FREQUENTLY
ASKED QUESTIONS:
Q:
When is a land severance (consent) required?
A: The
Planning Act requires that a land severance, or Consent, be
obtained whenever a landowner wishes to convey away part of
their land as either a separate lot, a lot addition to a
neighbour's property, or a right-of-way/easement.
In the Township of Lake of Bays, you must obtain the
consent from the Committee of Adjustment.
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Q:
How do I know if my property is under the new Development Permit
By-law (04-180) or the Comprehensive Zoning By-law (04-181)?
A:
The new Development Permit By-law applies to the waterfront
areas in the Township. Generally, if your property is on a
lake it is within the "Waterfront" area, and it will fall
under the jurisdiction of this by-law. If your property is
well away from a lake, or is within the boundaries of any of the
communities of Baysville, Dorset, Dwight or Hillside, it is
within the "Rural" or "Community" area and is
under the jurisdiction of the Comprehensive Zoning By-law.
To be sure, visit the mapping (schedule) sections for each
by-law (see light blue column on the right side of this page and
click on appropriate by-law) and whichever shows your property
in colour, that is the by-law that applies.
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Q:
When is a by-law amendment required?
A:
All properties within the Township of Lake of Bays fall under
the jurisdiction of either the Development Permit By-law
(04-180) for the "Waterfront" area, or under the Comprehensive
Zoning By-law (04-181) for the "Rural" or "Community" areas.
Both of these documents enable the Township to control the use
of land, buildings and structures, and in the case of the
Development Permit By-law, regulate the removal of shoreline
vegetation. Both by-laws implement the policies of the
Township's Official Plan by dividing the Township into
Designations (Development Permit By-law) or Zones (Comprehensive
Zoning By-law). Each designation or zone delineates and
regulates uses and sets out the required development standards
such as location, height or size.
A by-law amendment may be
required when a property owner wishes to establish a use which
is not already permitted, or make changes to one or more
development standards in the applicable designation or zone.
Permission to amend either by-law must be obtained from the
Council of the Township. Regarding the Development Permit
By-law, depending upon the amount and type of change a landowner
wishes to make, it may be necessary to apply for a "Council
Variation" instead.
Prior to applying for an
amendment, landowners are encouraged to pre-consult with the
Planning Department.
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Q:
When is a minor variance required?
A:
The Planning Act requires that a minor variance be obtained
whenever you wish to construct, renovate, or alter a building or
structure in any way that does not meet the requirements of the
Township's Zoning By-law (does not apply to the Development
Permit By-law). For example, if you wish to build an
addition onto the side of your house which comes as close as 10
feet to the side lot line and the Zoning By-law requires a 15
foot setback, a minor variance would be required. A minor
variance is also required if you wish to expand or change a use
that is considered "legal non-conforming". In the Township
of Lake of Bays, you must receive approval for minor variances
from the Township's Committee of Adjustment.
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Q:
When is a Development Permit required?
A:
If a property falls under the jurisdiction of
the Development
Permit By-law (04-180), generally a Development Permit is
required when removing vegetation or altering the land within
66 ft or 100 ft of the water's edge, depending upon the lake the
property is located on. Section 4.84 of the Development
Permit By-law contains a table that lists situations where a
Development Permit is required. If a landowner is
uncertain whether a permit is required for their proposed
project, they can submit an inquiry to the Planning Department
for their advice.
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Q:
When are site plans required?
A:
A site plan agreement is a legal document that may include a
site plan sketch and details exactly how future development will
occur on the property. The agreement is entered into
between a property owner and the Township and is registered on
the title of the property.
The Township requires that a site
plan approval be obtained whenever you wish to develop a
residential property that contains sensitive resource features
or various development constraints (i.e. steep slopes or flood
prone areas) Any commercial or industrial development within the
Township also requires a site plan approval which must be
reviewed by Council.
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