BY-LAW NO BEING A ZONING BY-LAW AMENDMENT TO BY-LAW NO AFFECTING LANDS THROUGHOUT THE TOWNSHIP OF LEEDS AND THOUSAND ISLANDS

Transcription

1 BY-LAW NO BEING A ZONING BY-LAW AMENDMENT TO BY-LAW NO AFFECTING LANDS THROUGHOUT THE TOWNSHIP OF LEEDS AND THOUSAND ISLANDS Prepared by: IBI GROUP 650 Dalton Avenue Kingston, Ontario K?M 8N? Project No August 2011

2 TOWNSHIP OF LEEDS AND THOUSAND ISLANDS EXPLANATORY NOTE BY-LAW NUMBER PURPOSE OF THE ZONING BY -LAW AMENDMENT The Township wishes to consider a number of changes which will serve to reduce the need for ongoing site specific changes to the provisions of the By-law and minor variances, to revise a number of general provisions and zone provisions, and to clarify and/or make grammatical changes to provisions to accurately reflect requirements. EFFECT OF THE ZONING AMENDMENT The rezoning will result in a number of updates to the Zoning By-law considered administrative in nature, primarily clarifying the language and purpose, amending certain zoning provisions to clear-up inconsistencies, and to address errors in the zoning maps. LOCATION The By-law will be of general interest to all persons in the Township. The by-law will be of specific interest to residents within 120 metres of the properties at 238 and 246 Island View Drive, 4467 County Road 2 as shown on the attached key map.

3 TOWNSHIP OF LEEDS AND THOUSAND ISLANDS BY-LAW NUMBER BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER WHEREAS the Council of the Corporation of the Township of Leeds and Thousand Islands intends to amend Zoning By-law No to consider a number of changes which will serve to reduce the need for ongoing site specific changes to the provisions of the By-law, revise a number of zone provisions, and make a number of updates to better reflect existing uses; AND WHEREAS the Council of the Corporation of the Township of Leeds and Thousand Islands has given due consideration to the need to proceed with such changes, and considers it reasonable to so amend By-law No ; NOW THEREFORE the Council of the Corporation of the Township of Leeds and Thousand Islands enacts as follows: 1. THAT Section 1.16 Repeal of Existing By-laws of the Zoning By-law is hereby amended by deleting the following text in the third paragraph: fl.for a period of one year from the date of passing by Council of this Bylaw." 2. THAT Section 2.7 Alter of the Zoning By-law is hereby amended by repealing section 2.7 (a) and replacing it with the following: (a) with reference to a building or part thereof to change anyone or more of the external dimensions or to change the type of construction of the exterior walls or roof or changes to interior walls in such a way as to result in a change of use; 3. THAT Section 2.17 Bed and Breakfast of the Zoning By-law is hereby amended by repealing the existing definition and replacing it with the following: 2.17 Bed and Breakfast shall mean a single unit dwelling house in which no more than three (3) guest rooms are made available for overnight accommodation of the travelling or vacationing public, and in which the proprietor may offer lodging and breakfast for compensation. A Bed and Breakfast shall not include any other establishment otherwise defined or classified herein. 4. THAT Section 2.51 Development of the Zoning By-law is hereby amended by the addition of the definition of "development." 2.51 Development means the creation of a new lot, a change in land use, or 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 where a building permit is required that has the effect of increasing the size or usability of such buildings or structures, or the laying out and establishment of a commercial parking lot.

