By-law and, if any provision of this
By-law shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity,
effectiveness, or enforceability of the remainder thereof.
1.7
Effective Date
This By-law shall come into force and take effect on the day it is passed by Council subject to any approval necessary
pursuant to the Planning Act, R.S.O. 1990, c.P. 13 as amended from time to time.
- 2 -
Section 2 - Administration and Interpretation
2.1
Inspection of Property and Premises
Any designated employee of the Township acting under their direction may, at any reasonable hour and upon producing
proper identification, enter and inspect any property but shall not enter any building or structure used as a dwelling unit
without:
a) the consent of the occupier, or
b) the authority of a Search Warrant issued pursuant to the provisions of Section 142 of the Provincial Offenses Act,
R.S.O. 1990, as amended.
2.2
Licenses and Permits
a) In addition to fulfilling the requirements of this By-law, no person shall commence to erect, alter or repair any
building or structure without first obtaining a building permit from the Township, where necessary.
b) No municipal permit or license shall be issued where said permit is required for a proposed use of land or the
proposed erection, alteration, enlargement, or use of any building or structure that is in violation of any provision of
this By-law.
c) In all zones, any building or structure which is moved from one location to another, whether within the zone or from
one zone to another, or from any location beyond the boundary of the Township, into any zone, shall be considered
as being a new building or structure and shall comply with the provisions of this By-law.
2.3
Violations, Penalties, and Remedies
a) Pursuant to the provisions of Section 67 of the Planning Act, R.S.O. 1990, c.P. 13 as amended from time to time,
any person who breaches any provision of this By-law is guilty of an offence and, on conviction, is liable:
i)
On a first conviction to a fine of not more than $25,000.00; and
ii)
On a subsequent conviction, to a fine of not more than $10,000.00 for each day, or part thereof, upon which the
contravention has continued after the day on which he was convicted.
b) Where a Corporation, with every director or officer of the Corporation who knowingly concurs in the contravention,
breaches any provision of this By-law and is found guilty of an offence on conviction is liable:
i)
On a first conviction, a fine of not more than $50,000.00; and
ii)
On a subsequent conviction, a fine of not more than $25,000.00 for each day or part thereof upon which the
contravention has continued after the day on which the Corporation was first convicted.
Where a conviction is entered, in addition to any other remedy or any penalty provided by law, the court in which the
conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person and/or Corporation convicted.
2.4
Applications for Approvals
Applications to permit the use of lands, or to erect, alter, enlarge, or use any buildings or structures as described above
shall be accompanied by plans drawn to scale, where required by the Township, showing:
a) the actual shape and dimensions of the lot to be used or upon which it is proposed to erect, alter, enlarge, or use
buildings or structures;
b) the proposed location, height, and dimensions of the buildings or structures in respect of which the permit is applied
for;
c) the location of every building or structure already erected on or partly on such lots;
d) the location of proposed parking spaces, loading spaces, driveways and landscaping areas;
e) the location of any landscaping, curbing, drainage, pre and post construction elevations, retaining walls and other
physical additions to the site; and
f)
any other information the Township considers necessary to determine whether every such building, structure, or
work conforms to the requirements of this By-law.
- 3 -
Other requirements pertaining to the above applications are as follows:
g) The application shall be accompanied by a statement by the owner or his duly authorized agent specifying the use
to which the lands are intended or the use to which the buildings or structures to be erected, altered or enlarged are
intended to determine if such use conforms to the requirements of this By-law.
h) The lot and the location of every building or structure to be erected thereon is to be staked out on the grounds
before construction is commenced.
i)
The lack of a survey, or a mistake or an error or omission by any person required to comply with the provisions of
this By-law does not relieve that person from liability for failure to comply with the provisions of this By-law.
j)
The Township may require that any plans accompanying an application be prepared by an Ontario Land Surveyor,
Professional Engineer, or Architect where, in their opinion, such plans are necessary to determine the exact extent
to which a variance or amendment is required.
2.5
Relationship with Other By-laws
Nothing in this By-law shall operate to relieve any person from the requirements of the Building Code or any By-law or
requirements of the Township in force from time to time, or the obligation to obtain any license, permit, authority, or
approval required under any By-law or law of the Township or other government authority. Any use established in
violation of a predecessor of this By-law will be deemed to have been established unlawfully. Nothing in this By-law shall
be construed to exempt any person from complying with the requirements of any other laws of the Township or from any
law of the Province of Ontario or of Canada.
2.6
General Interpretation and Application
a) In their interpretation and application, the provisions of this By-law shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, convenience, or general welfare. Whenever the requirements
of this By-law are at variance with the requirements of any other By-law, the most restrictive, or the By-law imposing
the higher standards shall govern and apply. Nothing in this By-law shall be construed to exempt any person from
complying with the requirements of any By-law of the Township or from any law of the Province of Ontario or of
Canada.
b) In this By-law the word "shall" is mandatory and directory; words used in the present tense include the future; words
in the singular include the plural and words in the plural include the singular. Words imparting the masculine gender
shall include the feminine and the converse.
c) In the event that an obvious grammatical or typographical error has been made in the preparation of this By-law, the
Township may interpret the intent of this By-law in a reasonable manner without amendment to this By-law.
d) Where a "word" or "term" is defined in Section 3: Definitions of this By-law, the "word: or "term", when used
elsewhere in this By-law is highlighted in italics.
e) Appendix I has been included for information purposes only and the imperial figures are not exact conversions of
the metric figures. Reference shall always be made to the metric figures in determining conformity with the By-law.
- 4 -
Section 3 - Definitions
For the purposes of this By-law, the definitions and interpretations given in this Section shall govern.
3.1
Accessory Boat Docking
Shall mean docking that is accessory to onshore uses and is incidental or subordinate to the primary function of an
onshore building, structure or use.
3.2
Accessory Building
Shall mean a detached building, the use of which is naturally and normally incidental to, subordinate to and exclusively
devoted to a principal use and located on the same lot.
3.3
Accessory Structure
Shall mean a structure, the use of which is incidental, subordinate, and exclusively devoted to the principal use and
located on or adjacent to the same lot, including but not limited to decks, docks, satellite dishes, swimming pools, marine
railways and tennis courts.
3.4
Accessory Use
Shall mean a use naturally and normally incidental to, subordinate to, or exclusively devoted to a principal use and
located on the same lot.
3.5
Agricultural Use
Shall mean the use of land, buildings or structures for the purpose of animal husbandry, horticulture, dairying, fallow,
and/or forestry, and shall include field crops and pasturage, and any other farming use excluding intensive or specialty
agriculture and kennels; and includes: the growing, raising, packing, treating, storing and sale of produce produced on
the premises and other similar uses customarily carried on in the field of general agriculture, and shall include non-
commercial greenhouses.
3.6
Agricultural Use, Intensive
Means lands or buildings which are predominantly used for the raising of chickens, turkey or other fowl, fur-bearing
animals, hogs or the growing of mushrooms, or the intensive feeding of animals in confined areas.
3.7
Alter
When used in reference to a building or part thereof, shall mean to make any modification to the structural component of
a building or structure that results in a change of use or an increase or decrease in the floor area or height.
When used in reference to a lot, the word 'alter' shall mean to increase or decrease the width, depth, or area of any
required yard, setback, or boundary of such lot with respect to a public road or waterbody, whether such alteration is
made by conveyance or alienation of any portion of said lot or otherwise.
3.8
Assembly Hall
Shall mean a building or a portion of a building used for the purposes of hosting meetings for civic, educational,
charitable, religious or social purposes, a banquet hall, community centre or Canadian Legion Hall.
3.9
Attached
Shall mean a building, otherwise complete in itself, that depends upon a division wall or walls shared in common with an
adjacent building or buildings for structural support or complete enclosure.
3.10
Attic
Shall mean the space between the roof and the ceiling of the top storey or between a dwarf wall and a sloping roof. An attic
is not to contain or be used as a habitable room and cannot be accessed by a stairway.
3.11
Barge
Shall mean a freight boat used in connection with a construction, contracting or haulage business.
- 5 -
3.12
Basement
Shall mean a storey or storeys of a building located below the first storey.
3.13
Bed and Breakfast Establishment
Shall mean sleeping accommodation for the traveling or vacationing public within the main single detached dwelling that
is the principal residence of the proprietor, to a maximum of three guest rooms, and may include the provision of
breakfast and other meals and services, facilities or amenities for the exclusive use of the occupants. The guest rooms
shall not have kitchen facilities, nor in any other way resemble a motel, lodge, multiple dwelling, boarding or rooming
house, hospital, group home, or other institutional use or a restaurant accommodating the traveling or vacationing
public, and guests shall not have access to kitchen facilities. Refer to the General Provisions (Section 5.2) for the
applicable regulations.
3.14
Boat
Shall mean any form of watercraft, with or without sleeping, living, cooking, dining and washroom facilities that is
designed and intended for water transportation, but excluding a building, structure or aircraft.,
3.15
Boathouse
Shall mean a detached accessory building or structure that is located over the lake bed and is designed or used for the
sheltering of a boat or other forms of water transportation. A boathouse may be permanent or portable or floating in
nature.
3.16
Boatport
Shall mean a detached accessory building or structure that is located over the lake bed and is designed or used for the
sheltering of a boat or other forms of water transportation. A boatport may be permanent or portable or floating in nature.
In the case of a boatport at least one wall must be open.
3.17
Bridge
Shall mean a structure erected across a waterway or spanning two or more points of land to afford passage by vehicles
or pedestrians.
3.18
Building
Shall mean a structure, whether temporary or permanent, as defined within the Building Code, used or intended to be
used for the shelter, accommodation or enclosure of persons, goods or chattels.
3.19
Building Envelope
Shall mean the buildable area of a lot, defined by all required setbacks and maximum height requirements, within which
a building can be erected, as established in this By-law.
3.20
Building, Main
Shall mean the building in which the principal use of the lot is conducted.
3.21
Building Official/Inspector
Shall mean the officer or employee of the corporation who is charged with the duty of enforcing the provisions of the
Ontario Building Code.
3.22
Building Supply Establishment
Shall mean a commercial building and lot for the sale and storage of building materials and equipment, and may include
incidental assembly/fabrication for the purpose of sales and service of a wide variety of building supplies, including but
not limited to the following: lumber, millwork, siding, plumbing, fencing, electrical supplies, heating equipment and other
commodities.
- 6 -
3.23
Building Setback
Shall mean the minimum horizontal distance between any lot line and the nearest part of any building, structure or open
storage use on the lot.
3.24
By-law
Refers to 'Comprehensive Zoning By-law A2000-07' passed by Council for the Corporation of the Township of The
Archipelago.
3.25
Camper
Shall mean any kind of temporary shelter for sleeping that is not permanently fixed to the site and that is capable of
being easily moved, but does not include structures.
3.26
Campground
Shall mean a recreational establishment operated by a private or public organization where children or adults are
temporarily accommodated in tents, cabins, cottages, or lodges, or recreational vehicles.
3.27
Carport
Shall mean a building or structure that is intended for the shelter of vehicles and has at least one open wall.
3.28
Causeway
Shall mean a raised road or way across any land, waterway or wetland, which affords vehicle or pedestrian passage.
3.29
Cemetery
Shall mean a cemetery within the meaning of the Cemetery Act, R.S.O. 1992.
3.30
Chamber of Commerce
Shall mean the lands, buildings and structures occupied by an association of merchants or business people.
3.31
Channel
Shall mean a navigable course or track between two land areas or islands.
3.32
Channel, Major
Shall mean the navigable course or track shown as a line on the nautical charts published by the Canadian Hydrographic
Service from time to time, which indicates sufficient water depth for the safe navigation of boats.
3.33
Clinic, Medical
Shall mean a building or part thereof used by qualified medical practitioners, nurses, dentists, chiropractors, or other
drugless practitioners, for public or private medical, surgical, physiotherapeutic or other human health purposes, except
when included within or accessory to a private or public hospital.
3.34
Clinic, Veterinary
Shall mean a building, or part thereof, used by a veterinary surgeon for the treatment and care of animals.
3.35
Club, Private
Shall mean one or more of the recreational land uses which existed in the Township on January 1, 1980, having in excess
of two owners, containing three or more self-contained cottages, a main lodge, common or shared outbuildings and
facilities.
3.36
Coldwater Lake
Shall mean a waterbody identified by the Ministry of Natural Resources as a sensitive coldwater lake trout lake and
includes Blackstone Lake, Crane Lake, Forget Lake and Three-Legged Lake.
- 7 -
3.37
Community Centre
Shall mean a building in which facilities are provided for such purposes as meetings for civic, educational, political,
religious, or social functions, but does not include any continuous commercial use.
3.38
Conservation
Shall mean the use of land for the purpose of maintaining or enhancing the natural environment.
3.39
Contractor's Yard
Shall mean a yard of any building trade or contractor where equipment and material are stored or where a contractor or
tradesman performs shop or assembly work.
3.40
Cooking Facilities
Shall mean any appliance, cooking or warming device intended to be used for the preparation of food including all ovens,
stoves, hotplates, barbeques, any gas-fed appliances and cooking related appliances.
3.41
Council
Shall mean the Council of the Corporation of the Township of The Archipelago.
3.42
Crawlspace
Shall mean that portion of a building between two floors that is partly or wholly underground that has a height from
finished floor to the underside of the floor joists of the storey next above not greater than 1.5 metres.
3.43
Crown Reserve
Shall mean a one chain (66 foot) shoreline road allowance reserved by crown patent where no such designation
appeared on the original surveys prepared by the Crown surveyors. The crown reserves are vested in the Crown and
under the jurisdiction of the Ministry of Natural Resources
3.44
Custom Workshop
Shall mean a building or structure, or part thereof, where the manufacturing of small quantities of articles is performed
by a trades person requiring manual or mechanical skills, but does not include machining, stamping, or forging of
materials.
3.45
Deck
Shall mean a floor structure without a roof that is level or has a level surface area capable of accommodating persons or
furniture that may be attached to or detached from a main building or an accessory building.
3.46
Detached
Shall mean separated from or not connected and does not share a common wall with any other building(s), except
buildings may be connected by a passageway, breezeway or roof that does not constitute an attachment.
3.47
Development
Shall mean the construction, erection, or placing of one or more buildings or structures on land or the making of an
addition or alteration to a building or structure that has the effect of increasing the size or usability of any building or
structure.
3.48
Development, New
Shall mean the creation of a new lot, a change in land use, or the construction of buildings and structures requiring
approval under the the Planning Act, R.S.O. 1990, c.P. 13, but does not include activities that create or maintain
infrastructure authorized under an Environmental Assessment process or works subject to the Drainage Act.
- 8 -
3.49
Dock
Shall mean a structure in the form of a platform, floating or fixed, including a wharf or pier used for parking or mooring,
loading, unloading, repair or storage of boats, located on or adjacent to water, and includes connecting ramps, stairs,
walkways and landings within 3m of the landside of the highwater mark.
3.50
Docking Envelope
Shall mean a surface area of land and water provided for docks and/or a boathouse or boatport, which is determined by
the width of the dock(s), boathouse or boatport at their widest dimension parallel to the chord of the lot frontage at the
shore and the length perpendicular to said width provided that the determination of both dimensions shall include, where
necessary, the permitted 3 metre encroachment area inland of the highwater mark.
3.51
Docking Site
Shall mean a portion of a docking envelope that is separated from any other portion of a docking envelope by a
minimum of 5 metres.
3.52
Docking Slip
Shall mean a structure where boats can remain for loading, unloading, repair or storage, including the waterway
adjacent to any dock that is capable of being occupied by a boat.
3.53
Domestic Pets
Shall mean a dog, cat or other animal that is normally kept as a household pet.
3.54
Dormitory
Shall mean a building where lodging is provided for more than four persons in return for remuneration or for the
provision of services, and in which all kitchen facilities are shared.
3.55
Dredge
Shall mean to clear, widen or deepen a waterway by means of excavation and includes construction of a dam as defined
in the Lakes and Rivers Improvement Act.
3.56
Driveway
Shall mean any open roadway developed on private property or across Crown land that provides vehicular access from
a public or private road to one individual lot.
3.57
Dwelling
Shall mean a building occupied, or capable of being occupied exclusively as a home or residence by one or more
persons, but shall not include hotels, motels, mobile homes, travel trailers, tents, campers, or vehicles etc.
3.58
Dwelling, Main
Shall mean the principal residential building or largest dwelling unit on a lot.
3.59
Dwelling, Multiple
Shall mean a building containing more than one dwelling unit and that is occupied or capable of being occupied as a
home or residence, and may include a semi-detached, duplex, triplex, fourplex, apartment or townhouse but does not
include a tent or trailer.
3.60
Dwelling, Single Detached
Shall mean a detached permanent dwelling occupied as one single dwelling unit and to which entrance is gained only by
a private entrance outside the building, but shall not include a mobile home, travel trailer, tent or camper.
- 9 -
3.61
Dwelling Unit
Shall mean a room or suite of habitable rooms occupied or capable of being occupied as an independent and separate
self-contained housekeeping unit in which no more than one separate kitchen is provided and in which access is gained
from a private entrance from outside the building or from a common hallway or stairway inside the building and contains
sanitary facilities but not necessarily sleeping accommodation.
3.62
Easement
Shall mean the right of use over the property of another land owner. This may include the right to enter and exit upon the
property of another or for the purposes of access to services.
3.63
Environment
Shall mean the air, land, or water, or any combination or part thereof.
3.64
Equipment Sales and Rentals
Shall mean the use of lands, buildings and structures, in which machinery and equipment are offered for sale or kept for
rent, lease, or hire under agreement for compensation.
3.65
Erect
Shall mean to build, construct, reconstruct or relocate and, without limiting the generality of the word, also includes: a) any
excavating, dredging, filling, draining, or the creation of retaining walls, beams, siding or breakwalls; b) the placement or
construction of docks, wharves, piers, rafts or pump houses; c) altering any existing building or structure by an addition,
enlargement, extension or other structural change, and; d) any work that requires a building permit under The Building By-
law of the Township.
3.66
Established Building Line
Shall mean the average distance of the buildings from a public road where said buildings are located on one side of a
block, defined by intersecting roads at each end of the block, and where more than one half of the lots having public
road access upon the said side of the block have been built upon.
3.67
Existing or Existed
Shall mean in existence on the date of the passing of this By-law.
3.68
Financial Institution or Bank
Shall mean a building designed for the purpose of lending, borrowing, exchanging, issuing or safeguarding money.
3.69
Final Grade
Shall mean the average elevation of the ground at the base of a building or structure, exclusive of any embankment in
lieu of steps or other site alteration utilized to raise the finished surface. The calculation of the average elevation shall
include at least five points of measurement evenly spaced along a single wall of the building or structure including each
edge of the wall and the highest and lowest points on the ground.
3.70
Floodplain
Shall mean the horizontal area that borders a lake, river, stream or watercourse, and that is subject to flooding. The
floodplain of Georgian Bay shall include all lands below the 178.3 metre elevation G.S.C. datum.
3.72
Floor Area, Industrial (Total)
Shall mean that portion of the total floor area of an establishment that is used for manufacturing purposes but does not
include areas of storage or offices.
3.73
Floor Area, Residential (Ground)
Shall mean the floor area of the lowest storey of a building approximately at or first above the final grade level excluding
any basement, cellar, or sub cellar, which area is measured between the exterior faces of the exterior walls at the floor
level of such storey, and it includes: any private garage, covered porch or veranda, or enclosed porch or veranda.
- 10 -
3.74
Floor Area, Residential (Total)
Shall mean the space of all storeys of a building between the exterior faces of the exterior walls and required firewalls,
including the space occupied by interior walls and partitions, any private garage, carport, storage area, breezeway, porch,
veranda, unenclosed porch or unenclosed veranda, but does not include the space occupied by exits, vertical service
spaces and their enclosing assemblies, a basement or an attic and those interior areas adjacent to the exterior walls with
less than 6.5 feet height clearance.
3.75
Forestry
Shall mean the use of land for the purpose of conservation and/or the growing and cutting of trees for the purpose of
producing commercial/non-commercial wood products but shall not include the manufacturing or processing of such
products.
3.76
Four Season Destination Resort
Shall mean a tourist establishment that operates throughout all of the year and provides entertainment and recreation to
persons and may provide temporary or long-term accommodation to any person(s) on a daily, weekly, monthly,
timeshare or other form of ownership basis.
3.77
Garage, Attached
Shall mean a private garage that is accessory to a dwelling on the same lot and attached by a common wall and/or
common roof structure and is designed or used for the sheltering of private motor vehicles and the storage of household
equipment incidental to residential occupancy and in which there are no facilities for repairing or servicing such vehicles
for remuneration or commercial use, and that is fully enclosed and excludes a carport or other open shelter.
3.78
Garage, Detached
Shall mean a private garage, accessory to a dwelling on the same lot, that is designed or used for the sheltering of
private motor vehicles and the storage of household equipment incidental to residential occupancy and in which there
are no facilities for repairing or servicing such vehicles for remuneration or commercial use and that is fully closed and
excludes a carport or other open shelter.
3.79
G.S.C.
Shall mean the Geodetic Survey of Canada.
3.80
Guest
Shall mean a person who contracts for accommodation in a motel or hotel or other similar accommodation and includes
all members of the persons' party.
3.81
Guest Room
Shall mean a room, suite, or rooms that are used or maintained for the accommodation of the public and that contain no
cooking facilities.
3.82
Height
Shall mean, with reference to a building, the vertical distance measured at the front of a building from the final grade of
such building to: a) in the case of a flat roof, the highest point of the roof surface, or the parapet, whichever is the
greater; b) a mansard roof - the deck roof line; c) a gable, hip or gambrel roof - the mean distance between the eaves and
the ridge, except that where the roof pitch of a gable, hip or gambrel roof exceeds a slope ratio of 1:1 - three quarters of
the mean distance between the eaves and the ridge; or d) an "A" - frame construction - three quarters of the mean
distance between the eaves and the ridge, whichever results in the lesser vertical distance. The front of a building for
the purpose of determining building height shall include each exterior wall of a building that faces a shoreline or a road
of a lot. The height of the building shall be determined separately for each front wall of the building to establish
compliance with the height requirements of the applicable Zone category.
- 11 -
3.83
High Water Mark
Shall mean in the case of Georgian Bay 176.44 metres G.S.C. above sea level, and 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.
3.84
Home Occupation
Shall mean an occupation or business accessory to a legally established single detached dwelling with no show/display
room, such as, but not limited to the following: a service (eg: accountant, lawyer) a carpentry shop, a metal working
shop, a machine shop, a welding shop or a tool and die shop that provides services or wares. For the purposes of this
By-law, the repairing of motor vehicles, mobile homes, trailers and/or boats is not a home occupation. A home
occupation shall occur within the legally established single detached dwelling or within an accessory structure to the
legally established single detached residence.
3.85
Hotel
Shall mean a commercial establishment that consists of 1 building, or 2 or more connected, that cater(s) to the needs of
the public by furnishing sleeping accommodation, including permanent staff accommodation and that may or may not
supply food, and includes all premises licensed under the Liquor License Act and operating under the Tourism Act.
3.86
Human Habitation
Shall mean the act of inhabiting, occupying or using a building or part of a building for living, sleeping, eating or food
preparation.
3.87
Hunt Camp
Shall mean any land or buildings other than a single detached dwelling that is/are used solely for the incidental habitation
of persons angling or hunting wildlife.
3.88
Industrial, Light
Shall mean the use of land, building, or structure for the manufacturing, assembly, storage, or processing of component
parts of finished products suitable for wholesale or retail trade but does not include food, beverage, tobacco, rubber,
leather, textile and knitting, printing, metal fabrication, or similar industries if these industries involve stamping, presses,
furnaces, machinery, or the emission of any air, water, or noise pollution that creates a nuisance outside of the building
or structure or beyond the limits of the lot. Light industrial facilties do not require the use of municipal sanitary or water
services for the operation of the use.
3.89
Institutional
Shall mean the use of land, buildings, or structures for non-commercial purposes by an organization, group, or
association for religious, charitable, educational, health, or public purposes but not including lands used as a
campground or trailer park, lands containing sleeping cabins or housekeeping cottages, a private club, a commercial
mental health centre or place of detention.
3.90
Island
Shall mean one or more parcels of land that is/are capable of being separately conveyed and that is/are, as an aggregate,
entirely surrounded by water.
3.91
Island, One Owner
Shall mean an entire island, the whole of which is a single parcel or lot under the Planning Act, R.S.O. 1990, c.P. 13.
3.92
Kitchen
Shall mean part of a dwelling unit or an area where food may be prepared and that contains cooking facilities.
3.93
Landscaped Open Space
Shall mean an open space area comprised of lawn and ornamental shrubs, flowers, and trees, and may include space
occupied by paths, walks, courts and patios.
- 12 -
3.94
Laundromat
Shall mean a building or structure where the service of coin-operated laundry machines, using only water, soaps or
detergents and additives is made available to the public.
3.95
Loading Space
Shall mean an off-street space on the same lot as the building for temporary parking of a commercial vehicle while
loading or unloading merchandise or materials.
3.96
Lodge
Shall mean a tourist establishment that has facilities for overnight sleeping accommodation and serving meals and that
furnishes equipment, supplies or services to persons in connection with angling, hunting, camping or recreational purposes
3.97
Lot
Shall mean a single parcel of land that may be legally conveyed in accordance with the requirements of the Planning
Act, R.S.O. 1990, c.P. 13.
3.98
Lot, Area
Shall mean the total horizontal area within the lot lines of a lot.
3.99
Lot, Corner
Shall mean 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.
3.100
Lot, Coverage
Shall mean the area of a residential lot, or in the case of a lot zoned for non-residential use, the area of the lot zoned for
non-residential use, that is covered by the ground floor area of any buildings and shall include all accessory buildings
and all roofed or covered accessory structures, the entire area of the overhang of a roof where the overhang of the roof
exceeds 1.25 m in depth, the floor area of any boathouse or boatport constructed over the Crown lake bed and the area
of any deck, dock or docking slip covered by the overhang of a boathouse roof or boatport roof where the roof overhang
is greater than 1.25 metres in depth.
3.101
Lot, Depth
Shall mean the horizontal distance between the front and rear lot lines. Where such lot lines are not parallel, the lot
depth shall be the mean distance between them.
3.102
Lot, Frontage
Shall mean the following:
a) In the case of a single ownership island or a peninsula (lot with no side lot lines), the lot frontage shall be the
distance of maximum separation between any two points on the boundary of the lot.
b) In the case where a lot fronts on a navigable waterway other than a single ownership island or peninsula, the lot
frontage shall be 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 equal to the minimum front yard setback measured 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 line intersects the front lot line.
c) In the case where a lot abuts a road but not a navigable waterway, the lot frontage shall be the horizontal distance
between the side lot lines measured at right angles. Where the front lot line is not a straight line or where the side
lot lines are not parallel, the lot frontage shall be measured from the minimum front yard setback and parallel to the
chord of the lot frontage. For the purpose of this by-law, the chord is a straight line joining the two points where the
side lot line intersects the front lot lines.
- 13 -
d) In the case where a lot has two separate frontages both on one or more navigable waterways, other than a single
ownership island or a single ownership peninsula, the lot frontage shall be the longer of the two front lot lines and
not calculated as cumulative. The lot frontage is calculated as 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 equal to the minimum front yard setback measured 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 line
intersects the front lot line.
3.103
Lot, Interior
Shall mean a lot that is bounded by other lots along its side lot lines.
3.104
Lot Line
Shall mean any boundary of a lot or the vertical projection thereof.
3.105
Lot Line, Front
Shall mean, with the exception of a lot that abuts a navigable waterway, the lot line that divides the lot from the road
subject to the following:
a) In the case of a corner lot, the shorter lot line that abuts the public road shall be deemed the front lot line and the
longer lot line that abuts the public road shall be deemed the side lot line;
b) In the case of a corner lot with two public road lines of equal lengths, the lot line that abuts the wider public road or
abuts a Provincial Highway shall be deemed to be the front lot line, and if similar, the Township may designate
either public road line as the front lot line;
c) In the case of a lot abutting one or more private roads, the shortest lot line abutting the private road shall be deemed
the front lot line;
d) In the case of a through lot, two front lot lines shall exist.
On a lot where a lot line abuts a navigable waterway, the front lot line shall be the following:
a) In the case of a lot on an island or a Single Ownership Island, the high water mark shall be the front lot line.
b) In the case of a lot that is not located on an island but abuts a navigable waterway and/or a road or laneway, the
highwater mark shall be the front lot line.
3.106
Lot Line, Rear
Shall mean, in the case of a lot having 4 or more lot lines, the lot line farthest from and opposite to the front lot line; in
the case where a lot has 3 lot lines, and there is no rear lot line, the rear lot line is represented by the point of
intersection of two lot lines.
3.107
Lot Line, Side
Shall mean a lot line other than a front or rear lot line.
3.108
Lot, Through
Shall mean a lot bounded on two opposite sides by roads or a navigable waterway.
3.109
Marina
Shall mean a building, structure or lot containing facilities or services for docking, repairing and/or storage for watercraft,
located on a waterway, where facilities for rentals and pumpouts for watercraft, the accessory sale of marine fuels,
lubricants and accessory products may be provided, and may include a boat taxi service as well as the sale of marine
craft, snowmobiles and similar recreation vehicles, and accessories and parking areas for motor vehicles and boat
trailers.
- 14 -
3.110
Marine Railway
Shall mean an accessory structure that comprises a rail system extending below water designed to bring boats out of
the water or the placement of boats into the water.
3.111
Marine Storage Facility
Shall mean an accessory building for the storage of boat supplies and marine accessories.
3.112
Mobile Home
Shall mean a detached dwelling that is designed to be and is capable of being transported after fabrication, either on its
own wheels, on detachable wheels, on a flat bed or other trailer, to a building lot, and which is suitable for year-round
occupancy.
3.113
Motel
Shall mean a building consisting of a number of individual rental units used for catering to the needs of the traveling
public by furnishing sleeping accommodation with or without food.
3.114
Motor Home
Shall mean a land-based, self-propelled vehicle designed, intended, and used for travel recreation or vacation and, in
addition, used for living, sleeping, and eating on a temporary basis, and excludes a houseboat.
3.115
Motor Vehicle Sales and Service Establishment
Shall mean a building or lot used for the display and sale of new and/or used motor vehicles including motor homes and
may include the servicing, repair, cleaning, polishing, lubrication, and painting of motor vehicles, the sale of automotive
parts and the leasing or renting of motor vehicles.
3.116
Motor Vehicle Service Station
Shall mean a retail place of business, the prime function of which is the sale of automotive fuels and products and/or
provision of repair service and maintenance to motor vehicles.
3.117
Municipal Concession Road Allowance
Shall mean an original concession road allowance laid out on the original survey by Crown surveyors. The original
concession road allowances, whether opened or not opened, used or not used, are owned by and under the jurisdiction
of the Township, except where disposed of by the Township and sold to another party in accordance with the applicable
Provincial Statute.
3.118
Municipal Shore Road Allowance
Shall mean a one chain (66 foot) area of land located adjacent to a shoreline that was identified on the original survey
prepared by Crown surveyors and that is now owned and under the jurisdiction of the Township.
3.119
Navigable
Shall mean any body of water that is capable in its natural state or, at 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.
3.120
Non-Complying Lot
Shall mean a lot created prior to or after the passing of this By-law that does not meet the requirements of this By-law.
3.121
Non-Complying Building
Shall mean a building or structure that is a permitted use at the date of the passage of this By-law but does not comply
with the provisions of this By-law.
- 15 -
3.122
Non-Conforming Use
Shall mean the use of lands, buildings or structures that were legally existing at the date of the passage of this By-law,
but which is not a use permitted in the zone in which the said use is situated.
3.123
Obnoxious
Shall mean when used with reference to any use of land, building or structure, a use that from its nature or from the
manner of carrying on the same, creates or is liable to create by reason of destructive gas fumes, dust, objectionable
odour, noise, vibration, unsightly storage of goods, wares, merchandise salvage, junk, waste, or other material, a
condition that may become hazardous or injurious regarding health or safety or that prejudices the character of the
surrounding area or interferes with, or may interfere with, the normal enjoyment of any use of land, buildings or
structures.
3.124
Office, Business
Shall mean any building or part of a building in which one or more persons are employed in the management, direction
or conducting of an agency, business, or organization, but excludes such uses as retail sales, manufacturing, assembly
or storage of goods, or places of assembly and amusement.
3.125
Office, Professional
Shall mean a building or part of a building in which professionally qualified persons such as doctors, lawyers, or
engineers, and their staff, serve clients or patients who seek advice, consultation or treatment.
3.126
Park, Public
Shall mean a recreational area owned or controlled by the Township or by any Board, Commission or other Authority
established under any statute of the Province of Ontario.
3.127
Parking Area
Shall mean an area provided for the parking of motor vehicles and may include aisles, parking spaces and related
ingress and egress lanes, and a private garage.
3.128
Parking Lot
Shall mean a property used for the parking of motor vehicles and will include a parking area.
3.129
Parking Space
Shall mean an area of land, not being part of a highway or other road and having unobstructed access to a road or lane,
used for temporary parking or storage of motor vehicles.
3.130
Person
Shall mean an individual, association, firm, partnership, corporation, trust, incorporated company, organization, trustee,
or agent, and the heirs, executors, or other legal representatives of a person to whom the same can apply according to
the law.
3.131
Personal Service Shop
Means a building or part of a building, not otherwise defined or classified herein, used for the performance of personal
services such as a barber shop, beauty parlour, or for the servicing or repairing of articles, goods or materials, and in
which no product is manufactured and includes radio, television and appliance repair shops but does not include a motor
vehicle service station..
3.132
Place of Worship
Shall mean a building dedicated to religious worship and shall include a church hall, church auditorium, Sunday school,
parish hall, day nursery, convent, monastery, manse or rectory or parish hall.
3.133
Planning Act
Shall mean the Provincial legislation the Planning Act, R.S.O. 1990, c.P.13
- 16 -
3.134
Planting Strip
Shall mean an area that shall be used for no purpose other than planting a row(s) of trees or a continuous unpierced
hedgerow of evergreens or shrubs not less than 1.5 metres high, and immediately adjacent to the lot line.
3.135 Pump House
Shall mean a building or structure used to fence, wall in, or cover a hydraulic device used to deliver, pressurize or store
a private domestic water supply, and accessory equipment or tools.
