Delete the word setback in these instances. Delete part of section that reads: and applies to all lands within the Town of Bracebridge.

Transcription

1 Various Sections The term principle is used in a various The term principle should be replaced Change reflects proper terminology sections with the term principal Various Sections Section 1.1 Title The following terms are used in various sections: Minimum front yard setback Minimum interior side yard setback Minimum exterior side yard setback Minimum rear yard setback Current section reads: This By-law may be referred to as the Bracebridge Zoning By-Law and applies to all lands within the Town of Bracebridge. Delete the word setback in these instances Delete part of section that reads: and applies to all lands within the Town of Bracebridge. yard setback is not the property terminology as the setback is from the lot line and that setback establishes the yard. This part of the section should be in a new section called Application Section 1.2 Application Section ) Compliance with By-law No current section on Application Currently no sections on uses not listed or conflict in provisions Create new section 1.2 to read: The provisions of this By-law shall apply to all lands within the boundaries of the Town of Bracebridge Where a Zone on the Schedules abuts a waterway or original shore road allowance, such Zone shall be deemed to extend to the high water mark. Added new subsections and to read: Uses not listed as permitted or otherwise provided for in this Bylaw shall be prohibited. First part of this section carried forward old wording from Section 1.1 As how mapping is now produced difficult to zone OSRA. This ensures that the zoning of the abutting property extends to the OSRA to prevent the need for a rezoning when an OSRA is stopped up and closed. Recommend changes to provided clarification that uses not listed are not permitted and how to address any conflicting provisions (i.e. front yard setback vs setback from the water) In the event of any inconsistency or conflict between two or more provisions in this By-law, the more restrictive provision shall prevail. Page 1

2 Section ) Repeal Former By-law Current section reads: Change section to read: By-law and By-law 71-9 of the By-law of the Town of Town of Bracebridge and all amendments Bracebridge and all amendments are are repealed. repealed. Updated to reflect that the current by-law Section ) Transition Section ) Transition Current subsection reads: Despite the provisions of Sections 1.3, where a use, building or structure has been authorized by By-Laws , and or a minor variance granted after September 17, 1997, the use, building or structure and all other specific requirements imposed by these By-laws, once in full force and effect, or the minor variance, are also permitted and imposed by this By-Law. Where there is a conflict between this Bylaw and the provisions of the by-laws that have not been repealed, the provisions of By-laws , and , shall prevail once the applicable bylaw is in full force and effect. Currently first occurrence of Agreement is capitalized Change subsection to read: Despite the provisions of Sections 1.4, where a use, building or structure has been authorized by a minor variance granted after September 17, 1997, the use, building or structure and all other specific requirements imposed by the minor variance, are also permitted and imposed by this By-Law. No capitalization on first occurrence of Agreement Reference to subsection 1.3 has been updated to reflect change in numbering in this section Reference to By-laws , and are no longer needed as they have been incorporated into the new by-law. Provide consistent grammar in this section Page 2

3 Section 1.8 Determining Zone Boundaries Section 1.9 Split Zoning Currently this section is under Section 2 Establishment of Zones (Section 2.4) and reads: Where the boundary of any Zone is uncertain and: i) the boundary is shown as following a street, lane, railway right-of-way or watercourse, the centre line of the street, lane, railway right-of-way, electric transmission line right-of-way or watercourse is the boundary; ii) the boundary is shown as substantially following lot lines shown on a registered plan of subdivision, the lot lines are the boundary; iii) the boundary is shown as running substantially parallel to a street line and the distance from the street line is not indicated, the boundary is deemed to be parallel to such street line and the distance from the street line is determined according to the scale shown on the Schedule; and iv) where none of the above provisions apply, the Zone boundary will be scaled from the Schedule(s). No current section on Split Zoning Move this section to Section 1.8 Change subsection ii) to read: the boundary is shown as substantially following lot lines, the lot lines are the boundary; Insert new subsection iv) to read: where the boundary represents a natural feature, such as a wetland, the extent of the boundary will be determined on site by the Town; and Insert a new Section 1.8 to read: SPLIT ZONING Where a lot contains more than one zone, the provisions are based on the whole of the lot unless otherwise indicated in this By-law. This section should be moved to the interpretation section as it indicates how the zone boundaries should be interpreted Provides clarification to lots not on a Plan of Subdivision and allows web mapping to be adjusted where there is a shift in parcel fabric Allows flexible to determine the extent of the boundary in the field as opposed to requiring a planning application. Change to provide clarity that lot area, frontage, setbacks, etc are taken based on the dimension of the entire lot and not on the areas of the individual zones. Page 3

4 Section Establishment of Zones Currently three Shoreline Residential Insert the following additional Shoreline (SR) Zones being: Zones being: SR1 Standard Shoreline Zone Shoreline Residential Type 4 SR2 Lots on Over Threshold (SR4) Lots on Narrow Lake or Lake Trout Lake at Watercourse Capacity Shoreline Residential Type 5 SR3 Lot on Any Narrow (SR5) Water Access only lots Waterbody Waterfront Landing (WL) Lots used for Waterfront Landings Section Establishment of Zones Currently only one Tourist Commercial (CT) Zone Insert three Tourist Commercial Zones being: Tourist Commercial One (CT1) Tourist Commercial Two (CT2) Tourist Commercial Three (CT3) Recommend dividing Lots fronting on Narrow Waterbodies into two zones, being SR3 and SR4, for lots fronting on a narrow waterbody (Bay) and lots fronting on a narrow watercourse (i.e. river) Recommend a new SR5 Zone for water access only lots except for lots that front on Lake Muskoka to ensure these lots aren t developed without property frontage Recommend a Waterfront Landing (WL) Zone as OP permits Waterfront Landings in Waterfront Area allows standards to be set. Recommend the use of three Tourist Commercial Zones to place Campgrounds and Marinas in their own zones. Section Establishment of Zones Section Establishment of Zones Section Establishment of Zones Currently only one Extractive Industrial (M3) Zone Currently no Rural Institutional Zone Divide Extractive Industrial (M3) Zone into two zones, one for Pits only (M3P) and one for Pits and Quarries (M3Q) Insert a new Rural Institutional Zone (RUI) and change symbol of Rural Industrial Zone to RUM Recommend dividing Extractive Industrial (M3) Zone into two zones, one for Pits only (M3P) and one for Pits and Quarries (M3Q) as they have different impacts on neighbouring uses Recommend creating a Rural Institutional Zone for community facilities in the rural area Currently only EP1 and EP2 Create a EPW1 Zone Recommend creating an EPW1 Zone and applying it to all non-provincially Significant wetlands. Official Plan requires a minimum setback of 30 metres from all non-provincially Significant Wetlands Page 4

