Township passes amendments to zoning by-law affecting existing structures within 30m setback

At its meeting on June 7, 2016 the Township accepted revised recommendations from the Planning Department (after input from the public) in regard to amending two sections of the comprehensive zoning by-law that deal with the issue of “non-complying” existing buildings within the 30 m setback of a waterbody/watercourse.

Section 5.10.2 of the by-law was amended to “clarify” that the “reconstruction” (as opposed to the repair, renovation or strengthening to a safe condition) of a building within the 30m setback is generally prohibited.  New wording was introduced to help with the “interpretation” of this section.  Here’s how it now reads (with the new language in bold text):

“5.10.2  Where a building has been erected prior to the date of passing of this Bylaw on an existing lot and said building has less than the minimum 30 metre (98.4 ft.) setback from the highwater mark of a waterbody or watercourse, then said building may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. Reconstruction of the building is prohibited. In addition, no living space shall be added below grade to any
existing building or structure.

For the purposes of interpreting section 5.10.2, once more than fifty percent of the exterior load-bearing walls of a structure located within the minimum 30 metre setback have been removed, the land is deemed to be vacant and the structure may not be reconstructed within the 30 metre setback.”

Section 5.11, which the Planning Department originally recommended be removed altogether, was left in place, although the sentence permitting replacement of existing buildings as a result of a “demolition permit required by the … Township” has been removed.  Here’s how the section now reads (words in italics are what was removed):

“5.11 REPLACEMENT OF BUILDINGS OR STRUCTURES
A building or structure, including a legal non-conforming and/or legal non-complying building or structure, may be replaced with a new building or structure in the case of partial or complete destruction caused by fire, lightning, explosion, tempest, flood or act of God [removed: or demolition permit required by the Corporation of the Township of South Frontenac or other authority for safety, health or sanitation requirements, providing such building or structure is serviced by a potable water supply and sewage disposal system approved by the appropriate responsible authority]. A building permit will only be issued, in the absence of zoning relief, provided no enlargement of the footprint or increase in gross floor area is proposed and provided the permit is applied for within 12 months of the partial or complete demolition/destruction. The replacement building shall be located on and not increase the footprint or gross floor area of the nonconforming/non complying building. The applicant shall provide proof to the satisfaction of the Chief Building Official that there will be no increase in the size of the building footprint or gross floor area and that the replacement building will be located within the same footprint as the non-conforming/non-complying building. Where applicable, flood proofing and avoidance of erosion hazards should be
considered.”

 

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