3.136
Railway Shipping Container
Shall mean a container (also known as shipping containers, ITU's (Intermodal Transport Units) or isotainers) that can be
loaded and sealed intact onto container ships, railroad cars, planes and trucks.
3.137
Recreational Facility, Public
Shall mean lands, buildings, or structures used for recreational purposes by the public, with or without a fee.
3.138
Recreational Facility, Private
Shall mean lands, buildings, or structures used for recreational purposes such as open spaces, trails or picnic areas,
exclusively by a property owner for his or her own personal enjoyment.
3.139
Recreational Facility, Private Club
Shall mean lands, buildings, or structures used for recreational purposes by a private club such as recreational fields, trails,
picnic areas, children clubs, boating programs and other recreational programs for members of the private club and guests.
3.140
Recreational Use, Passive
Shall mean an activity or use of land carried out for recreational purposes that does not require the construction of
buildings or structures or the alteration of soil or topography and uses shall be limited to open space, trails,
environmental areas, and picnic areas.
3.141
Residence
Shall mean a building or structure where a person or persons resides.
3.142
Restaurant
Shall mean a building, or part thereof, used for the serving of foods or refreshments to the public, with the serving and
consumption of food taking place within the building, except for a terrace or patio or other open areas adjacent to the
building where the serving and consumption of food and refreshments may take place on a temporary or seasonal basis.
3.143
Retail Store
Shall mean a building or part of a building where goods, merchandise, substances or things are offered for retail sale
directly to the general public and includes storage on the store premises of limited quantities of such goods,
merchandise, substances, articles or things sufficient only to service such store and shall include a supermarket or food
store, but does not include any establishment otherwise defined or classified herein or any manufacturing, processing,
construction uses, or outdoor storage.
3.144
Roadway
Shall mean a public road or a private road as defined herein.
3.145
Road, Private
Shall mean any roadway or open way that allows for the passage of a conventional passenger vehicle(s) and serves as
access over more than one property to more than one lot, but does not include a driveway, a public road or public highway
as defined in the Municipal Act.
- 17 -
3.146
Road, Public
Shall mean a public highway or road other than a driveway, a lane, right-of-way or private road that is maintained by a
public road authority and that is open and passable by the public.
3.147
Road, Public Improved
Shall mean a Highway which has been assumed for public use and is maintained year-round by the Township or any
other public authority.
3.148
Road, Seasonal
Shall mean a private road or a public road other than an improved public road, that is not maintained year-round.
3.149
Sauna
Shall mean a building that is used for steam or dry heat baths and not for human habitation
3.150
Secondary Uses
Shall mean uses relating to but are secondary or subordinate to the principal uses permitted on a lot.
3.151
Service Shop
Shall mean a building for the sale or repair of household articles, and includes radio, TV, and appliance repair shops but
does not include industrial or manufacturing uses or motor vehicle service station.
3.152
Setback
Shall mean the horizontal distance from the lot line of the lot to the nearest part of any building or structure on the lot.
3.153
Sight Triangle
Shall mean the triangular space formed by the public road lines of a corner lot and a line drawn from a point in one
public road line to a point in the other public road line or railway line, each such point being five metres from the point of
intersection of the public road lines.
3.154
Sign
Shall mean a name, identification, description, device, display, or illustration that is affixed to or represented directly or
indirectly upon a building, structure, or lot and which directs attention to an object, product, place, activity, person,
institution, organization or business.
3.155
Site Alteration
Shall mean activities such as filling, grading and excavation that would change the landform and natural vegetative
characteristics of a site.
3.156
Site Plan
Shall mean a scaled drawing showing lot lines, buildings or structures existing and/or proposed on a lot and including
such details as parking areas, access points, landscaped areas, building areas, setbacks from lot lines, building heights,
floor area, lot coverage, lighting, septic tank tile fields, utility lines, site servicing details, grading and drainage and
stormwater management, or any other items required by the Township to be represented on the drawing.
3.157
Sleeping Cabin
Shall mean an accessory building designed and built for human habitation that excludes cooking facilities and is not
made available for remuneration and is incidental and subordinate to the main dwelling.
3.158
Storage Use
Shall mean the use of lands or buildings for storing materials, goods, or produce to preserve them in a condition that
makes them usable at a later date.
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3.159
Storey
Shall mean that portion of a building (other than basement, cellar or attic) which is included between the surface of the
floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the
ceiling or roof next above it. A deck on the roof of a building is considered a storey.
3.160
Storey, First
Shall mean the storey with its floor closest to final grade and having its ceiling more than 1.8 m above final grade, as
averaged between all sides of the structure.
3.161
Storey, Top
Shall mean that portion of a building located between the uppermost floor level (i.e. the floor level that does not have
any floor level above it) and the ceiling above.
3.162
Structure
Shall mean anything that is erected, built, or constructed, the use of which requires location on the ground or being
attached to something having location on the ground, and for the purposes of this By-law, shall include a tennis court, an
unlicensed vehicle, a boat affixed to the ground or a private sewage system, but shall not include free standing walls,
fences or hedges.
3.163
Swimming Pool
Shall mean an artificial body of water, excluding ponds, of more than 6 m² in area, and having a depth in excess of 1.3
metres used for swimming, bathing, or diving.
3.164
Tavern
Shall mean a building where beverages are offered for sale to the public for immediate consumption and that requires a
License under the Liquor License Act, R.S.O. 1990, c.L. 19 as amended from time to time.
3.165
Temporary Use
Shall mean the use of land, buildings, or structures for a construction office, tool shed, or for the storage of scaffolds,
equipment and material that is incidental to and necessary for construction work in progress for so long as the same are
necessary for the construction work which has neither been finished nor abandoned on the same lot.
3.166
Tent
Shall mean every kind of temporary structure providing shelter for sleeping that is not permanently affixed to the site and
is capable of being easily moved and that is not considered a vehicle, a camper or a trailer.
3.167
the Township
Refers to the Corporation of the Township of The Archipelago.
3.168
Tourist Establishment
Shall mean buildings, structures or uses intended for the traveling or vacationing public that have facilities for
accommodation and may serve meals or provide kitchen facilities within each unit and may furnish equipment, supplies
or services to persons for recreational purposes, but does not include a trailer park, a campground, or a four season
destination resort.
3.169
Trailer
Shall mean a structure designed and intended for travel, recreation or vacation usage that is capable of being drawn by
a motor vehicle, and includes tent trailers or similar transportable accommodation used for living, sleeping, or eating on
a temporary or occasional basis, but excludes a mobile home or a dwelling unit.
3.170
Trailer and/or Tent Site
Shall mean a portion of a lot occupied or intended for use by one trailer or one tent.
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3.171
Trailer Park
Shall mean the use of land for the provision of overnight or short term accommodation for trailers, motor homes, and
tents but not mobile homes and includes services and facilities normally incidental and subordinate to such a use
including washroom and bathing facilities, active and/or passive recreational uses, and an entrance kiosk.
3.172
Transfer Station
Shall mean a parcel of land and/or structure used for the collection of waste for a temporary time until such waste may be
transported, but does not include a waste disposal site.
3.173
Transient Boater
Shall mean a boater who does not reside or own property in the Township and whose boat is equipped and used for
overnight habitation.
3.174
Use
Shall mean the purpose for which any land, buildings, structures, or premises are arranged, designed, or intended to be
used, or are or may be occupied or maintained; the words 'used', 'to use', and 'uses' have a corresponding meaning.
3.175
Walkway
Shall mean a structure constructed and used by pedestrians and vehicles which connects different buildings or different
parts of a building or different areas on a property.
3.176
Warehouse
Shall mean a building used for the storage and distribution of goods, wares, merchandise, substances or things, and
may include facilities for a wholesale and/or retail outlet.
3.177
Waste
Shall mean ashes, garbage, refuse, domestic waste, industrial waste, municipal refuse and such other wastes that may be
designated pursuant to The Environmental Protection Act.
3.178
Waste Disposal Site
Shall mean any land or land covered by water, upon, into, in or through which, or buildings or structures in which, waste is
deposited or processed and any machinery or equipment or operation required for the treatment or disposal of waste and
for which a Certificate of Approval has been secured from the appropriate government authority.
3.179
Waterbody
Shall mean any body of water in excess of 50 hectares of surface area.
3.180
Watercourse
Shall mean the natural or altered channel of a stream, a creek or a river, and for the purpose of this By-law, includes the
channel for intermittent streams.
3.181
Waterlot
Shall mean land that is permanently or seasonally inundated with water and includes patented or Crown lands that have
been authorized for public, private or commercial use by the Ministry of Natural Resources and that are capable of being
surveyed.
3.182
Waterway
Shall mean any creek, pond, stream, river or standing body of water whether or not such body of water is seasonal.
3.183
Wayside Pit & Quarry
Shall mean any temporary pit or quarry opened and used by or for a public authority solely for the purpose of a particular
project or contract of road construction and not located on the road right-of-way.
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3.184
Wind Turbine
Shall mean a machine for producing power in which a wheel or rotor is made to revolve by a flow of air. A wind turbine
is considered to be the part of a wind energy system encompassing the rotor (including turbine blades), generator, tail
and supporting structure. Supporting structure may include a guyed or free standing structure that supports the turbine
or be an existing building or structure on which the turbine is located.
3.185
Yard
Shall mean an open, uncovered space on the same lot with a building, structure or use.
3.186
Yard, Front
Shall mean a yard extending across the full width of the lot between the front lot line and the nearest part of any building,
structure or open storage use on the lot.
3.187
Yard, Required
Shall mean the minimum yard required by the provisions of this By-law.
3.188
Yard, Rear
Shall mean a yard extending across the full width of the lot between the rear lot line and the nearest point of any
building, structure, or open space use on the lot.
3.189
Yard, Side
Shall mean a yard extending from the front yard to the rear yard and from the side lot line to the nearest part of any
building, structure, or open storage on the lot.
3.190
Zone
Shall mean an area delineated on a Zoning Map Schedule and established by this By-law for a specific use.
- 21 -
Section 4 - Establishment of Zones
4.1
Incorporation of Zoning Maps
The locations and boundaries of the Zones established by this By-law are contained on Zoning Schedules attached to
and form part of this By-law.
4.2
Zone Boundaries
When determining the boundary of any Zone as shown on any Schedule forming part of this By-law, the following
provisions shall apply:
a) A boundary indicated as approximately following lot lines shown on a registered plan of subdivision, or as otherwise
registered in the local registry office or land titles office, or on the original municipal survey shall follow such lot lines.
b) A boundary indicated as following a watercourse, public highway or public road, or a right-of-way of a railway,
electric, gas or oil transmission line shall be the center line of such watercourse, highway, road, or right-of-way.
c)
Notwithstanding b) above where a zone boundary on the Zone Schedules abuts a waterway, such zone shall be
deemed to extend into the waterway and to apply to any waterlots, Crown lake bed or any land created by changing
lake levels, land fill operations or by any other means, and to extend over all docks, boathouses and boatports,
breakwalls, groins, seawalls, cribs, anchorages and boats or vessels where they are affixed to the ground.
d) The Municipal Boundary shall serve as a zone boundary for all zones extending to the limits of the Township of The
Archipelago.
e) The Schedules forming part of this By-law are drawn to scale and shall be used to determine distances not specified
on the Schedules.
4.3
Zones
For the purposes of this By-law, the Township of The Archipelago is divided into the following Zones:
CR
COASTAL/ISLAND RESIDENTIAL
IR
INLAND LAKES RESIDENTIAL
GR
GENERAL RESIDENTIAL
MC
MARINA COMMERCIAL
RC
RESORT COMMERCIAL
MRC
MARINA/RESORT COMMERCIAL
PBC
POINTE AU BARIL COMMERCIAL
EC
GENERAL EMPLOYMENT COMMERCIAL
CC
CONTRACTOR COMMERCIAL
PC
PRIVATE CLUB
NS
NATURAL STATE
NSC
NATURAL STATE CONSERVATION
ES
ENVIRONMENTAL SENSITIVE
ES1
ENVIRONMENTALLY SENSITIVE ONE
ES2
ENVIRONMENTALLY SENSITIVE TWO
EU
EXISTING USE
CF
COMMUNITY FACILITY
PQ
PIT AND QUARRY
WD
WASTE DISPOSAL
- 22 -
4.4
Use of Zone Symbols
The symbols listed in subsection 4.3 may precede the word "Zone" (i.e. CR Zone) in place of the "Zone Name" and shall
have the same meaning. The symbols, when used within the Schedules of this By-law, shall refer to the Zone in which
the lands are situated and the provisions of such Zone shall apply.
4.5
Application of Zones
No person within any Zones defined in this By-law and delineated on the Zoning Schedules attached hereto, shall use
any lands, buildings or structures, or erect, alter, enlarge or make changes to any buildings or structures or to the use of
any buildings or structures or lands except in conformity with the provisions of this By-law.
4.6
Environmental Zones
Where an 'Environmentally Sensitive (ES)', 'Environmentally Sensitive 1 (ES1)', and/or 'Environmentally Sensitive 2
(ES2)' zone overlays any other zone the 'Environmentally Sensitive (ES)', 'Environmentally Sensitive 1 (ES1)', and/or
'Environmentally Sensitive 2 (ES2)' zone provisions shall take priority.
4.7
Discrepancies
In the event that there is a discrepancy between regulations in the "General Provisions" of this By-law and a specific
Zone, the most restrictive provisions shall apply.
4.8
Exceptions to Zones
Where a Zone symbol on the Schedules attached to this By-law is followed by a hyphen and a number (i.e. CR-1), the
number following the hyphen refers to the Exception Sections of this By-law contained in each Zone category. These
Sections outline exceptions to the permitted uses and provisions of main Zone categories (i.e. Residential Zones) of this
By-law as it relates to individual properties located within the Township. In many instances, the exceptions listed in
these Sections reflect certain Zoning By-law Amendments, which were processed under former Zoning By-laws. These
Sections do not grant any other rights than those specifically applying to the individually identified properties. These
Sections are also intended to act as a log of Zoning By-law Amendments, which may be granted by the Township in the
future.
4.9
Identification of Residential Divided Properties by Zone Symbols
Where a Zone symbol on the Schedules attached to this By-law is followed by a slash "/" and the letter "D" (i.e. CR/D),
the letter "D" following the slash "/" means that the affected lot has previously being the subject of a consent to land
severance application granted by a consent granting authority. The "/D" symbols are attached to residential properties
zoned for residential use that have been divided by consent to land severance to enable the Township to track land
severance activity and determine compliance of any future severance application with applicable land division policies of
the Official Plan for The Township of The Archipelago. In many instances, the "/D" attached to Zone Symbols reflect
certain Zoning By-law Amendments, which were processed under former Zoning By-laws.
4.10
Holding Provision Symbols
Where a Zone symbol applying to certain lands on the Schedules is followed by a dash and the letter "(H)" in brackets,
the lands shall be placed in a "Holding Zone" pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended. The
Holding Symbol "/H" shall be removed according to the provisions of the Official Plan and the provisions of this By-law
and the amendments hereto. When the Holding Symbol has been removed, the lands shall be developed according to
the requirements of the zone used in conjunction with the Holding Symbol. Until the "/H" is removed, no person shall
use those lands except in compliance with the provisions of the applicable zone for uses existing on the date of passing
of this By-law or amendment thereto, except as may otherwise be provided for on specific properties by special zone or
general provisions contained in this By-law.
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Section 5 - General Provisions
5.1
Accessory Use
5.1.1
Regulations Applicable to All Zones
a) Where this By-law provides that land may be used or that a building or structure may be erected, altered or used for
a purpose, that purpose shall be deemed to include any use incidental thereto, or any accessory building or
structure.
b) Accessory buildings and structures shall comply with the yard requirements of the main building permitted in the
applicable Zone, except where a specific yard requirement is established elsewhere in the By-law for an accessory
building or structure.
5.1.2
Regulations Applicable to Residential Uses
i)
Accessory Uses - Residential:
a) Any accessory building or structure, other than a sleeping cabin, is not permitted to be used for human habitation;
b) The use of any accessory building or structure for the keeping of animals, other than domestic pets, is not
permitted in any zone unless specifically authorized by the provisions of that zone.
ii) Accessory Structures - Residential:
a) Accessory buildings shall not exceed one storey and 5 metres in height except where more restrictive height
requirements apply;
b) The maximum number of accessory buildings permitted on any lot zoned for residential use is three. This number
does not include: sleeping cabins, a privy, a marine storage facility, and a pump house, provided that such
buildings are not used in combination with any other accessory building or use;
c)
Except as may be provided elsewhere in this By-law, any accessory building or structure, including any
unenclosed, uncovered decks, which is not attached to the main building shall be erected with a minimum front
yard setback of 7.5m;
d) Notwithstanding subsection c) above or any of the other provisions of this By-law to the contrary, a boathouse or
boatport, one sauna, one pump house, three marine railways and one marine storage facility may be located in the
required front yard of any lot zoned for residential use. The regulations applicable to boathouses and boatports
are addressed in subsection 5.3 of this By-law. The regulations applicable to a marine storage facility are
addressed in Subsection 5.18 of this By-law. Regulations applicable to pump houses are addressed in Subsection
5.29 of this By-law;
e) Truck, Bus, Shipping Container Use prohibited - No person shall, in any Residential Zone, use any truck, bus,
coach, streetcar body, railway car body, railway shipping container, or similar structure of any kind, for the purpose
of an accessory structure.
f)
No accessory building or structure on any lot zoned for residential use shall have a total floor area greater than the
ground floor area of the main building. This subsection does not apply to boathouses or boatports;
g) Accessory building(s) or structure(s) shall not include cooking facilities;
h) Accessory building(s), structure(s) or use(s) may only be established after the main building, structure or use has
been established.
5.1.3
Regulations Applicable to Accessory Commercial Uses/Buildings or Structures
Except as provided elsewhere in this By-law, the total lot coverage of all accessory buildings and structures shall not
exceed 5% of the total lot area of the subject property.
- 24 -
5.2
Bed and Breakfast Establishment
The bed and breakfast establishment is a permitted use only within the single detached dwelling on a lot zoned for
residential use provided that:
a) The lot has direct access to and fronts upon a public or private road; and
b) Not more than 3 guest rooms will be provided for in the main single detached dwelling; and
i)
Where a bed and breakfast establishment and a home occupation are located in the same main single detached
dwelling, a maximum of 25% of the Total Floor Area of the dwelling shall be used for these purposes; and
ii)
Where a bed and breakfast establishment and a home industry are located on the same residential lot, a maximum of
25% of the Total Floor Area of the main single detached dwelling may be used for the combination of these purposes;
and
iii) The guest rooms shall not have kitchen facilties and guests shall not have access to kitchen facilities; and
iv) The bed and breakfast shall not change the character of the main single detached residence.
5.3
Boathouses and Boatports
No person shall use land adjacent to a navigable waterway for the purpose of a boathouse or boatport unless the following
provisions are met::
a) Approvals for the boathouse or boatport have been obtained, where required, from any authority having jurisdiction;
b) The boathouse or boatport including all attached docks shall not be located closer than 10 metres to the side lot line,
including the straight line extension of the said side lot line into the water;
c)
The boathouse or boatport is not used for human habitation;
d) The boathouse or boatport shall not occupy more than 25 percent or 15 metres, whichever is lesser, of the distance
across the adjacent waterway measured from shoreline to shoreline with a straight line;
e) Where a boathouse or boatport is proposed to be constructed in a waterway less than 30 metres in width, the
boathouse or boatport shall be oriented so that the resultant boathouse or boatport slip will cause the boat, when
docked, to be parallel to the centre line of the waterway adjacent to the boathouse or boatport;
In addition to the provisions set out in subsections (a) to (e), in the case of a lot zoned Residential:
f)
a boathouse or boatport shall be permitted within 3 m inland of the highwater mark and adjacent navigable waters;
g) The maximum number of boathouses or boatports permitted is one;
h) The maximum number of storeys of any boathouse or boatport shall be one storey; and the maximum height shall be
4.5 metres. No attic, second floor, or loft shall be permitted in a boathouse or boatport. In measuring height, final grade
shall refer to the top of the deck/dock supporting the building and the supporting deck/dock shall not be greater than
1.5 metres above the highwater mark.
i)
On a single ownership island zoned for residential use, a minimum lot area of 8,000 m² is required in order to permit
the construction of a boathouse or boatport. In the case of a lot, other than a single ownership island, and zoned for
residential use, a minimum lot frontage of 100 metres and a minimum lot area of 8,000 m² shall be required to permit a
boathouse or boatport.
j)
No boathouse or boatport can occupy an area exceeding 120 m²;
k)
The width of the boathouse or boatport measured as a straight line parallel to the chord of the lot frontage, including
attached docks, shall not exceed15m width.
l)
Where a boathouse or boatport is located on a lot, or on a single ownership island, the number of permitted docking
sites shall be reduced by one division.
- 25 -
m) where a lot contains an ES and/or ES1 Zone along the entire length of the front lot line, or where a boathouse or
boatport cannot be located on a lot in any location along the shoreline other than within the ES and/or ES1 Zone, a
boathouse or boatport may be permitted within the ES and/or ES1 Zone provided it meets the requirements of the
appropriate approval authority;
n) Structures intended to house aircraft on floats or awning/fabric/air structures designed to house watercraft at the
shoreline are subject to all of the above provisions, and any other applicable provisions of this By-law.
5.4
Bridges and Causeways
No person shall use any lot adjacent to a waterway for the purpose of erecting a structure or placing material for the
construction of a road, walkway, bridge or causeway to join two lots and/or islands separated by water.
5.5
Connections Between Buildings
a) buildings are not to be attached except if connected by a passageway, breezeway or roof;
b) if two detached buildings are connected by a passageway, breezeway or roof then the passageway, breezeway or
roof 'Floor Area, Residential (Total)' will be equally apportioned between each of the detached buildings.
5.6
Dark Sky Provisions (lights)
No person shall erect or use an outside light fixture in any zone except in conformity with the provisions contained in any
by-law of the Township regulating such lights and in conformity with the following provisions:
i)
flashing lights other than navigational lights are prohibited;
ii)
lights shall not be erected or used in ways which might confuse or interfere with normal navigation;
iii) lights installed for the purpose of navigational aid shall be approved by the government agency having jurisdiction;
iv) lights used to illuminate structures or property shall be arranged to direct light away from adjacent premises, roads or
waterways;
v)
spotlights and floodlights shall not be used; and
vi) for the purposes of this By-law, a light mounted on a pole, post, wall, tree or footing shall be considered an accessory
structure.
5.7
Decks
a) Where a deck is attached to the main dwelling, the attached deck may extend from the main dwelling into a required
front yard setback of a lot zoned for residential use provided the deck is not closer than 3 metres to the highwater
mark and is not more than 2 metres above final grade and further, an attached deck may encroach 1.5 metres into a
side or rear yard provided that, in the case of unenclosed and uncovered decks and patios, such uses are not more
than 1.2 metres above final grade.
b) Where the deck is attached to an accessory building, it shall comply with the front yard requirement for the
accessory building but an attached deck may encroach into a side or rear yard a maximum of 1.5 metres provided
that, in the case of unenclosed and uncovered decks and patios, such uses are not more than 1.2 metres above
final grade.
c) A single detached deck is permitted provided the area of the deck does not exceed 40 m² and provided the floor of
the deck is no more than 2.0 metres above the grade of the land over which it is located and provided it complies
with all required front, side or rear yard setbacks for an accessory structure on a lot zoned for residential use.
d) For any Zone other than a Residential Zone, attached and detached decks shall comply with the required front yard,
side yard and rear yard setbacks applicable to the zone.
5.8
Docks
i)
Residential:
Docks are permitted structures on adjacent waterways and nearshore lands where the lands are zoned Residential,
subject to meeting the following provisions:
a) A dock is considered an accessory structure that is incidental to the main dwelling on the lot and shall not be
constructed unless:
- 26 -
i)
a main dwelling exists on the lot; or,
ii)
a building permit for the main dwelling has been issued by the Township
Residential - Inland Lakes:
b) Inland lakes are permitted 2 dock sites with:
i)
a maximum cumulative width of 15 metres
ii) a maximum outer extent of 20 metres
iii) a maximum in-shore extension (beyond controlled water mark) of 3 metres
c)
One of the permitted dock sites may have a near shore portion of the dock located no more than 6 metres in
the water from the high water mark with a maximum area of 70 m2 and within the maximum dimensions of 15
metres long (along the shore) and 6 metres wide. All other dock sites shall have no portion of a dock which
exceeds 4 metres in width. Further, the height of such structure shall not be more than 1.5 metres above the
high water mark or grade;
Residential - Georgian Bay:
d) Single Ownership Islands that are greater than 1 acre in area and lots with a frontage in excess of 200 metres
on Georgian Bay are permitted 3 docking sites with:
i)
the maximum width of one dock site not to exceed 15 metres, measured at its widest width along or
parallel to the shore, and a cumulative width of all dock sites not to exceed 30 metres
ii)
a maximum in-shore extension (beyond original high water mark) of 3 metres
e) Single Ownership Islands that are equal to or less than 1 acre in area and lots with a frontage that is equal to or
lesser than 200 metres on Georgian Bay are permitted 2 docking sites with:
i)
the maximum width of one dock site shall not exceed 15 metres, measured at its widest width along or
parallel to the shore, and a cumulative width of all dock sites not to exceed 20 metres
ii)
a maximum in-shore extension (beyond original high water mark) of 3 metres
f)
One of the dock sites permitted under (d) and (e) above may have a near shore portion of the dock with a
maximum area of 70 m2 and maximum dimensions of 15 m long (along the shore) and 6.5 metres wide and
may be located no more than 10 metres into the water and 3 metres inland from the high water mark. Further,
the height of such structure shall not be more than 1.5 metres above the high water mark or grade. All other
dock structures shall have no portion of the dock that exceeds 4 metres in width.
v) Any other near shore portion of a dock located in the water within 6 metres of the high water mark and 3
metres in land of the high water mark, shall not exceed a length of 7.5 metres (along the shore) and 4 metres
wide. Further, the height of such structure shall not be more than 1.5 metres above the high water mark or
grade.
Residential - All Areas:
h) Where a boathouse or boatport is located on a lot, or a one owner island, the number of permitted docking
sites shall be reduced by one. Further, the width of the boathouse/boatport shall not be included towards the
maximum permitted cumulative width for dock sites.
i)
Docking sites must be located more than 5 metres away from each other.
j)
Except as noted in Section c, f and g, no single dock may be wider than 4 metres or located closer than 2
metres to any other parallel dock.
k)
No dock structure shall be located closer than 6 metres to the side lot line including the straight line extension
of the side lot line, 25 metres into the water from the high water mark. In the administration of this specific
regulation, consideration may be given to varying from this standard in areas where the straight line extension
causes significant hardship for the safe and effective placement of a dock.
l)
No docking envelope shall extend more than 25% of the total distance across the adjacent waterway measured
from highwater mark to highwater mark.
- 27 -
m) In waterways less than 30 metres in width, docks should be oriented so that it causes any boat, when docked,
to be approximately parallel to the centre line of the waterway adjacent to the dock.
n) Docking envelopes should be located outside of ES and/or ES1 zones. Any portion of a docking envelope
located in an ES and/or ES1 Zone shall not exceed 50 m2.
ii)
Commercial and Private Club Zones:
a) Dock(s), boathouses and boatports are permitted structures on adjacent waterways and near-shore lands
where the lands are zoned in a 'Commercial' or 'Private Club (PC)' zone and are located in a waterlot
authorized by the appropriate government agency or in a docking enveloped defined herein.
b) The dock(s) shall be set back a minimum of 20 metres from the side lot line for a 45 metre straight line
extension of the side lot line into the water from the highwater mark and thereafter subject to a 0 metre setback
from the straight line extension. With the exception of Lots 27,28 and 29 of Concessions 4 and 5, geographic
Township of Harrison (Pointe au Baril Station) and Lots 45, 46 and 47 of Concession 11, geographic Township
of Harrision (Bayfield), which are permitted a 0m setback.
c) The area of any waterlot authorized by the Ministry of Natural Resources must not exceed the area of the
onshore lands, with the exception of Lots 27, 28 and 29 of Concessions 4 and 5, geographic Township of
Harrison (Pointe au Baril Station) and Lots 45, 46,and 47 of Concession 11, geographic township of Harrison.
d) Any boat, moored to a dock located in a waterlot or docking envelope shall be located within the waterlot or
docking envelope.
e) For any lands zoned in a 'Commercial' or 'Private Club (PC)' zone where authorization cannot be gained from
the Ministry of Natural Resources for a waterlot the following provisions shall apply:
i) Docks shall be located within a docking envelope;
ii) The total cumulative size of docking envelopes shall be permitted to be 10% of the lot area to a maximum
of 2000 sq. m.
iii)
A docking envelope for a commercial or private club zone shall:
1. Not exceed a width of 50% of the frontage of the subject property or 75 metres measured between
parallel lines drawn perpendicular to the shoreline;
2. Not contain a single dock with a width greater than 4 metres, being the smallest dimension and closer
than 2 metres to any other parallel dock;
3. In waterways less than 30 metres in width, be oriented so that it causes any boat, when docked, to be
approximately parallel to the centre line of the waterway adjacent a dock in the docking envelope;
f)
docking envelopes should be located outside of ES and/or ES1 Zones. Any portion of a docking envelope
located in an ES and/or ES1 Zone shall not exceed 50 m².
5.9
Dredging and Filling Prohibited
No person shall dredge or fill any lands or navigable waterway or in an Environmental Sensitive Area Zone unless:
a) authorized by the provisions of this By-law;
b) the lands or waters are zoned in a Commercial Zone or in a Pit and Quarry Zone;
c)
the dredging or filling is for the purpose of channelization to respond to periods of low water levels on Georgian Bay; or
d) for the purposes of satisfying septic system requirements.
All dredging and filling must be authorized by and a permit obtained from the appropriate government authority.
5.10
Dwelling Units
No dwelling unit, in its entirety, shall be located below grade, except where one wall of the dwelling unit is completely
exposed to the exterior and contains a door and windows for the dwelling unit below grade.
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5.11
Floodplain
No building or structure for human habitation shall be permitted within a floodplain.
5.12
Fuel Pump Location
Notwithstanding any of the other provisions of this By-law, a fuel pump may be located within any front yard or side yard
of an automobile service station or marina, provided that:
a)
the minimum distance between any portion of the fuel pump or other equipment used for the handling of gasoline or
associated products, and any lot line shall be 2 metres. In the case of a fuel pump located on a dock for the
purpose of refueling boats or recreation water craft, this provision shall not apply to the front lot line; and
b)
the installtion of the fuel pump or other equipment used for the handling of gasoline or associated products shall be
in accordance with the requirements of the Gasoline Handling Act and any regulations made thereunder.
5.13
Height Restrictions
a)
No building or structure erected on a lot shall exceed the maximum height requirement for the applicable Zone.
Height restrictions included in this by-law do not apply to the following structures provided the use is a permitted
use within the Zone in which it is located:
Church spire
clock tower
air conditioner duct
flag pole
belfry
water tower
bridge
communications tower or antenna
chimney
wind turbine
b) In the Residential Zones, no fence shall exceed 1.8 metres in height. Where a fence would directly enclose, a tennis
court, or where a fence encloses an above ground swimming pool, such fencing shall not exceed a maximum of 2.5
metres in height nor be located within 3 metres of the lot line.
c) Once the final grade is established for a building in the Residential Zones, if a cumulative 20% of the length of any
front wall of any building has a final grade which exceeds the required height by 1 metre or less for that 20% portion,
then the height shall be deemed to comply with the height restriction. In any event, 80% of the length of any front
wall of any building must comply with the required height.
5.14
Home occupation
A home occupation is a permitted use within a main dwelling or within a legally established accessory residential structure
on any lot zoned for residential use provided that:
a) The home occupation or business activity use occurs within a legally established main dwelling or within a legally
established accessory building. A home occupation is not permitted within a sleeping cabin;;
b) There is no external display or advertising, other than a sign erected in accordance with any by-laws of the Township
regulating signs;
c)
The home occupation is clearly secondary to the main residential use and does not change the character of the main
dwelling or residential land use nor create or become a nuisance in regard to noise, traffic or parking;
d) The lot has direct access to and fronts upon a public or private road and/or has frontage on a navigable waterway;
e) Not more than 25% of the floor area of the main dwelling shall be used for the home occupation use if the home
occupation is located within the main dwelling. If the home occupation is located in an accessory structure, a maximum
of 25% of the total floor area of the main dwelling may be used for the calculation of the maximum floor area of the
home occupation. The total maximum floor area allowable for a home occupation is 25% of the floor area of the main
dwelling.
f)
Only persons residing in the main dwelling may operate the home occupation;
g) The operation of a barber or beauty shop shall be limited to one operator in a single detached dwelling; and;
h) The home occupation shall not have a display or show room;
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i)
An accessory outdoor storage area for the home occupation may be located in the rear yard provided it occupies no
more than 100 m² of lot area;
j)
In no case shall two home occupations be located on the same lot;
k) if the home occupation is located in an accessory building, the accessory structure must be located behind the main
dwelling;
l)
The owner of the home occupation must enter into a site plan agreement with the municipality;
5.15
Island Requirements
Notwithstanding any other provision of this By-law to the contrary, a one owner island shall be deemed to comply to the lot
area, frontage and depth requirements of this By-law if the island has an area of 4000 m² or more above the high water
mark (176.44 metres G.S.C. above sea level) and is zoned for Residential use'; or a one owner island shall be deemed to
comply to the lot area, frontage and depth requirements of this By-law if the island has an area of 8100 m² or more above
the high water mark (176.44 metres G.S.C. above sea level) and is zoned 'Natural State (NS)' and is eligible under Official
Plan policies for rezoning to a 'Residential Zone'.
5.16
Lands or Islands Not Zoned
Any lands or islands shown on the Schedules to this By-law, which are not identified as being in any Zone category,
whether privately owned or Crown Land shall be classified as being in a Natural State (NS) Zone.