4 5. THAT Section Lot Coverage of the Zoning By-law is hereby repealed and replaced with: Lot Coverage shall mean the percentage of the lot area covered by all buildings and structures, including accessory buildings, and covered decks, and shall not include uncovered decks or patios, swimming pools, or minor projections such as canopies, balconies, overhanging eaves, or bay windows. 6. THAT Section 2 Definitions of the Zoning By-law is hereby amended by the addition of the definition of "reconstruction" (Section 2.145): Reconstruction means the removal of all of or a part of a building or structure from a lot and the construction of new buildings or structures or the renovation of an existing building or structure on said lot. 7. THAT Section 2 Definitions of the Zoning By-law is hereby amended by the addition of the definition of "renovation" (Section 2.148): Renovation means the repair, strengthening, or restoration or a building or structure to a safe condition but shall not include its replacement. 8. THAT Section 2 Definitions of the Zoning By-law is hereby amended by the addition of the definition of "sensitive land use" (Section 2.159): Sensitive land use means any building or structure where people sleep or an institutional use or certain recreational uses and may include, but is not limited to, residence, motel, hotel, retirement home, hospital, school, place of worship, day care or any lands used for camp ground, mobile home park, or picnic areas. 9. THAT Section Structure of the Zoning By-law is hereby amended with the addition of the following text at the end of the existing paragraph: This definition shall not include temporary structures which do not require a building permit. 10. THAT Section 3.8 (b) Frontage on an Improved Street of the Zoning By-law is hereby amended by repealing the existing text and replacing it with the following: The lot on which such building or structure is to be located was in existence on the date of passing of this By-law or was created under Section 53 of the Planning Act and has access to an improved street by a private right-of-way; 11. THAT Section 3.8 (c) Frontage on an Improved Street of the Zoning By-law is hereby amended by repealing the existing text and replacing it with the following: On a lot in existence on the date of passing of this by-law and which is a landlocked parcel not having access to an improved street or private right-of-way, but does have access to a navigable waterway, this lot may be used for a single detached dwelling and accessory uses in accordance with the zone provisions in which it is located.

5 12. THAT Section 3.14 (d) Loading Requirements of the Zoning By-law is hereby amended by deleting the following: "Access to loading spaces shall not pass through a Residential Zone." 13. THAT Section 3.18 (a) (i) Marine Facilities of the Zoning By-law is hereby amended by repealing the text of the second paragraph and replacing it with: For Islands and lots on islands having an area between 1 ha and 0.1 ha the area of any dock or marine structure shall not exceed 3% or a maximum of 150 square metres, whichever is less of the total area of the island or lot. 14. THAT Section 3.21 (b) Repair, Restoration and Reconstruction of Non Conforming Uses or Non-Complying uses, Buildings or Structures of the Zoning By-law is hereby amended by the addition of the following text: (iii) The rebuilding or repair of any building or structure located within a flood plain or erosion hazard shall be relocated outside of the flood plain or erosion hazard where possible, or alternatively require flood proofing or engineering measures that are to the satisfaction of the Conservation Authority. 15. THAT Section 3.21 (b )(ii) Repair, Restoration and Reconstruction of Non Conforming Uses or Non-Complying uses, Buildings or Structures of the Zoning By-law is hereby amended by repealing the text and replacing it with: (ii) A legal non-conforming use or a non-complying use, building or structure may be reconstructed provided that: A building permit must be obtained and the owner demonstrates continuous intention to continue the long-established pattern of usage. Such reconstruction does not increase the height, size, volume or extent of non-conformity or non-compliance of the use, building or structure beyond that existing prior to the occurrence of the damage, except as required in order to comply with the requirements of the Ontario Building Code. 16. THAT Section 3.21(c) Enlargement of Non-Conforming Buildings or Structures of the Zoning By-law is hereby amended by repealing the existing text and replacing it with the following: Enlargement of Non-Conforming Buildings or Structures A non-conforming building or structure may not be enlarged except by permission granted by the Committee of Adjustment or by amendment to this By-law.