5 Section Currently only EP1 and EP2 Change EP2 Zone to EPW2 Recommend creating an EPW2 Zone and Establishment of applying it to all Provincially Significant Zones wetlands. Official Plan requires a minimum setback of 120 metres from all non-provincially Significant Wetlands Section Zones Section Zones Section Zones Section Residential Zones Permitted Uses Section Residential Zones Permitted Uses Section Residential Zones Permitted Uses Currently Residential Zones includes Shoreline Residential Zones Currently no section for Tourist Commercial Zones Current Section 3.8 (now Section 3.10) called Environmental Zones Current table contains SR1, SR2 and SR3 Zones Permitted uses include Seasonal Dwelling and Sleeping Cabin Current Notation (*4) and (*5) refer to only to SR1, SR2 and SR3 Zones Insert in the Zone column Shoreline Zones after Residential Zones and number this Section 3.3 Renumber all subsequent sections Insert in the Zone column Tourist Commercial Zones after Commercial Zones and number this Section 3.5 Renumber all subsequent sections Change to Environmental Protection Zones Delete SR1, SR2 and SR3 columns as they will be contained in new Shoreline Zones Section 3.3 Delete the permitted uses Seasonal Dwelling and Sleeping Cabin Delete Notation (*4) and (*5) and renumber remaining notations Renumber current Notation (*6) to (*4) Recommend new section for Shoreline Zones as number of Shoreline Zones has expanded and uses/provisions differ from Urban Residential Zones Recommend the use of three Tourist Commercial Zones to place Campgrounds and Marinas in their own zones. Recommend change to be consistent with remainder of document. Recommend new section for Shoreline Zones as number of Shoreline Zones has expanded and uses/provisions differ from Urban Residential Zones Uses only permitted in SR1, SR2 and SR3 Zones. Uses to be moved to Section Notation (*4) and (*5) refer to only uses in SR1, SR2 and SR3 Zones. Notation to be moved to section Page 5

6 Section and Residential Zones Permitted Uses Currently the keeping of laying hens is not permitted except as an Agricultural Use or Hobby Farm Section Residential Zones Standards for Detached Dwellings Current introduction section reads: Residential Zone Standards for Detached Dwellings and Seasonal Dwellings. In Section insert Hens, Backyard with notation (*5) as a permitted use and permit in the R1 Zone In Section insert a new notation (*5) to read: Backyard Hens are permitted provided the following: i) The keeping of Backyard Hens is accessory to a principal dwelling located on the same lot as the Backyard Hens; ii) iii) iv) The lot has a minimum lot area of 0.2 hectares; The hens are kept in a screened or walled rodent and predator proofed building that is located in a rear yard with a minimum setback of 6.0 metres from any lot line and a minimum high water mark setback of 30 metres from any navigable waterway; and The hens must be maintained in accordance with good animal husbandry practices as defined by the Ministry of Food And Agriculture. Delete and Seasonal Dwellings Requests have been received to include this use accessory to residential uses. The proposed standards have been used in other municipalities such as Huntsville. The minimum lot size would permit approximately 34% (+/- 900 lots) of all R1 zone lots to have backyard hens Seasonal dwelling are only permitted in SR1, SR2 and SR3 Zones and those standards have been moved from this section to Section Page 6

7 Section Residential Zones Standards for Detached Dwellings Section Residential Zones Standards for Detached Current section includes zone standards Deleted columns for SR1, SR2 and SR3 for SR1, SR2 and SR3 Zones Zones Dwellings Section Residential Zones Standards for Detached Dwellings Section Residential Zones Standards for Detached Dwellings Current notation (*3) reads: The minimum lot area and lot frontage requirements of a lot in the Shoreline Residential Two (SR2) Zone are the dimensions of that lot existing on the date of passage of this By-law. Current notation (*4) reads: The minimum front yard setback in the Shoreline Residential Type One (SR1) Zone is 7.5 metres if the front lot line abuts a street. Current notation (*5) (now notation *3) reads: The minimum interior side yard setback is 4.5 metres for any Non-Residential use. Delete notation (*3) and renumber remaining notations Delete notation (*4) and renumber remaining notations Change to read: The minimum interior side yard is 4.5 metres for any Non-Residential use. All other zone standards in Section shall apply to any Non-Residential. SR1, SR2 and SR3 Zones standards are moved to Section SR2 Zones standards are moved to Section This notation is now under (*1) SR2 Zones standards are moved to Section This notation is now under (*2) Change to provide clarification as to what zone standards should apply to nonresidential uses (i.e. public uses and site specific uses) Page 7