5.17
Lot Development Requirements
a) Requirement of a Lot
Except where specifically provided for elsewhere in this By-law, no building or structure shall be erected, altered,
extended or enlarged and no land shall be used for any permitted use unless the property comprises a lot.
b) Frontage on Public Road or Navigable Waterway
No lot shall have built upon it a building for any purpose in any zone unless that lot abuts a public road or navigable
waterway, except that where the lot existed at the date of passing of this By-law and such lot has a registered right-
of-way or easement to a public road, on the date of passing of this By-law, the lot may be used for uses permitted in
the applicable zone.
In the case where a lot separated by land owned by the Government of Ontario, The Crown, or the Township of
The Archipelago, and such land is held by a public agency for road widening purposes or as a 0.3 metre reserve,
the use of land, building or structure of such lot is permitted if no other frontage to a public road or navigable
waterway exists, subject to an encroachment agreement.
c) More Than One Use or One Zone On a Lot
When a lot contains more than one use, each use shall conform to the provisions of this By-law applicable to each
use. When a lot is divided into more than one zone, each portion of the lot shall be used in accordance with the
provisions of this By-law applicable to each zone.
d) Restrictions on Changes
i)
The purpose for which any land or building or structure is used shall not be changed, no new building or
structure or accessory structure or addition to any existing building or structure or accessory structure shall
be erected and no land shall be severed from a lot, if such change, erection or severance creates a situation
that contravenes any of the provisions of this By-law applicable to each individual remaining building,
structure, accessory structure or lot.
ii)
Notwithstanding the provisions of clause (i) of this Subsection, no person shall be deemed to have
contravened any provisions of this By-law if only a part or parts of any lot or parcel has or have been
conveyed to or acquired by the Township, Her Majesty in the Right of Ontario or Canada.
e) Movement of Buildings
No building shall be moved without a permit from the Chief Building Official and approval of the road authority
having jurisdiction, if required.
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5.18
Marine Storage Facility
One Marine Storage Facility is permitted on any lot zoned Residential with a maximum Total Floor Area of 9 sq. m. and
a maximum height of 3 m.
5.19
Measurement of Lot or Island Area
For the purpose of calculating the lot area of any island or lot fronting on a navigable waterway, the water level delineating
the front lot line shall be the high water mark.
5.20
Mining Prohibited
No person shall use any land, or erect, alter or use any building or structure for the purpose of extracting any minerals
unless a permit has been issued under the Mining Act.
5.21
Multi-Storey Dwellings
No residential dwelling unit may exceed two storeys in height.
5.22
Non-Complying Lots, Buildings & Structures
a) Non-Complying Lots - Residential
Notwithstanding anything contained in this By-law, a Residentially zoned lot in existence prior to the passage of this
By-law, which is vacant or lacks development, may be used and buildings thereon may be erected provided that:
i)
the lot is held under a distinct and separate ownership from abutting lots on or before the date of passing of this
By-law;
ii)
relevant provisions of the Planning Act, R.S.O. 1990, c.P. 13, have been complied with;
iii) the lot has a minimum lot area and lot frontage of 1,800 m² and 30 metres, respectively;
iv) the lot is adequately sized to accommodate a means of water supply and sanitary waste disposal. The
determination of adequacy of a lot for development may require an on-site servicing report prepared by a
qualified professional; and
v) the use conforms to the By-law and any erection, enlargement, repair or renovation complies with all other
provisions of this By-law.
Notwithstanding Section 5.22 a) above of this By-law, where a consent to land severance was granted prior to the
passage of this By-law, but the severed and retained parcels are not created until after the passage of this By-law,
and the resultant parcel(s) lack the required lot area or lot frontage of the applicable zone, then the deficient parcels
may be used and buildings thereupon erected, enlarged, repaired or renovated provided that clauses 5.22 a) ii)
through v) inclusive are complied with.
b) Non-Complying Lots - Private Club and Commercial
Notwithstanding anything contained in this By-law, a lot in existence prior to the passage of this By-law, which lot
lacks either the required frontage and/or area, for a lot in the respective zone, may be used and buildings thereon
may be erected, enlarged, repaired or renovated provided that:
i)
the lot is held under a distinct and separate ownership from abutting lots on or before the date of passing of
this By-law;
ii)
all relevant provisions of the Planning Act, R.S.O. 1990, c.P. 13, have been complied with;
iii)
the lot is in a Private Club or Commercial Zone and has a minimum lot area and lot frontage of 1,800 m² and
30 metres, respectively;
iv)
the lot is adequately sized to accommodate a means of water supply and sanitary waste disposal. The
determination of adequacy of a lot for development may require an on-site servicing report prepared by a
qualified professional; and
v)
the use conforms to the By-law and any erection, enlargement, repair or renovation complies with all other
provisions of this By-law.
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Notwithstanding Section 5.22 b) above of this By-law, where a consent to land severance was granted prior to the
passage of this By-law, but the severed and retained parcels are not created until after the passage of this By-law,
and the resultant parcel(s) lack the required lot area or lot frontage of the applicable zone, then the deficient parcels
may be used and buildings thereupon erected, enlarged, repaired or renovated provided that clauses 5.22 b) ii)
through v) inclusive are complied with.
c) Non-Complying Buildings and Structures
i)
Horizontal Extension Permitted - Front and Side Yards
Any new buildings or structures must meet the minimum yard setback specified elsewhere in this By-law and
must comply with the setback requirements of the zone categories with the exception of the following:
The enlargement or extension of a legal non-complying main dwelling that does not comply with the front yard
or side yard requirements may be permitted after the passing of this By-law, provided the expansion or
extension:
i.
does not exceed 50% of the total ground floor area of the main dwelling;
ii.
if the addition is proposed in the front or side yard, the addition can be up to a maximum 50% of the length
of the front or side wall, depending on the yard of encroachment;
iii. when two or more walls are not in compliance, the longest wall will be used for calculating 50%;
iv. the encroachment within the front yard and/or side yard is not closer than the front yard and/or side yard
setback of the existing main dwelling;
v.
the property is zoned for residential use;
vi. does not further contravene any other provision of this By-law; and
vii. the maximum enlargement or extension to the main dwelling of 50% applies regardless of whether the
enlargement or extension is located in a front or side yard.
ii) Vertical Extension Permitted for Dwellings
Notwithstanding the maximum building height provisions of this By-law, the extension of any legal non-complying
dwelling located on a lot zoned for residential use which exceeds the maximum building height is permitted,
provided that such extension does not exceed the height of the existing dwelling or 9 metres, whichever is the
lesser, and further provided that the total floor area of such extension does not exceed the ground floor area of the
existing dwelling.
iii) Reconstruction of Buildings or Structures
Nothing in this By-law shall prevent the reconstruction of any non-complying building or structure that existed
prior to the date of the passing of this Bylaw provided:
i.
the reconstruction of such building or structure does not increase the total floor area of the lawfully used
building or structure;
ii.
the reconstruction of such building or structure occurs on the same footprint as the existing structure;
iii. and the reconstruction of such building or structure does not further contravene the by-law regulations.
iv) Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any non-complying
building or structure or part thereof that existed prior to the date of passing of this By-law, provided that the
strengthening or restoration does not increase the building height, size, or volume, except where an increase in
height, size, or volume would comply with the provisions of the Zone in which the building or structure is
located.
v) Interior Alteration, Permitted
Nothing in this By-law shall prevent the interior alteration of a non-complying building or structure.
vi) Accessory Buildings or Structures
Legal non-complying accessory buildings or structures may not be enlarged or extended.
- 32 -
vii)
Replacement Structure
An existing legal non-complying building or structure to be demolished may be replaced at the existing
setback of the legal non-complying building or structure to be removed as long as the replacement structure
is constructed on the same footprint as the existing structure and the replacement restructure does not further
contravene By-law regulations.
viii)
Legal non-complying attached decks
Legal non-complying attached decks to the main structure may be expanded by up to a maximum 50% of the
existing deck calculated on the linear frontage of the existing structure and provided the deck does not
exceed 2 m above final grade.
5.23
Non-Conforming Uses, Buildings and Structures
The provisions of this By-law shall not apply to prevent the use of any lot, building, or structure for any purpose
prohibited by the By-law if such lot, building, or structure was lawfully used and legally established for such purposes on
the date of the passing of this By-law so long as it continues to be used for that purpose and the use has not been
discontinued;
a)
Building Permit Issued
Nothing in this By-law shall apply to prevent the erection or use, for a purpose prohibited by this By-law of any
building or structure, the plans for which have, prior to the date of passing of this By-law, been approved by the
Chief Building Official, so long as the building or structure when erected is used and continues to be used for the
purpose for which it was approved.
b) Change in Use
No change in the use of any land, building or structure shall be permitted, unless such change in use complies with
the permitted uses within the zone in which such land, building, or structure is located or unless such change has
been approved through an amendment to this By-law.
c) Exterior Extension, Not Permitted
No building or structure, which at the date of passing of this By-law was used for a purpose not permitted within the
zone in which it is located, shall be enlarged or extended unless such building is thereafter to be used for a purpose
permitted within such Zone and complies with all requirements of this By-law or the granting of a minor variance.
d) Interior Alterations, Permitted
Nothing in this By-law shall prevent the reconstruction or alteration of the interior of any building or structure which,
at the date of passing of this By-law was used for a purpose not permitted in the Zone in which it is located, in order
to render such interior more convenient or commodious for the same purpose for which, at the passing of this By-
law, such building or structure was used.
e) Reconstruction of Damaged Buildings or Structures
Nothing in this By-law shall prevent the reconstruction of any building or structure that is damaged by causes
beyond the control of the owner, subsequent to the date of the passing of this By-law, provided the reconstruction
of such building or structure does not increase the height, size, or volume of the building or structure, change the
use of the building or structure, or reduce or eliminate any parking spaces, or loading spaces, which existed prior to
said damage.
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f)
Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure
or part thereof lawfully used at the date of passing of this By-law, whether or not the use of such building or
structure at the date of passing of this By-law is permitted within the Zone in which such building or structure is
located, provided that the strengthening or restoration does not increase the building height, size, or volume, or
change the use of such building or structure or part thereof.
g) Multiple Use Structure
When a property contains an accessory structure with a residential sleeping cabin located within the accessory
structure and if the structure existed prior to the passing of the by-law, the structure is considered legal non-
conforming. The legal non-conforming structure may continue however the sleeping cabin unit within the accessory
structure will reduce the number of permitted sleeping cabins for the property.
5.24
Number of Dwelling Units on One Lot
a) Only one main dwelling shall be permitted on any residential lot, with the exception that a second main dwelling may
be permitted provided that:
i)
the subject lot or island has a minimum lot area of 2 hectares;
ii)
the lot is eligible for consent to sever;
iii) each main dwelling has its own separate water supply and sewage system approved by the appropriate authority;
and
iv) the second main dwelling unit has a minimum 50 m. separation distance from the main dwelling unit (to
accommodate future division of the lots).
b) Where a lot contains two legally existing main dwellings, each dwelling which exceeds a Total Floor Area of 40 sq.
m. in Wards 5 and 6 or 50 sq. m. in Wards 1,2,3 and 4 and the main dwellings and the subject property comply with
Subsection 5.24 a) above, then one or both of the main dwellings may be enlarged provided compliance is
maintained with all other applicable provisions of this By-law.
c)
Where a lot contains two legally existing main dwellings, each dwelling which exceeds a Total Floor Area of 40 sq.
m. in Wards 5 and 6 or exceeds a Total Floor Area of 50 sq. m. in Wards 1, 2, 3 and 4 but does not comply with
Subsection 5.24 a) above, the one main dwelling with the larger Total Floor Area may be enlarged up to a
maximum of the total permitted for the property or 300 m² Total Floor Area, whichever is the lesser.
5.25
Parking and Loading Space Standards for Road Accessed Lands
a) Parking Space Requirements:
The owner of every building or structure erected or used for any of the purposes hereinafter set forth shall provide
and maintain for the sole use of the owner, occupant or other person entering upon or making use of the said
premises from time to time, parking spaces and areas as set out in Table 1.
The parking requirements under this By-law shall only apply to buildings or structures located on lots where direct
access to the lot is available from a public or private road.
- 34 -
Table 1: Parking Space Requirements
A. Residential
Single, detached dwelling
1 parking space
Bed and Breakfast
2 per dwelling unit plus 1 for each guest room
Dwelling other than those listed
herein
2 per dwelling unit
Home occupation or Home
Industry
2 per dwelling unit plus 1 for each 24 m² of floor space occupied
by the home occupation or home industry
B. Institutional
Auditoriums, Theatres, Arenas,
Hall, or other Places of
Assembly
1 per 5 seats, or 1 per 4 m² of total floor area, whichever is the
greater of the two
Hospitals or Sanitarium
1 per 2 beds, or 40 m² of total floor area, whichever is greater of
the two
Medical, dental, or drugless
practitioners office or clinic
1 per 18.5 m²
Place of worship
1 per each 5 persons of maximum design capacity
C. Commercial & Industrial
Hotels and Motels
1 per guest room or suite
Light Industrial
1 per each 40 m² of total floor area up to 3,000 m² and 1 space
per each 200 m² of total floor area above 3,000 m².
Marina
1.5 spaces for every boat slip, 0.25 spaces for each boat that may
be placed in a boat storage building (dry docking slip) and 1 space
for each 20 sq. m of total floor area that is devoted to commercial
use, but exclusive of any storage space.
Motor Vehicle Service Station
3 per repair bay
Motor Vehicle Sales & Service
Establishment
1 per 10 m² of total floor area and 3 per repair bay
Office, including government
buildings
1 per 30 m² of total floor area
Restaurant
1 per each 4 persons of maximum design capacity or 1 per 20 m²
of total floor area, whichever is the greater
Retail Store, Service Shops
1 per 20 m² of total floor area
Social or Service Club
1 per 10 m² of total floor area of all habitable club buildings plus:
4 per lawn bowling green; 4 per tennis or racquet ball court.
Sports Field
1 per 5 seats or 3 metres of bench space of maximum seating
capacity, or 1 per 800 m² of total field/floor area, whichever is the
greater of the two
Tavern, Pub, Bar, Drinking
Establishment
1 per 4 seats of a maximum seating capacity
Wholesale, warehousing, and
storage
1 per each 100 m² of total floor area up to 3,000 m² and 1 space
per each 200 m² of total floor area above 3,000 m².
D. Other Uses
Uses permitted by this By-law
other than those listed herein
1 per 40 m² of total floor area
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b) Loading Space Requirements
The owner or occupant of any lot, building or structure erected or used for any purpose, involving the receiving,
shipping, loading or unloading of persons, animals, good, wares, merchandise or raw materials, shall provide and
maintain at the premises, facilities comprising one or more loading spaces, in accordance with the following: The
loading requirements only apply to buildings and structures erected on lots accessed by public road.
Table 2: Loading Space Requirements
Total Floor Area of Building
Minimum Loading Facilities Required
A. Commercial Uses
175 m² or less
None
176 m² to 1,000 m²
1 loading space
over 1,000 m²
2 loading spaces plus a minimum of 1 additional loading space for
each 500 m² or fraction thereof in excess of 1,000 m²
B. Industrial Uses
500 m² or less
1 loading space
501 m² to 2,000 m²
2 loading spaces
2,001 m² to 7,500 m²
3 loading spaces
over 7,500 m²
3 loading spaces, plus 1 additional loading space for each
additional 1,000 m² of total floor area or fractional part thereof
c) Uses Not Specified
In the case of a use not specifically mentioned in Clause a) of this Subsection, the requirements for off-street
parking shall be based on the requirement for the most comparable use specified therein.
d) Access to Parking and Loading Spaces
i)
Access to the required parking spaces and parking areas shall be provided by means of unobstructed
driveways or passageways at least 3 metres but not more than 9 metres in width for lots in a residential zone
and 12 metres in width for lots in all other zones. Access to the required loading spaces shall be provided by
means of a driveway at least 6 metres wide contained within the lot on which the spaces are located and
leading to a public road or land located within or adjoining the zone in which the use is located.
ii)
The aisles between parking spaces within a parking area shall have a minimum width of 6 metres.
iii) The maximum width of any combined residential ingress and egress driveway, measured along the public road
line shall be 9 metres for lots in a residential zone and 12 metres for lots in all other zones.
iv) No driveway shall be established closer than 1 metre to a side lot line, provided this shall not apply to prevent
the establishment of abutting driveways along a common lot line if their combined width does not exceed 9
metres.
e) Changes in Use / Additions to Existing Use
i)
Whenever a use is changed as would require an additional number of parking spaces or loading spaces, then
such additional parking and loading spaces shall be provided on the same basis as Subsection 5.25 a) and b).
ii)
When a building or structure has insufficient loading spaces on the date of passing of this By-law to comply with
the requirements herein, this By-law shall not be interpreted to require that the deficiency be made up prior to
the construction of any additions to the building or structure. No addition may be built nor change of use may
occur to the structure if the effect would be to increase the loading space deficiency.
- 36 -
f)
Illumination of Parking and Loading Areas and Driveways
When parking and loading areas and/or driveways are illuminated, lighting fixtures shall be so arranged to divert the
light downward and away from adjacent lots and/or roads. Subsection 5.6 Dark Sky Provisions will apply to Site
Plan approval.
g) Location on Other Lots
Residential, public or private road access, lots shall have parking provided on the lot occupied by the building,
structure, or use, for which the said parking area is required and the required parking and loading areas shall not be
located on any part of a public road, private road or lane. Unless otherwise provided for herein, parking spaces
may be located in any yard but not closer than 1.5 metres to any lot line. Parking may not be located any closer
than 3 metres from a public road.
h) Parking and Loading Space Dimensions
i)
A parking space shall have a minimum length of 5.5 metres and a minimum width of 2.7 metres measured at
right angles to the length.
ii)
A loading space shall have a minimum length of 9 metres, a minimum width of 3.7 metres measured at right
angles to the length, and a minimum vertical clearance of at least 4 metres.
i)
Use of Parking Areas
Where a parking area or parking space is required by the By-law in any Zone, no person shall use such parking
area or parking space for parking any motor vehicle unless such motor vehicle bears a motor vehicle license plate
or sticker which is currently valid.
j)
Parking and Storage of Commercial Vehicles in Residential Zones
No person shall, in any Residential Zone, use any land for the parking or storage of any truck, trailer, camper, barge
or vehicle for commercial purposes, unless it is temporarily parked for the purpose of delivery to or serving the
premises, or unless it is a pickup or panel truck not exceeding two tonnes, in which case those vehicles that do not
exceed two tonnes may be parked overnight.
5.26
Permitted Uses in All Zones
Nothing in this By-law shall prevent the following:
a) The use of any land as a public road or public park;
b) The use of any land or lakebed as a public water access under the ownership of the Corporation of the Township of
The Archipelago or Provincial or Federal Government;
c) The use of any land or the erection of buildings or structures, or the installation of other facilities essential to the
operation of the Corporation of the Township of The Archipelago, the Province, the Federal Government, or any
other public utility, provided that any such use, building or structure shall be in compliance with the relevant
provisions of this By-law and shall not adversely affect the character or amenity of the area in which same is located
and shall be designed and used in a manner compatible with the area in which it is located. Any above ground non-
recreational public use, which is located in a Residential Zone, shall be enclosed in a building designed located and
maintained in general harmony with the permitted Residential buildings in such zone.
d) The use of any land, or the erection or use of any building or structure for a temporary construction camp, work
camp, tool shed, scaffold, or other building or structure incidental to and necessary for the construction work on the
premises, but only for as long as such use, building or structure is necessary for such construction work which has
not been finished or abandoned and the subject property is zoned for 'Residential' purposes.
5.27
Pits and Quarries
Except for wayside pits, the making or establishment of pits and quarries is prohibited in any zone other than a Pit and
Quarry (PQ) Zone. Temporary wayside pits or quarries and portable concrete and asphalt plants may be permitted in
any Zone other than an Environmental Sensitive Area Zone, subject to the provisions of the relevant Zone.
- 37 -
5.28
Prohibited Uses in all Zones
a) Uses not Permitted In Zones
All uses of land and the erection or use of any building or structure for a purpose not permitted under the "Permitted
Use' Subsection of one or more Zones established by this By-law are and shall be deemed to be prohibited in each
Zone, except for those uses of land and the erection or use of any building or structure for a purpose expressly
permitted under the applicable provision of Section 5 hereof.
b) Noxious Trade, Business or Manufacture Prohibited
Any use declared under the Public Health Act, or any regulations adopted there under to be a noxious trade,
business or manufacture by reason of its nature or the materials used therein is prohibited. In addition, no land,
building or structure shall be used for any purpose, which is obnoxious, which creates or is likely to become a
nuisance or offensive or both:
i)
By the creation of noise or vibration;
ii)
By reason of the emission of gas, fumes, smoke, dust, or objectionable odour;
iii) By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, motor vehicles,
trailers, or parts of vehicles or trailers, machinery, dilapidated or discarded boats or other watercraft or other
such material; or
iv) By any combination of these things described in clauses (i), (ii), and (iii) of this Subsection.
c)
Dangerous Uses Prohibited
No land, building or structure, except motor vehicle service stations and duly licensed installations for the bulk
storage of gasoline, lubricating and fuel oil, is permitted for commercial or industrial purposes which are likely to
create danger to health, or danger from fire or explosion which without limiting the generality of the foregoing shall
include storage or manufacture of coal oil, water oil, rock oil, fuel oil, burning fluid, gas, naphtha, benzene, gasoline,
dynamite, dualine, nitro-glycerin, gunpowder, petroleum and petroleum products, unless protected by adequate fire
fighting and fire prevention equipment and by such safety devises as required for the safe handling of such
material.
d) Truck, Bus and Trailer Occupation
No person shall, in any Zone, use any travel trailer, tent, motor home, mobile home, park model trailer, truck
camper, truck, bus, coach, streetcar body, railway car body, railway shipping container, or similar structure of any
kind, for the purpose of a residence. No such structure shall be considered a dwelling unit, or be used for human
habitation, whether or not the same is mounted on wheels or other form of mounting or foundation.
5.29
Pump House
One Pump House with a maximum Total Floor Area of 3 m2 and the maximum height of 3 m is permitted on any lot
zoned Residential.
5.30
Residential Use Restrictions
a) No person shall erect or use any building as a dwelling upon any lot whereon there then exists, or is in the course of
construction, or for which a building permit has been issued for another residential dwelling, except where provided
for elsewhere in the By-law.
b) Notwithstanding anything contained in this By-law, no person shall use or occupy any building for residential
purposes unless such building is serviced with private water supply and sewage systems to the satisfaction of the
Township.
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5.31
Saunas
A sauna is a permitted accessory building on a lot zoned for residential use and may be located in any front yard, side yard
or rear yard provided that:
a) The maximum height of the sauna does not exceed 4 metres;
b)
If the maximum floor area of a sauna, including attached covered porches and decks, is 10 m2 or less, the sauna may
be permitted a 0 m front yard setback. Where a sauna exceeds 10 m2, including any attached covered porches and
decks, the minimum front yard setback shall be 7.5 metres.
5.32
Setback Requirements
i)
Front Yard - Single Ownership Islands
The entire shoreline of the single ownership island at the highwater mark is the front lot line. All yards on a single
ownership island shall be front yards.
ii) Setbacks and Side Yard Setbacks on Major Roads
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.
iii) Setbacks from Provincially Significant Wetlands
Removal of a 'Holding (H)' provision on lands adjacent to Provincially Significant Wetlands (ES2) shall require the
preparation of an Environmental Impact Study (EIS) to the satisfaction of the appropriate approval authority as
determined by the Township. The EIS must demonstrate that there will be no negative impacts on the natural
features or the ecological functions for which the area is defined in order for the holding provision to be removed.
iv) Setbacks for Pit and Quarry Uses
Any permitted buildings or structures accessory to a pit or quarry use must be set back a minimum of 120 metres from
the high water mark of any navigable waterway and 30 metres from any public road or side lot line. Upon expiration of
any licence or lease of land for pit or quarry uses, all buildings and structures used in connection with this use shall be
removed.
v) Setbacks for Through Lots
Where a lot which is not a corner lot has frontage on more than one road or two shorelines, the setback and front
yard requirements contained herein shall apply on each road or shoreline in accordance with the provisions of the
Zone or Zones in which such lot is located.
vi) Setbacks from Sensitive Coldwater Lake Trout Lakes
On lands adjoining a waterbody identified as a "sensitive" cold water lake on Schedules to this By-law (Blackstone
and Crane Lakes), all septic tile fields and grey water pits shall be setback a minimum of 30 metres from the high
water mark. A reduction in this setback to the clearance distances provided by the Ontario Building Code may be
permitted if a tertiary class 4 septic system is installed.
vii) Setbacks from "At-Capacity" Coldwater Lake Trout Lakes
On lands adjoining a waterbody identified as an "at capacity" coldwater lake trout lake on Schedules to this By-law
(Forget Lake, Three Legged Lake and southern portions of Spider Lake outside of Massassauga Provincial Park),
all septic tile fields and grey water pits shall be setback a minimum of 30 metres from the high water mark.
viii) Setbacks from Sturgeon Bay
On lands adjoining portions of Sturgeon Bay, as identified on Schedule C to this By-law, all septic tile fields and grey
water pits shall be setback a minimum of 30 metres from the high water mark. A reduction in this setback to the
clearance distances provided by the Ontario Building Code may be permitted if a tertiary class 4 septic system is
installed.
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ix) Setback from Environmentally Sensitive (ES, ES1 and ES2) Zones
All buildings, structures and septic systems shall be setback a minimum of 3 metres from any lands or areas zoned
'Environmentally Sensitive (ES)', 'Environmentally Sensitive One (ES1)' and 'Environmentally Sensitive Two (ES2)'.
5.33
Shore Road Allowance
Where a shore road allowance or Crown Reserve exists in front of any lot which has not been stopped up and acquired by
the abutting land owner in whole or in part, the area of the shore road allowance or Crown Reserve above the high water
mark between the extension of the side lot lines may be considered part of the lot area or lot depth required by this By-law
for the said lot.
5.34
Shore Road Allowance as Yard
Notwithstanding the provisions of this By-law, where a shore road allowance or Crown Reserve exists in front of any lot,
which has not been stopped up and acquired by the abutting land owner in whole or in part, permitted buildings or
structures may be erected without a front yard setback provided the buildings or structures or any part thereof does not
encroach upon the shore road allowance or Crown Reserve.
5.35
Signs
Nothing in this By-law shall apply to prevent the erection, alteration or use of any sign, provided such sign complies with
the By-laws and requirements of the Township of The Archipelago and Ministry of Transportation for regulating signs
and provided such sign complies with the provisions of this By-law regarding sight triangles.
5.36
Sleeping Cabins
Subject to the provisions of Section 5.1, Accessory Uses, sleeping cabins are a permitted accessory use on any lot zoned
for residential use, provided that:
a) Wards I, 2, 3 and 4:
i)
The maximum Total Floor Area of each sleeping cabin, including the floor area of any basement, does not exceed
50.16 m2 or the ground floor area of the main dwelling on the lot, whichever is the lesser;
ii)
The maximum number of sleeping cabins permitted on one lot is three cabins; and
iii) The maximum Total Floor Area of all sleeping cabins on a lot, including the floor area of any basement, shall
not collectively exceed 150.48 m².
b) Wards 5 and 6:
i)
The maximum Total Floor Area of each sleeping cabin, including the floor area of any basement, does not exceed
40 m2 or the ground floor area of the main dwelling on the lot, whichever is the lesser;
ii)
The maximum number of sleeping cabins permitted on one lot is two cabins; and
iii) The maximum Total Floor Area of all sleeping cabins on a lot, including the floor area of any basement, shall
not collectively exceed 80 m².
c)
Such sleeping cabins do not contain any cooking facilities;
d)
Sleeping cabins shall have a floor area greater than 10 m²;
e)
The maximum height of the sleeping cabin shall be 5 metres;
f)
Such sleeping cabins are clearly subordinate and incidental to the main residential use on the lot;
g)
No deck attached to a sleeping cabin, excluding any accessory ramps, stairs, walkways or landings, shall exceed the
ground floor area of the sleeping cabin;
h) No sleeping cabin or deck attached to a sleeping cabin on a lot zoned for residential use shall be erected within 7.5m
of a front lot line and within 6 metres of a side or rear lot line. An attached deck to a sleeping cabin, if 1.2 metre or less
from grade, may encroach a maximum of 1.5 metres into a side or rear yard;
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i)
If an existing sleeping cabin contains a legal non-conforming kitchen or cooking facilities, then such sleeping cabin
may be expanded to the maximum allowable Total Floor Area stated in Subsection 5.36 a) or b) above. If the
existing sleeping cabin ceases to be used as a sleeping cabin, the re-constructed sleeping cabin shall not contain
cooking facilities and shall comply with all applicable regulations of the By-law.
5.37
Storage of Unlicensed Vehicles, Trailers and Commercial Vehicles
a) The parking or storage of an unlicensed motor vehicle or an unlicensed tractor trailer shall be prohibited unless it is
stored in an enclosed garage or other accessory building.
b) No lot, building or structure in any Residential Zone shall be used for the parking or storage of any commercial
vehicle (licensed or unlicensed), unless:
i)
The vehicle is owned or used by the owner or occupant of such lot, building or structure;
ii)
The commercial vehicle has a maximum carrying capacity of 2000 kilograms; and
iii) Provided that not more than one commercial vehicle is stored in accordance with this Section.
5.38
Swimming Pools
The following provisions apply to outdoor swimming pools:
a) When a lot fronts on a navigable waterway, swimming pools on lots zoned for residential use shall not be constructed
within 30 metres from the front lot line and will not be constructed closer than 6 metres from a side or rear lot line. In a
case where a lot fronts on a road, but not a navigable waterway, then a swimming pool shall only be permitted in a side
or rear yard; and
b) For any Zone other than a Residential Zone, swimming pools may not be constructed closer than 15 metres to any lot
line.
c)
Every swimming pool shall be enclosed by a fence at least 1.5 metres high, located not less than 1 metre and not more
than 7.5 metres from the inside edge of the pool.
5.39
Tennis Courts
A single tennis court is a permitted accessory use to a lot zoned for residential use, subject to a minimum front yard
setback of 30 metres along a navigable waterway and side and rear yard setback of 30 metres. In a case where a lot
zoned for a residential use fronts on a road, but not a navigable waterway, then a tennis court shall only be permitted in a
side or rear yard and shall maintain a minimum side and rear yard setback of 15 metres.
The greater of two tennis courts or the existing number of tennis courts are permitted on a lot in the Commercial or Private
Club Zones. Tennis courts are permitted provided the minimum front, side and rear yard requirements for the main use
permitted on the lot are complied with.
5.40
Tents and Trailer Sites
No new commercial tent or trailer sites will be permitted in the Township, nor will the expansion of any campground or
trailer park operation be permitted. No additions to existing lawful trailers are permitted, except for open decks or patios
that do not exceed the floor area of the trailer.
5.41
Timbering
No person shall use any land, or erect, alter or use any building or structure for commercial timbering within 30 metres of a
public road or within 120 metres of any navigable waterway. Any commercial timbering must be in accordance with the
Ministry of Natural Resources' Timber Management Plan.
5.42
Walkway
No person shall construct a walkway which exceeds 2 metres in width;
5.43
Ward Survey Descriptions and Pointe au Baril Station Neighbourhood
As identified on Schedule D to this By-law.
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5.44
Wind Power Generation
i)
One wind turbine, including supporting tower base and foundation is permitted on a lot within a residential or
commercial zone. A wind turbine is an accessory use and may only be established on a lot where the main use of
the lot is established.
ii)
The minimum lot area for one wind turbine installation is 2 hectares, except in the case of single ownership island in
which case the minimum lot area shall be 0.8 hectares.
iii) The minimum distance of a wind turbine to any lot line, other than a public or private road and a shoreline, is 5
times the diameter of the wind turbine rotor. The required distance shall be measured from the outer edge of the
blade swept area.
iv) The minimum distance of a wind turbine to any dwelling unit, located on any lot other than the lot where the wind
turbine, is located is 200 metres.
v)
The minimum distance of a wind turbine to a public or private road is equal to the height of the wind turbine tower
measured from the ground elevation at the base of the tower to the centre of the rotor (hub).
vi) The minimum distance of a wind turbine from the highwater mark of a navigable waterway is 30 metres.
vii) The maximum height of a wind turbine tower is 17 metres. Height is measured from the ground elevation at the
base of the tower to the tip of the rotor at its highest position.
viii) The maximum rated electrical power of one wind turbine is 10KW.
5.45
Yard Encroachments Permitted
Every part of any yard required to be provided in any Zone shall be open and unobstructed by any structure from the
ground to the sky, except that:
a) Ornamental Structures such as; sills, chimneys, cornices, eaves, gutters, parapets, pilasters, overhangs, or gutters
may project into any required yard or setback a maximum of 0.5 metres.
b) Unenclosed and uncovered decks, balconies, steps, and patios, may project into any required side or rear yard
setback a maximum of 1.5 metre provided that, in the case of unenclosed and uncovered decks and patios, such
uses are not more than 1.2 metres above final grade.
c) Fences, freestanding walls, flagpoles, antennae, light standards and similar structures and appurtenances, and
hedges, trees and shrubs are permitted in any yard provided that no structure, hedge or other obstruction is
permitted in a sight triangle.
d) Septic systems are considered a structure. Septic systems are allowed to encroach up to 3 m of the side and/or
rear lot lines with a 3 m side and/or rear yard setback from the lot line.
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Section 6 - Coastal/Island Residential (CR) Zone
Within a Coastal/Island Residential (CR) Zone, no person shall use any land, or erect, alter or use any building or structure for or
except such purposes and according to such provisions as set out in the following sub-sections.
6.1 General Use Provisions:
6.1.1
Permitted Uses
Main Use:
Residential use.
Accessory Uses:
Accessory uses.
