Zoning By-law Housekeeping Amendments

Section 3.1.1. General

Remove Section 3.1.1 (c.iv)

• “Sewage systems which shall be set back a minimum of 30 metres from a wetland or the high water mark of a water body.  All other setbacks for a sewage system shall be in accordance with the Ontario Building Code.”

Add the following provision:

• “Unless otherwise specified in this By-law, no accessory use, building or structure shall be erected closer than 7 metres to any Township Road.” 

BOATHOUSES

• Add the following provisions to Boathouses:
  • “A maximum of one (1) boathouse is permitted on each lot.”
  • “Boathouses shall not be permitted to include any plumbing or contain other accessory uses including a sauna.”
•  Removethe following list of At Capacity Lakes:
  • “At capacity lake trout lakes include Reid Lake (Boundary Lake), Lucky Lake, Mackie Lake, Camp Lake (Little Mackie), Big Ohlmann Lake (Rock Lake), Mosque Lake, Kishkebus Lake, Shabomeka Lake (Buck Lake), Little Green Lake, Buckshot Lake, Round Schooner Lake.  Lake trout lakes not at capacity include Brule Lake, Mazinaw Lake, and Palmerston.  At capacity lake, not identified as a lake trout lake include Mississagagon Lake.”

DOCKS

NOTE: Provisions regarding permits for docks from Conservation Authorities will be moved to the top of Section 3.1.2

• Add the following provision to Docks:
  • “A maximum of one (1) dock is permitted on each lot.”

WATERFRONT STRUCTURES 

• Current provision regarding Waterfront Structures:
  • “Waterfront structures which are unattached to a main building shall not exceed a combined horizontal surface area of more than 20 square metres for all structures within the 30metre setback from the high-water mark.”
• Proposed provision regarding Waterfront Structures:
  • Waterfront structures which are unattached to a main building shall not exceed a combined footprint of more than 20 square metres for all structures within the 30metre setback from the high-water mark. 
• Add the following provision to Waterfront Structures:
  • A storage structure for non-motorized crafts with an area not exceeding 5 square metres shall be permitted with a minimum of 3 metres of waterbody setback 

MARINE STORAGE SHEDS

• Add provisions regarding Marine Storage Sheds:
  • A maximum of one (1) marine storage shed shall be permitted on each lot
  • A marine storage shed shall not be permitted on a lot which a boathouse is located.
  • The maximum footprint of a marine storage shed shall be 15 square metres.
  • The maximum height of a marine storage shed shall be 2 metres, and limited to a single storey.
  • A marine storage shed shall have a minimum waterbody setback of 15 metres.
  • A marine storage shed is not permitted to have any habitable space.

Current provision regarding Sleep Cabins/Loft-Above-A-Garage:

• “A sleep cabin or a loft-above-a-garage shall have a minimum area of 10 metre square and shall not exceed 19 metre square in net floor area.”

Proposed provision regarding Sleep Cabins/Loft-Above-A-Garage:

• A sleep cabin or a loft-above-a-garage shall have a minimum footprint of 10 square metres and shall not exceed 19 square metres in footprint;

Current provision regarding Sleep Cabins/Loft-Above-A-Garage:

• “A sleep cabin or a loft-above-a-garage may be equipped with a toilet and sink only, provided the sewage system is approved by Public Health and the structure is outside of the 30 metre setback. A sleep cabin/loft-above-a-garage shall not have any kitchen facilities provided.”

Proposed provision regarding Sleep Cabins/Loft-Above-A-Garage:

• “A sleep cabin or a loft-above-a-garage may be equipped with a toilet and sink only, provided the associated sewage system is approved by the designated septic approval authority and the sleep cabin or loft-above-a-garage is located outside of the 30 metre waterbody setback. A sleep cabin/loft-above-a-garage shall not have any kitchen facilities.”

The following provisions are proposed:

“Notwithstanding any other provision of this By-law, all sewage systems shall be subject to the following provisions:

1. A Class 1 sewage system (privy) shall be setback a minimum of 15 metres from the high-water mark of all waterbodies/ watercourses/ wetlands. This minimum setback shall only apply where it is not possible to meet the 30 metre waterbody setback.
2. All sewage systems other than a Class 1 sewage system shall be setback a minimum of 30 metres from the high-water mark of all wetlands/ waterbodies/ watercourses.
3. All other setbacks for a sewage system shall be in accordance with the Ontario Building Code.
4. A sewage system is permitted to be located in the front yard where the front yard is on a Township Road or private lane.
5. A sewage system is permitted on a vacant lot, provided that the sewage system meets all setback provisions of this zoning by-law, the provisions of the Ontario Building Code, and has a permit issued by the designated septic approval authority.
6. An existing holding tank may be replaced in the same location with an increase in footprint and/or volume, if required.”