8 Section 3.3 Shoreline Zones Currently Shoreline Zones located in Section 3.2 Residential Zones Section Shoreline Zones Section Shoreline Zones Currently the SR1 and SR2 Zones permits the following uses 3.2.1): Detached Dwelling Seasonal Dwelling Sleeping Cabin Bed & Breakfast Home Occupation Currently the SR3 Zone permits the following uses 3.2.1): Detached Dwelling Seasonal Dwelling Sleeping Cabin Bed & Breakfast Home Occupation Insert a new Section 3.3 with a SR1, SR2, SR3, SR4, SR5 and WL Zone SR1 is for standard shoreline zone SR2 is for lot on Over Threshold or Lake Trout Lake at Capacity SR3 is for lot on Narrow Water on Waterbody SR4 is for lot on Narrow Water on Watercourse SR5 is for water access only lot on river WL is for Waterfront Landings Carry forward the same uses into Section Carry forward the same uses into Section with the exception of Bed & Breakfast Recommend dividing Lots fronting on Narrow Waterbodies into two zones, being SR3 and SR4, for lots fronting on a narrow waterbody (Bay) and lots fronting on a narrow watercourse (i.e. river) Recommend a new SR5 Zone for water access only lots on the Muskoka River to ensure these lots aren t developed without property frontage Recommend a Waterfront Landing (WL) Zone as OP permits Waterfront Landings in Waterfront Area allows standards to be set. Recommend carrying forward the same permitted uses for the SR1 and SR2 Zones. Recommend carrying forward the same permitted uses for the SR3 Zone with the exception of Bed & Breakfast. The lots on this zone are located on narrow waterbodies (i.e. bays on the lake) and the increase uses by occupants of a Bed & Breakfast could create impacts on neighbouring properties. Page 8

9 Section Shoreline Zones Currently no SR4 and SR5 Zones Permit the following uses in the SR4 and SR5 Zones Detached Dwelling Seasonal Dwelling Sleeping Cabin Home Occupation Section Shoreline Zones Section Shoreline Zones Permitted Uses Currently no WL Zone Current Notation (*5) in Section reads: A sleeping cabin is permitted as an accessory use only. Only one sleeping cabin not exceeding 23 m 2 in gross floor area, may be erected as an accessory use provided it is not located within the front yard, a required rear yard or a required side yard. Permit the following use in the WL Zone: Waterfront Landing Insert Notation (*1) to read: A sleeping cabin is permitted subject to the following: i) The use is accessory to a detached dwelling or seasonal dwelling on the same lot; ii) A maximum of one sleeping cabin is permitted, which may be located on the lot or in a boathouse extending from or adjacent to the lot; iii) A sleeping cabin cannot exceeding a gross floor area of 37 m 2, which includes porches; iv)a sleeping cabin is permitted in a boathouse located over water, a detached garage or as a separate detached accessory building; v) A sleeping cabin is not permitted in the front yard but may be located in a boathouse projecting from the front yard over water; and vi)any deck attached to a sleeping cabin cannot exceed a floor area of 50% of the gross floor area of the sleeping cabin. Recommend permitting the same uses at the SR3 Zone. The lots in these zone are located either fronting on narrow watercourses or are water access only and staff do not feel that Bed and Breakfast is an appropriate use on these lots. Recommend a Waterfront Landing (WL) Zone as OP permits Waterfront Landings Recommend permitting sleeping cabins in boathouses. Increase in size reflects maximum size of the second storey of a boathouse. Page 9

10 Section Shoreline Zones Permitted Uses Current Notation (*4) in Section Insert Notation (*2) to read: reads: A Bed and Breakfast is permitted subject A Bed and Breakfast is only to the following: permitted in a detached dwelling. i) The use must be located in a Current Notation (*4) in Section detached dwelling or seasonal reads: dwelling; A Bed and Breakfast is only ii) The use is only permitted on a lot permitted on a lot having a minimum meeting the minimum lot frontage lot frontage of 60 metres and a and minimum lot area for the zone minimum lot area of 0.4 hectares. in which it is located; and Section Shoreline Zones Permitted Uses Current Notation (*2) in Section reads: A Home Occupation is only permitted in a detached dwelling, semi-detached dwelling or duplex dwelling. iii) The use is only permitted if the detached dwelling or seasonal dwelling in which it is located complies with all the zone standards for the zone in which it is located. Insert Notation (*3) to read: A Home Occupation is only permitted subject to the provisions in Section Recommend requiring the Bed and Breakfast to be located within complying buildings on complying lots. Recommend link to section that contains all Home Occupation provisions. Page 10

11 Section Shoreline Zone Standards Current SR1 Zone standards in Section Carry forward all SR1 Zone standards are as follows: with the exception of: Lot Area 0.4 ha The non-residential setback as it Lot Frontage 60 m the same as residential setback Front Yard Setback 20 m (with Change lot coverage to (*3) (see notation for lots not directly Section ) fronting on water) Additional Zone Standards - see Exterior Side Yard Setback 7.5 notation (*4) in Section m Interior Side Yard Setback 4.5 m Rear Yard Setback 7.5 m Lot Coverage 15% Minimum Dwelling Size 60 m 2 Maximum Height 9 m Minimum Setback from Centerline of Road: o Provincial 26 m o District 20.5 m o Other 17.5 m Additional Zone Standards Non-Residential use side yard setback is 4.5 m Recommend keeping the same standards currently in place Page 11