Bed and Breakfast;
Home occupation
6.1.2
Permitted Buildings and Structures
A single, detached dwelling
Accessory Residential structures and buildings
6.1.3
Zone Standards:
Any building or structure permitted under Section 6.1.2 shall comply with the following provisions except as otherwise
provided for in Section 5, General Provisions:
a)
Minimum Lot Frontage
As existing at the date of passing of this By-law or adjusted
through a lot line adjustment as approved through the
Planning Act
b)
Minimum Lot Area
As existing at the date of passing of this By-law or adjusted
through a lot line adjustment as approved through the
Planning Act
c)
Maximum Lot Coverage
i) Lots with an area of 1,800 m² or less:
- maximum total floor area is 7.5% of lot area;
ii)
Lots with an area greater than 1,801 m² up to 16,187 m²:
- 140 m² + 3% of lot area;
iii) Lots with an area greater than 16,188 m² up to 32,374 m²:
- 625 m² + 1% of lot area that is over 16,187 m²;
iv) Lots with an area of greater than 32,375 m² up to 34,400:
- 787 m² + ½% of the lot area over 32,374 m²
v)
Lots with an area greater than 34,401 m²
- 800 m².
d)
Main dwelling
i) maximum ground floor area - 80% of the total lot
coverage (for properties greater than 1800 m²);
ii) maximum total floor area - 300 m²;
iii) minimum ground floor area - Wards 5 and 6: 40 m²
Wards 1,2,3 and 4: 50 m²
e)
Minimum Front Yard Setback
7.5 m
f)
Minimum Side Yard Setback
6 m
g)
Minimum Rear Yard Setback
6 m
h)
Maximum Height
Wards 1 (excluding those lands fronting Sturgeon Bay that
are outside of Pointe au Baril Station), 5 and 6: 9 m
Wards 2, 3, 4 and including those lands fronting Sturgeon
Bay that are outside of Pointe au Baril Station: 6 m
6.1.4
Provisions for Accessory Uses
The provisions of Section 6.1.shall apply to accessory buildings, structures and uses, except as otherwise provided for
in Section 5, General Provisions.
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6.2
SPECIAL EXCEPTION REGULATIONS - COASTAL/ISLAND RESIDENTIAL (CR)
The regulations contained in Section 6.1, General Use Provisions, shall apply to the Special Provision Use area or
areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 6.2.
6.2.1
Coastal/Island Residential Exception 1 (CR-1)
CR-1
Part of Island B912, being the remainder of Parcel 2284 P.S.S.S., in front of the geographic Township of
Shawanaga, as shown on Schedule 'A' to this By-law.
6.2.1.1
Permitted Uses, Buildings and Structures:
Buildings and structures permitted for lands zoned CR-1 are limited to the following:
i)
six single detached dwellings; and,
ii)
three accessory buildings and three sleeping cabins associated with each of the dwelling units.
6.2.1.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-1 with the
exception of the following regulations:
i)
any relocated dwelling unit in the CR-1 Zone shall be a minimum distance of 50 metres from any other dwelling
unit;
ii)
the maximum lot coverage shall not exceed 1000 m²;
iii)
the maximum ground floor area of a single-detached dwelling unit shall not exceed 185 square metres.
6.2.2
Coastal/Island Residential Exception 2 (CR-2)
CR-2
Part of Island B937, being Parts 1 and 2 of Plan 42R-8427, Parcel 21949 P.S.S.S., in front of the geographic
Township of Shawanaga;
Part of Island B937, being Parts 3 and 4 of Plan 42R-8427, Parcel 21948 P.S.S.S., in front of the geographic
Township of Shawanaga as shown on Schedule 'A' to this By-law.
6.2.2.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for each of two lots in the CR-2 Zone are limited to the following:
i)
two single detached dwellings;
ii)
two accessory sleeping cabins;
iii)
three non-habitable accessory structures.
6.2.2.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-2 Zone with the
exception of the following regulations:
i)
the minimum lot area shall be 2 hectares.
6.2.3
Coastal/Island Residential Exception 3 (CR-3)
CR-3
- Island 1126A, designated as Parcel 17497 P.S.N.S., in front of the geographic Township of Harrison, as shown on
Schedule 'A' to this By-law.
- Island 355A, designated as Parcel 2856 P.S.N.S., in front of the geographic Township of Harrison, as shown on
Schedule 'A' to this By-law.
6.2.3.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.3.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-3 Zone with the
exception of the following regulations:
i)
all habitable buildings shall be located above 177.4 metres G.S.C. and all openings of any habitable buildings
shall be located above 178.3 metres G.S.C.
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6.2.4
Coastal/Island Residential Exception 4 (CR-4)
CR-4
Part of Island 25A, Lot 1 and Block A of Plan 251, Part 1 of RP 42R-12551, Parts 1 & 2 of RP 42R-13582, being
Parcels 9524, 17255, and 18375, as shown on Schedule 'A' of this By-law and more particularly on Schedules 'B-1'
and 'B-2' to this By-law.
6.2.4.1
Permitted Uses, Buildings and Structures
The uses, buildings and structures permitted in the CR-4 Zone are limited to the following:
i)
one single detached dwelling;
ii)
the existing accessory garage for personal vehicle parking;
iii) existing satellite dish
iv) the following marina commercial uses:
v)
34 boat docking slips;
vi) the existing boat storage building having dimensions 15.24 m wide by 6.1 m deep by 7.62 m in height;
vi) the existing parking area;
viii) the existing boat ramp;
ix) the existing public washrooms;
x)
the existing fencing and shorewalling.
6.2.4.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, apply to the uses permitted in the CR-4 Zone with the
exception of the following:
i)
no additional uses, buildings, facilities or structures or expansions to the existing marina commercial buildings,
structures and facilities are permitted;
ii)
the total lot coverage of the single detached dwelling and accessory garage shall not exceed 5%.
6.2.5
Coastal/Island Residential Exception 5 (CR-5)
CR-5
Island 47A (Hearts Content), Parcel 17229 P.S.N.S., in front of the geographic Township of Harrison, as shown on
Schedule 'A' to this By-law.
6.2.5.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-5 are limited to the following:
i)
three single-detached dwellings;
ii)
five sleeping cabins; and
iii)
six non-habitable accessory buildings and structures.
6.2.5.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-5 Zone, with the
exception of the following regulations:
i)
the maximum lot coverage shall not exceed 837 m².
6.2.6
Coastal/Island Residential Exception 6 (CR-6)
CR-6
Lot 7 of Plan M455 and Part 1 of Plan 42R-8048, being Parcel 13345 P.S.N.S., in the geographic Township of
Harrison, as shown on Schedule 'A' to this By-law.
6.2.6.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.6.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-6 Zone with the
exception of the following:
i)
an 11.9 metre by 6.1 metre dryland boat storage building is permitted in the front yard.
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6.2.7
Coastal/Island Residential Exception 7 (CR-7)
CR-7
Part of Island B187 (Braddon Island), being Parcel 6053 P.S.S.S., in the geographic Township of Conger, as shown
on Schedule 'A' to this By-law.
6.2.7.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-7 are limited to the following:
i)
one main building, containing kitchen facilities but no sleeping facilities;
ii)
four sleeping cabins;
iii)
non-habitable accessory structures.
6.2.7.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-7 Zone, with the
exception of the following regulations:
i)
the fourth sleeping cabin shall not exceed 59.4 m².
6.2.8
Coastal/Island Residential Exception 8 (CR-8)
CR-8
Island B486, being Parcel 1476 P.S.S.S., in the geographic Township of Cowper, as shown on Schedule 'A' to this
By-law.
6.2.8.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-8 are limited to the following:
i)
one single detached dwelling;
ii)
one accessory sleeping cabin;
iii)
one docking envelope;
iv)
non-habitable accessory structures.
6.2.8.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-8 Zone, with the
exception of the following regulations:
i)
a minimum front yard setback of 10 metres (33 feet) shall be required for all structures;
ii)
a maximum lot coverage of 180 m² (1938 ft2) is permitted;
iii)
a docking envelope is limited in size to a maximum dimension of 10 metres in length by 20 metres in width;
iv)
no boathouse or boatport shall be permitted on the subject lands.
6.2.9
Coastal/Island Residential Exception 9 (CR-9)
CR-9
Part of Lot 40, Concession 2, being Part 1 of Plan 42R-7851, and part of the original shore road allowance and
Crown lake bed in front thereof, in the geographic Township of Conger, as shown on Schedule 'A', and more
particularly shown on Schedules 'B-3' and 'B-4' to this By-law.
6.2.9.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the following additional
permitted use:
i)
the subject property may be used as an access facility with a parking area and dock.
6.2.9.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-9 Zone, with the
addition of the following site specific regulations:
i)
only one pile and floating dock structure will be permitted;
ii)
the pile and floating dock structure shall not exceed 63.7 metres (209 feet) in length;
iii)
the pile and floating dock structure will be located according to Schedules B-3 and B-4 such that the floating
components of the structure are configured in the shape depicted on Schedule B-3;
- 46 -
iv)
the pile and floating dock structure will be permitted to extend beyond the required 6 metre side yard setback
from the extension of the side lot lines into the water;
v)
the use of the parking area and pile and floating dock structure is to be strictly ancillary and accessory to the
main use established on up to three water access properties, each of which is zoned to permit only one single
dwelling unit thereon as the main use;
vi)
except as amended by this By-law, all other requirements of By-law A2000-07, and in particular, the
requirements relating to dock regulations, will apply to the subject property.
6.2.10
Coastal/Island Residential Exception 10 (CR-10)
CR-10
Part of Island B415, being Lot 5 of Plan M-175, Parcel 10272 P.S.S.S. and Part of Part 2 of Plan 42R-16134, Parcel
27609 P.S.S.S., in the geographic Township of Cowper, as shown on Schedule 'A' and more particularly shown on
Schedule 'B-5' to this By-law.
6.2.10.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the following additional
permitted uses:
i)
a kitchen may be contained within the accessory boathouse;
ii)
a roof structure may be constructed over the floating dock.
6.2.10.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-10 Zone.
6.2.11
Coastal/Island Residential Exception 11 (CR-11)
CR-11
Part of Lot 43, Concession 4, being Parcel 11792 P.S.N.S., in the geographic Township of Harrison, as shown on
Schedule 'A', and more particularly shown on Schedule 'B-6' to this By-law.
6.2.11.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the following additional
permitted use:
i)
a fourth sleeping cabin;
6.2.11.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-11 Zone, with the
addition of the following site specific regulations:
i)
the total floor area of the fourth sleeping cabin shall not exceed 50.16 m² (540 ft2);
ii)
recognition of the legal non-complying sleeping cabin at 67 m² (720 ft2);
iii)
recognition of the seven legal non-complying accessory structures.
6.2.12
Coastal/Island Residential Exception 12 (CR-12)
CR-12
Part of Island 20A (Skunk Island), being Part of Lot 3, being Summer Resort Location JDD-150, and Parts 1 and 2 of
Plan 42R-17132, in the geographic Township of Harrison, as shown on Schedule 'A', and more particularly Schedule
'B-7' to this By-law.
6.2.12.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-12 are limited to the following:
i)
one single-detached dwelling;
ii)
one sleeping cabin;
iii)
one gazebo;
iv)
one workshop;
v)
two dog houses and covered walks;
vi)
two accessory sheds.
- 47 -
6.2.12.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-12 Zone, with the
exception of the following site specific regulations:
i)
the minimum lot area permitted is 2.38 hectares (5.88 acres);
ii)
the maximum lot coverage permitted is 701 m² (7,545 ft2);
iii)
the sleeping cabin shall have a total floor area not exceeding 159 m² (1710 ft2);
iv)
the dock will be located within the area shown on Schedule 'B-7' and restricted to the size and extent as
delineated on Schedule 'B-7'. No further docking areas or extensions to existing docking will be permitted for
the CR-12 Zone;
v)
No consents or division of land for the purpose of creating a new residential lot shall be permitted for the
subject property;
vi)
There shall be no structures or additions to buildings on the subject lands except as permitted within this By-
law;
vii)
Except as amended by this By-law, all other requirements of By-law No. A2000-07, and in particular, the
requirements relating to the Coastal/Island Residential (CR) Zone, will apply to the subject property.
6.2.13
Coastal/Island Residential Exception 13 (CR-13)
CR-13
Part of Lot 1, Concession 9, being Part 1 of Plan 42R-13712, remaining Parcel 25729 P.S.S.S., in the
geographic Township of Cowper, as shown on Schedule 'A' to this By-law.
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-13 are limited to the following:
i)
one single detached dwelling;
ii)
all existing accessory structures;
6.2.13.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-13 Zone, with the
exception of the following site specific regulations:
i)
the minimum lot area permitted is 1.5 hectares;
ii)
the minimum lot frontage permitted is 90 metres;
iii)
no additional buildings or structures are permitted on the subject lands.
6.2.14
Coastal/Island Residential Exception 14 (CR-14)
CR-14
Part of Lot 1, Concession 9, being Parts 2 to 4 of Plan 42R-13712, in the geographic Township of Cowper, as shown
on Schedule 'A' to this By-law.
6.2.14.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-14 are limited to the following:
i)
one single detached dwelling;
ii)
one sleeping cabin;
iii)
one storage building;
iv)
one dock;
v)
one bridge.
6.2.14.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-14 Zone, with the
exception of the following site specific regulations:
i)
the minimum lot area permitted is 1.5 hectares;
ii)
the minimum lot frontage permitted is 90 metres;
iii)
the bridge shall be restricted to a single lane and is permitted a minimum front and side yard
setback of 0 metres.
- 48 -
6.2.15
Coastal/Island Residential Exception 15 (CR-15)
CR-15
Part of the Crown lake bed adjoining Island No. B229, Parcel 7249 P.S.S.S., in the geographic Township of Cowper,
as shown on Schedule 'A', and more particularly shown on Schedule 'B-8' to this By-law.
6.2.15.1
Permitted Uses
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the following additional
permitted use:
i)
a portion of the Crown lake bed adjoining Island No. B229, as shown on Schedule 'B-8' attached to this By-law,
may be used for a covered boat slip or boathouse and approach ramp, not to exceed 147 m².
6.2.15.2
Zone Standards
General provisions and zone provisions for the Coastal/Island (CR) Zone, as set out in Sections 5 and 6 of this By-
law, shall apply to the uses in the CR-15 Zone.
6.2.16
Coastal/Island Residential Exception 16 (CR-16)
CR-16
Part of the original shore road allowance and Crown lake bed in front of Part of Lot 41, Concession 3, Part 9 on Plan
PSR-79, being Parcel 12641 P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A', and more
particularly shown on Schedule 'B-9' to this By-law.
6.2.16.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the following additional
permitted use:
i)
a suspended walkway and floating dock, as approved by the Ministry of Natural Resources, are permitted on
part of the original shore road allowance and Crown lake bed fronting the subject property.
6.2.16.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-16 Zone.
6.2.17
Coastal/Island Residential Exception 17 (CR-17)
CR-17
Island B174 (Oliver Island), in front of the geographic Township of Conger, as shown on Schedule 'A' to this By-law.
6.2.17.1
Permitted Uses
Buildings and structures permitted for lands zoned CR-17 are limited to the following:
i)
two single detached dwellings;
ii)
two boathouses or boatports.
6.2.17.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-17 Zone, with the
exception of the following regulations:
i)
the second dwelling is to be located at the north end of the island;
ii)
neither single detached dwelling shall exceed a total floor area of 100 m².
6.2.18
Coastal/Island Residential Exception 18 (CR-18)
CR-18
Island B182, in the geographic Township of Conger, as shown on Schedule 'A' to this By-law.
6.2.18.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
- 49 -
6.2.18.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-18 Zone, with the
exception of the following regulations:
i)
the maximum height of the single detached dwelling shall be 5 metres;
ii)
the maximum ground floor area of the single detached dwelling shall be 100 m².
6.2.19
Coastal/Island Residential Exception 19 (CR-19)
CR-19
Island Nos. 470A and 495A, in front of the geographic Township of Harrison, as shown on Schedule 'A' to this By-law.
6.2.19.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-19 are limited to the following:
Island 470A
i)
a single-detached dwelling;
ii)
accessory structures;
iii)
a walkway or dock connecting to Island No. 495A.
Island 495A
i)
structures accessory to Island 470A;
ii)
an accessory building, that is not for human habitation, having a maximum floor area of 40 square metres;
iii)
one dock;
iv)
a walkway or dock connecting to Island No. 470A.
6.2.19.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-19 Zone.
6.2.20
Coastal/Island Residential Exception 20 (CR-20)
CR-20
Island 223A, in the geographic Township of Harrison, as shown on Schedule 'A', and more particularly on Schedule
'B-10' to this By-law.
6.2.20.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-20 are limited to the following:
i)
one single detached main dwelling;
ii)
one sleeping cabin;
iii)
one marine storage facility;
iv)
one accessory building (swim house).
6.2.20.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-20 Zone, with the
exception of the following site specific regulations:
i)
the main dwelling is permitted at 100 m² with an attached 20 m² screened in porch;
ii)
one sleeping cabin with a ground floor area of up to 50 m² is permitted to be constructed below the Georgian
Bay flood elevation of 178.3 metres, provided that the floor elevation of the first floor is at, or above, such flood
elevation;
iii)
the sleeping cabin shall not exceed 5 metres in height;
iv)
the marine storage facility shall not exceed 20 m² in floor area and 3 metres in height;
v)
the accessory building (swim house) shall not exceed 20 m² in floor area and 4 metres in height.
- 50 -
6.2.21
Coastal/Island Residential Exception 21 (CR-21)
CR-21
Part of the original shore road allowance and Crown lake bed in front of Part of Lot 41, Concession 3, Part 7 on Plan
PSR-65 and Part 1 of Plan 42R-17155, being Parcel 9337 P.S.S.S., in the geographic Township of Conger, as shown
on Schedule 'A', and more particularly shown on Schedule 'B-11' to this By-law.
6.2.21.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the following additional
permitted use:
i)
a walkway and dock are permitted on part of the original shore road allowance and Crown lake bed fronting the
subject property.
6.2.21.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-21 Zone.
6.2.22
Coastal/Island Residential Exception 22 (CR-22)
CR-22
Part of the original shore road allowance and part of the Crown lake bed fronting Part of Lot 45, Concession 8, being
Parcel 5747 P.S.N.S., in the geographic Township of Harrison, as shown on Schedule 'A', and more particularly
shown on Schedule 'B-12' to this By-law.
6.2.22.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.22.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-22 Zone, with the
exception of the following regulation:
i)
the maximum floor area of the single-storey boathouse shall be 104.8 m²;
ii)
the boathouse is permitted to encroach over the side lot line on the adjacent Crown land water lot.
6.2.23
Coastal/Island Residential Exception 23 (CR-23)
CR-23
Part of Lot 30, Concession 4, being SR Location JDD 264, being Parts 1 to 4 of Plan 42R-6357, Parcel 6991
P.S.N.S., in the geographic Township of Harrison, as shown on Schedule 'A' to this By-law.
NOTE: PROPERTY CONFIGURATION CHANGED. LEGAL DESCRIPTION NEEDS TO BE AMENDED.
6.2.23.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-23 are limited to the following:
i)
one single-detached dwelling;
ii)
one service shop;
iii)
one accessory apartment;
iv)
one rental cottage;
v)
accessory structures.
6.2.23.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-23 Zone.
6.2.24
Coastal/Island Residential Exception 24 (CR-24)
CR-24
Part of Sandy Island, being Lot 3 and Part of Lot 4 of Plan M-346, Part 1 of Plan 42R-10884, Parcel 22510 P.S.S.S.,
in the geographic Township of Cowper, as shown on Schedule 'A' to this By-law.
Part of Sandy Island, being Part of Lot 4 of Plan M-346, remaining Parcel 18320 P.S.S.S., in the geographic
Township of Cowper, as shown on Schedule 'A' to this By-law.
6.2.24.1
Permitted Uses, Buildings and Structures
Those permitted in Section 6 - Coastal/Island Residential (CR) Zone.
- 51 -
6.2.24.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-24 Zone, with the
addition of the following site specific regulation:
i)
a single accessory boathouse or boatport, any accessory docks and an accessory pumphouse may be
constructed within the required setbacks from the environmentally sensitive area, provided that approvals for
the construction have first been obtained from any authority having jurisdiction.
6.2.25
Coastal/Island Residential/Divided Exception 25 (CR/D-25)
CR/D-25
Part of Island 500A (Shawanaga), being the remainder of Part 3 of Plan 42R-7547, remaining Parcel 21385 P.S.S.S.,
in the geographic Township of Shawanaga, as shown on Schedule 'A', and more particularly on Schedule 'B-13' to
this By-law.
6.2.25.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.25.2
Zone Standards
General provisions and zone provisions for the Coastal/Island (CR) Zone, as set out in Sections 5 and 6 of this By-
law, shall apply to the uses in the CR/D-25 Zone, with the exception of the following site specific regulation:
i)
one single detached dwelling up to a maximum of 9 metres in height may be erected and used in the CR/D-25
Zone, as shown on Schedule 'B-13' attached to this By-law.
6.2.26
Coastal/Island Residential Exception 26 (CR-26)
CR-26
Part of Island B644 (Cormie Island), being Part of Summer Resort Location DA5, Parts 1 and 2 of Plan 42R-9445 and
Part 1 of Plan 42R-15226, in front of the geographic Township of Cowper, as shown on Schedule 'A', and more
particularly on Schedule 'B-14' to this By-law.
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.26.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-26 Zone, with the
addition of the following site specific regulations:
i)
the total lot coverage shall not exceed 432 m²;
ii)
the total floor area of all buildings and structures shall not exceed 500 m².
6.2.27
Coastal/Island Residential/Divided Exception 27 (CR/D-27)
CR/D-27
Part of Island B359, being Parts 4, 5 and 11 of Plan 42R-15831, remaining Parcel 24493 P.S.S.S., in front of the
geographic Township of Cowper
Part of Island B359, being Parts 3, 9 and 11 of Plan 42R-15831, Parcel 27339 P.S.S.S., in front of the geographic
Township of Cowper as shown on Schedule 'A', and more particularly on Schedule 'B-15' to this By-law.
6.2.27.1
Permitted Uses
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the exception of the following:
i)
a limit of one dock for each subject property in the location identified on Schedule 'B-15' to this By-law.
6.2.27.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-27 Zone.
- 52 -
6.2.28
Coastal/Island Residential/Divided Exception 28 (CR/D-28)
CR/D-28
Part of Island 46A (Olver Island), Part 1 of Plan 42R-16104, in front of the geographic Township of Harrison, as
shown on Schedule 'A' to this By-law.
6.2.28.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR/D-28 are limited to the following:
i)
one single detached dwelling;
ii)
existing two-storey boathouse with kitchen and living accommodations;
iii)
accessory structures.
6.2.28.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-28 Zone.
6.2.29
Coastal/Island Residential/Divided Exception 29 (CR/D-29)
CR/D-29
Part of Island 94A (Edna Island), Parts 1 and 2 of Plan 42R-16009, Parcels 6218 and 19664 P.S.S.S., in front of the
geographic Township of Harrison, as shown on Schedule 'A' to this By-law.
6.2.29.1
Permitted Uses, Buildings and Structures
Those permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.29.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-29 Zone, with the
addition of the following site specific regulation:
i)
if a new dwelling is constructed, the existing dwelling shall be converted to an oversized sleeping cabin, not
exceeding its existing size of 75 m².
6.2.30
Coastal/Island Residential/Divided Exception 30 (CR/D-30)
CR/D-30
Part of Island 94A (Edna Island), Part 3 of Plan 42R-16009, remaining Parcel 6230 P.S.S.S., in front of the
geographic Township of Harrison, as shown on Schedule 'A' to this By-law.
6.2.30.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR/D-30 are limited to the following:
i)
one 19.6 m² (212 ft2) staff cottage;
ii)
one 29.6 m² (319 ft2) guest cottage;
iii)
one 200.8 m² (2162 ft2) main lodge;
iv)
one 26.3 m² (283 ft2) laundry building;
v)
one 20.8 m² (224 ft2) storage/services building;
vi)
one 85.6 m² (921 ft2) "hill manor";
vii)
one 19.5 m² (210 ft2) power house;
viii)
one 41.7 m² (449 ft2) guest cottage;
ix)
one 38.1 m² (410 ft2) master cottage;
x)
one 86.7 m² (934 ft2) dormitory;
xi)
one 86.5 m² (932 ft2) sauna/dressing rooms/water closets/ boatrack building;
xii)
one 7.1 m² (76 ft2) tool shed;
xiii)
one 46.5 m² (500 ft2) boathouse.
6.2.30.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-30 Zone, with the
addition of the following site specific regulation:
i)
No additional buildings or structures are permitted.
ii)
Additions to any of the existing detached buildings and structures as noted above are permitted, such that the
resultant increase in lot coverage shall not exceed 75 m².
iii)
a maximum of two single-detached dwellings are permitted.
- 53 -
6.2.31
Coastal/Island Residential/Divided Exception 31 (CR/D-31)
CR/D-31
Part of Lot 43, Concession 6, being Part 2 of Plan 42R-16429, in the geographic Township of Conger, as shown on
Schedule 'A' to this By-law.
6.2.31.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.31.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-31 Zone, with the
addition of the following site specific regulation:
i)
all buildings and structures shall be set back a minimum distance of 50 metres from the western lot line.
6.2.32
Coastal/Island Residential/Divided Exception 32 (CR/D-32)
CR/D-32
Part of Island B717, being Part 2 of Plan 42R-16941, in the geographic Township of Cowper
Part of Island B717, being Part 1 of Plan 42R-16941, in the geographic Township of Cowper
Part of Island 395A, being Part 1 of Plan 42R-12376, fronting the geographic Township of Shawanaga,
as shown on Schedule 'A' to this By-law
6.2.32.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR/D-32 are limited to the following:
i)
one single detached dwelling;
ii)
one sleeping cabin;
iii)
non-habitable accessory structures.
6.2.32.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-32 Zone.
6.2.33
Coastal/Island Residential/Divided Exception 33 (CR/D-33)
CR/D-33
Part of Island GB472, being Part 3 of Plan 42R-8324, in the geographic Township of Conger, as shown on Schedule
'A' to this By-law.
6.2.33.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.33.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-33 Zone, with the
addition of the following site specific regulation:
i)
the dwelling may be erected on an existing concrete foundation.
6.2.34
Coastal/Island Residential/Divided Exception 34 (CR/D-34)
CR/D-34
Island A468 (Carolyn), being Part 1 of 42R-15898, designated as Parcel 19565 P.S.N.S., in the geographic Township
of Shawanaga;
Island A468 (Carolyn), being Part 3 of 42R-15898, designated as Parcel 18795 P.S.N.S., in the geographic Township
of Shawanaga,
as shown on Schedule 'A', and more particularly Schedule 'B-16' to this By-law.
6.2.34.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
- 54 -
6.2.34.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-34 Zone, with the
exception of the following site specific regulation:
i)
one single detached dwelling up to a maximum of 9 metres in height may be erected and used on each lot in
the CR/D-34 Zone, as shown on Schedule 'B-16' attached to this By-law.
6.2.35
Coastal/Island Residential/Divided Exception 35 (CR/D-35)
CR/D-35
Part of Island B595, being Part 3 of Plan 42R-13318, remaining Parcel 12204 P.S.S.S., fronting the geographic
Township of Cowper, as shown on Schedule 'A' to this By-law.
6.2.35.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR/D-35 are limited to the following:
i)
one single detached dwelling;
ii)
two sleeping cabins with a total floor area greater than that permitted by this By-law;
iii)
one marine storage facility;
iv)
one sauna;
v)
further accessory structures as permitted by Section 6.1.3.
6.2.35.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-35 Zone, with the
addition of the following site specific regulation:
i)
the minimum lot area of each lot shall be 1 hectare.
6.2.36
Coastal/Island Residential/Divided Exception 36 (CR/D-36)
CR/D-36
Part of Island B686, being Parcel 6339 P.S.S.S., fronting the geographic Township of Cowper, as shown on Schedule
'A', and more particularly on Schedule 'B-17' to this By-law.
6.2.36.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.36.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-36 Zone, with the
addition of the following site specific regulations:
i)
all buildings and structures shall be located within the areas identified as 'building envelope', 'docking envelope
(a)' and 'docking envelope (b)' on Schedule 'B-17' to this By-law.
ii)
a maximum of one docking site is permitted within 'docking envelope (b)' and is permitted a maximum in-shore
extension (beyond original high water mark) of 3 metres.
iii) the maximum height of a single detached dwelling shall be 7 metres.
6.2.37
Coastal/Island Residential/Holding Exception 37 (CR/H-37)
CR/H-37
Island 238A, being Parcel 17390 P.S.S.S., in the geographic Township of Harrison, as shown on Schedule 'A' to this
By-law.
6.2.37.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
- 55 -
6.2.37.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/H-37 Zone, with the
addition of the following regulations:
i)
two single detached dwellings are permitted;
ii)
A third single detached dwelling is permitted, subject to the removal of the "Holding (H)" provision. Council
shall not consider a By-law to remove the "Holding (H)" provision until such time as the buildings and structures
on Island 235A have been removed, or, there is a mechanism in place to ensure their removal.
6.2.38
Coastal/Island Residential Exception 38 (CR-38)
CR-38
Island B497, being Parcel 1537 P.S.S.S., in the geographic Township of Cowper, as shown on Schedule 'A', and
more particularly on Schedule 'B-18' to this By-law.
6.2.38.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.38.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-38 Zone, with the
exception of the following site specific regulation:
i)
one single detached dwelling up to a maximum of 9 metres in height may be erected and used in the CR-38
Zone, as shown on Schedule 'B-18' attached to this By-law.
6.2.39
Coastal/Island Residential/Divided Exception 39 (CR/D-39)
CR/D-39
Part of Island A393 (Kish-ka-dena), being Part 1 of 42R-15480, designated as Parcel 6573 P.S.N.S., in the
geographic Township of Shawanaga;
Part of Island A393 (Kish-ka-dena), being Part 2 of 42R-15480, designated as Parcel 12640 P.S.N.S., in the
geographic Township of Shawanaga as shown on Schedule 'A', and more particularly Schedule 'B-19' to this By-law.
6.2.39.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.39.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-39 Zone, with the
exception of the following site specific regulation:
i)
one single detached dwelling, up to a maximum of 9 metres in height, may be erected and used on each lot in
the CR/D-39 Zone, as shown on Schedule 'B-19' attached to this By-law.
6.2.40
Coastal/Island Residential Exception 40 (CR-40)
CR-40
Part of Island B663 (Halcro Island), being Lots 1, 3, 4 and 5 and Block 6 of Plan 42M-522, in the geographic
Township of Cowper, as shown on Schedule 'A', and more particularly on Schedule 'B-20' to this By-law.
6.2.40.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal Island Residential (CR) Zone.
6.2.40.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-40 Zone, with the
exception of the following site specific regulation:
i)
no buildings or structures, including wharves or piers, are permitted in the areas as shown on Schedule 'B-20'
to this By-law.
- 56 -
6.2.41
Coastal/Island Residential Exception 41 (CR-41)
CR-41
Part of Sandy Island, being Lots 1 and 2 of Plan M-346;
Part of Sandy Island, being Lots 1 to 12 of Plan M-480;
Part of Sandy Island, being Part of Parcel 702 P.S.S.S.; and
Part of Ingersoll Island, being Parts 1 and 2 of Plan 42R-2594 and Parts 1 and 3 of Plan 42R-19228, in the
geographic Township of Cowper, as shown on Schedule 'A" to this By-law.
6.2.41.1
Permitted Uses, Buildings and Structures
Those permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.41.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-41 Zone, with the
addition of the following site specific regulations:
i)
One docking area is permitted on each lot zoned CR-41, provided that the dock does not extend further than 30
metres into the water, regardless of its distance from the original high water mark.
ii)
The dock shall not be constructed as a fixed, crib structure, in order to allow for maintenance of the 30 metre
length into the water as water levels fluctuate.
iii)
Non-permanent, connecting ramps are permitted between the dock and the original high water mark.
iv)
No single docking slip shall exceed 4 metres in width, or, if aligned parallel to the shore, exceed a length of 15
metres.
6.2.42
Coastal/Island Residential Exception 42 (CR-42)
CR-42
Part of Island B320, being Part 1 of Plan 42R-5981, Parcel 19990 P.S.S.S., in the geographic Township of Cowper,
as shown on Schedule 'A', and more particularly on Schedule 'B-24' to this By-law.
6.2.42.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.42.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-42 Zone, with the
exception of the following site specific regulation:
i)
one single detached dwelling up to a maximum of 9 metres in height may be erected and used in the CR-42
Zone, as shown on Schedule 'B-24' attached to this By-law.
6.2.43
Coastal/Island Residential/Divided Exception 43 (CR/D-43)
CR/D-43
Part of Island 395A, being Part 2 of Plan 42R-12376, designated as Parcel 25177 P.S.N.S., in the geographic
Township of Shawanaga, as shown on Schedule 'A', and more particularly on Schedule 'B- 26' to this By-law.
6.2.43.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR/D-43 are limited to the following:
i)
one single detached main dwelling;
ii)
one sleeping cabin;
iii)
accessory structures.
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6.2.43.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-43 Zone, with the
exception of the following site specific regulation:
i)
one main dwelling with a ground floor area up to 204 m² and one sleeping cabin with a ground floor area up to
43 m² are permitted to be constructed below the Georgian Bay flood elevation of 178.3 metres, in the locations
identified on Schedule 'B-26' to this By-law, provided that the floor elevation of the first floor is at, or above,
such flood elevation.
6.2.44
Coastal/Island Residential Exception 44 (CR-44)
CR-44
Part of Lot 29, Concession 6, designated as Parcel 4944 P.S.N.S., and part of the Crown lake bed in front thereof, in
the geographic Township of Harrison, as shown on Schedule 'A' to this By-law.
6.2.44.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone with the addition of the following:
i)
a maximum of 10 boat docking slips;
ii)
one accessory boat docking ramp;
iii)
one accessory boat storage building to accommodate a maximum of 11 boats;
iv)
15 accessory car parking spaces;
v)
one accessory washroom building;
6.2.44.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-44 Zone.
6.2.45
Coastal/Island Residential Exception 45 (CR-45) CR-45
Island B821, being SR Loc. Pt. 40, Parcel 7330 P.S.N.S. and Part 1 of Plan 42R-17034, in the geographic Township
of Shawanaga, as shown on Schedule 'A' to this By-law.
6.2.45.1 Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone with the addition of the following:
i)
the construction of a second main dwelling is permitted on lands zoned CR-45 for a period of three years from
the date that By-law A2000-07 comes into force and effect.
6.2.45.2 Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-45 Zone.
6.2.46
Coastal/Island Residential Exception 46 (CR-46)
CR-46
Island 385A, being Parcel 901 P.S.N.S. in the geographic Township of Shawanaga, as shown on Schedule 'A' to this
By-law.
