SHORELINE PROVISIONS RESIDENTIAL LOT

Transcription

1 By-law Discussion Paper #1 SHORELINE PROVISIONS RESIDENTIAL LOT Meeting Dates: April 6 to May 29, 2000 and February 13, 2001 Official Plan Policies Intent preserve ribbon of life preserve shoreline character & aesthetics (see OP background) Official Plan Policies landscape conservation (D.1-D.11) shoreline protection (setbacks & structures) (D.12 D.18) waterfront character & design principles (E.29, H.18 H.20) shoreline activity area (H.21 & H.22) natural shoreline buffer (H.23 & H.24) protection of fish habitat (D.101) Background Waterfront Residential Development Standards OP Discussion Paper Existing Lake of Bays Zoning By-law requirements (sections from By-law and summary table) Muskoka Lakes and Gravenhurst requirements (sections from By-laws and summary table)shoreline Development and MNR Work Permits Shoreline Development and MNR work permits November 6, 2000 Revised November 28, 2000 and February 13,

2 Recommendation Rationale Definitions & General 1. shoreline activity area will be defined as the cumulative portions of a shoreline frontage of a lot located within the required setback from the water s edge where accessory shoreline structures may be located and where access is provided to the water (illustrations #1 and #2) a) the activity area definition must follow parameters of H.21 and be specifically detailed in the by-law b) the provisions must clarify how this concept will be implemented 2. shoreline activity area will be bounded by generally parallel lines extending from the water s edge to the required setback from the water s edge (illustration #3) a) the bounds of the shoreline activity area must be detailed in the by-law 3. the total shoreline activity area frontage will be 25% or 23m, whichever is lesser (illustration #1) 4. a maximum of two activity areas will be permitted on a lot (illustration #1) a) this will implement the guidelines in section H.22 b) any variance to the guidelines will be reviewed through a planning application process a) two activity areas would provide greater flexibility in siting shoreline activities and avoiding sensitive areas or habitat b) a sliding scale option was considered for unusual situations or lots with significant water frontages, but not recommended because only one dwelling would be permitted and H.22 establishes a maximum size for the activity area c) residential compounds and special circumstances should be reviewed on an individual basis November 6, 2000 Revised November 28, 2000 and February 13,

3 Recommendation 5. Where a lot has more than one shoreline, 25% of each shoreline may be used for a shoreline activity area on each respective shoreline, provided that the combined shoreline activity area frontage for the lot does not exceed 23 metres and that not more than two shoreline activity areas exist on the lot. 6. shoreline activity area frontage will be defined as the shoreline permitted to be used for a shoreline activity area or areas; it is to be measured by straight line frontage (actual shoreline, excepting minor deviations), and expressed as a percentage of the lot s frontage, as defined in the by-law, or to a stated maximum length (illustration #4) Rationale a) Where a lot has more than one shoreline (e.g. on a peninsula), it is often beneficial to use each shoreline due to wind or the orientation of the lot to the sun. b) The intent of the shoreline activity area provisions for a lot with a contiguous shoreline should be applied to a lot with a split shoreline. a) the calculation and measurement of the shoreline activity area frontage must be identified in the by-law b) this approach is easy to understand and implement and avoids over-use of points of land or bays November 6, 2000 Revised November 28, 2000 and February 13,

4 Recommendation Rationale Permitted Uses & Structures 7. the types of accessory structures permitted within the required front yard of a waterfront residential lot, provided they are located within the shoreline activity area, may include: dry or wet boathouse boatport dock pumphouse gazebo shed sauna hot tub with plumbing inclinator/elevator stairs deck 8. shed will be defined as a structure with an area not to exceed 10 square metres (107 ft 2 ) used solely for storage purposes 9. a retaining wall will be exempt from the yard requirements of the by-law, except in the front yard (adjacent to the water s edge), if it is one metre in height or greater and requires a building permit 10. the remainder of the shoreline will be required to be a natural vegetative buffer to a distance of 15 metres from the ordinary water s edge (illustration #1) a) these activities require location at the waterfront or provide leisure activities near the shoreline without causing aesthetic or environmental problems b) a hot tub was considered acceptable if it has associated plumbing because the leaching pit, required for discharged water, would have to be set back 30 metres from the shore c) each of these structures, except a shed, would require a building permit, or may require a permit if a certain size or if plumbing is required a) a shed should be permitted for storing water-related equipment, but the size should be limited to preclude conversion or use as living space a) retaining walls will not be encouraged along the shoreline due to their negative impact on the riparian area a) this implements H.23 of the OP November 6, 2000 Revised November 28, 2000 and February 13,