12 Section Shoreline Zone Standards Current SR2 Zone standards in Section Carry forward all SR2 Zone standards are as follows: with the exception of: Lot Area Existing Size non-residential setback as it the Lot Frontage Existing Size same as residential setback Front Yard Setback 30 m Change lot coverage to (*3) (see Exterior Side Yard Setback 7.5 Section ) m Additional Zone Standards - see Interior Side Yard Setback 4.5 notation (*4) in Section m Rear Yard Setback 7.5 m Lot Coverage 15% Minimum Dwelling Size 60 m 2 Maximum Height 9 m Minimum Setback from Centerline of Road: o Provincial 26 m o District 20.5 m o Other 17.5 m Additional Zone Standards Non-Residential use side yard setback is 4.5 m Recommend keeping the same standards currently in place Page 12

13 Section Shoreline Zone Standards Current SR3 Zone standards in Section Carry forward all SR3 Zone standards are as follows: with the exception of the following: Lot Area 0.8 ha Delete non-residential setback as Lot Frontage 100 m it the same as residential setback Front Yard Setback 30 m Change Lot Area to 0.6 ha Exterior Side Yard Setback 7.5 Change Lot Frontage to 90 m m Change Lot Coverage to (*3) Interior Side Yard Setback 4.5 (see Section ) m Additional Zone Standards - see Rear Yard Setback 7.5 m notation (*4) in Section Lot Coverage 15% Minimum Dwelling Size 60 m 2 Maximum Height 9 m Minimum Setback from Centerline of Road: o Provincial 26 m o District 20.5 m o Other 17.5 m Additional Zone Standards Non-Residential use side yard setback is 4.5 m Recommend keeping the same standards currently in place with the exception of lot area and lot frontage. Current standard is for all narrow waterbodies. Revised zone standards reflect that this zone only applies to narrow waterbodies where the distance from shoreline to shoreline is greater than for narrow watercourses. Page 13

14 Section Shoreline Zone Standards Currently no SR4 Zone Create a SR4 Zone with the following standards: Lot Area 0.8 ha Lot Frontage 120 m Front Yard Setback 30 m Exterior Side Yard Setback 7.5 m Interior Side Yard Setback 4.5 m Rear Yard Setback 7.5 m Lot Coverage (*3) Minimum Dwelling Size 60 m 2 Maximum Height 9 m Minimum Setback from Centerline of Road: o Provincial 26 m o District 20.5 m o Other 17.5 m Additional Zone Standards - see notation (*4) in Section Recommend keeping the same standards for SR3 Zone with the exception of lot area and lot frontage. Current SR3 zone standard is for all narrow waterbodies. Revised zone standards reflect that this zone only applies to narrow watercourses where the distance from shoreline to shoreline is less than for narrow waterbodies. Page 14

15 Section Shoreline Zone Standards Currently no SR5 Zone Create a SR5 Zone with the following standards: Lot Area Existing Size Lot Frontage Existing Size Front Yard Setback 30 m Exterior Side Yard Setback 7.5 m Interior Side Yard Setback 4.5 m Rear Yard Setback 7.5 m Lot Coverage (*3) Minimum Dwelling Size 60 m 2 Maximum Height 9 m Minimum Setback from Centerline of Road: o Provincial 26 m o District 20.5 m o Other 17.5 m Additional Zone Standards - see notation (*4) and (*5) in Section Recommend limiting to the existing lot area and lot frontage requirements to implement OP policies regarding lot creation (Section F ). Remaining Zone standards consistent with SR2, SR3 and SR4 zones. Limiting structures based on access to implement OP Policies (Section F ) Page 15

16 Section Shoreline Zone Standards Currently no WL Zone Create a WL Zone with the following standards: Lot Area 0.1 Lot Frontage 23 m Front Yard Setback 20 m Exterior Side Yard Setback 7.5 m Interior Side Yard Setback 4.5 m Rear Yard Setback 7.5 m Lot Coverage 5% Minimum Dwelling Size Not Permitted Maximum Height 4.5 m Minimum Setback from Centerline of Road: Section Shoreline Zone Standards Section Shoreline Zone Standards Current notation (*3) in old Section for SR2 lot area and lot frontage reads: The minimum lot area and lot frontage requirements of a lot in the Shoreline Residential Two (SR2) Zone are the dimensions of that lot existing on the date of passage of this By-law. Current notation (*4) in old Section for SR1 front yard setback reads: The minimum front yard setback in the Shoreline Residential Type One (SR1) Zone is 7.5 metres if the front lot line abuts a street. o Provincial 26 m o District 20.5 m o Other 17.5 m Additional Zone Standards see notation (*6) in Section Insert new notation (*1) to read: The minimum lot area and lot frontage requirements of a lot in the Shoreline Residential Type 2 (SR2) Zone or Shoreline Residential Type 5 (SR5) Zone are the dimensions of that lot existing on the date of passage of this By-law. Insert new notation (*2) to read: The minimum front yard setback in the Shoreline Residential Type One (SR1) Zone is 7.5 metres if the front lot line abuts a street. Recommend including Waterfront Landing Zone to implement OP (Section F2.4.14). Utilized same standards as in Muskoka Lakes with the exception of the following: Exterior Yard Setback 7.5m to be consistent with other zones (ML is 9.0 m) Rear Yard Setback of 7.5 metres to be consistent with other zones (ML is 4.6 m) Maximum height of 4.5m as only building is storage shed (ML is 6.0 m) Recommend carrying forward standard for SR2 lot area and lot frontage. SR5 standards will require rezoning for lot creation (OP Policy Section F ) Recommend carry forward standard for SR1 front lot line setback for lots not located directly on water. Page 16