6 17. THAT Section 3.21 (d) Enlargements to Non-complying Buildings and Structures of the Zoning By-law is hereby amended by repealing the existing section and replacing it with the following: Alterations to Non-Complying Buildings and Structures Nothing in this By-law shall prevent the alteration or enlargement of an existing non-complying building or structure provided such alteration or enlargement does not further reduce any provision of this by-law with which the existing building or structure is not in compliance. Alterations which extend a building or structure along an existing non-complying setback shall be limited to a maximum extension of 1/3 of the existing length of the wall of the respective building or structure. 18. THAT Section 3.21 (e )(ii) Building Permits Issued of the Zoning By-law is hereby amended by repealing the existing text and replacing it with the following: (ii) the erection of such building or structure is commenced in accordance with the Building Code Act and regulations and applicable municipal bylaws. 19. THAT Section 3.21 (f)(i) Existing Non-Complying Lots of the Zoning By-law is hereby amended by repealing the section and replacing it with the following: No existing lot shall be changed in area, depth, or frontage if the effect of such change is to cause the original, adjoining, or new lot to be in contravention of this by-law. Further, an existing non-complying lot may be changed in lot area, lot depth, or lot frontage without the need to amend this by-law provided such alteration to the lot area, lot depth, or lot frontage does not further increase any existing non-compliance. 20. THAT Section 3.21 Non-Complying & Non-Conforming Uses is hereby amended with the addition of the following subsection, numbered: (g) Where an existing lot is changed in area, depth or frontage and contains thereon existing non-complying buildings or structures, such lot may be altered in area, depth or frontage so long as the existing building or structure non-compliance is not made worse. 21. THAT Section 3.21 U) Replacement of Non-Complying Septic Disposal Systems of the Zoning By-law is hereby amended by repealing the section and replacing it with the following: Where an existing septic disposal system is to be replaced, the new system is to be positioned on the property as per the provisions of this bylaw or, if the setback from a waterbody or watercourse cannot be met, as far back as reasonably possible from the waterbody or watercourse but no closer than the existing system.

7 22. THAT Section 3.29 Sensitive Lake Trout Lakes of the Zoning By-law is amended by repealing the existing text and replacing it with the following: For existing lots of record, development or reconstruction adjacent to Charleston Lake or Red Horse Lake shall be setback a minimum of 30 metres from the high water mark of the waterbody. 23. THAT Section 3.30(a) Separation Distances of the Zoning By-law is hereby amended by the repealing of the first sentence and replacing it with the following: The following separation distances will apply between a sensitive land use and the uses listed below: 24. THAT Section 3.30(a)(i) Separation Distances of the Zoning By-law is hereby amended by removing reference to Section 3.20 and replacing it with reference to Section THAT Section 3.30(a)(v) Separation Distances of the Zoning By-law is hereby amended by removing the term "Mineral Aggregate-Pit" and replacing it with "Mineral Resource Pit." 26. THAT Section 3.30(a)(vi) Separation Distances of the Zoning By-law is hereby amended by removing the term "Mineral-Aggregate Quarry" and replacing it with "Mineral Resource Quarry." 27. THAT Section 3.30(a)(vii) Separation Distances of the Zoning By-law is hereby amended by removing the term "Mineral-Aggregate Reserve" and replacing it with "Mineral Resource Bedrock or Mineral Resource Aggregate." 28. THAT Section 3.30(a)(viii) Separation Distances of the Zoning By-law is hereby amended by the addition of a new separation distance requirement: (viii) within metres ( ft) of any land zoned Mineral Resource Wollanstonite; 29. THAT Section 3.30(c) Separation Distances of the Zoning By-law is hereby repealed and replaced with the following text: Lands located within the following influence areas require an EIS prior to development being permitted: (i) Provincially Significant Wetland (PSW): within the adjacent lands defined as contiguous lands within metres ( ft.) of lands zoned PSW; (ii) Species at Risk (SR): within metres ( ft.) of lands zoned SR; (iii) Area of Natural and Scientific Interest (ANSI): within the adjacent area of 50.0 metres ( ft.) of lands zoned ANSI; (iv) Locally Significant Wetland (LSW): within the adjacent area of 50.0 metres ( ft.) of lands zoned LSW. In cases where the Municipality, in consultation with the Conservation Authority, determines that an EIS is not warranted, then, in such cases, an EIS will not be required.