5 Recommendation 11. shoreline vegetative buffer will be defined in the by-law similar to and in accordance with H.24; the following activities will be permitted within the buffer: meandering, permeable paths less than 1.5 metres wide cutting of trees for safety reasons pruning of trees for views Rationale a) activities within the buffer will be restricted to those listed in H.24 by specifically listing such activities within a shoreline vegetative buffer definition b) paths are to be limited to a width of 1.5 metres to limit disturbance while allowing elderly or disabled individuals to access the waterfront by small motorized vehicles 12. site plan control will be imposed where development constraints or environmental values (as identified in the OP) exist and should be used where appropriate to require the maintenance of the shoreline vegetative buffer 13. lighting will also be dealt with through site plan control 14. notes should be included in the bylaw to inform the reader of locations and types of proposals that are subject to site plan control a) site plan control will help preserve waterfront character and aesthetics, reduce the potential for conflict between neighbours, and ensure structures are properly located b) to impose site plan control for every shoreline would be onerous and create excessive administrative work load c) for minor proposals a less complicated site plan process is needed and could involve a standard agreement form or the use of an undertaking by the land owner a) where appropriate, site plan control will ensure that lighting fixtures are directed down and away from the water to prevent conflicts between neighbours, hazards to navigation and preserve dark skies a) public education is crucial to make residents aware of when and where site plan approvals are required November 6, 2000 Revised November 28, 2000 and February 13,

6 Recommendation Rationale Yards 15. side yard requirements will apply to a straight line projection of the lot line over a shore road allowance and the water for a maximum distance of 20 metres out from the ordinary water s edge (illustration #5) a) a setback from a straight line projection of the lot line over the water will reduce the potential for conflict between neighbours b) the 20 metre maximum projection length is to ensure that an unreasonable restriction is not imposed on shoreline structures where such projections roughly parallel the shoreline Extent of Buildings & Structures 16. shoreline activity area coverage will be defined as all structures within the required front yard or over the water, excluding stairs and landings and legal non-complying dwellings and sleeping cabins, expressed as a percentage of the maximum permitted shoreline activity area frontage multiplied by 20 metres (illustration #6) 17. landings will be defined so they do not exceed the width of associated stairs or a maximum width of two metres 18. coverage will be measured on a horizontal plane to the outside edge of walls or posts of a structure, or the furthest extent of a dock or deck 19. the maximum permitted shoreline activity area coverage will be 40% a) limiting coverage within the shoreline activity area provides an understandable and flexible means of siting structures while avoiding excessive built form along the shoreline b) (see rationale in Recommendation regarding the exclusion of legal noncomplying structures) a) limiting landings to a maximum width will distinguish them from decks, which are factored in shoreline activity area coverage a) coverage should include the footprint of a structure and not include any roof or other overhanging portion of the structure; docks will be measured across their surface area since they may not have support structures a) 40% maximum coverage will allow a double slip boathouse on a lot with 60m frontage as well as a reasonable amount of additional allowance for other structures; this coverage will also permit a single slip boathouse and some additional allowance on a 30m frontage lot November 6, 2000 Revised November 28, 2000 and February 13,