17 Section Shoreline Zone Standards Current lot coverage is 15% for SR Zones Insert new notation (*3) to read: (*3) The maximum lot coverage for all buildings or structures located within 60 metres of the high water mark is 15% of the lot area within 60 metres of the high water mark. The maximum lot coverage of all building or structures located greater than 60 metres from any high water mark is 15% of the lot area. Section Shoreline Zone Standards Currently no section on Shoreline buffers Insert new notation (*4) to read: Where new development or redevelopment occurs within 60 metres of a navigable waterway, the lot on which the development or redevelopment occurs must contain a shoreline buffer with the following provisions: i) The shoreline buffer has a minimum depth of 15 metres inland from the high water mark; and ii) The shoreline buffer must have a minimum width of 75% of the lot frontage. Current lot coverage does not distinguish on size of the building in relation to the water and would permit larger structures closer to the water. Added second notation to address existing undersized lots. Insert section to conform to Lake System Health policies in the Official Plan (Section B14.2.4) Section Shoreline Zone Standards Currently no SR5 Zone Insert new notation (*5), which is only applicable to SR5 Zone to read: A building or structure is only permitted if the lot fronts onto or has deeded access to a lot that fronts onto one of the following: i) a year round municipally maintained road; ii) a seasonally maintained public road; or iii) a private road Recommend limiting structures based on access to implement OP Policies (Section F ) Page 17

18 Section Shoreline Zone Standards Currently no WL Zone Insert new notation (*6), which is only applicable to WL Zone to read: The following additional provisions apply to the Waterfront Landing (WL) Zone: i) Docks are the only permitted shoreline structures; ii) A dock is permitted to project a maximum of the lesser of the distance of the lot frontage or 30 metres; iii) The minimum setback from the interior side lot line and projection of an interior side lot line is 6 metres; iv) The total portion of a shoreline or projection of the shoreline occupied by docks on, connected to or adjacent to a lot must not exceed the lesser of 75% of the lot frontage; v) One boat slip is permitted per 4 metres of lot frontage; vi) A maximum of one accessory building is permitted, which is permitted to have a maximum gross floor area of 23 square metres and is only permitted to be used for storage; vii) A minimum of 50% of the lot must remain in a natural state; and viii) Parking areas must meet the minimum setback requirements of the WL Zone. Section ) Commercial Zones Permitted Uses Currently last column is CT Zone Delete last column Delete Accessory Dwelling Unit and Camping Establishment as only permitted in CT Zone Recommend limiting structures based on access to implement OP Policies (Section F ) Recommend creation new section for Tourist Commercial Zones in Section 3.4 Page 18

19 Sections and s and 3.4.2) Commercial Zones Permitted Uses Currently the use Accessory Apartment In Section delete notation (*8) Dwelling Unit has a notation (*8) under beside Accessory Apartment the C5 Zone. In Section (*8) reads: Dwelling Unit in the C5 Zone. A maximum of one Accessory Apartment In Section delete notation (*8) Dwelling Unit is permitted and it must be Renumber all notations in sections occupied by the owner, caretaker or and accordingly watchman or similar person and his/her family. Sections and s and 3.4.2) Commercial Zones Permitted Uses Section 3.5 Tourist Commercial Zones Section Tourist Commercial Zones Section Tourist Commercial Zones Section makes reference to notations (*1) to (*14) that are in Section Currently only one CT Zone located in Section 3.4 Commercial Zones Current notation (*1) reads: A maximum of one of either an Accessory Dwelling Unit or Accessory Apartment Dwelling Unit is permitted and it must be occupied by the owner, caretaker or watchman or similar person and his/her family. Current notation (*4) reads: A Retail Store is permitted only as accessory uses, provided that the use does not exceed 25% of the gross floor area of the building in which it is located. Renumber the notations (*1) to (*11) so they are sequential in the table in Section starting with permitted uses and then moving down under the zone columns Insert a new Section 3.4 with a CT1, CT2 and CT3 Zone CT1 carries forward permitted uses and provisions from previous CT Zone with the exception of eliminating Camping Establishment and Marina as permitted uses CT2 Zone permits Camping Establishment and uses accessory to this type of use CT3 Zone permits Marina and uses accessory to this type of use Delete and it must be occupied by the owner, caretaker or watchman or similar person and his/her family. Change (*4) to read: A Retail Store is permitted only as accessory uses, provided that the use does not exceed a gross floor area of 350 m 2. A by-law cannot dictate who occupies a dwelling unit. With elimination of CT Zone from this table that notation numbering needs adjustment Recommend the use of three Tourist Commercial Zones to place Campgrounds and Marinas in their own zones. A by-law cannot dictate who occupies a dwelling unit. Change to allow a standalone retail store and limit the size to 350m 2 to prevent a large retail store within a large building. Page 19

20 Current CT Zone Standards Table list three uses being Tourist Establishment, Camping Establishment and All other permitted uses Section Tourist Commercial Zone Standards Changed Tourist Establishment Column to CT1 and kept provision the same Changed Camping Establishment Column to CT2 and kept provision the same Changed All other permitted uses Column to CT3 and utilized similar provisions to Muskoka Lakes By-law Recommend the use of three Tourist Commercial Zones to place Campgrounds and Marinas in their own zones. Page 20

21 Current CT Zone has no provisions for accessory structures to trailers for Camping Establishment Section Tourist Commercial Zone Standards In Section under Additional Zone Standards insert new notation (*5) In Section insert a new notation (*5) to read: Accessory buildings or structures are permitted within a camping site designed for the parking of a motor home, travel trailer or park model trailer, subject to the following: i) steps and decks are permitting abutting a motor home, travel trailer or park model trailer provided the motor home, travel trailer or park model trailer can be removed from the site without removing the steps or deck; ii) One detached accessory building not exceeding 10 square metres is permitted and the accessory building shall only be used for storage; iii) If a motor home or travel trailer is parked on the site, the total coverage of all accessory structures and accessory buildings cannot exceed 50 percent of the floor area of the motor home or travel trailer parked on the site; and iv) If a park model trailer is parked on the site, the total coverage of all accessory structures and accessory buildings cannot exceed 100 percent of the floor area of the park model trailer parked on the site. Recommend including provisions to permit and regulate decks and sheds associated with trailers. Recommend a high coverage for park model trailers as they are less likely to move from the site. Page 21