6.2.46.1 Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone with the addition of the following:
i)
the construction of a second main dwelling, being a maximum of 2,200 ft2 in size, is permitted on lands zoned
CR-46 for a period of three years from the date that By-law No. A2000-07 comes into force and effect, subject
to the second main dwelling being located a minimum of 32 metres in distance from the existing main dwelling.
6.2.46.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-46 Zone.
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6.2.47
Coastal/Island Residential/Divided Exception 47 (CR/D-47)
CR/D-47
Part of Island B415, being Parcel 4207 P.S.S.S., in the geographic Township of Cowper, as shown on Schedule 'A' to
this By-law.
6.2.47.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR/D-47 are limited to the following:
i)
one single detached dwelling;
ii)
three guest cabins;
iii)
accessory structures;
iv)
one boathouse;
vi)
three accessory docks.
There shall be no structures or additions to buildings on the subject lands except as permitted by this By-law.
6.2.47.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-47 Zone.
6.2.48
Coastal/Island Residential Exception 48 (CR-48)
CR-48
Part of Island B419, being Parcel 2446 P.S.S.S., in the geographic Township of Cowper, as shown on Schedule 'A' to
this By-law.
6.2.48.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-48 are limited to the following:
i)
one single detached dwelling;
ii)
one guest cabin;
iii)
one gazebo;
iv)
one workshop;
v)
one boathouse;
vi)
one accessory shed.
There shall be no structures or additions to buildings on the subject lands except as permitted by this By-law.
6.2.48.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-48 Zone, with the
exception of the following site specific regulations:
i)
the maximum main floor area of the main dwelling shall be 305 m² (3,283 ft2);
ii)
the maximum total floor area of the guest cabin shall be 60.2 m² (648 ft2);
iii)
the maximum total floor area of the gazebo shall be 0.5 m² (6 ft2);
iv)
the maximum total floor area of the workshop shall be 42.9 m² (462 ft2);
v)
the maximum total floor area of the boathouse shall be 40 m² (430 ft2);
vi)
the maximum total floor area of the accessory shed shall be 30.8 m² (331.5 ft2);
vii)
the minimum lot area permitted is 6,070 m² (1.5 acres);
viii)
the maximum lot coverage permitted is 482 m² (5,188 ft2);
ix)
No consents or division of land for the purpose of creating a new residential lot shall be permitted for the
subject property.
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6.2.49
Coastal/Island Residential/Divided Exception 49 (CR/D-49)
CR/D-49
Part of Lot 39, Concession 2, in the geographic Township of Conger, as shown on Schedule 'A' to this By-law.
6.2.49.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.49.2 Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-49 Zone, with the
addition of the following site specific regulation:
i)
a dock may be located no closer than 1 metre to the side lot line, including the straight line extension of the
said side lot line into the water.
6.2.50
Coastal/Island Residential/DividedException 50 (CR/D-50)
CR/D-50
Part of Sandy Island, being part of Parcel 25336 P.S.S.S., in the Georgian Bay, in the District of Parry Sound, now in
The Township of The Archipelago, as shown on Schedule 'A' to this By-law.
6.2.50.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.50.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-50 Zone, with the
addition of the following site specific regulations:
i)
One docking area is permitted, provided that the dock does not extend further than 30 metres into the water,
regardless of its distance from the original high water mark.
ii)
The dock shall not be constructed as a fixed, crib structure, in order to allow for maintenance of the 30 metre
length into the water as water levels fluctuate.
iii)
Non-permanent, connecting ramps are permitted between the dock and the original high water mark.
iv)
No single docking slip shall exceed 4 metres in width, or, if aligned parallel to the shore, exceed a length of 15
metres.
6.2.51
Coastal/Island Residential Exception 51 (CR-51)
CR-51
Part of Island B962, being Parcel 9792, in the former geographic Township of Shawanaga, as shown on Schedule 'A'
to this By-law.
6.2.51.1
Zone Standards
Regulations of Section 5 'General Provisions', Section 6.1.3 'Zone Standards', and Section 6.1.4, 'Provisions for
Accessory Uses' shall apply to the uses permitted in the CR-51 Zone with the exception of the following site specific
regulations:
i)
The maximum number of sleeping cabins permitted on one lot is four sleeping cabins;
ii)
one detached deck may have a maximum area of 40 m2 and a minimum front yard setback of 2 m;
iii)
one dock may have a maximum width of 18m;
iv)
the maximum cumulative width of all docks on lands zoned (CR-51) shall be 46 m;
v)
one dock and boathouse is permitted in addition to a maximum of 3 docking sites;
vi)
the maximum height of a boathouse shall be one storey to a maximum of 6m;
vii)
one dock and boathouse may have a maximum width of 25 m;
viii)
the maximum height of accessory structures, including sleeping cabins, shall be one storey to a maximum of
6m;
ix)
an attached deck for the main dwelling may project into the required front yard, provided that a minimum yard
of 2m is maintained between such deck and the front lot line and provided that the floor of such deck is not
more than 3 meters above the grade of the land over which it is located;
- 60 -
x)
one pump house with a maximum Total Floor Area of 9 m2 is permitted;
xi)
the Maximum Lot Coverage shall be 800 m2.
6.2.51.2
Special Provision
If consent for division of Island B962 occurs, a Zoning By-law Amendment will be required for both the severed and
the retained lands to reduce the number of allowable sleeping cabins to 3 (or maximum allowable number under the
applicable Comprehensive Zoning By-law regulations of the day) for each parcel.
6.2.52
Coastal/Island Residential Exception 52 (CR-52)
CR-52
Part of Island B816, being Parcel 11554 P.S.S.S. in the geographic Township of Shawanaga, as shown on Schedule
'A' to this By-law.
6.2.52.1
Permitted Uses, Buildings and Structures
The regulations of Section 6.1.1, Permitted Uses, and Section 6.1.2, Permitted Buildings and Structures, shall apply
to the permitted uses, buildings and structures permitted in the CR-52 Zone.
6.2.52.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-52 Zone with the
exception of the following site specific regulation:
i)
an attached deck for the main dwelling may project into the required front yard, provided that a minimum yard
of 2m is maintained between such deck and the front lot line and provided that the floor of such deck is not
more than 3 meters above the grade of the land over which it is located.
6.2.53
Coastal/Island Residential Exception 53 (CR-53)
CR-53
127 Georgian Bay Water, Pina Blanco, also known as Part of Lot 9, Concession 7, being the remainder of Parcel 3732
P.S.S.S. in the former geographic Township of Cowper, as shown on Schedule 'A' to this By-law.
6.2.53.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2 with the additional use of a sleeping
cabin containing a kitchen with cooking facilities.
6.2.53.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, and Section 6.1.4, Provisions for Accessory Uses, and Section
5.36 General Provisions - Sleeping Cabins, shall apply to the uses permitted in the CR-53 Zone with the exception of
the following site specific regulation:
i)
one sleeping cabin may contain a kitchen with cooking facilities.
6.2.54
Coastal/Island Residential/Divided Exception 54/
Holding 1, 2 and 3 (CR/D-54/H-1, H-2 and H-3)
CR/D-54/H-1, H-2 and H-3
Part of Island 79A (Rathlyn Island), being part of Lots 1, 2, 4, 6 and 7 on Plan 42M-658, in front of the geographic
Township of Harrison, as shown on Schedule 'A' to this By-law and more particularly shown on Schedule 'B-39' to this
By-law.
Notwithstanding the permitted uses and zone regulations in the Coastal/Island Residential (CR) Zone to the contrary,
development of the main building, accessory buildings including sleeping cabins, docks and sewage systems, shall
only be permitted within the permitted areas identified in the "CR/D-54/H-1, 2 and 3" Zone on Schedule 'B-39' to this
By-law. Where a secondary docking envelope is shown on Lot 2, the permitted dock structure shall be limited to a
floating or pole-supported dock not exceeding 37 square metres. In all other respects, the provisions of the
Coastal/Island Residential (CR) Zone shall apply.
- 61 -
6.2.54.1
Holding Provisions
Where the zone symbol on Schedule 'B-39' to this By-law is followed by an 'H-1', 'H-2' or 'H-3', the uses shall be
limited to those uses that existed as of the date of the passing of this By-law, until such time as Council enacts a by-
law pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P. 13, to lift the Holding Provision.
a) Holding One (H-1) Provision
The following conditions must be satisfied before the Holding Provision (H-1) is lifted:
i) a Stage II Archaeological Study has been completed to the satisfaction of the Township and in consultation
with the Ministry of Culture;
ii) an Environmental Site Assessment to determine the location of potential significant habitat of threatened and
endangered species and mitigation measures to prevent harmful disruption to that habitat has been
completed to the satisfaction of the Township with technical guidance provided by the Ministry of Natural
Resources;
iii) a Subdivision Agreement has been completed between the Township and the property owner to implement
the recommendations of the studies required in subsections i) and ii) above and the agreement has been
registered on the title of the lands;
iv) a Site Plan Agreement under Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, is completed individually
for each parcel of land to reflect the measures required to implement the Site Assessment; and,
v) The Holding Provision (H-1) may be lifted only within the building envelopes and only on the individual lots
after the above conditions have been satisfied.
b) Holding Two (H-2) Provision
The following conditions must be satisfied before the Holding Provision (H-2) is lifted:
i) for areas identified as potential habitat for reptiles, a qualified biologist with knowledge and experience in
detailed site assessment for reptiles has conducted a study over two consecutive summers in accordance
with recommendations from the appropriate recovery team experts and with the technical support of the
Ministry of Natural Resources to the satisfaction of the Township. For areas with the potential of Atlantic
Coastal Plain Flora, a qualified botanist has carried out the site assessment in the appropriate season to the
satisfaction of the Township with technical guidance provided by the Ministry of Natural Resources;
ii) a Site Plan Agreement under Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, is completed individually
for each parcel of land to reflect the measures required to implement the Site Assessment;
iii) the studies confirm that the areas identified as potential significance do not have any significance; and
iv) the Holding Provision (H-2) may be lifted within the building envelopes and only on the individual lots after the
above conditions have been satisfied;
v) should any of the studies confirm natural features of 'actual significance', these features and their buffer areas
will be zoned 'Environmentally Sensitive (ES)'.
c) Holding Three (H-3) Provision
The following conditions must be satisfied before the Holding Provision (H-3) is lifted:
i) a Stage II Archaeological Study has been completed to the satisfaction of the Township and in consultation
with the Ministry of Culture;
ii) an Environmental Site Assessment to determine the location of potential significant habitat of threatened and
endangered species and mitigation measures to prevent harmful disruption to that habitat has been
completed to the satisfaction of the Township with technical guidance provided by the Ministry of Natural
Resources;
iii) an amended Subdivision Agreement has been completed between the Township and the property owner to
implement the recommendations of the studies required in subsections i) and ii) above and the agreement
has been registered on the title of the lands;
iv) a Site Plan Agreement under Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, is completed individually
for each parcel of land to reflect the measures required to implement the Site Assessment; and,
v) The Holding Provision (H-3) may be lifted outside the building envelopes on the individual lots only when the
above conditions have been satisfied and Council passes an amendment to this zoning by-law."
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6.2.55
Coastal/Island Residential/Divided Exception 55/Holding 1 (CR/D-55/H-1)
CR/D-55/H-1
Part of Island 79A (Rathlyn Island), being part of Lot 6 on Plan 42M-658, in front of the geographic Township of
Harrison, as shown on Schedule 'A' to this By-law and more particularly shown on Schedule 'B-39' to this By-law.
Notwithstanding the permitted uses and zone regulations in the Coastal/Island Residential (CR) Zone to the contrary,
the only buildings and structures permitted within the building and docking envelopes identified in the CR/D-55 Zone
on Schedule 'B-39' to this By-law shall be accessory buildings, including a maximum of two sleeping cabins, docks
and sewage systems within the building and docking envelopes identified in the CR/D-55 Zone, provided that the
number of buildings on the lot do not exceed the number of buildings otherwise permitted by this By-law. In all other
respects the provisions of the Coastal/Island Residential (CR) Zone shall apply.
6.2.55.1
Holding Provision
Where the zone symbol on Schedule 'B-39' to this By-law is followed by an 'H-1', the uses shall be limited to those
uses that existed as of the date of the passing of this By-law, until such time as Council enacts a by-law pursuant to
Section 36 of the Planning Act, R.S.O. 1990, c.P. 13, to lift the Holding Provision.
a) Holding One (H-1) Provision
The following conditions must be satisfied before the Holding Provision (H-1) is lifted:
i) a Stage II Archaeological Study has been completed to the satisfaction of the Township and in consultation
with the Ministry of Culture;
ii) an Environmental Site Assessment to determine the location of potential significant habitat of threatened and
endangered species and mitigation measures to prevent harmful disruption to that habitat has been
completed to the satisfaction of the Township with technical guidance provided by the Ministry of Natural
Resources;
iii) a Subdivision Agreement has been completed between the Township and the property owner to implement
the recommendations of the studies required in subsections i) and ii) above and the agreement has been
registered on the title of the lands;
iv) a Site Plan Agreement under Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, is completed individually
for each parcel of land to reflect the measures required to implement the Site Assessment; and,
v) The Holding Provision (H-1) may be lifted only within the building envelopes and only on the individual lots
after the above conditions have been satisfied."
6.2.56
Coastal/Island Residential/Divided Exception 56/Holding 1 (CR/D-56/H-1)
CR/D-56/H-1
Part of Island 79A (Rathlyn Island), being part of Lot 1 on Plan 42R-658, in front of the geographic Township of
Harrison, as shown on Schedule 'A' to this By-law and more particularly shown on Schedule 'B-39' to this By-law.
Notwithstanding the permitted uses and zone regulations in the Coastal/Island Residential (CR) Zone to the contrary,
development of the main building, accessory buildings including sleeping cabins, docks and sewage systems, shall
only be permitted within the development envelopes identified in the CR/D-56 Zone on Schedule 'B-39' to this By-law.
In addition, the existing cottage on the lot may be converted to a sleeping cabin provided that the building is not
expanded, the total gross floor area of all 3 sleeping cabins permitted on the lot does not exceed 150 square metres
and all other requirements of this By-law with respect to sleeping cabins are met. In all other respects, the provisions
of the Coastal/Island Residential (CR) Zone shall apply.
6.2.56.1
Holding Provision
Where the zone symbol on Schedule 'B-39' to this By-law is followed by an 'H-1', the uses shall be limited to those
uses that existed as of the date of the passing of this By-law, until such time as Council enacts a by-law pursuant to
Section 36 of the Planning Act, R.S.O. 1990, c.P. 13, to lift the Holding Provision.
a) Holding One (H-1) Provision
The following conditions must be satisfied before the Holding Provision (H-1) is lifted:
i) a Stage II Archaeological Study has been completed to the satisfaction of the Township and in consultation
with the Ministry of Culture;
ii) an Environmental Site Assessment to determine the location of potential significant habitat of threatened and
endangered species and mitigation measures to prevent harmful disruption to that habitat has been
completed to the satisfaction of the Township with technical guidance provided by the Ministry of Natural
Resources;
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iii) a Subdivision Agreement has been completed between the Township and the property owner to implement
the recommendations of the studies required in subsections i) and ii) above and the agreement has been
registered on the title of the lands;
iv) a Site Plan Agreement under Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, is completed individually
for each parcel of land to reflect the measures required to implement the Site Assessment; and,
v) The Holding Provision (H-1) may be lifted only within the building envelopes and only on the individual lots
after the above conditions have been satisfied."
6.2.57
Coastal/Island Residential/Divided/Holding-1 Exception 57 (CR/D-57/H-1)
CR/D-57/H-1
Part of Lot 39, Concession 2, and also known as Parts 6, 7, 8, 9, 10 and 11 on Plan 42R-18002, in the geographic
Township of Conger. The following regulations apply to all lands zoned Coastal/Island Residential/Divided Exception
57 Holding -1 (CR/D-57/H-1) as shown on Schedule 'A', and more particularly Schedule 'B-30' to this By-law.
6.2.57.1
Permitted Uses, Buildings and Structures
In addition to the buildings and structures permitted in the Coastal/Island Residential (CR) Zone, the following shall
also apply:
i)
The provisions of the Coastal/Island Residential (CR) Zone and other applicable provisions of Comprehensive
Zoning By-law No. A2000-07 shall apply to all structures located on this property, except that nothing herein
shall be read so as to affect the legal non-conforming status of the existing accessory building having a total
floor area of 297 m² (3,200 ft²), as shown on Schedule '1' to this By-law.
ii)
So long as the said accessory building, or any part of it, continues to exist, no other accessory buildings shall be
permitted on the subject property.
6.2.57.2
Zone Standards
i)
All other provisions of the Coastal/Island Residential (CR) Zone and other applicable provisions of this By-law
shall apply to all structures located on this property.
6.2.58
Coastal/Island Residential/Divided Exception 58 (CR/D-58)
CR/D-58
Island B592 (St. Waleran Island), being Parcel 26595 P.S.S.S., in the geographic Township of Cowper, as shown on
Schedule 'A", and more particularly on Schedule 'B-31' to this By-law.
6.2.58.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.58.2
Zone Standards
The regulations of Section 6.1.3 - Zone Standards, shall apply to the uses permitted in the CR/D-58 Zone, with the
exception of the following site specific regulations:
i)
No docks are permitted within the 'Restricted Docking' area located on Schedule 'B-31'. The restricted docking
area extends approximately 60 metres south from the rear lot line on the western shoreline of the southern lot.
ii)
All other docking provisions of the Comprehensive Zoning By-law shall apply to lands zoned CR/D-58.
6.2.59
Coastal/Island Residential Exception 59 (CR-59)
CR-59
Island A509, being Parcel 10254 P.S.S.S., in the geographic Township of Shawanaga, as shown on Schedule 'A' to
this By-law.
6.2.59.1
Permitted Uses, Buildings and Structures
Those uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
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6.2.59.2
Zone Standards
The regulations of Section 6.1.3 - Zone Standards, shall apply to the uses permitted in the CR/H-59 Zone, with the
exception of the following site specific regulations:
i)
one sleeping cabin is permitted to be constructed, subject to the removal of the "Holding (H)" provision, below
the Georgian Bay flood elevation of 178.3 metres, provided that the floor elevation of the first floor is at, or
above, such flood elevation;
ii)
Council shall not consider a By-law to remove the "Holding (H)" provision until such time as the owner of the
subject property has entered into a site plan development agreement.
Note: The Holding Provision was removed by the enactment of By-law A2019-09 on March 20, 2009.
6.2.60
Coastal/Island Residential/Divided Exception 60 (CR/D-60)
CR/D-60
Part of Island A468 (Carolyn Island), being Part 2 of Plan 42R-15898, Parcel 19566 P.S.N.S., in the geographic
Township of Shawanaga
6.2.60.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.60.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards shall apply to the uses permitted in the CR/D-60 Zone, with the
addition of the following site specific regulations:
i)
one single detached dwelling up to a maximum of 9 metres in height may be erected and used in the CR/D-60
Zone, as shown on Schedule 'B-16' attached to this By-law;
ii)
a kitchen is allowed in one of the permitted accessory buildings, provided that the total floor area of the said
accessory building does not exceed 80 square metres and that the building is not used for human habitation.
6.2.62
Coastal/Island Residential/Divided Exception 62 (CR/D-62)
CR/D-62
Island C119 (Bide A Wee Island), being Parcel 24495 P.S.S.S., in the geographic Township of Cowper, as shown on
Schedule 'A', and more particularly on Schedule 'B-29' to this By-law.
6.2.62.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.62.2
Zone Standards
The regulations of Section 6.1.3 - Zone Standards, shall apply to the uses permitted in the CR/D-62 Zone, with the
exception of the following site specific regulations:
i)
Docks are only permitted to be located on the eastern shoreline within the 'Docking Envelope'. The eastern
shoreline 'Docking Envelope' extends 90 metres south from the rear lot line, as depicted on Schedule 'B-29'.
ii)
All other docking provisions of the Comprehensive Zoning By-law shall apply to lands zoned CR/D-62.
iii)
A minimum front yard setback of 15 metres shall be required for all ground mounted transformers (hydro box).
6.2.63
Coastal/Island Residential Exception 63 (CR-63)
CR-63
Part of Lot 41, Concession 4, being Part 2 of Plan 42R-5851 and Part 13 of Plan 42R-9062, being Parcel 20998
P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A' to this By-law.
6.2.63.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the following additional permitted use:
i)
water access facility ancillary and accessory to the permitted uses on a single property on Island B56.
- 65 -
6.2.63.2
Zone Standards
The regulations of Section 6.1.3 - Zone Standards, shall apply to the uses permitted in the CR-63 Zone, with the
exception of the following site specific regulations applicable to the water access facility:
i)
one dock structure limited to a maximum area of 60 square metres;
ii)
10 parking spaces.
6.2.64
Coastal/Island Residential/Divided Exception 64 (CR/D-64)
CR/D-64
Part of Lot 40, Concession 4, being Parcel 5092 P.S.N.S., in the geographic Township of Harrison, as shown on
Schedule 'A' to this By-law.
6.2.64.1
Permitted Uses, Buildings and Structures
Those uses, building and structures permitted under Section 6.1.1 and 6.1.2.
6.2.64.2
Zone Standards
The regulations of Section 6.1.3 - Zone Standards, shall apply to the uses permitted in the CR/D-64 Zone, with the
exception of the following site specific regulation:
i)
a minimum setback of 7.5 metres from the boundary of any Environmentally Sensitive (ES, ES1, ES2) Zone.
6.2.65
Coastal/Island Residential/Divided Exception 65 (CR/D-65)
CR/D-65
Part of Island No. 100A, being Part 1 on Plan 42R-10465, in the geographic Township of Harrison, as shown on
Schedule 'A' to this By-law.
6.2.65.1
Permitted Uses, Buildings and Structures
Those uses permitted in Section 6 - Coastal/Island Residential (CR) Zone with the addition of the following:
i)
two single detached dwellings are permitted.
6.2.65.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-65 Zone, with the
exception of the following site specific regulations:
i)
a minimum separation of 75 metres must be maintained between the two single detached main dwellings;
ii)
the maximum total floor area of all accessory buildings, excluding sleeping cabins, shall not collectively exceed
100 m².
6.2.66
Coastal/Island Residential/Holding Exception 66 (CR/H-66)
CR/H-66
Part of Island No. 30A, being Parcel 1753 P.S.N.S., in the geographic Township of Harrison, as shown on Schedule
'A' to this By-law.
6.2.66.1
Permitted Uses, Buildings and Structures
The uses, buildings and structures permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the exception
of the following:
i)
one single detached main dwelling;
ii)
one sleeping cabin;
iii)
one accessory building.
6.2.66.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/H-66 Zone, with the
exception of the following site specific regulations:
i)
no consents or division of land for the purpose of creating a new residential lot shall be permitted for the
subject property;
ii)
Council shall not consider a By-law to remove the 'Holding (H)' Provision until such time as the owner of the
subject property has entered into a site plan development agreement.
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6.2.67
Coastal/Island Residential Exception 67 (CR-67)
CR-67
Part of Lots 24 and 25, Concession 2, being Parcel 6195 P.S.S.S., in the geographic Township of Cowper, as shown
on Schedule 'A', and more particularly on Schedule 'B-34' to this By-law.
6.2.67.1
Permitted Uses, Buildings and Structures
Building and structures permitted for lands zoned CR-67 are limited to the following:
i)
one single detached dwelling;
ii)
two sleeping cabins;
iii)
one accessory building;
iv)
one tennis court;
v)
three accessory structures (two generator sheds and one pumphouse);
vi)
two docks.
6.2.67.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-67 Zone, with the
exception of the following site specific regulations:
i)
the maximum lot coverage permitted is 579 m²;
ii)
the maximum total floor area of one sleeping cabin is 23 m²;
iii)
the maximum total floor area of one sleeping cabin is 72 m² in the location as identified on Schedule 'B-34'
attached to this By-law;
iv)
the maximum total floor area of the main dwelling is 390 m² in the location as identified on Schedule 'B-34'
attached to this By-law;
v)
the maximum total floor area of the accessory building is 95 m².
6.2.68
Coastal/Island Residential/Divided Exception 68 (CR/D-68)
CR/D-68
Part of Lot 37, Concession 7, being Parcel 2098 P.S.S.S., in the geographic Township of Shawanaga, as shown on
Schedule 'A' to this By-law.
6.2.68.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.68.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-68 Zone, with the
exception of the following site specific regulations:
i)
buildings and structures may be erected without a setback from the Environmentally Sensitive One (ES1) Zone,
provided the buildings or structures or any part thereof does not encroach into the Environmentally Sensitive
One (ES1) Zone.
6.2.69
Coastal/Island Residential Exception 69 (CR-69)
CR-69
Part of Island 681A, being Location JG11, designated as Parcel 9747 P.S.N.S., in the geographic Township of
Harrison, as shown on Schedule 'A' to this By-law.
6.2.69.1 Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6 - Coastal Island Residential (CR) Zone, with the
exception of the following:
i)
two single detached main dwellings;
ii)
two sleeping cabins.
- 67 -
6.2.69.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-69 Zone, with the
exception of the following site specific regulations:
i)
the maximum total floor area for the second single detached main dwelling is 89 m².
6.2.70
Coastal/Island Residential/Divided Exception 70 (CR/D-70)
CR/D-70
Part of Island 96A, being Parts 8 and 14, designated as Parcels 2153 and 6934 P.S.N.S., located in front of the
geographic Township of Harrison, as shown on Schedule 'A', and more particularly on Schedule 'B-35' to this By-law.
6.2.70.1 Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.70.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-70 Zone, with the
exception of the following site specific regulations:
i)
docks shall be located within the area identified as "docking envelope" on Schedule 'B-35' attached to this By-
law.
ii)
the main dwelling and septic shall be located within the area identified as 'building envelope' on Schedule 'B-35'
attached to this By-law.
6.2.71
Coastal/Island Residential Exception 71 (CR-71)
CR-71
Part of Lot 27, Concession 5, designated as Parcel Number Pt. PCL 8755 PSNS, geographic Township of Harrison,
as shown on Schedule 'A' to this By-law. (SEE SECTION 10.2.4 - RESORT COMMERCIAL EXCEPTION 5 (RC-5))
6.2.71.1
Permitted Uses, Buildings and Structures
Upon removal of the Holding "H" symbol, the following uses, building and structures shall be permitted:
16 dwelling units within 13 buildings for residential use;
Accessory uses, structures and buildings limited to:
Boat Launch,
Decks,
Docks,
Fitness Building,
Garages,
Gazebo;
Laundry Building,
Office,
Parking Areas,
Sauna,
Sheds,
Swimming pool and
Tennis court,
Existing fuel pump.
6.2.71.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-71-H Zone, with the
exception of the following site specific regulations:
i)
The 16 Dwelling units shall be located within the areas shown on Schedule 'B-37' and restricted to the total floor
area as identified on Schedule 'B-37' attached to this By-law;
ii)
Maximum Lot Coverage shall be 1,500 square metres;
iii) Notwithstanding Subsection 5.1.1 b) and 5.1.2 ii) c), existing accessory buildings and structures are permitted
within their existing locations as identified on Schedule "B-37" attached to this By-law;
iv) Notwithstanding Subsection 5.1.2 ii) b) there shall be no restrictions on the number of accessory buildings and
structures, provided the total lot coverage of all accessory buildings and structures does not exceed 400 square
metres;
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v) Notwithstanding Subsection 5.8, docks shall be limited to the existing dock sites and sizes as identified on
Schedule "B-37" attached to this By-law;
vi) Subsection 5.24 shall not apply.
6.2.71.3
Temporary Use
Notwithstanding the provisions of this by-law, the following uses are permitted for a temporary period of time not to
exceed three (3) years from September 22, 2017, being the date of the passage of the by-law removing the Holding
"H" provision from the property:
i)
The 16 Dwelling units permitted under Section 6.2.71.2 may be used for commercial purposes as housekeeping
cabins or rental cottages.
ii)
Boat and watercraft service and rentals ancillary to the uses permitted under Section 62.71.4 i).
6.2.72
Coastal/Island Residential/Divided Exception 72 (CR/D-72)
CR/D-72
Part of Island B-677, located in front of the geographic Township of Cowper, as shown on Schedule 'A', and more
particularly on Schedule 'B-36' to this By-law.
6.2.72.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.72.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-72 Zone, with the
exception of the following site specific regulations:
i)
No docks or boathouses shall be permitted within the 'No Docking Area' as shown on Schedule 'B-37' attached
to this By-law.
ii)
All buildings, excluding permitted docks or boathouse, shall be located within the identified 'Building Envelope'
on Schedule 'B-37' attached to this By-law.
6.2.73
Coastal/Island Residential/Divided Exception 73 (CR/D-73)
CR/D-73
Part of Island B-677, located in front of the geographic Township of Cowper, as shown on Schedule 'A', and more
particularly on Schedule 'B-36' to this By-law.
6.2.73.1 Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.73.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-73 Zone, with the
exception of the following site specific regulation:
i)
No docks or boathouse shall be permitted within the 'No Docking Area' as shown on Schedule 'B-36' attached
to this By-law.
6.2.74
Coastal/Island Residential Exception 74 (CR-74)
CR-74
Island B-445, in front of the geographic Township of Cowper, as shown on Schedule 'A', and more particularly on
Schedule 'B-38' to this By-law.
6.2.74.1 Permitted Uses, Buildings and Structures
Those uses permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the exception of the following:
i)
A maximum of one docking site.
ii)
The single docking site is to be restricted to a maximum width along the shore of 17.98 metres, a maximum
length into the water of 21.98 metres, and a maximum area of 234.2 square metres, as depicted on Schedule
'B-38'.
iii)
A single 49 square metre building, to be used as a boathouse and sauna, is permitted to be situated on the
dock, as depicted on Schedule 'B-38'.
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6.2.75
Coastal/Island Residential/Divided Exception 75 (CR/D-75)
CR/D-75
Part of Island B-677, located in front of the geographic Township of Cowper, as shown on Schedule 'A', and more
particularly on Schedule 'B-36' to this By-law.
6.2.75.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.75.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-75 Zone, with the
exception of the following site specific regulations:
i)
All buildings, excluding permitted docks or boathouse, shall be located within the identified 'Building Envelope' on
Schedule 'B-36' attached to this By-law.
6.2.76
Coastal/Island Residential/Divided Exception 76 (CR/D-76)
CR/D-76
Island 211A (Kyle Island), being Parcel 158 PSNS, located in front of the geographic Township of Harrison, as shown
on Schedule 'A' to this By-law.
6.2.76.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.76.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-76 Zone, with the
exception of the following site specific regulation:
i)
A minimum front yard setback of 20 metres for any septic system.
6.2.78
Coastal/Island Residential Exception 78 (CR-78)
CR-78
Part of Lot 27, Concession 5, being part of Part 1 and Part 2 on Plan 42R-3117, including part of Part 1 and Part 2 on
Plan 42R-18068, located in the geographic Township of Harrison, as shown on Schedule 'A' to this By-law.
6.2.78.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.78.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-78 Zone, with the
exception of the following site specific regulations:
i)
Docks shall be located within the area identified as 'docking envelope' on Schedule 'B-40' attached to this By-law.
ii)
A minimum front yard setback of 30 metres.
6.2.79
Coastal/Island Residential/Divided Exception 79 (CR/D-79)
CR/D-79
Part of Island B-392, located in front of the geographic Township of Cowper, as shown on Schedule 'A' to this By-law.
6.2.79.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6 - Coastal/Island Residential (CR) Zone, with the
exception of the following:
i)
Two sleeping cabins
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6.2.79.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-79 Zone, with the
exception of the following site specific regulations:
i)
The maximum lot coverage permitted is 690 m².
ii)
The maximum total floor area of one sleeping cabin is 170 m².
iii) The maximum total floor area of one sleeping cabin is 145 m², with 52 m² of the floor area required to be allocated
as an attached garage.
6.2.80
Coastal/Island Residential/Divided Exception 80 (CR/D-80)
CR/D-80
Part of Island B-392, located in front of the geographic Township of Cowper, as shown on Schedule 'A' to this By-law,
and more particularly on Schedule 'B-41' to this By-law.
6.2.80.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.80.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-80 Zone, with the
exception of the following site specific regulations:
i)
All buildings, excluding permitted docks or boathouse, shall be located within the identified 'Building Envelope' on
Schedule 'B-41' attached to this By-law.
6.2.81
Coastal/Island Residential Exception 81 (CR-81)
CR-81
Part of Francis Island No. B-273, being Block B on Plan M-440, in front of the geographic Township of Conger, as
shown on Schedule 'A', and more particularly on Schedule 'B-42' to this By-law.
6.2.81.1
Permitted Uses, Buildings and Structures
Those uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.81.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-81 Zone, with the
exception of the following site specific regulation:
i)
Docks are only permitted to be located within the 'Docking Envelope', as depicted on Schedule 'B-42' attached to
this By-law.
6.2.82
Coastal/Island Residential/Divided Exception 82 - Holding (CR/D-82-H)
CR/D-82-H
Part of Island B-469, designated as Parcel No. 615 PSSS, in front of the geographic Township of Cowper, as shown
on Schedule 'A' to this By-law.
6.2.82.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.82.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-82-H Zone, with the
exception of the following site specific regulation:
i)
Council shall not consider a By-law to remove the 'Holding (H)' Provision until such time as the owner of the
subject property has completed an Ecological Site and Impact Assessment in accordance with applicable
Municipal and Provincial policies, and has entered into a site plan development agreement.
- 71 -
6.2.83
Coastal/Island Residential/Divided Exception 83 - Holding (CR/D-83-H)
CR/D-83-H
Part of Island B-433, designated as part of Parcel No. 1096 PSSS, in front of the geographic Township of Cowper, as
shown on Schedule 'A' to this By-law.
6.2.83.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.83.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-83-H Zone, with the
exception of the following site specific regulation:
i)
Council shall not consider a By-law to remove the 'Holding (H)' Provision until such time as the owner of the
subject property has completed an Ecological Site and Impact Assessment in accordance with applicable
Municipal and Provincial policies, and has entered into a site plan development agreement.
6.2.84
Coastal/Island Residential/Divided Exception 84 - Holding (CR/D-84-H)
CR/D-84-H
Part of Island B-433, designated as part of Parcel No. 1096 PSSS, in front of the geographic Township of Cowper, as
shown on Schedule 'A' to this By-law.