8 30. THAT Section 3.31(c) Setbacks (c) is added to the Zoning By-law: c) From Flood Plains Notwithstanding other provisions of this by-law, no building or structure shall be erected or altered within 5 metres of a flood plain or 30 metres from the high water mark, whichever is greater. 31. THAT Section 3.31 (d) Setbacks (d) is added to the Zoning By-Law: d) From Wetlands Notwithstanding other provisions of this by-law, no building or structure shall be erected or altered within 30 metres of a seasonal or permanent wetland not categorized herein. 32. THAT Section 3.35 Swimming Pools of the Zoning By-law is hereby amended by the addition of the following text: Swimming pools are permitted in the front yard of the Shoreline Residential (RS) and Island Residential (RI) zones, and for waterfront residential lots in other zones, and shall be set back a minimum of 30 metres (98.43 ft.) from the high water mark of the waterbody or watercourse or 5 metres from the 1: 1 00 year flood level, whichever is greater. 33. THAT Section 3.37(b) Yard Encroachments of the Zoning By-law is hereby amended by the addition of the following text: Attached unenclosed porches; uncovered patios, decks, balconies; exterior stairs and landings may project from the main building into any required yard not more than 3 m, except that where an existing main building is non-complying in relation to the required yard, in which case an open and unroofed porch, deck, exterior stairs or landing may project into the existing yard a maximum of 1.5 m. These encroachments are permitted provided that they are no closer than 1.2 m to any lot line and do not reduce or infringe upon any necessary sight triangles; 34. THAT Section 4.1 Zone Classifications of the Zoning By-law is hereby amended by the addition of the following text: Rural Zone Rural RU 35. THAT Section 5.4 (c) Rural Residential (RR) Zone - Special Exceptions is hereby amended by the addition of the following new subsection following 5.4(c)(viii): (ix) RR-9, 238 & 246 Island View Drive, Assessment Roll Nos & , respectively. On the lands zoned RR-9, the following provision shall apply: Lot Area (minimum) 2500 sq. m. 36. THAT Schedule B of By-law No is hereby amended by changing to RR-9 the zone symbol of the lands shown as "Zone Change to 'RR-9'" on Schedule 'A' attached hereto and forming part of this by-law.

9 37. THAT Schedule B of By-law No is hereby amended by repealing the lands zoned LSW and changing to OS and RR-7-h the zone symbols of the lands shown as "Zone Change to 'OS'" and "Zone Change to RR-7 -h'" on Schedule 'A' attached hereto and forming part of this by-law. 38. THAT Schedule B of By-law No is hereby amended by adjusting the extent of the Locally Significant Wetland (LSW) Zone as per the line shown on Schedule 'A' attached hereto and forming part of this by-law. 39. THAT Section 5.5 (b) Shoreline Residential (RS) Zone of the Zoning By-law is hereby amended by deleting the following text: Note: This provision implements Section 4.26 of the approved Official Plan, which restricts development within 30.0 metres (98.43 ft.) of all waterbodies and watercourses. 40. THAT Section 5.6 (c) Island Residential (RI) Zone of the Zoning By-law is hereby amended by deleting the following text: "in accordance with the provisions outlined in Section 5.9.2(c)(iii) of the approved Official Plan." 41. THAT Section 6.5(b)(ii) Increased Yard Requirements of the Zoning By-law is hereby amended by deleting the text following "... the minimum side yard requirement on the abutting side shall be increased to 12.0 metres (39.37 ft.) and the... ": "minimum side yard and" 42. THIS By-law shall come into force and take effect on its date of passing, subject to the provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, c.p.13, as amended, in the event a notice of appeal of this by-law is filed in accordance with subsection 34( 19) of the Act. READ A FIRST AND SECOND TIME THIS 12th DAY OF SEPTEMBER, READ A THIRD TIME AND FINALLY PASSED THIS 12th DAY OF SEPTEMBER, 2011.