22 Section Tourist Commercial Zone Standards Current requirement for Tourist Change new Section notation (*2) Establishment interior side yard setback to read: (Old Section notation (*2) reads: Where the interior side lot line abuts a Where the interior side lot line abuts a Residential or Shoreline Zone, the Residential Zone, the minimum interior minimum interior side yard is a minimum side yard is a minimum of 9 metres. of 9 metres. Section Tourist Commercial Zone Standards Section ) Industrial Zones Permitted Uses No current standards for shoreline structures for a Marina Use Truck or Transport Depot currently only permitted in M2 Zone Inserted a new notation (*6) to read: The following provision will apply to a Marina use: i) The total portion of a shoreline or projection of the shoreline occupied by boathouses, boat ports, sundecks and docks on, connected or adjacent to a lot must not exceed 75% of the lot frontage; ii) Boathouses, boat ports, sundecks and docks are located no closer than 9 metres to a side lot line or the extension of the side lot line; iii) Docks may not project more than 30 metres from the high water mark; iv) Boathouses and boat ports may not project more than 20 metres from the high water mark; v) The shoreline structures existing for a Marina use existing on the date of passage of this by-law are deemed to comply with the by-law. Permit Truck or Transport Depot in M1 and M2 Zone As Shoreline Zones are now in a separate section, these zones need to be included in this section Recommend including Waterfront Landing Zone to implement OP (Section F2.4.14). Utilized similar standards as in Muskoka Lakes. Interior side yard parking is appropriate as visual barrier required. All uses in this category would contain three or more dwelling units. Page 22

23 Section ) Industrial Zones Permitted Uses Currently only one M3 Zone Extractive Divide M3 Zone column into two columns column which permits: being: Gravel Pit M3P Extractive Pit, which Outside Storage (with notation permits: that it is accessory only) o Gravel Pit Quarry Section ) Industrial Zones Standards Section ) Industrial Zones Provision Section ) Industrial Zones Provision Currently second last column is called M3 Current introductory sentence reads: The following zone standards apply to Industrial Zones: Current setbacks for M3 Zone require the following notation (*2)): No building, plant or product stockpile is located within: i) 30 metres of any lot line not abutting a Residential Zone or Rural Residential (RR) Zone. ii) 90 metres of any lot line of any abutting Residential Zone or Rural Residential (RR) Zone o Outside Storage (with notation that it is accessory only) M3Q Extractive Quarry, which permits o Gravel Pit o Outside Storage (with notation that it is accessory only) o Quarry Change name of column to M3P and M3Q Change to read: The following notations apply to Section where indicated: In new Section notation (*2) delete both occurrences of Residential Zone or Rural Residential (RR) Zone and replace with Residential, Shoreline or Rural Residential Zone. In subsection i) change to read: 30 metres of any lot line other than a lot line abutting a Residential, Shoreline or Rural Residential Zone. Recommend dividing Extractive Industrial (M3) Zone into two zones, one for Pits only (M3P) and one for Pits and Quarries (M3Q) as they have different impacts on neighbouring uses. Recommend dividing Extractive Industrial (M3) Zone into two zones, one for Pits only (M3P) and one for Pits and Quarries (M3Q) as they have different impacts on neighbouring uses. Provides consistent wording with other sections As Shoreline Zones are now in a separate section, these zones need to be included in this section Change to provide clarification to the section Page 23

24 Section ) Industrial Zones Provision Current notation (*3) ii) reads: Delete this subsection and renumber Requirement for Visual Barrier remaining subsections. Where the side or rear lot line abuts a Residential Zone, planting strips adjoining such abutting lot line or portion thereof is provided within the lot in accordance with the requirements of Section 4.24 of this By-law Section ) Institutional Zone Permitted Uses Sections and and 3.6.2) Rural Zones Permitted Uses Current list of permitted uses includes Nursing Home Currently Woodland Retreat is not a permitted use Delete Nursing Home and replace with Long-Term Care Home In Section permit Woodland Retreat in the Rural Zone subject to the notation (*7) In Section insert new notation (*7) to read A Woodland Retreat is permitted provided the following: i) the use is located on a lot greater than 10 hectares; ii) the building does not exceed a total floor area of 60 m 2 iii) the minimum setback from a watercourse is 100 metres. iv) the building is occupied for not more than 16 days in any month and not more than 60 days in any 12 month period. This section is not required as this is contained in the Visual Barrier Section Similar wording is not contained in any other zone requiring a visual barrier. Change to reflect that the Nursing Homes Act has been repealed and reflect wording in the Long-Term Care Home Act. Recommend permitting use as supported by the Official Plan and use in other Muskoka municipalities. Page 24