7 Recommendation Rationale Height 20. height of shoreline structures will be measured from the elevation of the ordinary water s edge to: the highest point of the roof surface of a flat roof half the distance between the top of the highest load-bearing wall and the roof ridge of any sloped roof 75% of the distance between the elevation of the ordinary water s edge and the roof ridge of an A- frame boathouse for the purposes of definition, ornamental structures shall be excluded from height measurements (illustrations #7 and #8) 21. ornamental structure will be defined as any fixture with an area less than 0.4m 2 on any horizontal plane 22. the maximum height of a shoreline structure will be 4.2 metres (illustration #9) 23. boathouses will not be permitted to contain any living space a) defining height based on the type of construction provides greater flexibility to builders, encourages architectural diversity, and limits the bulky appearance of flat roofed boathouses relative to other types of boathouses a) the exclusion of ornamental structures from height measurements is to allow variation and creativity in the design of roof ridge lines without increasing the potential for an area with increased head room (>2m or 6 ) in a boathouse attic a) a maximum height of 4.2 metres (13 9 ) would give builders greater flexibility in construction design, and yet limit the potential for living space above boathouses a) living space within a boathouse is viewed as a potential source of conflict at the shoreline and out of character with existing development in the Township November 6, 2000 Revised November 28, 2000 and February 13,

8 Recommendation 24. flat roofed boathouses and boatports will be required to satisfy twice the required side yard setback Rationale a) the roof of a flat roofed boathouse or boatport is capable of being used as a sundeck and therefore the potential for conflicts at the shoreline between neighbours is increased Existing Front Yard Development 25. legal non-complying dwellings and sleeping cabins will be excluded from the shoreline activity area coverage calculation 26. proposed additions to legal noncomplying dwellings and sleeping cabins will be included in shoreline activity area coverage and shall not exceed half of the permitted coverage (illustration #6) 27. additions to legal non-complying dwellings and cabins will be permitted as-of-right, provided they do not further reduce the setback from the ordinary water s edge and do not exceed the height of the existing structure a) lots containing dwellings and cabins that legally existed prior to the passing of the by-law should not be restricted from having the amount of shoreline development permitted by the by-law a) additions to legal non-complying dwellings and sleeping cabins should be permitted provided their size is limited b) the shoreline activity area coverage should not be completely allocated to a dwelling addition and sufficient allowance should be retained in order to permit shoreline structures a) additions to legal non-complying dwellings and cabins should be permitted if they satisfy the height and setback criteria of an exempting provision because they are also constrained horizontally by shoreline activity area provisions (i.e., <25% of shoreline or 23m), and by coverage (i.e., <20% of the shoreline activity area coverage) November 6, 2000 Revised November 28, 2000 and February 13,

9 Recommendation 28. the replacement and enlargement of a legal non-complying dwellings and cabins within the shoreline activity area will be permitted as-ofright, provided that: the use has not been abandoned the new structure, if a replacement, does not exceed the volume and dimensions of the previous structure the setback is not further reduced any increased coverage beyond that occupied by the legal noncomplying structure may not exceed half of the permitted shoreline activity area coverage (i.e., 20%), and the height of the new structure does not exceed the height of the original legal non-complying structure Rationale a) ideally, a voluntary replacement should be required to satisfy yard requirements, but the effect of such replacement would be the same as a replacement related to unintended destruction or an unsafe structure, which are commonly recognized in by-laws as justification for replacement b) voluntary replacements are difficult to distinguish from partial or incremental reconstruction; therefore, managing as-ofright voluntary replacements avoids potential legal challenges concerning what constitutes a replacement and incremental construction that may result in a similar, yet less desirable end product Other The surveying community no longer uses use of the term high water mark, but rather water s edge, which changes with current levels. What is needed for zoning purposes is a term and definition that establishes a relatively static line and elevation that is easily applied. Ordinary Water s Edge is recommended as a term for reference when applying zone provisions for lots that front on the water. Its definition will have two parts. The first part will apply to lakes with MNR control structures. The second part, for uncontrolled waterbodies, is similar to the definition used in the past to identify the high water mark. (illustrations #10 and #11) (An Information Sheet was sent to Muskoka surveyors for input) November 6, 2000 Revised November 28, 2000 and February 13,

10 ILLUSTRATIONS By-law Discussion Paper #1 Shoreline Provisions - Residential Lot June, 2000

11 Shoreline Activity Area Illustration #1 Meandering Path (H.24) Stream Natural Vegetative Buffer (H.23) Cottage 15 metres 20 metre Building Setback Gazebo Ordinary Water s Edge Beach Area A Type 1 Fish Habitat Area B Dock Outside of Type 1 Boathouse Fish Habitat (D.101) Notes: Shoreline Activity Area = Area A + Area B = <25% & <23m of shoreline (H.22) Shoreline Activity Area bounded by parallel lines from water s edge to required setback from water s edge maximum of two activity areas per lot