Current provisions regarding Frontage and Access:

No person shall erect any building or structure in any Zone unless the lot upon which such building or structure is to be erected has frontage on and direct access to a public street, a private lane, a Township Road Allowance (subject to an Agreement) or right-of- way/easement as per the requirements of the respective Zone within which the lot is situated. 

Notwithstanding the foregoing, for any permitted use on an island or water access lot, no parking is required on the principal lot provided that a public or private access point and adequate parking is available on the main land. This requirement shall not apply to an existing water access lot; however, it shall be required as part of the creation of any new water access lot.  The arrangement for parking and access if using a private access point shall be secured through a legal agreement registered on title. Parking spaces shall be in accordance with Section 3.32:

1. Ministry of Transportation
   • All development adjacent to any Provincial Highway is subject to the requirements and permits of the Ministry of Transportation.
2. Township Roads 
   • All development adjacent to a Township Road is subject to the requirements and permits of the Entrance By-law.
3. Private Lane
   • All development adjacent to a Private Lane is subject to the “Private Lane Policies” contained in the Township of North Frontenac Official Plan.

Proposed provisions regarding Frontage and Access:

1. Water Access Lots

1. Notwithstanding the foregoing, this provision shall not apply to any permitted use on an island or water access lot. For island or water access lots no parking is required on the principal lot provided that adequate vehicular parking area and boat launching facilities are provided on the mainland.
2. The requirements below for mainland parking area and boat launching facilities access shall not apply to an existing island or water access lot; however, the creation of any new water access lot shall be in accordance with the following provisions:
   1. A minimum of two parking spaces shall be required for each dwelling unit, in accordance with Sections 3.31 and 3.32 of this By-law.
   2. Legal use of mainland parking area and boat launching facilities shall be tied in perpetuity (legal agreement registered on title) to the water access lot(s) for which the building permit is sought.
   3. The mainland area used for parking and boat launching facilities shall have sufficient size for parking and sufficient water frontage for boat launching on the same lot.
   4. The parking area shall be setback a minimum of 15 metres from the high-water mark.

1. Provincial Highways
   • All development adjacent to any Provincial Highway is subject to the requirements and permits of the Ministry of Transportation.
2. Township Roads
   • Lots which have frontage along a public street shall be required to obtain an entrance permit and civic address number subject to the requirements of the Entrance By-law and Civic Addressing By-law.
3. Private Lanes/Rights-of-Way/Easements
   • All newly created lots that will be accessed by a private lane/right-of-way/easement shall be subject to the Private Lane Policies contained in the Township of North Frontenac Official Plan.  

Current provision regarding Garden Suites:

• “The maximum net floor area of the garden suite is 50 metres square.”

Proposed provision regarding Garden Suites:

• “The maximum footprint of the garden suite shall be 50 square metres.”

Current provision regarding Garden Suites:

• “A garden suite shall not be permitted on an at capacity lake.”

Proposed provision regarding Garden Suites:

• “A garden suite shall not be permitted on a waterfront lot.”

Remove the following provision:

• Notwithstanding any other provisions in the By-law, no building or structure, or sewage tank installation including the weeping tile field, shall be located within 15 metres from the top of bank of any embankment, the slope of which is greater than 30% from horizontal. A reduction in this setback shall only be considered through an application for minor variance or Zoning By-law amendment, and shall be supported by an appropriate assessment of the slope by a qualified professional. 

Remove provisions from Zoning By-law as these are now included in the Township’s Animal Control By-law.

Current provision regarding Renovation, Repair or Reconstruction of an Existing Non-Complying/Non-Conforming Building or Structure:

• “Nothing in this By-law shall prevent the renovation, repair or reconstruction of an existing non-complying/non-conforming building or structure including a sewage system provided such renovation, repair or reconstruction does not Expand, enlarge or increase the height, size or volume of the original non-complying building or structure or sewage system.”

Proposed provision regarding Renovation, Repair or Reconstruction of an Existing Non-Complying/Non-Conforming Building or Structure:

• “Nothing in this By-law shall prevent the renovation, repair or reconstruction of an existing non-complying/non-conforming building or structure including a sewage system provided such renovation, repair or reconstruction does not Expand, enlarge or increase the height, size, volume, footprint or gross floor area of the original non-complying building or structure or sewage system.”

Add the following provision to Renovation, Repair or Reconstruction of an Existing Non-Complying/Non-Conforming Building or Structure:

• “An increase in volume of an existing non-complying/non-conforming building or structure due to the replacement and/or addition of windows (e.g., dormer windows, bay windows) is permitted without planning approvals provided the addition of these windows does not have the effect of increasing the gross floor area of the building or structure.”

Remove the following provision regarding Existing Undersized Lots:

• “Has an absolute minimum lot area of 0.2 hectares.”