10 NOTICE OF PASSING OF ZONING BY-LAW THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THOUSAND ISLANDS TAKE NOTICE the Council of the Corporation of the Township of Leeds and Thousand Islands passed By-law No on the 12th day of SEPTEMBER 2011, under Section 34 of the Planning Act, R.S.O. 1990, as Amended. AND TAKE NOTICE THAT: i. Only individuals, corporations, and public bodies may appeal a Zoning By-law to the Ontario Municipal Board. A Notice of Appeal may not be filed by an unincorporated association or group. However, a Notice of Appeal may be filed in the name of an individual who is a member of the association or group on its behalf. ii. No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the councilor, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. A KEY MAP AND EXPLANATION of the purpose and effect of the By-law are attached. DATED at the Township of Leeds and Thousand Islands This 15 th day of SEPTEMBER 2011 ~ Clerk NOTE: The last day for filing objection will be 5 th day of OCTOBER, The objection must be received by this date in order to be valid. Any appeal submitted to the Township of Leeds and Thousand Islands for referral to the Ontario Municipal Board must be filed with the Clerk and include: 1) The objection to the By-law and the reasons in support of the objection. 2) The name and address of the appellant. 3) The fee payment required by the Ontario Municipal Board in the amount of $ payable to the Minister of Finance, Province of Ontario.

11 TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS EXPLANATORY NOTE TO BY-LAW NUMBER PURPOSE OF THE ZONING BY-LAW AMENDMENT The Township adopted a number of changes which will serve to reduce the need for ongoing site specific changes to the provisions of the By-law and minor variances, to revise a number of general provisions and zone provisions, and to clarify and/or make grammatical changes to provisions. Proposed changes to Zoning By-law No are as follows: 1. Section 1.16 Repeal of Existing By-laws is amended to remove time limit on Committee of Adjustment decisions. 2. Section 2.7 Alter is updated by the addition of references to internal dimensions and walls to the definition. 3. Section 2.17 Bed and Breakfast definition is amended to improve clarity. 4. Section 2.51 Development definition is added to the Zoning By-law. 5. Section Lot Coverage definition is clarified by adding "structures" and clarifying that uncovered decks, patios and swimming pools are not to be included as part of lot coverage. 6. Section Reconstruction definition is added to the Zoning By-law. 7. Section Renovation definition is added to the Zoning By-law. 8. Section Sensitive Land Use definition is added to the Zoning By-law. 9. Section Structure definition is modified so as not to include temporary structures not requiring a building permit. 10. Section 3.8(b) Frontage on an Improved Street is expanded to also address situations of new lot creation. 11. Section 3.8(c) Frontage on an Improved Street is amended to address landlocked parcels with frontage on a navigable waterway. 12. Section 3.14(d) Loading Requirements is updated by the deleting of text restricting access to loading spaces through the Residential Zone. 13. Section 3.18(a)(i) Marine Facilities is amended to ensure that the permitted size of marine facilities on islands is consistent, based on size of the island. 14. Section 3.21 (b) Repair, Restoration and Reconstruction is amended by adding text to address the rebuilding or repair of buildings or structures within the flood plain. 15. Section 3.21 (b)(ii) Repair, Restoration and Reconstruction is amended to clarify the conditions under which damaged or demolished non-complying or non-conforming uses can be reconstructed. 16. Section 3.21 (c) Enlargements of Non-Conforming Buildings or Structures is amended to clarify when nonconforming structures can be enlarged. 17. Section 3.21 (d) Enlargements to Non-Complying Buildings or Structures is repealed and replaced with a more concise and clear provision for alterations. 18. Section 3.21 (e)(ii) Building Permits Issued is amended to remove the specific time limit within which the reconstruction of a non-conforming building or structure must be rebuilt. 19. Section 3.21 (f)(i) Existing Non-Complying Lots of the Zoning By-law is repealed and replaced so that the maintenance of the frontage and/or lot size of a non-complying lot does not require a variance. 20. Section 3.21 Non-Complying & Non-Conforming Uses is amended with the addition of a new subsection regarding non-complying buildings or structures and changes to existing lots. 21. Section 3.21 U) Non-Complying & Non-Conforming Uses is repealed and replaced with a provision which allows the replacement of an existing non-complying septic system with a new system which may be no closer than the existing system. 22. Section 3.29 Sensitive Lake Trout Lakes is amended to address setbacks for development on existing lots of record on Lake Trout Sensitive Lakes. 23. Section 3.30(a) Separation Distances is amended such that the separation distances apply reciprocally to the uses listed in the section should such a new use be proposed.