6.2.84.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.84.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-84-H Zone, with the
exception of the following site specific regulations:
i)
Council shall not consider a By-law to remove the 'Holding (H)' Provision until such time as the owner of the
subject property has completed an Ecological Site and Impact Assessment in accordance with applicable
Municipal and Provincial policies, and has entered into a site plan development agreement.
ii)
One dock is permitted prior to the construction of a main dwelling.
6.2.85
Coastal/Island Residential Exception 85 (CR-85)
CR-85
Island No. B-441 (Edward Island), designated as Parcel 11589 PSSS, in front of the geographic Township of Cowper,
as shown on Schedule 'A' to this By-law.
6.2.85.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted in Section 6 - Coastal/Island Residential (CR) Zone, with the
exception of the following:
i)
Three single detached main dwellings;
ii)
Three accessory buildings.
6.2.85.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-85 Zone, with the
exception of the following site specific regulations:
i)
The maximum total floor area permitted for each dwelling is 150 square metres, in the existing locations and
maintaining the existing front yard setbacks.
ii)
The maximum total floor area permitted for each permitted accessory buildings is 20 square metres.
iii) No boathouse or boatport shall be permitted on the subject lands;
iv) No sleeping cabins shall be permitted on the subject lands.
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6.2.86
Coastal/Island Residential/Divided Exception 86 - Holding (CR/D-86-H)
CR/D-86-H
Part of Island 417A, being Parts 1, 2 and 3 on Plan PSR-785, in front of the geographic Township of Shawanaga, as
shown on Schedule 'A' to this By-law.
6.2.86.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.86.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-86-H Zone, with the
exception of the following site specific regulations:
i)
Council shall not consider a By-law to remove the 'Holding (H)' Provision until such time as the owner of the
subject property has completed an Ecological Site and Impact Assessment in accordance with applicable
Municipal and Provincial policies, and has entered into a site plan development agreement.
6.2.87
Coastal/Island Residential Exception 87 (CR-87)
CR-87
Island No. B-569 (Revilo Island), designated as Parcel 24952 PSSS, located in front of the geographic Township of
Cowper, as shown on Schedule 'A'.
6.2.87.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR-87 are limited to the following:
i)
One existing main dwelling containing kitchen facilities, but not sleeping accommodations;
ii)
Four sleeping cabins;
iii) An existing Storage/Sauna building plus one additional accessory building.
iv) Accessory structures.
6.2.87.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-87 Zone, with the
exception of the following site specific regulations:
i)
The main dwelling shall have a total floor area of 186 square metres;
ii)
One existing sleeping cabin shall have a maximum ground floor area of 84.5 square metres;
iii) Three sleeping cabins shall each have a maximum ground floor area of 50 square metres;
iv) The maximum lot coverage permitted is 484 square metres.
v) The minimum front yard setback is 15 metres, save the fourth sleeping cabin that is allowed a 12 metre setback.
vi) Storage/Sauna building to remain at its existing size.
6.2.88
Coastal/Island Residential/Divided Exception 88 (CR/D-88)
CR/D-88
Part of Island No. B717 (Isabella Island), being Lot 36 on Plan 197, located in front of the geographic Township of
Cowper, as shown on Schedule 'A' to this By-law.
6.2.88.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR/D-88 are limited to the following:
i)
One main dwelling;
ii)
One sleeping cabin;
iii) One accessory building.
6.2.88.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-88 Zone, with the
exception of the following site specific regulations:
i)
The maximum total floor area of the main dwelling shall be 140 square metres;
ii)
The maximum total floor area of the accessory building shall be 15 square metres;
iii) The maximum lot coverage permitted is 205 square metres.
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6.2.89
Coastal/Island Residential/Divided Exception 89 (CR/D-89)
CR/D-89
Part of Lot 34, Concession 9, being Part 3 on Plan 42R-13310, designated as Parcel 26041 PSSS, in the geographic
Township of Shawanaga, as shown on Schedule 'A' to this By-law.
6.2.89.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned CR/D-89 are limited to the following:
i)
One main dwelling;
ii)
One existing sleeping cabin;
iii) Accessory buildings.
6.2.89.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-89 Zone, with the
exception of the following site specific regulations:
i)
The maximum total floor area of the sleeping cabin shall be 111.3 square metres;
ii)
The maximum total floor area of the main dwelling shall be 181 square metres.
6.2.89.3
Additional Provision
Once the existing sleeping cabin is removed or demolished, the Permitted Uses, Buildings and Structures per Section
6.1.1 and 6.1.2 and the Zone Standards 6.1.3 shall apply.
6.2.90
Coastal/Island Residential/Divided Exception 90 (CR/D-90)
CR/D-90
Part of Island 231A, designated as Parcel 17246 PSNS, in front of the geographic Township of Harrison, as shown on
Schedule 'A' to this By-law.
6.2.90.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 6.1.1 and 6.1.2.
6.2.90.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR/D-90 Zone, with the
exception of the following site specific regulation:
i)
No development shall occur in the delineated 'restricted no development are' located on the severed lands, as
depicted on Schedule 'B-45'.
ii)
The owners enter into a site plan development agreement.
6.2.91
Coastal/Island Residential Exception 91 (CR-91)
CR-91
Island 357A, being Parcel 9114 PSNS, in front of the geographic Township of Shawanaga, shown on Schedule 'A'
attached to this By-law.
6.2.91.1
Permitted Uses, Buildings and Structures
Those uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.91.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-91 Zone, with the
exception of the following site specific regulations:
i)
One main dwelling is permitted to be reconstructed, being 136.7 square metres (1471 square feet) in size, below
the Georgian Bay flood elevation of 178.3 metres, provided that the floor elevation of the first floor is at, or above,
the required flood elevation;
ii)
The owner of the subject property shall enter into a site plan development agreement to be registered on title.
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6.2.92
Coastal/Island Residential Exception 92 (CR-92)
CR-92
Part Lot 1, Concession 9, being parts of Parts 1 & 2 on Plan 42R-6644 in the geographic Township of Cowper, shown
on Schedule 'A' attached to this By-law.
6.2.92.1
Permitted Uses, Buildings and Structures
Those uses permitted in Section 6 - Coastal/Island Residential (CR) Zone.
6.2.92.2
Zone Standards
The regulations of Section 6.1.3, Zone Standards, shall apply to the uses permitted in the CR-92 Zone, with the
exception of the following site specific regulation:
i)
The existing main dwelling, being 165 square metres (1776 square feet) in size, is permitted a 3.7 metre side yard
setback.
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Section 7 - Inland Lakes Residential (IR) Zone
Within an Inland Lakes Residential (IR) Zone, no person shall use any land, or erect, alter or use any building or structure for or
except such purposes and according to such provisions as set out in the following sub-sections.
7.1
General Use Provisions:
7.1.1
Permitted Uses
Main Use:
Residential use.
Accessory Uses:
Accessory Residential uses..
Bed and Breakfast;
Home occupation;
7.1.2
Permitted Buildings and Structures
A single, detached dwelling
Accessory structures and buildings
7.1.3
Zone Standards
Any building or structure permitted under Section 7.1.2 shall comply with the following provisions except as otherwise
provided for in Section 5, General Provisions:
a)
Minimum Lot Frontage
As existing at the date of passing of this By-law or adjusted
through a lot line adjustment as approved through the
Planning Act
b)
Minimum Lot Area
As existing at the date of passing of this By-law or adjusted
through a lot line adjustment as approved through the
Planning Act.
c)
Maximum Lot Coverage
i) Lots with an area of 1,800 m² or less:
- maximum total floor area is 7.5% of lot area;
ii) Lots with an area greater than 1,801 m² up to 16,187 m²:
- 140 m² + 3% of lot area;
iii) Lots with an area greater than 16,188 m² up to 32,374 m²:
- 625 m² + 1% of lot area that is over 16,187 m²;
iv) Lots with an area of greater than 32,375 m² up to 34,400:
- 787 m² + ½% of the lot area over 32,374 m²
v) Lots with an area greater than 34,401 m²
- 800 m².
d)
Main dwelling
i) maximum ground floor area - 80% of the total lot
coverage (for properties greater than 1800 m²;
ii) maximum total floor area - 300 m²;
iii) minimum ground floor area - Wards 5 and 6: 40 m²
Wards 1,2,3 and 4: 50 m²
e)
Minimum Front Yard Setback
7.5 m
f)
Minimum Side Yard Setback
6 m
g)
Minimum Rear Yard Setback
6 m
h)
Maximum Height
9 m
7.1.4
Provisions for Accessory Uses
The provisions of Section 7.1.1 shall apply to accessory buildings, structures and uses, except as otherwise provided for
in Section 5, General Provisions.
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7.2
SPECIAL EXCEPTION REGULATIONS - INLAND LAKES RESIDENTIAL (IR)
The regulations contained in Subsection 7.1, General Use Provisions, shall apply to the Special provision use area or
areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 7.2.
7.2.1
Inland Lakes Residential Exception 1 (IR-1)
IR-1
Part of Lot 25, Concession 10, Parts 17 and 18 of PSR-889, being Parcels 12544 and 12545 P.S.S.S., in the
geographic Township of Conger, as shown on Schedule 'A' to this By-law.
7.2.1.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned IR-1 are limited to the following:
i)
two single detached dwellings;
ii)
accessory structures.
7.2.1.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-1 Zone, with the
exception of the following site specific regulations:
i)
the minimum side yard along the northerly lot line shall be 4.5 metres;
ii)
the minimum side yard along the southerly lot line shall be 1.5 metres.
7.2.2
Inland Lakes Residential Exception 2 (IR-2)
IR-2
Lot 14 of Plan M-284 and Part 10 of Plan 42R-8506, being Parcel 13543 P.S.S.S., in the geographic Township of
Conger, as shown on Schedule 'A', and more particularly on Schedule 'B-21' to this By-law.
7.2.2.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 7 - Inland Lakes Residential (IR) Zone, with the exception of the following:
i)
a boathouse not exceeding 55.2 m² in area, may be erected and used on the Crown lakebed fronting the
Subject property.
7.2.2.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-2 Zone.
7.2.3
Inland Lakes Residential Exception 3 (IR-3)
IR-3
Part of Lots 18 and 19, Concession 10, Parts 1 and 2 of PSR-1422 and Parts 3 to 7 of PSR-3083, Parcels 17195 and
13794 P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A' to this By-law.
7.2.3.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 7 - Inland Lakes Residential (IR) Zone, with the addition of the following:
i)
a second single detached dwelling is permitted.
7.2.3.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-3 Zone, with the addition
of the following site specific regulations:
i)
a minimum separation of 90 metres must be maintained between the two single detached
dwellings;
ii)
the subject property is eligible for a consent to create one new lot, provided that each lot has a
minimum lot size of one hectare and a minimum lot frontage of 90 metres.
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7.2.4
Inland Lakes Residential Exception 4 (IR-4)
IR-4
Part of Lot 12, Concession 10, being Parcel 7482 P.S.S.S., in the geographic Township of Conger, as shown on
Schedule 'A' to this By-law.
7.2.4.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 7 - Inland Lakes Residential (IR) Zone.
7.2.4.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-4 Zone, with the
exception of the following site specific regulation:
i)
the minimum front yard setback for the main dwelling shall be 1.5 metres.
7.2.5
Inland Lakes Residential Exception 5 (IR-5)
IR-5
Blackstone Island, being Parcel 1281 P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A' to
this By-law.
7.2.5.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 7 - Inland Lakes Residential (IR) Zone.
7.2.5.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-5 Zone, with the
exception of the following site specific regulation:
i)
the maximum building height shall be six metres.
7.2.6
Inland Lakes Residential Exception 6 (IR-6)
IR-6
Lot 29 of Plan M-264 and Part 5 of Plan 42R-8488, Parcel 11984 P.S.S.S., in the geographic Township of Conger, as
shown on Schedule 'A' to this By-law.
7.2.6.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 7 - Inland Lakes Residential (IR) Zone.
7.2.6.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-6 Zone, with the
exception of the following site specific regulation:
i)
an accessory sleeping cabin is permitted to be located 1.3 metres from the high water mark.
7.2.7
Inland Lakes Residential Exception 7 (IR-7)
IR-7
Part of Lot 11, Concession 12, Part 1 of Plan 42R-11744, in the geographic Township of Conger, as shown on
Schedule 'A' to this By-law.
7.2.7.1
Permitted Uses
The uses permitted in Section 7 - Inland Lakes Residential (IR) Zone.
7.2.7.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-7 Zone, with the
exception of the following site specific regulation:
i)
a dock is permitted to be located within 10 metres of the original road allowance adjoining the geographic
Township of Conger and the Township of Seguin.
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7.2.8
Inland Lakes Residential Exception 8 (IR-8)
IR-8
Lot 71 of Plan M-280 and Part 5 of Plan 42R-8069, being Parcel 12644 P.S.S.S., in the geographic Township of
Conger, as shown on Schedule 'A' to this By-law.
7.2.8.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 7 - Inland Lakes Residential (IR) Zone.
7.2.8.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-8 Zone, with the
exception of the following site specific regulation:
i)
the accessory boathouse shall not exceed a total ground floor area of 66.5 m².
7.2.9
Inland Lakes Residential Exception 9 (IR-9)
IR-9
Part of Lot 10, Concession 9, Part 1 of Plan 42R-11508, being Parcel 26354 P.S.S.S., in the geographic Township of
Conger, as shown on Schedule 'A', and more particularly shown on Schedule 'B-22' to this By-law.
7.2.9.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 7 - Inland Lakes Residential (IR) Zone, with the addition of the following:
i)
a bridge structure may be constructed and used in the location approved by the Ministry of Natural Resources,
across the creek between Mogridge Lake and Blackstone Lake, as shown on Schedule 'B-22' attached to this
By-law, to allow road access to the subject property.
7.2.9.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-9 Zone.
7.2.10
Inland Lakes Residential/Divided Exception 10 (IR/D-10)
IR/D-10
Part of Lot 5, Concession 1, designated as remaining Parcel 9150 P.S.S.S., in the geographic Township of Conger,
as shown on Schedule 'A' to this By-law.
7.2.10.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for each of two lots zoned IR/D-10 are limited to the following:
i)
one single detached dwelling;
ii)
one sleeping cabin;
iii)
two accessory structures.
7.2.10.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted for each of two lots in the IR/D-10
Zone, with the exception of the following regulations:
i)
the maximum lot area and lot frontage for the severed lot shall be 0.45 ha and 56 m, respectively;
ii)
the maximum lot area and lot frontage for the retained lot shall be 0.43 ha and 69 m, respectively;
iii)
the maximum lot coverage for both the severed and retained lot shall be 225 m².
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7.2.11
Inland Lakes Residential Exception 11 (IR-11)
IR-11
Island CL220 on Naiscoot Lake, designated as Parcel 2816 P.S.N.S., in the geographic Township of Harrison, as
shown on Schedule 'A', and more particularly shown on Schedule 'B-25' to this By-law.
7.2.11.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned IR-11 are limited to the following:
i)
one single detached, single storey dwelling with an attached deck;
ii)
one detached deck;
iii)
two docking areas (one of which is not subject to the Holding Provision).
7.2.11.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-11 Zone, with the
exception of the following regulations:
i)
the single detached dwelling shall not exceed one storey in height;
ii)
the single detached dwelling shall not exceed 60 m² in floor area;
iii)
the deck attached to the single detached main dwelling shall not exceed 28 m²;
iv)
the detached deck shall not exceed 13 m² in floor area;
v)
the detached deck shall not be more than 1 metre above grade;
vi)
the first dock structure shall not exceed 20 m² in area and shall be permitted a 3 m in-shore
encroachment as part of the total area;
vii)
the second dock structure shall not exceed 28 m² in area and shall be permitted a 3 m in-shore
encroachment as part of the total area.
7.2.12
Inland Lakes Residential/Divided Exception 12 (IR/D-12)
IR/D-12
Part of Lots 38 and 39, Concession 3, Part 1 of Plan 42R-6689 and Parts 1 and 2 of Plan 42R-15916, designated as
Parcel 4093 P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A' to this By-law.
7.2.12.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned IR/D-12 are limited to the following:
i)
one single detached dwelling;
ii)
accessory uses, buildings and structures.
7.2.12.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR/D-12 Zone, with the
exception of the following regulations:
i)
a minimum front yard of 15 m of any main dwelling or accessory sleeping cabin;
ii)
a minimum setback of 30 m from the boundary of any Environmentally Sensitive (ES, ES1, ES2) Zone;
iii)
a minimum front yard of 30 metres for any septic system; and,
iv)
a maximum width of docks not to exceed 25% of the lot frontage.
7.2.14
Inland Lakes Residential/Divided Exception 14 - Holding (IR/D-14-H)
IR/D-14-H
Part of Broken Lot 15, Concession 10, as in LP2326, except Parts 1 and 4 on Plan 42R-16101, together with Part 1
on Plan PSR-565 as in LT53050, in the geographic Township of Conger, as shown on Schedule 'A' to this By-law.
7.2.14.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 7.1.1 and 7.1.2.
7.2.14.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR/D-14-H Zone, with the
exception of the following site specific regulation:
i)
Council shall not consider a By-law to remove the 'Holding (H)' Provision until such time as the owner of the
subject property has completed an Ecological Site and Impact Assessment in accordance with applicable
Municipal and Provincial policies, and has entered into a site plan development agreement.
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7.2.15
Inland Lakes Residential Exception 15 (IR-15)
IR-15
Part of Lot 16, Concession 10, being part of Remaining Parcel 20696 PSSS, in the geographic Township of Conger,
as shown on Schedule 'A' to this By-law.
7.2.15.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 7 - Inland Lakes Residential (IR) Zone.
7.2.15.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-15 Zone, with the
exception of the following site specific regulations:
i)
a minimum front yard setback of 15 metres.
ii)
a minimum setback of 30 metres from the boundary of any Environmentally Sensitive (ES, ES1, ES2) Zone.
iii)
No docks are permitted to be located within any Environmentally Sensitive (ES, ES1, ES2) Zone.
iv)
No boathouse or boatport shall be permitted on the subject lands.
v)
No consents or division of land for the purpose of creating a new residential lot shall be permitted for the
subject property.
7.2.16
Inland Lakes Residential Exception 16 (IR-16)
IR-16
Part of Lots 15 and 16, Concessions 10 and 11, being Part of Part 3 on Plan 42R-6773, part of Parts 2, 3, 4, 6, 11, 14
and Part 10 on Plan 42R-16554, including Part of Parcel 20696 PSSS, and part of Part 1 on Plan SPR-565, in the
geographic Township of Conger, as shown on Schedule 'A' to this By-law.
7.2.16.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 7 - Inland Lakes Residential (IR) Zone.
7.2.16.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-16 Zone, with the
exception of the following site specific regulation:
i)
No consents or division of land for the purpose of creating a new residential lot shall be permitted for the
subject property.
7.2.17
Inland Lakes Residential/Divided Exception 17
(IR/D-17)
Part of Lot 31, Concession 3, being Parts 3 - 6, 10 and 12 on Plan 42R-8713, designated as Parcel 17932 PSSS, in
the geographic Township of Conger, in the Township of The Archipelago, as shown on Schedule 'A' to this By-law.
7.2.17.1
Permitted Uses, Buildings and Structures
Buildings and Structures permitted for lands zoned IR/D-17 are limited to the following:
i)
One existing single detached dwelling;
ii)
One existing sleeping cabin;
iii) Accessory building & structures.
7.2.17.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR/D-17 Zone, with the
exception of the following site specific regulations:
i)
The maximum total floor area of the main dwelling shall be 67 square metres;
ii)
The maximum total floor area of the sleeping cabin shall be 16 square metres;
iii) The maximum lot coverage permitted is 135 square metres.
iv) The minimum lot area permitted is 0.21 hectares.
v) The minimum lot frontage permitted is 90 metres.
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7.2.18
Inland Lakes Residential/Divided Exception 18
(IR/D-18)
Part of Lot 31, Concession 3, being Parts 3 - 6, 10 and 12 on Plan 42R-8713, designated as Parcel 17932 PSSS, in
the geographic Township of Conger, in the Township of The Archipelago, as shown on Schedule 'A' to this By-law.
7.2.18.1
Permitted Uses, Buildings and Structures
Buildings and Structures permitted for lands zoned IR/D-18 are limited to the following:
i)
One existing single detached dwelling;
ii)
Accessory buildings & structures, excluding sleeping cabins.
7.2.18.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR/D-18 Zone, with the
exception of the following site specific regulations:
i)
The maximum total floor area of the main dwelling shall be 47.5 square metres;
ii)
The maximum lot coverage permitted is 135 square metres;
iii) The minimum lot area permitted is 0.23 hectares;
iv) The minimum lot frontage permitted is 90 metres.
7.2.19
Inland Lakes Residential Exception 19
(IR-19)
Part of Lot 21, Concession 9, Parcel 3040 PSSS and Parcel 5717 PSSS, in the geographic Township of Conger, as
shown on Schedule 'A', and more particularly on Schedule 'B-43' to this By-law.
7.2.19.1
Permitted Uses, Buildings and Structures
Buildings and Structures permitted for lands zoned IR-19 are limited to the following:
i)
18 dwelling units consisting of 15 detached dwellings, and a three (3) unit multiple dwelling;
ii)
Accessory structures and buildings.
7.2.19.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR-19 Zone, with the
exception of the following:
i)
The maximum lot coverage permitted shall be 3,000 m²;
ii)
The maximum total floor area of each detached dwelling unit shall be as exists on December 8, 2017;
iii) The maximum floor area of the multiple dwelling shall be as exists on December 8, 2017.
7.2.20
Inland Lakes Residential/Divided Exception 20
(IR/D-20)
Part of Lots 19 and 20, Concessions 11 and 12, being part of remaining Parcel 4816 PSSS, and Part 1 on Plan 42R-
19627, in the geographic Township of Conger, in the Township of The Archipelago, as shown on Schedule 'A' to this
By-law.
7.2.20.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 7 - Inland Lakes Residential (IR) Zone.
7.2.20.2
Zone Standards
The regulations of Section 7.1.3, Zone Standards, shall apply to the uses permitted in the IR/D-20 Zone, with the
exception of the following site specific regulations:
i)
A minimum front yard setback of 30 metres for any septic system.
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Section 8 - General Residential (GR) Zone
Within a General Residential (GR) Zone, no person shall use any land, or erect, alter or use any building or structure for or
except such purposes and according to such provisions as set out in the following sub-sections.
8.1
General Use Provisions:
8.1.1
Permitted Uses
Main Use:
Residential use.
Accessory Uses:
Accessory Residential uses;
A home occupation;
A Bed and Breakfast.
8.1.2
Permitted Buildings and Structures
A single, detached dwelling;
Accessory structures and buildings;
8.1.3
Zone Standards
Any building or structure permitted under Section 8.1.2 shall comply with the following provisions except as otherwise
provided for in Section 5, General Provisions:
a)
Minimum Lot Frontage
As existing at the date of passing of this By-law or adjusted through
a lot line adjustment as approved through the Planning Act.
b)
Minimum Lot Area
As existing at the date of passing of this By-law or adjusted through
a lot line adjustment as approved through the Planning Act.
c)
Maximum Lot Coverage
20%
d)
Main dwelling
i) maximum ground floor area - 80% of the total lot coverage;
ii) maximum total floor area - 300 m²;
iii) minimum ground floor area - Wards 5 and 6: 40 m²
Wards 1,2,3 and 4: 50 m²
e)
Minimum Front Yard Setback
7.5 m
f)
Minimum Side Yard Setback
6 m
g)
Minimum Rear Yard Setback
6 m
h)
Maximum Height
Wards 1 (excluding those lands fronting Sturgeon Bay that are
outside of Pointe au Baril Station), 5 and 6: 9 m
Wards 2, 3, 4 and including those lands fronting Sturgeon Bay that
are outside of Pointe au Baril Station: 6 m
8.1.4
Provisions for Accessory Uses:
The provisions of 8.1 shall apply to accessory buildings, structures and uses, except as otherwise provided for in
Section 5, General Provisions.
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8.2
SPECIAL EXCEPTION REGULATIONS - GENERAL RESIDENTIAL (GR)
The regulations contained in Subsection 8.1, General Use Provisions, shall apply to the Special Provision Use area or
areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 8.2.
8.2.1
General Residential Exception 1 (GR-1)
GR-1
Part of Lot 27, Concession 4, being Part 1 of Plan 42R-7764, Parcel 16804 P.S.N.S., in the geographic Township of
Harrison, as shown on Schedule 'A' to this By-law.
8.2.1.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned GR-1 are limited to the following:
i)
two single detached dwellings;
ii)
accessory structures.
8.2.1.2
Zone Standards
The regulations of Section 8.1.3, Zone Provisions, shall apply to the uses permitted in the GR-1 Zone, with the
exception of the following site specific regulation:
i)
the size of the second single detached dwelling shall be limited to 64.2 m².
8.2.2
General Residential Exception 2 (GR-2)
GR-2
Part of Lot 29, Concession 4, being Part 5 of Plan 42R-11691, Parcel 17494 P.S.N.S., in the geographic Township of
Harrison, as shown on Schedule 'A' to this By-law.
8.2.2.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 8 - General Residential (GR) Zone.
8.2.2.2
Zone Standards
The regulations of Section 8.1.3, Zone Standards, shall apply to the uses permitted in the GR-2 Zone, with the
exception of the following site specific regulations:
i)
the minimum lot size shall be 1300 m²;
ii)
the minimum lot depth shall be 24 metres.
8.2.3
General Residential Exception 3 (GR-3)
GR-3
Part of Lot 27, Concession 5, being Lots 6, 7, 8, 9 and 10 of Plan 42M-602, in the geographic Township of Harrison,
as shown on Schedule 'A' to this By-law.
8.2.3.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 8 - General Residential (GR) Zone.
8.2.3.2
Zone Standards
The regulations of Section 8.1.3, Zone Standards, shall apply to the uses permitted in the GR-3 Zone, with the
exception of the following site specific regulation:
i)
the minimum front yard setback shall be 2 metres.
8.2.4
General Residential Exception 4 (GR-4)
GR-4
Part of Lot 41, Concession 4, being part of the remainder of Part 3 of Plan 42R-3183, in the geographic Township of
Conger, as shown on Schedule 'A' to this By-law.
8.2.4.1 Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned GR-4 are limited to the following:
i)
one single detached dwelling;
ii)
accessory buildings and structures.
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8.2.4.2 Zone Standards
The regulations of Section 8.1.3, Zone Standards, shall apply to the uses permitted in the GR-4 Zone, with the
exception of the following site specific regulation:
i)
a minimum 60 metre yard shall be maintained from adjacent commercial and residential zone
boundaries.
8.2.5
General Residential Exception 5 (GR-5)
GR-5
Part of Lot 3, Concession 1, being Part 1 on Plan 42R-3464, designated as Parcel 17506 P.S.S.S., in the geographic
Township of Conger, as shown on Schedule 'A', and more particularly on Schedule 'B-32' to this By-law.
8.2.5.1 Permitted Uses, Buildings and Structures
The uses permitted in Section 8 - General Residential (GR) Zone.
8.2.5.2 Zone Standards
The regulations of Section 8.1.3, Zone Standards, shall apply to the uses permitted in the GR-5 Zone, with the
exception of the following site specific regulations:
i)
a home occupation is permitted to occupy a maximum floor area of 111 m² within an accessory building, to be
located in the side yard.
ii)
an accessory outdoor storage area for the home occupation may be located in the side yard, provided it is
behind the front wall of the accessory building used for the home occupation and provided it occupies an area
of no more than 200 m².
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Section 9 - Marina Commercial (MC) Zone
Within a Marina Commercial (MC) Zone, no person shall use any land, or erect, alter or use any building or structure for or
except such purposes and according to such provisions as set out in the following sub-sections.
9.1 General Use Provisions:
9.1.1
MC - Permitted Uses
Main Use:
Marina
Secondary Uses:
a dormitory, restaurant, construction equipment storage, contractor's yard, custom workshop, or retail store, all
permitted in conjunction with a marina
Accessory Uses:
Uses, buildings and structures accessory to a Main or Secondary Use
Single detached dwelling or a dwelling unit in a commercial building.
9.1.2
Zone Standards
a)
Minimum Lot Frontage
100m
b)
Minimum Lot Area
1ha
c)
Maximum Lot Coverage
30%
d)
Minimum Front Yard Setback
0m
e)
Minimum Side Yard Setback
3m
f)
Minimum Rear Yard Setback
5 m
g)
Maximum Height
15m
9.1.3
Setback Provisions for Main and Secondary Uses
The minimum side yard setback shall be increased to 6m where an adjoining lot is used for residential purposes or
zoned in a Residential Zone.
Fuel pumps will be located in compliance with Subsection 5.12, 'Fuel Pump Location'.
9.1.4
Provisions for Residential Uses
In the case of a single detached dwelling, a dwelling unit in a commercial building, and a dormitory, the following
regulations shall apply:
i)
A maximum of two dwelling units may be permitted on one lot for the personal use of the owner, operator or an
employee of the commercial use. The dwelling units may either be a single detached dwelling or a residential unit
within a commercial building;
ii)
All residential units must be serviced by a private water supply and sewage system;
iii) Any residential use permitted in Section 9.1.1, must be accessory to the main commercial use.
iv) The minimum ground floor area of the detached dwelling shall be 50 m²
v) The maximum height of the single detached dwelling shall not exceed:
- Wards 1 (excluding those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station), 5 and 6: 9 m
- Wards 2, 3, 4 and including those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station: 6 m.
vi) The minimum front, side, and rear yard for any residential structure or structure containing a residential unit shall be
7.5 metres, 3 metres, and 5 metres, respectively.
vii) Any residential structure or structure containing a residential unit shall not be erected within 3 metres of any other
building on the lot.
viii) A dwelling unit in a commercial building must have a minimum total floor area of 35 m² up to a maximum total floor
area of 300 m² for each unit;
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ix) A Maximum Total Floor Area of 300 m² for each single detached residence;
x) A Total Lot Coverage of 5% for all residential units is permitted;
xi) A maximum of four units are permitted within a dormitory.
9.1.5
Accessory Uses
The MC Zone provisions shall apply to buildings and structures used for commercial accessory uses, except where the
regulations of Section.5, General Provisions prescribe regulations for specific accessory buildings or structures.
9.2
SPECIAL EXCEPTION REGULATIONS - MARINA COMMERCIAL (MC)
The regulations contained in Subsection 9.1, General Use Provisions, shall apply to the Special provision Use area or
areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 9.2.
9.2.1
Marina Commercial (Holding) Exception 1 (MC/H-1)
MC/H-1
Part of Lot 27, Concession 5, being Part of Parcel 4708 P.S.N.S., designated as Parts 11 to 19, 26, 27 and 28 on
Plan 42R-14167 and Lot 4 on Plan 42M-602, in the geographic Township of Harrison, as shown on Schedule 'A' to
this By-law.
9.2.1.1 Permitted Uses, Buildings and Structures
The uses permitted in Section 9 - Marina Commercial (MC) Zone, with the following additional permitted use:
i)
three staff residences.
A sawmill is not a permitted use within the lands zoned MC/H-1.
9.2.1.2
Zone Standards
The regulations of Section 9.1.2, Zone Standards, shall apply to the uses permitted in the MC/H-1 Zone, with the
exception of the following site specific regulations:
i)
Each of three staff residences shall be a maximum of two storeys in height and have a maximum ground floor
area of 54 m²;
ii)
Council shall not consider a By-law to remove the 'Holding (H)' Provision until such time as the subject lands
have been merged in title with the adjacent commercial property, being Part 1 on Plan PSR-133 and Part 1 on
Plan 42R-9181, in the geographic Township of Harrison, and until such time as a site plan agreement has been
registered on title against the entire commercial properties known as Desmasdon's Boatworks.
9.2.2
Marina Commercial Exception 2
MC-2
Part 1 on Plan 42R-19734, on Part of Island 25A, in front of the geographic Township of Harrison, as shown on
Schedule 'A' to this By-law.
9.2.2.1 Permitted Uses, Buildings and Structures
Those Secondary Uses permitted in Section 9.1.1 - Marina Commercial (MC), will be limited to the following:
i)
a dormitory;
ii)
construction equipment storage.
9.2.2.2 Zone Standards
The regulations of Section 9.1.2, Zone Standards, shall apply to the uses permitted in the MC-2 Zone.
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9.2.3
Marina Commercial Exception 3
MC-3
Part of Lot 21, Concession 9, Parcel 3040 PSSS and Parcel 5717 PSSS, in the geographic Township of Conger, as
shown on Schedule 'A', and more particularly on Schedule 'B-43' to this By-law.
9.2.3.1 Permitted Uses, Buildings and Structures
The uses permitted in Section 9 - Marina Commercial (MC) Zone with the exception that a dormitory shall not be
permitted as a secondary use and a single detach dwelling or a dwelling unit in a commercial building shall not be
permitted as an accessory use.
9.2.3.2 Zone Standards
The regulations of Section 9.1.2, Zone Standards, shall apply to the uses permitted in the MC-3 Zone with the
following site specific regulations:
i)
Minimum side yard is 1.5 metres;
ii)
The docking envelope is shown on Schedule 'B-44'.
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Section 10 - Resort Commercial (RC) Zone
Within a Resort Commercial (RC) Zone, no person shall use any land, or erect, alter or use any building or structure for or except
such purposes and according to such provisions as set out in the following sub-sections.
10.1
General Use Provisions:
10.1.1 Permitted Uses
Main Uses:
Housekeeping Cabins or rental cottages
Lodge, motel or hotel
Retail Store
Restaurant
Accessory Uses:
Uses, buildings or structures accessory to a Main Use, including but not limited to the following:
A single detached dwelling or a dwelling unit in a commercial building that is occupied by the owner or employee of
one of the main permitted uses.
Accessory boat docking, buildings or structures for boat storage, boat and watercraft rentals and sales, or fuel sales.