12 Shoreline Activity Area Lakes at Capacity, Category 3 Lakes & Sensitive Lake Trout Lakes Illustration #2 Area A Cottage Gazebo 30 metre 15 metres Building Setback Meandering Path (H.24) (D.21 & 102) Stream (D.12, 21, & 102) Area B Type 1 Fish Habitat Ordinary Water s Edge Beach Boathouse Outside of Type 1 Fish Habitat (D.101) Dock Shoreline Activity Area = Area A + Area B

13 Shoreline Activity Area Parallel Line Boundaries Illustration #3 Shoreline Activity Area 20 metre setback from Ordinary Water s Edge A Ordinary Waters Edge B Notes: the lines extending from the water s edge to the setback shall generally be parallel the back line of an activity area located on a point shall be a line measured back the required setback distance from the water s edge at the front of the activity area (see A) the angle at which the parallel lines intersect the water s edge is at the discretion of the landowner, provided other applicable setback can be satisfied (see B)

14 Shoreline Activity Area Frontage Illustration #4 Stream Mouth Small Bay A Fallen Tree Rock Breakwater Lot Frontage Dock Boulders B Notes: Shoreline Activity Area Frontage is the maximum permitted length or percentage of the Lot Frontage Shoreline Activity Area Frontage is the distance along the actual shoreline, excepting minor structural or natural variations (sum of line segments shown in the illustration) Lot Frontage is usually measured as the closest linear distance between the points at which the side lot lines intersect the ordinary water s edge (distance between A and B)

15 Side Yard Requirements Illustration #5 Original Shoreline Road Allowance Flat Roof Boathouse Straight Line Projection Lot Line Dock 9m Setback 20m Boatport 4.5m Setback Boathouse Notes: boathouses, boatports and docks to be set back 4.5 metres from lot line or straight line projection of lot line straight line projection to extend a maximum distance of 20m from the water s edge flat roof boathouses require double the side yard

16 Shoreline Activity Area Coverage Existing Dwelling Shoreline Activity Area Boundary Illustration #6 Addition - F Pumphouse-A Stairs Paths Shed - E Gazebo-D Docks-B Double Boathouse-C Notes: SAA coverage shall not exceed 40% coverage = area(a+b+c+d+e+f)/saa frontage*20 SAA coverage to exclude legal non-complying dwellings, sleeping cabins, stairs and landings additions to non-complying dwellings shall be less than half of the SAA coverage (<20%)

17 Maximum Height Illustration #7 About a a 15 current max. to peak % 25% Flat Sloped A-Frame

18 Boathouse Height Illustration #8 Half height between top of wall and roof ridge Elevation of Ordinary Water s Edge Current Water Level Boathouse Height Note: The permitted boathouse height is determined by adding or subtracting the difference between the current elevation and the elevation of the ordinary water s edge to the maximum permitted height in the by-law.

19 Maximum permitted height (half the height as measured between the top of the wall and the roof ridge) Maximum Height Two Slip Boathouse Example 17 3 total height 12 roof ridge Illustration # top of wall dock elevation of Ordinary Water s Edge 31

20 Terms Related to Water Levels Illustration #10 Flood Elevation Elevation of Normal Water s Edge Current Water Level Flood Line Ordinary Water s Edge Water s Edge Notes: Flood Elevation and Flood Line are based on a regional storm event (Timmins Storm) or a probability of occurrence (e.g., 1 in 20 year or 1 in 100 year) Ordinary Water s Edge and its corresponding elevation are based on the controlled summer elevation on lakes with MNR control structures or a mark at the shore where vegetation differs based on water tolerance Current Water Level and the Water s Edge fluctuate

21 Setbacks from Ordinary Water s Edge Illustration #11 20m Setback Elevation of Ordinary Water s Edge Current Water Level Water s Edge Ordinary Water s Edge Notes: Water s Edge and Ordinary Water s Edge will be nearly in the same horizontal location where the land falls sharply to the water Where shorelands are relatively flat and current levels are low, survey instruments may be necessary to establish the location of the Ordinary Water s Edge for setback purposes