12 24. Section 3.30(a)(i) Separation Distances is amended to include the proper reference to another Section. 25. Section 3.30(a)(v) Separation Distances is amended to include the proper Zone name. 26. Section 3.30(a)(vi) Separation Distances is amended to include the proper Zone name. 27. Section 3.30(a)(vii) Separation Distances is amended to include the proper Zone name. 28. Section 3.30(a)(viii) Separation Distances is amended to include the proper Zone name. 29. Section 3.30(c) Separation Distances is amended such that the holding provision is removed and the requirement for an EIS is clarified. 30. Section 3.31(c) Setbacks (c) is added to include a required setback from the Flood Plain. 31. Section 3.31 (d) Setbacks (d) is added to include a required setback from seasonal or permanent wetlands. 32. Section 3.35 Swimming Pools is amended such that swimming pools are permitted in the front yard of Shoreline Residential (RS) and Island Residential (RI) Zones, and other waterfront residential lots in other zones, with a required setback. 33. Section 3.37(b) Yard Encroachments is amended to allow minor encroachments of certain structures into any required yard. 34. Section 4.1 Zone Classifications is amended such that the Rural Zone is assigned the proper short form. 35. Section 5.4(c) Rural Residential (RR) Zone - Special Exceptions is amended with the rezoning of lands zoned Rural Residential (RR) and Locally Significant Woodland (LSW) at 238 and 246 Island View Drive to a Rural Residential Special Exception Zone to amend the position of wetland on this property and to permit the Rural Residential portion of the lot to be 2500 square metres or larger. 36. Schedule B of By-law No is amended to reflect the rezoning of lands from Rural Residential and Locally Significant Wetland to a Rural Residential Special Exception Nine (RR-9) Zone. 37. Schedule B of By-law No is amended to more accurately reflect the extent of a Locally Significant Wetland. 38. Schedule B of By-law No is amended to more accurately reflect the extent of a Locally Significant Wetland. 39. Section 5.5(b) Shoreline Residential (RS) Zone is amended by deleting a reference to Official Plan policy. 40. Section 5.6(c) Island Residential (RI) Zone is amended by deleting a reference to Official Plan policy. 41. Section 6.5(b)(ii) Increased Yard Requirements is amended by deleting an duplicate requirement for side yard setbacks. EFFECT OF THE BY-LAW The rezoning will result in a number of updates to the Zoning By-law considered administrative in nature, primarily clarifying the language and purpose, amending certain zoning provisions to clear-up inconsistencies, and to address errors in the zoning maps. LOCATION This By-law Amendment is applicable to lands throughout the Township of Leeds and Thousand Islands. The subject lands in proposed changes 35 through 38 are shown in the attached Key Map.

13 BY-LAW CERTIFICATE OF COMPLIANCE WITH NOTICE AND PUBLIC MEETING REQUIREMENTS AND NOTICE OF APPEAL I, Vanessa Latimer, Clerk, hereby certify that By-law No has been passed in accordance with the requirements for: giving of notice of public meeting under Sections 34(12) and 34(13) of the Planning Act, (RS.O. 1990, c.p.13), and giving of written notice of the passing of the By-law under Section 34(18) of the Planning Act, (RS.O. 1990, c.p.13). I further certify that: No notice of appeal under Section 34(19) of the Planning Act, RS.O (as amended), has been filed within twenty days from the date of notice of passage of the By-law, or; Notice of appeal has been filed, and the attached submissions are true copies of all written submissions and supporting material received in respect of the By-law prior to the passing thereof together with all notices of appeal. Date Clerk