10.1.2 Zone Standards
a)
Minimum Lot Frontage
100m
b)
Minimum Lot Area
1ha
c)
Maximum Lot Coverage
Total Coverage 20%
(further provisions see 10.1.3)
d)
Minimum Front Yard Setback
7.5 m
e)
Minimum Side Yard Setback
6.0 m
f)
Minimum Rear Yard Setback
5m
g)
Maximum Height
15m
10.1.3 Provisions for Resort Commercial Uses
i)
Expansion limits will be restricted to the following provisions:
a) total number of bedrooms permitted will be up to a maximum of 1 bedroom for each 0.1 ha lot area or 1
bedroom for every 5m of lot frontage;
b) commercial structures may be expanded to a maximum of twice the existing floor area in 1995 up to a
maximum of 20% lot coverage;
c)
the maximum total floor area for each cabin shall be 100 metres square;
d) the maximum height for each cabin shall be:
i)
Wards 1 (excluding those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station), 5 and 6 -
9 m; and
ii)
Wards 2, 3, 4 and including those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station -
6 m.
ii)
Fuel pumps will be located in compliance with Subsection 5.12, 'Fuel Pump Location'.
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10.1.4 Provisions for Residential Uses Permitted in Section 10.1.1
In the case of a single detached dwelling or a dwelling unit in a commercial building the following regulations shall apply:
a)
A maximum of two dwelling units may be permitted on one lot for the personal use of the owner, operator or an
employee of the non-residential use. The dwelling units may either be a single detached dwelling or a residential
unit within a commercial building;
b)
All residential units must be serviced by a private water supply and sewage system;
c)
Any residential use permitted in Section 10.1.1, must be accessory to the main commercial use;
d)
The minimum ground floor area of the detached dwelling shall be 50 m²;
e)
The maximum height of the single detached dwelling shall not exceed:
- Wards 1 (excluding those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station), 5 and 6: 9 m
- Wards 2, 3, 4 and including those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station: 6 m.
f)
The minimum front, side, and rear yard for any residential structure or structure containing a residential unit shall be
7.5 metres, 3 metres, and 5 metres, respectively;
g)
Any residential structure or structure containing a residential unit shall not be erected within 3 metres of any other
building on the lot;
h)
A dwelling unit in a commercial building must have a minimum total floor area of 35 m² up to a maximum total floor
area of 300 m² for each unit;
i)
A Maximum Total Floor Area of 300 m² for each single detached residence;
j)
A Total Lot Coverage of 5% for all residential units is permitted.
10.1.5 Non- Residential Accessory Uses
The RC Zone provisions shall apply to buildings and structures used for accessory uses, except where the regulations
of Section.5, General Provisions prescribes regulations for specific accessory buildings or structures.
10.2
SPECIAL EXCEPTION REGULATIONS - RESORT COMMERCIAL (RC)
The regulations contained in Subsection 10.1, General Use Provisions, shall apply to the Special provision Use area
or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection
10.2.
10.2.1
Resort Commercial Exception 2 (RC-2)
RC-2
Part of Lot 24, Concession 10, being Parcel 6356 P.S.S.S., in the geographic Township of Conger, as shown on
Schedule 'A' to this By-law.
10.2.1.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 10 - Resort Commercial (RC) Zone, with the following additional permitted use:
i)
a maximum of 3 trailer and/or tent sites.
10.2.1.2
Zone Standards
The regulations of Section 10.1.2, Zone Standards, shall apply to the uses permitted in the RC-2 Zone.
(Note: Holding removed by By-law Amendment A2076-16)
10.2.2
Resort Commercial Exception 3 (RC-3)
RC-3
Part of Lot 45, Concession 11, being Part of Lot 19 and Lot 20 of Plan M63, Part 1 of Plan 42R-14296, Part 1 of Plan
42R-14301, Parcels 5123, 9731 and 18673 P.S.N.S., in the geographic Township of Harrison, as shown on Schedule
'A' to this By-law.
10.2.2.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 10 - Resort Commercial (RC) Zone, with the following additional permitted use:
ii)
a maximum of 8 trailer and/or tent sites;
iii)
a maximum of one mobile home.
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10.2.2.2
Zone Standards
The regulations of Section 10.1.2, Zone Standards, shall apply to the uses permitted in the RC-3 Zone.
10.2.3
Resort Commercial Exception 4 (RC-4)
RC-4
Part of Lots 33 and 34, Concession 10, being Parcel 5089 P.S.N.S., in the geographic Township of Harrison, as
shown on Schedule 'A' to this By-law.
10.2.3.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 10 - Resort Commercial (RC) Zone, with the following additional permitted use:
i)
a maximum of 30 trailer and/or tent sites.
10.2.3.2
Zone Standards
The regulations of Section 10.1.2, Zone Standards, shall apply to the uses permitted in the RC-4 Zone.
10.2.4
Resort Commercial Exception 5 (RC-5)
RC-5
Part of Lot 27, Concession 5, being Part 1 and part of Part 2 of Plan 42R-6131, Part 4 of Plan 42R-6083, Part 1 of
Plan 42R-8129, Part of Parcel 9855 P.S.N.S., in the geographic Township of Harrison, as shown on Schedule 'A' to
this By-law. (SEE SECTION 6.2.71 - COASTAL/ISLAND RESIDENTIAL EXCEPTION 71 (CR-71-H))
10.2.4.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 10 - Resort Commercial (RC) Zone, with the following additional permitted use:
i)
a maximum of 9 trailer and/or tent sites.
10.2.4.2
Zone Standards
The regulations of Section 10.1.2, Zone Standards, shall apply to the uses permitted in the RC-5 Zone.
10.2.5
Resort Commercial Exception 6 (RC-6)
RC-6
Part of Lot 11, Concession 11, being Part 1 of Plan 42R-14497, designated as Parcel 26601 P.S.S.S., in the
geographic Township of Conger, as shown on Schedule 'A' to this By-law.
10.2.5.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 10 - Resort Commercial (RC) Zone, with the following additional permitted use:
i)
a maximum of 4 rental cottages.
10.2.5.2
Zone Standards
The regulations of Section 10.1.2, Zone Standards, shall apply to the uses permitted in the RC-6 Zone, with the
exception of the following regulations:
i)
the minimum lot size shall be 0.2 hectares;
ii)
the minimum lot frontage shall be 60 metres.
10.2.6
Resort Commercial Exception 7 (RC-7)
RC-7
Part of Lot 41, Concession 4, Part 4 of Plan 42R-3183, being the remainder of Parcel 18563 P.S.S.S., in the
geographic Township of Conger, as shown on Schedule 'A' to this By-law.
10.2.6.1
Permitted Uses, Buildings and Structures
The uses permitted in the RC-7 Zone are limited to the following:
i)
a ten unit motel;
ii)
a restaurant;
iii)
one single detached dwelling;
iv)
accessory buildings and structures.
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10.2.6.2
Zone Standards
The regulations of Section 10.1.2, Zone Standards, shall apply to the uses permitted in the RC-7 Zone, with the
exception of the following site specific regulations:
i)
a maximum lot coverage of 600 m²;
ii)
a maximum height of 10 metres;
iii)
a minimum yard of 10 metres from the inner limit of Part 5 of Plan 42R-3183;
iv)
all other yards are to be a minimum of 3 metres;
v)
a minimum of 15 vehicle parking spaces is to be provided.
10.2.7
Resort Commercial (Holding) Exception 8 (RC/H-8)
RC/H-8
239 South Shore Road, Pointe au Baril, also known as Part Lot 31, Concession 4, being Part 9 of PSR-135 and
Parcel 8506 P.S.N.S., in the geographic Township of Harrison, as shown on Schedule 'A', and more particularly on
Schedule 'B-28' to this By-law.
10.2.7.1
Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 10.1 - Resort Commercial (RC) Zone will be limited to
the following uses:
i)
1 main residence;
ii)
1 boathouse;
iii)
accessory buildings;
iv)
a maximum of 10 housekeeping cottages.
10.2.7.2
Zone Standards
The regulations of Section 10.1.2 - Zone Standards and 10.1.3 - Provisions for Resort Commercial Uses, shall apply
to the uses permitted in the RC/H-8 Zone with the addition of the following regulations:
i)
permitted Total Lot Coverage of 4,200 m² (12,917 ft²);
ii)
the total of 22 bedrooms permitted within the housekeeping cottages.
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Section 11 - Marina/Resort Commercial (MRC) Zone
Within a Marina/Resort Commercial (MRC) Zone, no person shall use any land, or erect, alter or use any building or structure for
or except such purposes and according to such provisions as set out in the following sub-sections.
11.1
General Use Provisions
11.1.1 Permitted Uses
Main Uses:
Marina;
Housekeeping Cabins or rental cottages;
Lodge, motel or hotel.
Secondary Uses:
a dormitory, restaurant, construction equipment storage, contractor's yard, custom workshop, or retail store, all
permitted in conjunction with a marina
Accessory Uses:
Uses, buildings or structures accessory to a Main Use, including but not limited to the following:
A single detached dwelling or a dwelling unit in a commercial building that is occupied by the owner or employee of
one of the main permitted uses.
11.1.2 Zone Standards
a)
Minimum Lot Frontage
100m
b)
Minimum Lot Area
1ha
c)
Maximum Lot Coverage
Total Coverage 20%
(further provisions see 11.1.3)
d)
Minimum Front Yard Setback
7.5 m
e)
Minimum Side Yard Setback
6.0 m
f)
Minimum Rear Yard Setback
5m
g)
Maximum Height
15m
11.1.3 Provisions for Resort Commercial Uses
i)
Expansion limits will be restricted to the following provisions:
a) total number of bedrooms permitted will be up to a maximum of 1 bedroom for each 0.1 ha lot area or 1
bedroom for every 5m of lot frontage;
b) commercial structures may be expanded to a maximum of twice the existing floor area in 1995 up to a
maximum of 20% lot coverage;
c) the maximum total floor area for each cabin shall be 100 metres square;
d) the maximum height for each cabin shall be:
i)
Wards 1 (excluding those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station), 5 and 6
- 9 m; and
ii)
Wards 2, 3, 4 and including those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station
- 6 m.
ii)
Fuel pumps will be located in compliance with Subsection 5.12, 'Fuel Pump Location'.
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11.1.4 Provisions for Residential Uses Permitted in Section 11.1.1
In the case of a single detached dwelling or a dwelling unit in a commercial building the following regulations shall apply:
a) A maximum of two dwelling units may be permitted on one lot for the personal use of the owner, operator or an
employee of the commercial use. The dwelling units may either be a single detached dwelling or a residential unit
within a commercial building;
b) All residential units must be serviced by a private water supply and sewage system;
c) Any residential use permitted in a) above, must be accessory to the main commercial use;
d) The minimum ground floor area of the single detached dwelling shall be 50 m²;
e) The maximum height of the single detached dwelling shall not exceed:
- Wards 1 (excluding those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station), 5 and 6: 9 m
- Wards 2, 3, 4 and including those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station: 6 m.
f)
The minimum front, side, and rear yard for any residential structure or structure containing a residential unit shall be
7.5 metres, 3 metres, and 5 metres, respectively;
g)
Any residential structure or structure containing a residential unit shall not be erected within 3 metres of any other
building on the lot;
h)
A dwelling unit in a non-residential building must have a minimum total floor area of 35 m² up to a maximum total
floor area of 300 m² for each unit;
i)
A Maximum Total Floor Area of 300 m² for each single detached residence;
j)
A Total Lot Coverage of 5% for all residential units is permitted;
k)
A maximum of 10 bedrooms are permitted within a dormitory.
11.1.5 Non- Residential Accessory Uses
The MRC Zone provisions shall apply to buildings and structures used for accessory uses, except where the regulations
of Section 5, General Provisions prescribes regulations for specific accessory buildings or structures.
11.2
SPECIAL EXCEPTION REGULATIONS - MARINA/RESORT COMMERCIAL (MRC)
The regulations contained in Subsection 11.1, General Use Provisions, shall apply to the Special Provision Use area
or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection
11.2.
11.2.1
Marina/Resort Commercial Exception 1 (MRC-1)
MRC-1
Part of Lots 12 and 13, Concession 12, designated as Parcels 11146, 6536 and 21640 P.S.S.S., including Parts 6
and 7 of Plan 42R-4777 and Parts 1, 3, 7 to 18, and remainder of Parts 19 to 21 of Plan 42R-9126, in the geographic
Township of Conger, as shown on Schedule 'A' to this By-law.
11.2.1.1 Permitted Uses, Buildings and Structures
The uses permitted in Section 11 - Marina/Resort Commercial (MRC) Zone, with the following additional
permitted use:
i)
a maximum of 33 trailer and/or tent sites.
11.2.1.2
Zone Standards
The regulations of Section 11.1.2, Zone Standards, shall apply to the uses permitted in the MRC-1 Zone.
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11.2.2
Marina/Resort Commercial Exception 2 (MRC-2)
MRC-2
Part of Lot 41, Concession 4, being the remainder of Part 3 of Plan 42R-3183 and Part 9 of Plan 42R-9062,
remainder of Parcel 18562 P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A' to this By-law.
11.2.2.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 14 - Marina/Resort Commercial (MRC) Zone, with the following additional permitted
use:
i)
a maximum of 29 trailer and/or tent sites.
11.2.2.2
Zone Standards
The regulations of Section 11.1.2, Zone Standards, shall apply to the uses permitted in the MRC-2 Zone.
11.2.3
Marina/Resort Commercial Exception 3 (MRC-3)
MRC-3
Part of Lot 41, Concession 4, being Part 1 of Plan PSR-809, Part 7 of Plan 42R-3183 and Part 10 of Plan 42R-9062,
Parcel 11869 P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A' to this By-law.
11.2.3.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 11 - Marina/Resort Commercial (MRC) Zone, with the following additional permitted
use:
i)
a maximum of 2 trailer and/or tent sites.
11.2.3.2
Zone Standards
The regulations of Section 11.1.2, Zone Standards, shall apply to the uses permitted in the MRC-3 Zone.
11.2.4
Marina/Resort Commercial Exception 4 (MRC-4)
MRC-4
Part of Lot 41, Concession 3, being Part 7 of Plan PSR-16, Part 10 of Plan PSR-65, Part 1 of Plan PSR-102 and Part
7 of Plan 42R-8110, Parcels 11994, 11995, 11030 and 22048 P.S.S.S., in the geographic Township of Conger, as
shown on Schedule 'A' to this By-law.
11.2.4.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 14 - Marina/Resort Commercial (RC) Zone, with the following additional permitted use:
i)
a maximum of 8 trailer and/or tent sites.
11.2.4.2
Zone Standards
The regulations of Section 11.1.2, Zone Standards, shall apply to the uses permitted in the MRC-4 Zone.
11.2.5
Marina/Resort Commercial Exception 5 (MRC-5)
MRC-5
Part of Lot 41, Concession 4, being Part 1 of Plan 42R-5851 and Part 12 of Plan 42R-9062, in the geographic
Township of Conger, as shown on Schedule 'A' to this By-law.
11.2.5.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 11 - Marina/Resort Commercial (MRC) Zone, with the following additional permitted
use:
i)
a maximum of 4 trailer and/or tent sites.
11.2.5.2
Zone Standards
The regulations of Section 11.1.2, Zone Standards, shall apply to the uses permitted in the MRC-5 Zone.
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11.2.6
Marina/Resort Commercial Exception 6 (MRC-6)
MRC-6
Part of Lot 31, Concessions 8 and 9, being Parts 1 to 11 of Plan 42R-9727, Parcel 6299 P.S.N.S., in the geographic
Township of Harrison, as shown on Schedule 'A' to this By-law.
11.2.6.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 11 - Marina/Resort Commercial (MRC) Zone, with the following additional permitted
use:
i)
a maximum of 14 trailer and/or tent sites.
11.2.6.2
Zone Standards
The regulations of Section 11.1.2, Zone Standards, shall apply to the uses permitted in the MRC-6 Zone.
11.2.7
Marina/Resort Commercial Exception 7 (MRC-7)
MRC-7
Part of Lot 11, Concession 6, designated as Parcel 5186 P.S.S.S., in the geographic Township of Shawanaga, as
shown on Schedule 'A' to this By-law.
11.2.7.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 11 - Marina/Resort Commercial (MRC) Zone, with the following additional permitted
use:
i)
a maximum of 30 trailer and/or tent sites.
11.2.7.2
Zone Standards
The regulations of Section 11.1.2, Zone Standards, shall apply to the uses permitted in the MRC-7 Zone.
11.2.8
Marina/Resort Commercial Exception 8 (MRC-8)
MRC-8
Part Island B321 (Fryingpan Island) being Parts 2 & 3 of RP 42R-2593 and Part 4 of RP 42R-10587, Parcel 5698
P.S.S.S, as shown on Schedule 'A' to this By-law.
11.2.8.1
Permitted Uses, Buildings and Structures
The uses, buildings and structures permitted in the MRC-8 Zone are limited to the following:
i)
119 person licensed restaurant;
ii)
accessory uses and storage buildings;
iii)
docking areas.
11.2.8.2
Zone Standards
The regulations of Section 11.1.2, Zone Standards, shall apply to the uses permitted in the MRC-8 zone, except for
the following:
i)
all dock structures shall maintain a six metre side yard setback;
ii)
the total docking shall not exceed 273 lineal metres.
11.2.9
Marina/Resort Commercial Exception 9 (MRC-9)
MRC-9
Part of Island B55, being Part 2 of PSR-2170, in the geographic Township of Conger, as shown on Schedule 'A' to
this By-law.
11.2.9.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 11 - Marina/Resort Commercial Zone (MRC), with the following additional permitted
uses:
i)
Main Uses shall include: construction equipment storage; contractor's yard; custom workshop; light industrial.
11.2.9.2
Zone Standards
The regulations of Section 11.1.3, Zone Standards, and Section 11.1.4, Provisions for Accessory Uses, shall apply to
the uses permitted in the MRC-9 Zone.
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Section 12 - Pointe au Baril Commercial (PBC) Zone
Within a Pointe au Baril Commercial (PBC) Zone, no person shall use any land, or erect, alter or use any building or structure for
or except such purposes and according to such provisions as set out in the following sub-sections.
12.1
General Use Provisions:
12.1.1 Permitted Uses
Main Uses, Buildings and Structures:
Business Office or Professional Office
Medical or Veterinary Clinic
Contractor's Yard or Custom Workshop
Commercial Vehicle Parking
Building Supply Establishment
Retail Store
Laundromat
Restaurant, Tavern or Snack Bar
Service Shop
Equipment sales and rentals
Snowmobile Sales and Service Establishment
Warehouse or Storage Use
Tourist Information Booth
Boat docking, buildings or structures for boat storage, boat and watercraft rentals and sales, or fuel sales
Hotel, motel, housekeeping and rental cottages.
Accessory Uses:
single detached dwelling or dwelling unit in a commercial building that is occupied by the owner or employee of one
of the main permitted uses.
12.1.2 Zone Standards
a)
Minimum Lot Frontage
60 m
b)
Minimum Lot Area
0.4 ha
c)
Maximum Lot Coverage
20%
d)
Minimum Front Yard Setback
7.5 m
e)
Minimum Side Yard Setback
6 m
f)
Minimum Rear Yard Setback
5 m
g)
Maximum Height
15 m
12.1.3 Provisions for Residential Uses
In the case of a single detached dwelling or a dwelling unit in a commercial building the following regulations shall apply:
a) A maximum of two dwelling units may be permitted on one lot for the personal use of the owner, operator or an
employee of the commercial use. The dwelling units may either be a single detached dwelling or a residential unit
within a commercial building;
b) Any residential use permitted in a) above, must be accessory to the main commercial use on the lot;
c) All residential units must be serviced by a private water supply and sewage system;
d) Minimum ground floor area of the single detached dwelling shall be 50 m²;
e) The maximum height of the single detached dwelling shall not exceed 9 metres;
f)
The minimum front yard for the single detached dwelling shall be 7.5 metres;
g) The minimum side yard and rear yard for the single detached dwelling shall be 6 metres;
h) The single detached dwelling shall not be erected within 3 metres of any other building on the lot;
- 97 -
i)
A dwelling unit in a commercial building must have a minimum total floor area of 35 m²;
j)
Maximum of 5% of the Lot Area or a Maximum Total Floor Area of 300 m² for a single detached dwelling, whichever
is the lesser.
12.1.4 Provisions for hotel, motel, housekeeping and rental cottages:
i)
Expansion limits will be restricted to the following provisions:
a) total number of bedrooms permitted will be up to a maximum of 1 bedroom for each 0.1 ha lot area or 1
bedroom for every 5m of lot frontage;
b) commercial structures may be expanded to a maximum of twice the existing floor area in 1995 up to a
maximum of 20% lot coverage;
c) the maximum total floor area for each cabin shall be 100 metres square;
d) the maximum height for each cabin shall be:
i) Wards 1 (excluding those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station), 5 and 6
- 9 m; and
ii)
Wards 2, 3, 4 and including those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station
- 6 m.
ii)
Fuel pumps will be located in compliance with Subsection 5.12, 'Fuel Pump Location'.
12.1.5 Non-Residential Accessory Uses
The PBC Zone provisions shall apply to buildings and structures used for accessory uses, except where the regulations
of Section 5, General Provisions prescribes regulations for specific accessory buildings or structures.
12.2
SPECIAL EXCEPTION REGULATIONS - POINTE au BARIL COMMERCIAL (PBC)
The regulations contained in Subsection 12.1, General Use Provisions, shall apply to the Special Provision Use area
or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection
12.2.
12.2.1
Pointe au Baril Commercial Exception 1 (PBC-1)
PBC-1
Part of Lot 28, Concession 5, being Lot 13 of Plan M-602, designated as Parcel 18491 P.S.N.S., in the geographic
Township of Harrison, as shown on Schedule 'A' to this By-law.
12.2.1.1
Permitted Uses
Uses permitted for lands zoned PBC-1 are limited to the following:
i)
boat storage.
12.2.1.2
Zone Standards
The regulations of Section 12.1.2, Zone Standards, shall apply to the uses permitted in the PBC-1 Zone, with the
exception of the following site specific provision:
i)
any area used for boat storage shall be set back a minimum distance of 30 metres from the front lot line and 10
metres from the rear and side lot lines.
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12.2.2
Pointe au Baril Commercial Exception 2 (PBC-2)
PBC-2
Part of Lot 25, Concession 4, being Parcel 3747 PSNS, in the geographic Township of Harrison, as shown on
Schedule 'A' to this By-law.
12.2.2.1
Permitted Uses, Buildings and Structures
Uses permitted for lands zoned PBC-2 are limited to the following:
i)
Business Office or Professional Office
ii)
Contractor's Yard or Custom Workshop
iii)
Commercial Vehicle Parking
iv)
Retail Store
v)
Restaurant, Tavern or Snack Bar
vi)
Service Shop
vii)
Equipment sales and rentals
viii) Snowmobile Sales and Service Establishment
ix)
Warehouse or Storage Use
x)
Tourist Information Booth
xi)
Boat docking, buildings or structures for boat storage, boat and watercraft rentals and sales, or
fuel sales.
12.2.2.2
Zone Standards
The regulations of Section 12.1.2, Zone Standards, shall apply to the uses permitted in the PBC-2 Zone,
with the exception of the following site specific regulations:
i)
The minimum lot frontage shall be 30 metres.
ii)
The minimum lot area shall be 0.2 hectares.
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Section 13 - General Employment Commercial (EC) Zone
Within a General Employment Commercial (EC) Zone, no person shall use any land, or erect, alter or use any building or
structure for or except such purposes and according to such provisions as set out in the following sub-sections.
13.1
General Use Provisions:
13.1.1 Permitted Uses
Main Uses:
Light Industrial Use
Medical or veterinary clinic
Professional Office or Business Office
Contractors Yard or Custom Workshop
Equipment Sales and Rentals
Commercial Vehicle Parking
Building Supply Establishment
A Financial Institution or Bank
Retail Store
Snowmobile Sales and Service Establishment
Warehouse or Storage Use
Motor Vehicle Gasoline Bar or Service Station
Tavern
Restaurant
Drive Through Restaurant
Boat docking, buildings or structures for boat storage, boat and watercraft rentals and sales, or fuel sales.
Accessory Uses:
One single detached dwelling or one dwelling unit in a non-residential building that is occupied by the owner or
employee of one of the main permitted uses.
13.1.2 Zone Standards
a)
Minimum Lot Frontage
100 m
b)
Minimum Lot Area
0.4 ha
c)
Maximum Lot Coverage
20%
d)
Minimum Front Yard Setback
7.5 m
e)
Minimum Side Yard Setback
6.0 m
f)
Minimum Rear Yard Setback
5 m
g)
Maximum Height
15 m
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13.1.3 Provisions for Residential Uses
In the case of a single detached dwelling or a dwelling unit the following regulations shall apply:
a) A maximum of two dwelling units may be permitted on one lot for the personal use of the owner, operator or an
employee of the commercial use. The dwelling units may either be a single detached dwelling or a residential unit
within a commercial building;
b) Any residential use permitted in a) above, must be accessory to the main commercial use on the lot;
c) All residential units must be serviced by a private water supply and sewage system;
d) Minimum ground floor area of the single detached dwelling shall be 50 m²;
e) The maximum height of the single detached dwelling shall not exceed:
- Wards 1 (excluding those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station), 5 and 6: 9 m
- Wards 2, 3, 4 and including those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station: 6 m;
f)
The minimum front yard for the single detached dwelling shall be 7.5 metres;
g) The minimum side yard and rear yard for the single detached dwelling shall be 6 metres;
h) The single detached dwelling shall not be erected within 3 metres of any other building on the lot;
i)
A dwelling unit in a commercial building must have a minimum total floor area of 35 m²;
j)
Maximum of 5% of the Lot Area or a Maximum Total Floor Area of 300 m² for a single detached dwelling, whichever
is the lesser.
13.1.4 Non-Residential Accessory Uses
The EC Zone provisions shall apply to buildings and structures used for accessory uses, except where Section 5,
General Provisions prescribes regulations for specific accessory buildings or structures.
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Section 14 - Contractor Commercial (CC) Zone
Within a Contractor Commercial (CC) Zone, no person shall use any land, or erect, alter or use any building or structure for or
except such purposes and according to such provisions as set out in the following sub-sections.
14.1
General Use Provisions:
14.1.1 Permitted Uses
Main Uses:
Contractor's yard
Boat docking, buildings or structures for boat storage, boat and watercraft rentals and sales, or fuel sales.
Accessory Uses:
Uses, buildings or structures accessory to a Main Use, including but not limited to the following:
One single detached dwelling or one dwelling unit in a non-residential building that is occupied by the owner or
employee of one of the main permitted uses.
Accessory docking facilities.
14.1.2 Zone Standards
a)
Minimum Lot Frontage
30 m
b)
Minimum Lot Area
0.5 ha
c)
Maximum Lot Coverage
20%
d)
Minimum Front Yard Setback
See 14.1.4 a)
e)
Minimum Side Yard Setback
See 14.1.4 b)
f)
Minimum Rear Yard Setback
5 m
g)
Maximum Height
15 m
14.1.3 Non-Residential Accessory Uses
The CC Zone provisions shall apply to buildings and structures used for accessory uses, except where Section 5,
General Provisions prescribes regulations for specific accessory buildings or structures.
14.1.4 Provisions for Contractor Commercial Uses
a) The minimum front yard setback shall be as follows:
i)
Buildings or structures that do not exceed 6 metres shall be subject to a 7.5 metre minimum front yard setback;
ii)
Buildings or structures that are more than 6 metres but less than 9 metres in height shall have a minimum front
yard setback of 9 metres;
iii) Buildings or structures that are more than 9 metres in height shall have a minimum front yard setback of 12
metres.
b)
The minimum side yard setback shall be as follows:
i)
Buildings or structures that do not exceed 6 metres shall be subject to a 3 metre minimum side yard setback;
ii)
Buildings or structures that are more than 6 metres but less than 9 metres in height shall have a minimum side
yard setback of 6 metres;
iii) Buildings or structures that are more than 9 metres in height shall have a minimum side yard setback of 9
metres.
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14.1.5 Provisions for Residential Uses Permitted in Section 14.1.1
In the case of a single detached dwelling or a dwelling unit the following regulations shall apply:
a) A maximum of one dwelling unit may be permitted on a lot;
b) Any residential use permitted in Section 14.1.1, must be accessory to the main commercial use on the lot;
c) Minimum ground floor area of the detached dwelling shall be 50 m²;
d) The maximum height of the single detached dwelling shall not exceed:
- Wards 1 (excluding those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station), 5 and 6: 9 m;
- Wards 2, 3 4 and including those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station: 6 m;
e) The minimum front, side, and rear yard for the single detached dwelling shall be 7.5 metres, 3 metres, and 6 metres,
respectively;
f)
The single detached dwelling shall not be erected within 3 metres of any other building on the lot;
g) A dwelling unit in a non-residential building must have a minimum total floor area of 35 m²;
h) Maximum of 5% of the Lot Area or a Maximum Total Floor Area of 300 m² for a single detached dwelling, whichever
is the lesser.
14.2
SPECIAL EXCEPTION REGULATIONS - CONTRACTOR COMMERCIAL (CC)
The regulations contained in Subsection 14.1, General Use Provisions, shall apply to the Special
provision Use area or areas defined below, except as otherwise specifically provided in the Special Use
Regulations in this Subsection 14.2
14.2.1
Contractor Commercial Exception 1 (CC-1)
CC-1
Part of Lot 43, Concession 10, designated as Parcel 5727 P.S.N.S., in the geographic Township of Harrison, as
shown on Schedule 'A' to this By-law.
14.2.1.1
Uses Permitted
The uses permitted in Section 14 - Contractor Commercial (CC) Zone.
14.2.1.2
Zone Standards
The regulations of Section 14.1.2, Zone Standards, shall apply to the uses permitted in the CC-1 Zone, with the
exception of the following site specific regulation:
i)
a total lot coverage of 1,020 m² is permitted.
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Section 15 - Private Club (PC) Zone
Within a Private Club Commercial (PC) Zone, no person shall use any land, or erect, alter or use any building or structure for or
except such purposes and according to such provisions as set out in the following sub-sections.
15.1
General Use Provisions:
15.1.1 Permitted Uses
Main Uses:
The following uses for members of the private club and guests:
A retail store
A dining hall
A lodge
A private recreational facility
A private club recreational facility
Boat docking, buildings or structures for boat storage, boat and watercraft rentals and sales, or fuel sales.
Accessory Uses:
Buildings, structures and uses accessory to a Main Use including but not limited to the following:
One single detached dwelling or one dwelling unit in a non-residential building that is occupied by the owner or
employee of one of the main permitted uses.
15.1.2 Zone Standards
a)
Minimum Lot Frontage
100 m
b)
Minimum Lot Area
2 ha
c)
Maximum Lot Coverage
20%
d)
Minimum Front Yard Setback
7.5 m
e)
Minimum Side Yard Setback
6 m
f)
Minimum Rear Yard Setback
6 m
g)
Maximum Building Height (Main)
15 m
h)
Maximum Building Height (Accessory)
6 m
15.1.3 Provisions for Private Club Uses
The minimum side yard setback shall be increased to 6 metres where an adjoining lot is used for residential purposes or
zoned in a Residential Zone.
15.1.4 Provisions for Residential Uses permitted in Section 15.1.1:
In the case of a single detached dwelling or a dwelling unit the following regulations shall apply:
a) A maximum of one dwelling unit may be permitted on a lot;
b) Any residential use permitted in Section 15.1.1, must be accessory to the main private club use on the property;
c) Minimum ground floor area of the detached dwelling shall be 50 m²;
d) The maximum height of the single detached dwelling shall not exceed:
- Wards 1 (excluding those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station), 5 and 6:
9 m;
- Wards 2, 3 4 and including those lands fronting Sturgeon Bay that are outside of Pointe au Baril Station: 6 m;
e) The minimum front, side and rear yard for the single detached dwelling shall be 7.5 metres, 3 metres, and 6
metres, respectively;
f)
The single detached dwelling shall not be erected within 3 metres of any other building on the lot;
g) A dwelling unit in a non-residential building must have a minimum total floor area of 35 m²;
h) Maximum of 5% of Total Ground Floor Area to a Maximum Total Floor Area of 300 m² for a single detached
dwelling.
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15.2
SPECIAL EXCEPTION REGULATIONS - PRIVATE CLUB (PC)
The regulations contained in Subsection 15.1, General Use Provisions, shall apply to the Special Provision Use area
or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection
15.2.
15.2.1
Private Club Exception 1 (PC-1)
PC-1
Island B601 (Good Cheer Island), in front of the geographic Township of Cowper, as shown on Schedule 'A' to this
By-law.
15.2.1.1
Permitted Uses
Uses permitted for lands zoned PC-1 are limited to the following:
i)
eight single detached dwellings;
ii)
accessory buildings and structures associated with each of the dwelling units.
15.2.1.2
Zone Standards
The regulations of Section 15.1.2, Zone Standards, shall apply to the uses permitted in the PC-1 Zone, with the
exception of the following site specific provisions:
i)
any relocated dwelling unit shall be a minimum of 50 metres from any other dwelling unit;
ii)
the maximum total lot coverage shall not exceed 3,000 m²;
iii)
the maximum ground floor area of any one dwelling unit shall not exceed 275 m².
15.2.2
Private Club Exception 2 (PC-2)
PC-2
Island B17, designated as Parcel 2777 P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A' to
this By-law.
15.2.2.1
Permitted Uses, Buildings and Structures
Uses permitted for lands zoned PC-2 are limited to the following:
i)
four single detached dwellings;
ii)
accessory buildings and structures associated with each of the dwelling units.
15.2.2.2
Zone Standards
The regulations of Section 15.1.2, Zone Standards, shall apply to the uses permitted in the PC-2 Zone, with the
exception of the following site specific provisions:
i)
the maximum total lot coverage shall not exceed 558 m².
15.2.3
Private Club Exception 3 (PC-3)
PC-3
Island B18, designated as Parcel 2111 P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A' to
this By-law.
15.2.3.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 15 - Private Club (PC) Zone.
15.2.3.2
Zone Standards
The regulations of Section 15.1.2, Zone Standards, shall apply to the uses permitted in the PC-3 Zone, with the
exception of the following site specific provisions:
i)
the maximum total lot coverage shall not exceed 25%.
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15.2.4
Private Club Exception 4 (PC-4)
PC-4
Lots 52, 53, 54 and 55, Concession 1, in the geographic Township of Conger, as shown on Schedule 'A' to this By-
law.
