Land Use Planning Information (2015)

Section 1 – Overview

The spring newsletter includes a report outlining some roles and responsibilities of the Land Use Planning Community and of community members. It also promised some “nuggets of planning information” to be delivered via MadMail this summer. This first nugget of information serves as an introduction.

There are 3 documents which govern land use planning at Go Home Bay. First, our Community Plan was developed in 2006 to document the policies and regulations which would reflect the community’s vision for future land use in Go Home Bay. The Township amended both the Official Plan and Zoning By-Law 91-19 the same year to incorporate our Plan [http://www.gohomebay.org/community-plan/]. An Official Plan (OP) provides the policy context for land use planning – setting goals, objectives and land use policies. The purpose of a Zoning By-Law (ZBL) is to implement the policies of the Official Plan.

The updated Township Official Plan and Zoning By-law 14-75 [http://www.gbtownship.ca/content/zoning-law-14-75] document the policies and regulations governing the Township including those developed by our community (OP Section F.5.7, ZBL Sections 4,6,7). As is typical, there are appeals of the recent documents to the Ontario Municipal Board (OMB), but issues raised should not substantially affect planning decisions for Go Home. However, one effect is that By-law 91-19 is still in force until the OMB appeals are resolved. Thus there are essentially 4 documents to consider at the moment.

The rules which apply to your property are contained in different places of the municipal planning documents and it is imperative to look at all of them to determine which apply to you. In some cases there are different regulations between the documents which makes interpretation complex. Township wide regulations are different from more restrictive regulations requested by specific communities and Go Home has used this to tighten up the regulations to match the needs of our Community Plan. So read everything fully and carefully. Schedule D of By-law 14-75 [https://georgianbay.civicweb.net/document/121775/Compressed%20ScheduleD_ZoneDiagrams.pdf] consists of zoning diagrams which will help you with interpretation. Consult with the Township.

If you are considering using a Contractor, you need to ensure that they are fully aware of the rules that apply to Go Home from all municipal documents. Our residential zones are SR3 (Shoreline Residential Zone 3) and SRI3 (Shoreline Residential Island Zone 3). You will need to determine who gets the necessary permits, who is responsible for dealing with the Township and what happens if something goes wrong.

The Land Use Planning Committee can help, but the final arbiter is the Township if you have a By-law or Building permit question. There are two things to consider – the planning rules and the building permit rules. For an explanation of the difference see notes posted on the Club website [http://www.gohomebay.org/building-guidelines/].

Section 2 – Building Code

Land Use Planning – Get to know the plans and by-law regulations that apply to your property – Always consult the Township and, as a courtesy, consider sharing your ideas with your neighbouring property owners (as they will have a say if your proposal needs a variance from the rules) before taking action. The following information may give you a start, but is not a substitute for the information in the Community Plan, Township Official Plan and Zoning By-laws [http://www.gohomebay.org/community-plan/ , http://www.gbtownship.ca/content/official-plan-0 and http://www.gbtownship.ca/content/zoning-law-14-75].

What are the rules for buildings less than 10 square metres? – Building Code

Any structure that is placed on the property must comply with zoning regulations whether or not a permit is required. Those regulations would be the use, setbacks, height, lot coverage and any other provisions that may be applicable.

Any structure larger than 10 square metres (107.64 square feet) requires a building permit. If the structure has plumbing then it also would require a permit. If the structure has a deck attached to it or a covered entrance it would also need a permit if it is over the 10 square metres. [http://www.gbtownship.ca/content/application-forms-and-fees]

You cannot obtain a building permit unless your property is properly zoned for the use/project you intend to do and your project complies with all the rules associated with that use.

The basic Zoning By-law setbacks for Go Home are front yard 20 m, rear yard 10 m, side yards 8 m; maximum height for accessory buildings 4.0 metres. Check the Official Plan and Zoning By-law and/or call the Township for more complete information.

Section 3 – Docks

What are the rules for docks? – ZBL Section 4.1.13.2
Plan Objective F.5.7.2.1 c) v) “To limit the number, length and size of docks in the shoreline area with the intention of protecting the visual Character of the shoreline”.

A deck / landing built below or extending over the high water mark is considered to be part of a dock.
Minimum setback from side lot line is 5 metres.
Maximum projection from current water mark of a dock or dock plus ramp is 15.1 metres.
Maximum dock width is 3.1 metres.
Number of docks depends on shoreline frontage – 2 docks if less than or equal to 122 metres, 3 docks if greater than 122 metres.
Maximum cumulative area of all docks must not exceed 92.9 square metres.
Gazebos, hot tubs, whirlpools, pergolas, tents or other like or similar structures are not permitted on a dock.

Diagrams 16 (Dock & Ramp Measurements), 17 (Dock and Ramp Calculations), 18 (Dock Connections) [https://georgianbay.civicweb.net/document/121775/Compressed%20ScheduleD_ZoneDiagrams.pdf]

Section 4 – Decks

Rules for decks attached to any buildings or free-standing – ZBL Section 4.1.12.3, 6, 7

Decks are built on dry land setback from the high water mark 177.4 C.G.D.
Part of maximum lot coverage (5%).
Maximum area of decks greater than 1.2 metres in height is 60 square metres.
Maximum cumulative area of decks and free-standing decks is 200 square metres.