25 Sections and and 3.6.2) Rural Zones Permitted Uses Currently the keeping of laying hens is not permitted except as an Agricultural Use or Hobby Farm Sections ) Rural Zones Permitted Uses Section ) Rural Zones Permitted Uses Currently Rural Industrial Zone has symbol of RUI Currently no Rural Institutional Zone In Section 3.81 insert Hens, Backyard with notation (*8) as a permitted use and permit in the RU and RR Zones In Section insert a new notation (*8) to read: Backyard Hens are permitted provided the following: i) The keeping of Backyard Hens is accessory to a principal dwelling located on the same lot as the Backyard Hens; ii) The lot has a minimum lot area of 0.2 hectares; iii) The hens are kept in a screened or walled rodent and predator proofed building that is located in a rear yard with a minimum setback of 6.0 metres from any lot line and a minimum high water mark setback of 30 metres from any navigable waterway; and iv) The hens must be maintained in accordance with good animal husbandry practices as defined by the Ministry of Food And Agriculture. Change symbol of Rural Industrial Zone to RUM Create a new column for RUI Rural Institutional and permit the following uses: Accessory Dwelling Unit Cemetery Emergency Service Depot Place of Worship Public Office Public Works Yard Requests have been received to include this use accessory to residential uses. The proposed standards have been used in other municipalities such as Huntsville. Recommend creating a Rural Institutional Zone for community facilities in the rural area which is more appropriate for RUI symbol. Other industrial zones use M symbol. Recommend the creation of Rural Institutional Zone to permit small scale Community Facilities in the Rural Area (OP Section B7.4) Page 25

26 Section ) Rural Zones Permitted Uses Currently Detached Dwelling Unit is listed as a permitted use Change to Detached Dwelling Section ) Rural Zones Permitted Uses Sections and and 3.6.2) Rural Zones Permitted Uses Currently Forest Operations and Reforestation Activities/Tree Nursery are permitted within 150 metres of a navigable waterway Current no limit on having a Detached Dwelling and a Hunt Camp on the same lot. Woodland Retreat is currently not a permitted use in the By-law Insert notation (*3) beside Forest Operations and Reforestation Activities/Tree Nursery In Section insert a notation (*9) beside Detached Dwelling, Hunt Camp and Woodland Retreat in permitted uses column In Section Insert a new notation (*9) to read: Only one of a Detached Dwelling Unit, Hunt Camp or Woodland Retreat is permitted on a lot. Changed wording to be consistent with wording in other zones Limit these uses in the Waterfront Area to protect the character of these areas Insert notation to prevent multiple occupancy buildings from being located on the same lot Page 26

27 Sections and and 3.6.2) Rural Zones Permitted Uses Second Dwelling Unit currently not permitted in Rural Zones In Section Permit Second Dwelling Unit in the RR and RU Zone with a notation (*6) In Section Insert a new notation (*6) to read: A Second Dwelling Unit is permitted provided the following: i) a maximum of one Second Dwelling Unit is permitted per lot; ii) iii) iv) the lot on which the Second Dwelling Unit is located meets the minimum lot area and minimum lot frontage requirements for the zone in which it is located; the building in which the Second Dwelling Unit is located meets all zone standards; the Second Dwelling Unit may be located in either a Detached Dwelling or in a separate detached accessory building with or without other accessory uses; and v) the maximum gross floor area of a Second Dwelling Unit is 75 square metres unless the Second Dwelling Unit is located within a Detached Dwelling. Planning Act requires Second Dwelling Units be permitted in Detached Dwelling, Semi-Detached Dwelling, Duplex Dwellings and Row Dwellings and accessory buildings. Town of Bracebridge Official Plan permits Second Dwelling Units in Urban Centre and Rural Area Countryside designations. Page 27

28 Sections ) Rural Zones Permitted Uses Current wording for Hunt Camp Notation In subsection i) change it to the (old notation (*3) no (*4)) is: use A hunt camp is only permitted provided: In subsection ii) and iii) change it to i) it is located on a lot greater than 40 the building hectares; ii) it does not exceed a total floor area of 100 m 2 iii) it is occupied for not more than 16 days in any month and not more than 60 days in any 12 month period. Recommend change to provide clarification to section. Sections ) Rural Zones Permitted Uses Section ) Rural Zone Standards Section ) Rural Zone Standards Section ) Rural Zone Standards Current notation (*5) reads: Maximum one Accessory Dwelling Unit, which must be occupied by the owner, caretaker or watchman or similar person and his/her family. The Accessory Dwelling Unit is not permitted in conjunction with Bulk Fuel Sales. Currently Minimum Lot Area and Minimum Lot Frontage have sub-listings for Public Water & Private Sewage and Private Wells & Private Sewage Currently Rural Industrial Zone has symbol of RUI Currently no Rural Institutional Zone Change to read A maximum one Accessory Dwelling Unit is permitted provided it is not accessory to a Bulk Fuel Sales use. Delete sub-listings Change symbol of Rural Industrial Zone to RUM Create a new column for RUI Rural Institutional and use same zone provisions as RC Zone A by-law cannot dictate who occupies a dwelling unit. As all Rural zoned lots are on private services no needed for sub-listings Recommend creating a Rural Institutional Zone for community facilities in the rural area which is more appropriate for RUI symbol. Other industrial zones use M symbol. Recommend the creation of Rural Institutional Zone to permit small scale Community Facilities in the Rural Area (OP Section B7.4). Town of Bracebridge Official Plan requires a minimum lot area of 2.0 hectares and a minimum lot frontage of 90 metres in the Rural Area. No justification for 120 metres in RC Zone. Page 28