15.2.4.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 15 - Private Club (PC) Zone
15.2.4.2
Zone Standards
The regulations of Section 15.1.2, Zone Standards, shall apply to the uses permitted in the PC-4 Zone, with the
exception of the following site specific provisions:
i)
buildings and structures are permitted to be located within the required 3 metre setback from all areas zoned
Environmentally Sensitive (ES), subject to approval from the Ministry of Natural Resources.
15.2.5
Private Club Exception 5 (PC-5)
PC-5
Part of the Crown lake bed between Lot 56, Concession 2 and Island B17, in the geographic Township of Conger, as
shown on Schedule 'A', and more particularly on Schedule 'B-23' to this By-law.
15.2.5.1
Permitted Uses, Buildings and Structures
Uses permitted for lands zoned PC-5 are limited to the following:
i)
a pedestrian walkway connecting Part of Lot 56, Concession 2 and Island B17, in the geographic
Township of Conger, as shown on Schedule 'B-23' to this By-law.
15.2.5.2
Zone Standards
The regulations of Section 15.1.2, Zone Standards, shall apply to the uses permitted in the PC-5 Zone.
15.2.6
Private Club Exception 6 (PC-6)
PC-6
Ojibway Club, Ojibway Island
15.2.6.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 15 - Private Club (PC) Zone in addition to the following:
Main Uses:
an assembly hall;
meeting rooms;
tennis courts;
a restaurant;
a pavilion or gazebo;
rental cottages;
boat storage, boat and watercraft rentals
Accessory Uses:
Office unit for staff;
Laundromat;
Staff dormitory;
Single detached residence or a dwelling unit in a non-residential building that is occupied by the
owner or employee of the main permitted use
15.2.6.2
Zone Standards
The regulations of Section 15.1.2, Zone Standards, shall apply to the uses permitted in the (PC-6) Zone,
with the exception of the following:
i.
A maximum of 8 tennis courts are permitted for the facility;
ii.
Two retail stores are permitted for the facility
- 106 -
15.2.6.3
Provisions for Residential Uses permitted in Section 15.1.1:
In the case of a single detached dwelling or a dwelling unit the following regulations shall apply:
a) A maximum of two dwelling units may be permitted on a lot
b) A maximum of 8 residential rental units are permitted on property zoned (PC-6);
c) Any residential use permitted in Section 15.1.1, must be accessory to the main community facility
use on the property;
d) Minimum ground floor area of the detached dwelling shall be 50 m²;
e) The maximum height of the single detached dwelling shall not exceed 6 metres;
f)
The minimum front, side and rear yard for the single detached dwelling shall be 7.5 metres, 3
metres, and 6 metres, respectively;
g) The single detached dwelling shall not be erected within 3 metres of any other building on the lot;
h) A dwelling unit in a non-residential building must have a minimum total floor area of 35 m²;
i)
Maximum of 5% of Total Ground Floor Area to a Maximum Total Floor Area of 300 m² for a single
detached dwelling.
15.2.7
Private Club Exception 7 (PC-7)
PC-7
Parcel 25835 P.S.S.S. located in Lots 32 and 33, Concession 9, in the geographic Township of Conger, as shown on
Schedule 'A' and more particularly on Schedule 'B-33' to this By-law.
15.2.7.1
Permitted Uses, Buildings and Structures
Uses permitted for lands zoned PC-7 are limited to the following:
Main Use:
a wilderness camp
Those buildings and structures permitted for lands zoned PC-7 shall be limited to the following:
one dining lodge
one residence lodge
five accessory storage sheds
four non-habitable accessory tent structures
four tent sites containing a total of 16 habitable tent structures
one dock
one bridge
one staff bunkhouse
one laundry/shower house
two single detached dwellings
one dwelling within the existing accessory storage building and porch addition
15.2.7.2
Zone Standards
The regulations of 'Section 15.1.2 - Zone Standards', 'Section 15.1.3 - Provisions for Private Club Uses' and 'Section
15.1.4 - Provisions for Residential Uses' permitted in Section 15.1.1, shall apply to the uses permitted in the PC-7
Zone, with the exception of the following site specific regulations:
i)
the dining lodge shall not exceed a maximum of 2 storeys with a maximum total floor area of 440 m²;
ii)
the residence lodge shall not exceed a maximum of 2 storeys with a maximum ground floor area of 119 m²;
iii)
the five accessory storage sheds shall be restricted to:
two not exceeding two storeys in height with a maximum ground floor area of 9 m² each;
one not exceeding one storey in height with a maximum ground floor area of 35 m²;
one not exceeding one storey in height with a maximum ground floor area of 19 m²;
one not exceeding one storey in height with a maximum ground floor area of 540 m²;
- 107 -
iv)
tent site requirements:
maximum number of tent sites, in the locations depicted on Schedule 'B-33': 4
maximum tent site area: 0.4 ha
maximum number of habitable tent structures per tent site: 4
maximum total floor area of each habitable tent structure: 26.75 m²
maximum number of non-habitable accessory tent structures per tent site: 1
maximum total floor area of each non-habitable accessory tent structure: 47.5 m²
v)
one docking envelope will be permitted;
vi)
no temporary tents or trailers or other structures used for sleeping accommodation will be permitted on the
subject property zoned, except the tent structures as permitted herein;
vii)
the maximum length of the bridge shall not exceed 40 metres and the maximum useable deck space within the
hand railings of the bridge shall not exceed 1.68 metres in width;
viii)
the bridge is not to be used by conventional passenger vehicles;
ix)
the staff bunkhouse shall not exceed 458 m² in size;
x)
the laundry/shower house shall not exceed 112 m² in size;
xi)
the two single detached dwellings shall be restricted to:
one 140 m² dwelling,
one 157 m² dwelling;
xii)
the one dwelling within the existing accessory storage building shall not exceed 112 m² as a
second storey addition within the existing 540 m² accessory storage building, with the addition of a
porch for a total floor area of 682 m².
15.2.7.3
Definitions
For the purpose of 'Section 15.2.7 - Private Club Exception 7 (PC-7)', the following definitions shall apply:
Wilderness Camp
A wilderness camp is defined as a recreational program based on activities and challenges associated with a
wilderness experience. The setting is rustic with only temporary or minor, accessory structures used for the
wilderness camp. The camping activities are to be isolated in a wooded and natural environment. Learning about the
environment and wilderness experiences through low-impact recreational functions is the key, fundamental role of a
wilderness camp.
Tent Site
An area designated for a maximum of four habitable tent structures and includes an accessory non-habitable tent
structure. The tent site is the only area on the subject property that campers, associated with the wilderness camp,
may erect their tent structures.
Habitable Tent Structure
A structure made out of wood with a roof, a knee wall and a floor for the sleeping accommodation of campers. The
structure is to be open-walled. The maximum ground floor area for a tent structure is 26.75 m² (290 ft²).
Non-habitable Accessory Tent Structure
A structure containing a roof and a knee wall but without a floor. The accessory structure is to accommodate cooking
facilities, dining area, and storage associated with each tent site.
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Section 16 - Natural State (NS) Zone
Within a Natural State (NS) Zone, no person shall use any land, or erect, alter or use any building or structure for or except such
purposes and according to such provisions as set out in the following sub-sections.
16.1
General Use Provisions:
16.1.1 Permitted Uses
Main Uses:
Uses existing at the date of passing of this by-law
Passive recreational use
Accessory Uses:
Accessory Uses existing at the date of passing of this by-law
16.1.2 Permitted Buildings and Structures
As existing at the date of incorporation of the Township of The Archipelago.
16.1.3 Zone Standards
As existing at the date of incorporation of the Township of The Archipelago.
16.1.4 Provisions for Residential Uses
a) An existing single detached dwelling, including accessory buildings and structures, as existing at the date of
incorporation of the Township of The Archipelago is permitted to continue to be used for residential purposes;
b) No new buildings or structures or enlargements or expansions of existing buildings or structures, either horizontally
or vertically are permitted in the NS Zone. The restriction on expansions to structures also applies to docks and
decks.
16.1.5 Provisions for Passive Recreation Uses
No new building or structure or enlargements or expansions of existing buildings or structures, either horizontally or
vertically are permitted for passive recreation uses in the NS Zone. The restriction on expansions or enlargements of
structures also applies to decks and docks.
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Section 17 - Natural State Conservation (NSC) Zone
Within a Natural State Conservation (NSC) Zone, no person shall use any land, or erect, alter or use any building or structure for
or except such purposes and according to such provisions as set out in the following sub-sections.
17.1
General Use Provisions:
17.1.1 Permitted Uses:
Long term conservation of land in its natural state, excluding main or accessory buildings and structures or additions
thereto.
Section 18 - Environmentally Sensitive (ES) Zone
Within an Environmentally Sensitive (ES) Zone, no person shall use any land, or erect, alter or use any building or structure for or
except such purposes and according to such provisions as set out in the following sub-sections.
18.1
General Use Provisions:
18.1.1 Permitted Uses
Uses connected with the conservation of water, soil, wildlife and other natural resources.
Passive recreational uses
Flood and erosion/sediment control structures
Existing buildings, structures and uses
Docks and a Boathouse/Boatport as provided by the provisions of Section 5.
18.1.2 Zone Standards
a) Buildings and structures of any kind including but not limited to extensions or enlargements to existing buildings or
structures, observation platforms are prohibited within the ES Zone. Flood, erosion or sedimentation control
structures may only be permitted with the approval of the Ministry of Natural Resources and the Department of
Oceans and Fisheries Canada.
Section 19 - Environmentally Sensitive One (ES1) Zone
Within an Environmentally Sensitive One (ES1) Zone, no person shall use any land, or erect, alter or use any building or
structure for or except such purposes and according to such provisions as set out in the following sub-sections.
19.1
General Use Provisions:
19.1.1 Permitted Uses
Uses connected with the conservation of water, soil, wildlife and other natural resources.
Passive recreational uses
Flood and erosion/sediment control structures
Existing buildings, structures and uses
Docks and a Boathouse/Boatport as provided by the provisions of Section 5.
19.1.2 Zone Standards
Buildings and structures of any kind including but not limited to extensions or enlargements to existing buildings or
structures, observation platforms, are prohibited within the ES1 Zone. Flood, erosion or sedimentation control
structures may only be permitted with the approval of the Ministry of Natural Resources and the Department of Oceans
and Fisheries Canada.
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Section 20 - Environmentally Sensitive Two (ES2) Zone
Within an Environmentally Sensitive Two (ES2) Zone, no person shall use any land, or erect, alter or use any building or
structure for or except such purposes and according to such provisions as set out in the following sub-sections.
20.1
General Use Provisions:
20.1.1 Permitted Uses
Uses connected with the conservation of water, soil, wildlife and other natural resources.
Passive recreational uses
Flood and erosion/sediment control structures
Existing buildings, structures and uses
20.1.2 Zone Standards
Buildings and structures of any kind including but not limited to extensions or enlargements to existing buildings or
structures, observation platforms, portable or floating docks, boathouses or boatports are prohibited within the ES2
Zone. Flood, erosion or sedimentation control structures may only be permitted with the approval of the Ministry of
Natural Resources and the Department of Oceans and Fisheries Canada.
20.2
Special Exception Regulations - Environmentally Sensitive Two (ES2)
The regulations contained in Section 20.1, General Use Provisions, shall apply to the Special Provision Use area or
areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 20.2.
20.2.1 Environmentally Sensitive Two Exception 1 (ES2-1) ES2-1
Lot 7 on Plan M-658, in the geographic Township of Shawanaga
20.2.1 Permitted Uses
Those uses, buildings and structure permitted under Section 20 - Environmentally Sensitive Two (ES2), with the
following additional permitted uses:
i)
two elevated boardwalks;
ii)
a dock and/or boathouse.
20.2.2 Zone Standards
The regulations of Section 20.1.2, Zone Standards, shall apply to the uses permitted in the ES2-1 Zone, with the
exception of the following site specific regulations:
i)
the maximum width of the elevated boardwalks shall not exceed 2 metres;
ii)
non-permitted buildings and structures may be erected without a setback from the ES2-1 Zone, provided the
buildings or structures or any part thereof does not encroach into the ES2-1 Zone.
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Section 21 - Existing Use (EU) Zone
Within an Existing Use (EU) Zone, no person shall use any land, or erect, alter or use any building or structure for or except such
purposes and according to such provisions as set out in the following sub-sections.
21.1
General Use Provisions:
21.1.1 Permitted Uses
Main Uses
Uses existing at the date of passing of this by-law
Accessory Uses
Accessory uses to the permitted uses existing at the date of passing of this by-law
21.1.2 Permitted Buildings and Structures
Buildings and structures existing at the date of passing of this By-law.
21.1.3 Zone Standards
As existing at the date of passing of this By-law.
21.1.4 Provisions for Residential Uses
a) Existing single detached dwelling, as existing at the date of passing of this By-law, is permitted to continue to be
used for residential purposes;
b) No new buildings or structures or expansions to existing buildings or structures, either horizontally or vertically are
permitted in the (EU) Zone. The restriction on expansions to structures also applies to docks and decks.
21.2
SPECIAL EXCEPTION REGULATIONS - EXISTING USE (EU)
The regulations contained in Subsection 21.1, General Use Provisions, shall apply to the Special Provision Use area
or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection
21.2.
21.2.1
Existing Use Exception 1 (EU-1)
EU-1
Part of Lot 44, Concession 10, described as Bayfield Boathouse Lot No. 9, in the geographic Township of Harrison,
as shown on Schedule 'A' to this By-law
21.2.1.1
Permitted Uses, Buildings and Structures
Buildings and structures permitted for lands zoned EU-1 are limited to the following:
i)
a boathouse.
21.2.2
Zone Standards
The regulations of Section 21.1.3, Zone Provisions, shall apply to the uses permitted in the EU-1 Zone, with the
exception of the following site specific regulations:
i)
the minimum side yard shall be 0.5 metres;
ii)
the boathouse shall be restricted to one storey and shall be permitted a maximum height of 6 m.
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21.2.2
Existing Use Exception 2 (EU-2)
EU-2
-
Part of Lot 44, Concession 10, described as Bayfield Boathouse Lot No. 14, in the geographic Township of
Harrison, as shown on Schedule 'A' to this By-law;
-
Part of Lots 44 and 45, Concession 10, described as Bayfield Boathouse Lot No. 15, in the geographic Township
of Harrison, as shown on Schedule 'A' to this By-law;
-
Part of Lot 44 and 45, Concession 10, described as Bayfield Boathouse Lot No. 16, in the geographic Township
of Harrison, as shown on Schedule 'A' to this By-law.
21.2.2.1
Permitted Uses
Buildings and structures permitted for lands zoned EU-2 are limited to the following:
i)
one boathouse;
ii)
one dock;
21.2.2.2
Zone Standards
The regulations of Section 21.1.3, Zone Provisions, shall apply to the uses permitted in the EU-2 Zone, with the
exception of the following site specific regulations:
i)
the minimum side yard shall be 0.5 metres;
ii)
the boathouse shall be restricted to one storey and shall be permitted a maximum height of 6 m.
21.2.3
Existing Use Exception 3 (EU-3)
EU-3
Part of Lot 25, Concession 10, being Part 14 of PSR-900, in the geographic Township of Conger, as shown on
Schedule 'A' to this By-law
21.2.3.1
Permitted Uses
Buildings and structures permitted for lands zoned EU-3 are limited to the following:
i)
one 4.9 metre (16 foot) dock;
ii)
a parking area.
21.2.3.2
Zone Standards
The regulations of Section 21.1.3, Zone Standards, shall apply to the uses permitted in the EU-3 Zone.
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Section 22 - Community Facility (CF) Zone
Within a Community Facility (CF) Zone, no person shall use any land, or erect, alter or use any building or structure for or except
such purposes and according to such provisions as set out in the following sub-sections.
22.1
General Use Provisions:
22.1.1 Permitted Uses
Main Uses:
Assembly hall
Chamber of commerce
Institutional use
Passive recreation use
Public access point
Private access point
Public dock, pier or wharf
Public parking area
Public recreational facility
Public toilet
Public tennis court
Tourist information booth
Skating rink
Nursery school
Public park
Cemetery
Tennis courts
Accessory Uses:
Buildings, structures and uses accessory to a permitted use.
22.1.2 Zone Standards
a)
Minimum Lot Frontage
50 m
b)
Minimum Lot Area
2000 m²
c)
Maximum Lot Coverage
40 %
d)
Minimum Front Yard Setback
7.5 m
e)
Minimum Side Yard Setback
3 m
f)
Minimum Rear Yard Setback
5 m
g)
Maximum Height
15 m
- 114 -
22.2
SPECIAL EXCEPTION REGULATIONS - COMMUNITY FACILITY (CF)
The regulations contained in Section 22.1, General Use Provisions, shall apply to the Special Provision Use area or
areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection
22.2.
22.2.1
Community Facility Exception 1 (CF-1)
CF-1
Part of Lots 25 and 26, Concession 10, being Parts 17 and 20 of PSR-883 and Part 17 of Plan PSR-900, designated
as Parcels 18276, 18278 and 18279 P.S.S.S., in the geographic Township of Conger, as shown on Schedule 'A'
attached to this By-law.
22.2.1.1
Permitted, Buildings and Structures
The uses permitted in Section 22 - Community Facility (CF) Zone are limited to the following:
i)
a private access point including a vehicle parking area;
ii)
boat launching facilities;
iii)
docks;
iv)
accessory buildings and structures.
22.2.1.2
Zone Standards
The regulations of section 22.1.2, Zone Standards, shall apply to the uses permitted in the CF-1 Zone.
22.2.2
Community Facility Exception 2 (CF-2)
CF-2
Sans Souci Copperhead and Association Community Centre and Sans Soucci Tennis Club, Frying Pan Island.
22.2.2.1
Permitted Uses, Buildings and Structures
The uses permitted in Section 22 - Community Facility (CF) Zone in addition to the following:
Main Uses:
a retail store;
a dining hall;
meeting rooms;
a restaurant;
a pavilion or gazebo;
boat storage;
public recreational facility;
tennis courts.
Accessory Uses:
Office unit for the caretaker;
Single detached residence or a dwelling unit in a non-residential building that is occupied by the owner or
employee of the main permitted uses.
- 115 -
22.2.2.2
Zone Standards
The regulations of section 22.1.2, Zone Standards, shall apply to the uses permitted in the CF-2 Zone,
with the exception of the following:
A maximum of 8 tennis courts are permitted for the facility
22.2.2.3
Provisions for Residential Uses permitted in Section 22.2.2:
In the case of a single detached dwelling or a dwelling unit the following regulations shall apply:
a) A maximum of two dwelling units may be permitted on a lot;
b) Any residential use permitted in Section 15.1.1, must be accessory to the main community facility use on the
property;
c) Minimum ground floor area of the detached dwelling shall be 50 m²;
d) The maximum height of the single detached dwelling shall not exceed 6 metres;
e) The minimum front, side and rear yard for the single detached dwelling shall be 7.5 metres, 3 metres, and 6
metres, respectively;
f)
The single detached dwelling shall not be erected within 3 metres of any other building on the lot;
g) A dwelling unit in a non-residential building must have a minimum total floor area of 35 m²;
h) Maximum of 5% of Total Ground Floor Area to a Maximum Total Floor Area of 300 m² for a single detached
dwelling.
a)
Minimum Lot Frontage
100 m
b)
Minimum Lot Area
2 ha
c)
Maximum Lot Coverage
20%
d)
Minimum Front Yard Setback
7.5 m
e)
Minimum Side Yard Setback
6 m
f)
Minimum Rear Yard Setback
6 m
g)
Maximum Building Height (Main)
15 m
h)
Maximum Building Height (Accessory)
6 m
- 116 -
22.2.3
Community Facility Exception 3 (CF-3)
___ CF-3
Parts 9 and 10 on Plan PSR-1516, in the geographic Township of Shawanaga, as shown on Schedule "A" attached to
this By-law.
22.2.3.1
Permitted Uses, Buildings and Structures
Those uses permitted in Section 22 - Community Facility (CF) Zone are limited to the following:
Main Uses:
assembly hall;
passive recreational use;
public parking area;
public recreational facility;
public toilet;
public tennis court;
skating rink;
public park.
Accessory Uses:
buildings, structures and uses accessory to a permitted use.
22.2.3.2
Zone Standards
The regulations of section 22.1.2, Zone Standards, shall apply to the uses permitted in the CF-3 Zone, with the
exception of the following site specific regulation:
the maximum lot coverage shall not exceed 350 m²
Section 23 - Pit and Quarry (PQ) Zone
Within a Pit and Quarry (PQ) Zone, no person shall use any land, or erect, alter or use any building or structure for or except
such purposes and according to such provisions as set out in the following sub-sections.
23.1
General Use Provisions:
23.1.1 Permitted Uses
Main Uses:
Sand and gravel pit or rock quarry extraction operation, not including an asphalt plant, portable or otherwise
Storage yard for heavy equipment used in connection with a sand and gravel pit or rock quarry extraction operation.
Accessory Uses:
Buildings, structures and uses accessory to a permitted use.
23.1.2 Zone Standards
a)
Minimum Lot Area
2 h
b)
Minimum Lot Frontage
150 m
c)
Minimum Front Yard Setback
50 m from roads and 120 m from a waterbody
d)
Minimum Side Yard Setback
30 m
e)
Minimum Rear Yard Setback
30 m
f)
Maximum Height - Main Building
10 m
g)
Maximum Height - Accessory Building
5 m
- 117 -
Section 24 - Waste Disposal (WD) Zone
Within a Waste Disposal (WD) Zone, no person shall use any land, or erect, alter or use any building or structure for or except
such purposes and according to such provisions as set out in the following sub-sections.
24.1
General Use Provisions:
24.1.1 Permitted Uses
Main Uses:
A waste disposal site for collection, sorting, processing, recycling, composting or disposal.
A transfer station
Accessory Uses:
Buildings, structures and uses accessory to a permitted use.
24.1.2 Zone Standards
a)
Minimum Lot Frontage
100 m
b)
Minimum Lot Area
1 ha
c)
Minimum Front Yard Setback
100 m
d)
Minimum Side Yard Setback
60 m
e)
Minimum Rear Yard Setback
60 m
f)
Maximum Height
12 m
24.1.3 Provisions
a) A waste disposal site must be setback from a waterbody by a minimum of 500 metres;
b) No waste disposal site shall be located within 340 metres of a dwelling unit located on a separate lot.
- 118 -
Section 25 - Enactment
Schedules "A-1" and "A-2" inclusive; Schedules "B1" through to and including "B26"; Schedule "C" and
Schedule "D" and all other notations thereon are hereby declared to form part of this By-law.
This By-law shall come into force and take effect upon being passed by Council subject to any approval
necessary pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended.
In accordance with Subsection 34(17) of the Planning Act, R.S.O. 1990, c.P. 13 and having modified Draft
Comprehensive Zoning By-law A2000-07 after the public meeting and the publicly circulated document, Council
has determined that no further notice is to be given in respect of the Draft By-law, Comprehensive Zoning By-
law A2000-07 was READ and FINALLY PASSED IN OPEN COUNCIL this 22nd day of June, 2007.
Peter Ketchum, Reeve
Stephen P. Kaegi, Clerk
119
Schedule 'B'
120
121
122
123
124
125
126
127
SCHEDULE 'B-17' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 36 (CR/D-36)
128
129
130
131
132
SCHEDULE 'B-28' OF BY-LAW A2000-07
RESORT COMMERCIAL/HOLDING EXCEPTION 8 (RC/H-8)
133
SCHEDULE 'B-29' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 62 (CR/D-62)
62
134
SCHEDULE 'B-30' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL/DIVIDED/HOLDING-1 EXCEPTION 57 (CR/D-57/H-1)
135
SCHEDULE 'B-31' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 58 (CR/D-58)
136
SCHEDULE 'B-32' OF BY-LAW A2000-07
GENERAL RESIDENTIAL EXCEPTION 5 (GR-5)
137
SCHEDULE 'B-33' OF BY-LAW A2000-07
PRIVATE CLUB EXCEPTION 7 (PC-7)
138
SCHEDULE 'B-34' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL EXCEPTION 67 (CR-67)
139
SCHEDULE 'B-35' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 70 (CR/D-70)
140
SCHEDULE 'B-36' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 72 (CR/D-72)
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 73 (CR/D-73)
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 75 (CR/D-75)
141
SCHEDULE 'B-37' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL EXCEPTION 71 (CR-71)
142
SCHEDULE 'B-38' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL EXCEPTION 74 (CR-74)
143
SCHEDULE 'B-39' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 54/HOLDING 1, 2 and 3
(CR/D-54/H-1, H-2 and H-3)
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 55/HOLDING 1 (CR/D-55/H-1)
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 56/HOLDING 1 (CR/D-56/H-1
144
SCHEDULE 'B-40' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL EXCEPTION 78 (CR-78)
145
SCHEDULE 'B-41' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL/DIVIDED EXCEPTION 80 (CR/D-80)
146
SCHEDULE 'B-42' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL EXCEPTION 81 (CR/D-81)
147
SCHEDULE 'B-43' OF BY-LAW A2000-07
MARINA COMMERCIAL EXCEPTION 3 (MC-3)
148
SCHEDULE 'B-44' OF BY-LAW A2000-07
MARINA COMMERCIAL EXCEPTION 3 (MC-3)
149
SCHEDULE 'B-45' OF BY-LAW A2000-07
COASTAL/ISLAND RESIDENTIAL/DIVIDED - EXCEPTION 90 (CR/D-90)
150
Schedule 'C'
151
Schedule 'D'
152
153
Ward 1: includes all of the lands encompassed within an area commencing at the intersection of the northerly boundary of the
Township of The Archipelago and the centre line of the road allowance between Lots 40 and 41 in Concession 14 of
the geographic township of Harrison;
Thence southerly along the centre line of the said road allowance to the southerly limit of Concession 6 in the
geographic township of Harrison;
Thence easterly along that southerly limit to the centre line of the road allowance between Lots 35 and 36 in the said
geographic township of Harrison;
Thence southerly along the centre line of the said road allowance to Georgian Bay;
Thence southeasterly following the middle of the waters east of Barclay Island and north of Ozone Island, Oliver
Island and Hearts Content to the centre line of the road allowance between Concessions 2 and 3 of the geographic
township of Harrison;
Thence easterly along the centre line of the said road allowance to the centre line of the Canadian Pacific Railway;
Thence southerly along that centre line of the said Railway to the northerly limit of the Shawanaga Indian Reserve No.
17;
Thence easterly following the said northerly limit to the easterly limit of the said Indian Reserve;
Thence southerly along the easterly limit of the said Indian Reserve to the northeasterly limit of the King's Highway
Number 69;
Thence North 69 08' 22" East 3 miles to the easterly boundary of the geographic township of Shawanaga;
Thence northerly along the easterly boundaries of the Township of The Archipelago to its northeasterly angle;
Thence westerly along the centerline of the road allowance between Concessions 10 and 11 to the easterly limit of
Lot 25;
Thence northerly to the easterly boundary of the north portion of the Township of The Archipelago;
Thence westerly along the northerly boundary of the Township of The Archipelago to the point of commencement, as
identified on Schedule 'D' attached hereto.
Ward 2: includes all of the lands and waters encompassed within the area commencing at the intersection of the northerly
boundary of the Township of The Archipelago and the centre line of the road allowance between Lots 40 and 41 in
Concession 14 of the geographic township of Harrison;
Thence southerly along the centre line of the said road allowance to the southerly limit of Concession 6 in the
geographic township of Harrison;
Thence westerly along that southerly limit to the high water mark of LeBlanc Bay;
Thence southwesterly along the northerly high water mark of LeBlanc Bay and Georgian Bay to Nares Point;
Thence south 6908'20" west to the westerly boundary of the Township of The Archipelago in the middle of Georgian
Bay;
Thence northerly along the said westerly boundary to the most northwesterly point of the Township of The
Archipelago;
Thence easterly along the northerly boundary of the Township of The Archipelago to the point of commencement, as
identified on Schedule 'D' attached hereto.
154
Ward 3: includes all of the lands and waters encompassed within the area commencing at the intersection of the southerly limit
of Concession 6 and
the centre line of the road allowance between Lots 35 and 36 in the geographic township
of Harrison;
Thence westerly along the southerly limit of the said Concession 6 to the high water mark of LeBlanc Bay;
Thence southwesterly along the northerly high water mark of LeBlanc Bay and Georgian Bay to Nares Point;
Thence South 6908'20" West to the westerly boundary of the north portion of the Township of The Archipelago in the
middle of Georgian Bay;
Thence southerly along the said westerly boundary of the said township to the southerly boundary of the north portion
of the Township of The Archipelago;
Thence easterly along the southerly boundary of the north portion of the Township of The Archipelago to the easterly
boundary of the north portion of the Township of The Archipelago;
Thence northerly along the easterly boundary of the said Township to the southerly boundary of the Shawanaga
Indian Reserve Number 17;
Thence northerly following the boundaries between the said township and Indian Reserve to the centre line of the
Canadian Pacific Railway;
Thence northerly along the said centre line of Railway to the centre line of the road allowance between Concessions
2 and 3 of the geographic township of Harrison;
Thence westerly along the centre line of the said road allowance to the high water mark of Georgian Bay;
Thence northwesterly following the middle of the waters north of Hearts Content, Oliver Island and Ozone Island and
east of Barclay Island to the intersection of the high water mark of Georgian Bay and the centre line of the road
allowance between Lots 35 and 36 in the geographic township of Harrison;
Thence northerly along the centre line of the said road allowance to the point of commencement;
Saving and excepting thereout and therefrom the lands lying within the Naiscoutaing Indian Reserve Number 17B, as
identified on Schedule 'D' attached hereto.
Ward 4: includes all of the lands and waters encompassed within the area commencing at the boundary intersection of the
southerly boundary of the geographic township of Conger and the southerly prolongation of the westerly limit of Lot 38
in the geographic township of Conger;
Thence northerly to and along the westerly limit of Lot 38 in Concessions 1, 2, 3 and 4 in the geographic township of
Conger to the centre line of the road allowance between Concessions 4 and 5;
Thence easterly along the centre line of the said road allowance to the centre line of the road allowance between Lots
35 and 36 in the geographic township of Conger;
Thence northerly along the centre line of the said road allowance to the easterly boundary of the south portion of the
Township of The Archipelago;
Thence northerly along the easterly boundary of the south portion of the Township of The Archipelago to the northerly
boundary of the south portion of the Township of The Archipelago;
Thence westerly along the northerly boundary of the south portion of the Township of The Archipelago to the westerly
boundary of the said township in the middle of Georgian Bay;
Thence southerly along the westerly boundary of the south portion of the Township of The Archipelago to the
southerly boundary of the said township;
Thence easterly along the southerly boundary of the Township of The Archipelago to the point of commencement;
Saving and excepting thereout and therefrom the lands lying within the Parry Island Indian Reserve Number 16, as
identified on Schedule 'D' attached hereto.
155
Ward 5: includes all of the lands and waters encompassed within the area commencing at the intersection of the northerly
boundary of the geographic township of Conger and the centre line of the road allowance between Lots 35 and 36 in
the said township;
Thence southerly along the centre line of the said road allowance to the centre line of the road allowance between
Concessions 6 and 7 of the geographic township of Conger;
Thence easterly along the centre line of the said road allowance to the northerly prolongation of the westerly limit of
Lot 22 in Concession 6 of the said township;
Thence southerly to and along the westerly limit of Lot 22 to the southerly limit of Concession 6 of the said township;
Thence easterly along the southerly limit of Concession 6 of the said township to the easterly limit of Lot 10 in the said
Concession;
Thence northerly along the easterly limit of Lot 10 in Concessions 6 to 12, both inclusive, to the northerly boundary of
the geographic township of Conger;
Thence westerly along the northerly boundary of the said geographic township of Conger to the point of
commencement, as identified on Schedule 'D' attached hereto.
Ward 6: includes all of the lands and waters encompassed within the area commencing at the intersection of the southerly
boundary of the geographic township of Conger and the southerly prolongation of the westerly limit of Lot 38 in
Concession 1 of the said geographic township of Conger;
Thence northerly to and along the westerly limit of Lot 38 in Concessions 1, 2, 3 and 4 to the centre line of the road
allowance between Concessions 4 and 5;
Thence easterly along the centre line of the said road allowance to the centre line of the road allowance between Lots
35 and 36 in the said township;
Thence northerly along the centre line of the said road allowance to the centre line of the road allowance between
Concessions 6 and 7 of the said township;
Thence easterly along the centre line of the said road allowance to the northerly prolongation of the westerly limit of
Lot 22 in Concession 6 of the said township;
Thence southerly to and along the westerly limit of Lot 22 to the southerly limit of Concession 6;
Thence easterly along the southerly limit of Concession 6 to the easterly limit of Lot 10 in Concession 6;
Thence southerly along the easterly limit of Lot 10 in Concessions 5 and 4 to the northerly limit of Concession 3;
Thence easterly along the northerly limit of Concession 3 to the easterly limit of Lot 5 in Concession 3;
Thence southerly along the easterly limit of Lot 5 in Concessions 3 and 2 to the southerly limit of Concession 2 of the
said geographic township of Conger;
Thence easterly along the southerly limit of Concession 2 to the northwesterly limit of King's Highway Number 612;
Thence southwesterly along the northwesterly limit of the said King's Highway to the southerly boundary of the
Township of The Archipelago;
Thence westerly along the southerly boundary of the Township of The Archipelago to the point of commencement, as
identified on Schedule 'D' attached hereto."
156
APPENDIX I - Metric Conversions
DISTANCE
metric
imperial
1 m
3.2 ft
3 m
9.8 ft
5 m
16.4 ft
6 m
19.7 ft
7.5 m
24.6 ft
9 m
29.5 ft
10 m
32.8 ft
12 m
39.3 ft
15 m
49.2 ft
20 m
65.6 ft
25 m
82.0 ft
50 m
164.0 ft
100 m
328.1 ft
AREA
metric
imperial
10 m2
107.6 ft2
20 m2
215.3 ft2
40 m2
430.5 ft2
50 m2
538.2 ft2
100 m2
1076.4 ft2
150 m2
1614.6 ft2
1800 m2
19,375.6 ft2
4047 m2
1.0 acre
16187 m2
4.0 acre
32374 m2
8.0 acre
1 ha
2.5 acre
5 ha
12.4 acre