Free-standing decks – maximum cumulative area is 40 square metres, maximum height is 1.2 metres (measured between the average finished grade to the free-standing deck platform) on side facing water, may be setback 0 metres from high water mark, and side yard setbacks apply (8 metres).

Diagram 8 (Free-standing Deck) [https://georgianbay.civicweb.net/document/121775/Compressed%20ScheduleD_ZoneDiagrams.pdf]

Section 5 – Protected Shoreline Areas

Shoreline Activity Area and Natural State Shoreline Area – ZBL Section 4.30
Plan Objective F.5.7.2.1 b) vii) “To promote the retention and maintenance of natural shorelines, as well as the restoration of natural shorelines wherever possible.”

Lands within 15 metres of the high water mark shall be maintained in a natural state.

10% of natural state area and maximum width of 10% of the shoreline length at any one point within 15 metres of the high water mark may be shoreline activity area for access to shoreline and locations of land-based shoreline accessory structures.

Cumulative width of docks, boat lifts, in-water boathouses and boatports – 10% of lot frontage to a maximum of 23 metres including all land-based accessory structures within 10 metres of the high water mark and all structures between the current water mark and the high water mark.

Diagram 24 (Shoreline Activity Area – Natural State Shoreline Area) and 25 (Natural State Shoreline Identification) [https://georgianbay.civicweb.net/document/121775/Compressed%20ScheduleD_ZoneDiagrams.pdf]

Section 6 – Boathouses

There are lots of detailed rules for Boathouses – ZBL Sections 4.1.12.4 and 4.1.13.1
Plan Objective F.5.7.2.1 c) vi) “To establish policies to regulate the nature and form of shoreline structures to preserve the natural shoreline Character.”

Only one of a dryland boathouse, in-water boathouse or boatport per lot
Dryland – Permissibility and sizing dependent on lot frontage; maximum width 6 metres, maximum length 9 metres, range of maximum height 3.5 to 4 metres.
In-water – Maximum width 7.2 metres, maximum length 10.2 metres.

Section 7 – Accessory Buildings

Accessory buildings, structures and uses – ZBL Section 4.1
There are general regulations and then more specific regulations for sleeping cabins and shoreline accessory structures (land based structures – pumphouse, inclinators, free-standing decks, dryland boathouse, gazebos, saunas, hot tubs and whirlpools, and water-based structures – in-water boathouses and boatports, docks, ramps and boat lifts, boat launching ramps and marine railways).

Maximum of 2 accessory buildings per lot, not including a boatport, sleeping cabins, a privy or a pumphouse

Maximum height 4.0 metres unless otherwise stated in the By-law

Sleeping Cabins – ZBL Section 4.1.14
Plan Objective F.5.7.2.1 c) vii) “To establish policies with respect to the size and location of accessory structures.”

Maximum of 2 sleeping cabins allowed if lot greater than 1.0 hectare (approx. 2.5 acres) in lot area.
Maximum floor area 56 square metres, maximum height 4.0 metres
One storey, no loft, basement or cellar
No kitchen or cooking facilities

Are Gazebos, Saunas, Hot Tubs and Whirlpools allowed? – ZBL Section 4.1.12.5 e)
Not permitted in the required front yard (20 metre); may be considered through a minor Variance in accordance with the policies of the Official Plan.

Section 8 – Walkways & Breezeways

Land Use Planning – Get to know the plans and by-law regulations that apply to your property – Always consult the Township and, as a courtesy, consider sharing your ideas with your neighbouring property owners (as they will have a say if your proposal needs a variance from the rules) before taking action. The following information may give you a start, but is not a substitute for the information in the Community Plan, Township Official Plan and Zoning By-laws [http://www.gohomebay.org/community-plan/ , http://www.gbtownship.ca/content/official-plan-0 and http://www.gbtownship.ca/content/zoning-law-14-75].

Walkways and Breezeways – ZBL Section 4.40
“Walkway means a passage or path used for walking or accessibility purposes which provides access to and from buildings, structures or features, and / or which provides for ease of access over uneven terrain or unsafe areas.”

Walkways – maximum width 1.6 metres; side yard setback 8 metres; any portion exceeding 1.2 metres in height above natural grade is included in calculation of lot coverage (maximum lot coverage 5%)

“Breezeway means a walkway structure ) with a roof and no walls and not screened that connects two buildings. Breezeway height shall be measured based on the building height definition.”

Breezeways – Maximum length 10 metres including projection of covered entrance, maximum width 1.6 metres, maximum height 4.0 metres, maximum eave projection 1.2 metres

Section 9 – Lights: Dark Sky Lighting

Policies for dark sky lighting – OP Section I.1.2
The night sky and stars at Go Home are beautiful and one of the best night features is the lack of glaring, obtrusive lights which hinder your chance to star gaze. These rules are designed to keep the night sky dark.

“Preservation of the waterfront and rural Character shall be facilitated through the use of Dark Sky Lighting, where appropriate and where appropriate safety concerns can be addressed.”

“New and existing development is encouraged to provide exterior lighting that avoids trespass and glare on neighbouring properties, and lighting should be directed downwards rather than outwards.”

“Exterior floodlighting is not permitted.”

“Exterior lighting shall not interfere with water navigation.”

While exterior lighting is the basis of the dark sky lighting policy, interior lighting shining through un-curtained windows may also impact night time navigation.

Summary

We have delivered 9 nuggets of land use planning information. Do you have any topics which you would like to see? Contact