29 Section ) Rural Zone Standards Current RR Zone requires a minimum Change RR and RC Zone minimum lot lot area of 0.8 hectares and a area to 2.0 hectares and minimum lot minimum lot frontage of 60 metres frontage to 90 metres Current RC Zone requires a minimum lot area of 0.8 hectares and a minimum lot frontage of 120 metres Town of Bracebridge Official Plan requires a minimum lot area of 2.0 hectares and a minimum lot frontage of 90 metres in the Rural Area. No justification for 120 metres in RC Zone. Section ) Rural Zone Standards Section ) Rural Zone Standards Section ) Open Space Zone Permitted Uses Section ) Environmental Protection Zone Section ) Environmental Protection Zone Permitted Uses Current Rural Industrial minimum lot frontage is 60 metres Change Rural Industrial minimum lot frontage to 120 metres Minimum requirement is 90 metres in the Official Plan. The 120 metre requirement is consistent with the Rural Zone. All Rural Zones require a minimum Change 83.5m 2 to 85 m 2 Previous number reflects conversion from dwelling unit size of 85m 2 imperial. Provision change to provide a round number (difference of 16 ft 2 ) Currently Open Space Zones do not permit Open Air Farmers Market Currently Section title is ENVIRONMENTAL ZONES Currently Table contains EP1 and EP2 column headers Permit Open Air Farmers Market in OS1 Zone Change Section title to ENVIRONMENTAL PROTECTION ZONES Amend table by : Deleting EP2 Zone column Creating new column named EP1W Wetlands and permitting o Existing Buildings or Structures Creating new column named EP2W Wetlands and permitting o Existing Buildings or Structures Lands zoned OS1 (public parks) is historically where this use has occurred. Recommend change to be consistent with remainder of document. Recommend creating an EPW1 Zone and applying it to all non-provincially Significant wetland and an EPW2 Zone and apply it to all Provincially Significant wetland. Page 29

30 Section ) Environmental Protection Zone Provisions Current start of Section reads: The following provisions apply to the EP Zone: Section ) Section ) Section ) Sections and ) No new structural development is permitted in any EP1 or EP2 Zone except that Accessory Shoreline Structures may be permitted in any EP1 zone subject to the provisions of Section 4.4. Current permitted uses do not list boathouses Current permitted uses list includes Floating Docks Current section reads: Building height, other than boat ports must be measured from the original grade, as opposed to finished grade. Current section reads: Docks are restricted to floating types or those supported by piles (i.e. no cribs) and must be constructed parallel to the shoreline, subject to a minimum setback of 5 metres from the interior side lot line or projection of the interior side lot line and must not project more than 6 metres from the shoreline. Change EP Zone to Environmental Zones in the introduction sentence Change EP1 or EP2 Zone to Environmental Protection Zone List Boathouse as a permit use in the F2 Zone with a notation (*3) Insert a new notation (*3) to read: A boathouse is not permitted either on a lot, extending from a lot or adjacent to a lot that fronts onto to the Muskoka River. Delete Floating Insert or boathouses after boat ports Change section to read: Docks are restricted to floating types or those supported by piles (i.e. no cribs). Insert a new section to read: A dock or boat port located on the north or south branch of the Muskoka River must not project more than 6 metres from the shoreline and a dock or boat port in other locations on the Muskoka River must not project more than 8 metres from the shoreline. Recommend creating an EPW1 Zone and applying it to all non-provincially Significant wetland and an EPW2 Zone and apply it to all Provincially Significant wetland therefore wording of this section needs to be updated Provides clarification that boathouse are permitted in the flood fringe areas outside of the Muskoka River. As pile docks are permitted and the type of docks is included in , no need to indicated type of dock in this section Change is necessary to reflect that boathouses are measured from top of dock and not grade. Separate out this section as it contains provisions related to different matters. As majority of docks on the river are not parallel to the shoreline and the general provisions contain setbacks from side lot line recommend removing this part of the section. A number of minor variance has been received on the main part of the river for dock extensions, so recommend a 2 metre increase in length for this section of the river, which is wider than the branches. Page 30

31 Section Accessory Buildings, Structures and Uses Current subsection iii) reads: Unless otherwise specified in Sections 4.3 or 4.4 of this By-law, detached accessory buildings and structures must not be located in any required yard. Section Accessory Buildings, Structures and Uses Section Accessory Buildings, Structures and Uses Currently subsection v) reads: The height of any accessory building or structure may not exceed 4.5 metres and the maximum distance from the finished grade to the peak of the main roof may not exceed 6.7 metres. Any floor area above the first floor with a ceiling height of more than 2.0 metres cannot exceed a maximum floor area of 37 square metres. Currently subsection v) reads: A maximum of two (2) accessory buildings or structures are permitted in an R1 or R2 Zone. A maximum of three (3) accessory buildings or structures are permitted in a Shoreline Zone. Change to read: Unless otherwise specified in Sections 4.3 or 4.4 of this By-law, detached accessory buildings and structures must meet the minimum yard requirements for the zone in which they are located and they are permitted to be located in any front yard or exterior side yard or in any required yard. Change subsection v) to read: The height of any accessory building or structure, with the exception of a boat port or a single storey boathouse, may not exceed 7.0 metres. Any floor area above the first floor with a ceiling height of more than 2.0 metres cannot exceed a maximum floor area of 37 square metres with the exception of where an accessory building contains a Second Dwelling Unit on the second floor then the floor area above the first floor cannot exceed a maximum of 75 square metres. Change subsection v) to read: A maximum of two (2) accessory buildings or structures are permitted in an R1 or R2 Zone. A maximum of three (3) accessory buildings or structures are permitted in a Shoreline Zone with the exception of a dock, a pumphouse with a floor area less than 4 square metres, a privy with a floor area less than 4 square metres, or a leanto for wood storage with a roof area less than 10 square metres. Change to this subsection address the need to not located accessory building or structures in the front or exterior side yards and to the meet setbacks unless otherwise permitted in another section. Change to reflect that height definition for an accessory building is to the peak of the roof. Height is consistent with a two storey boathouse. Section 4.4 contains specific heights for boat ports and single storey boathouses. Due to changes in the Rural Zone to permit Second Dwelling Units in detached garages, an increase second floor area is needed for these structures. Recognize the historic approach to not include docks, pumphouses, privys and wood leantos in number of accessory structures. Page 31