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):

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


Proposed zoning by-law changes related to buildings within 30m setback from water

I recently received an email regarding proposed changes to the zoning by-law related to buildings located within the 30m setback from the water.  A summary of the issue can be found on the website of the Sydenham Lake Association:

The following documents explain the issue well including the concerns of cottagers/residents with properties in the affected zone. Essentially, the concern is that a “housekeeping” change will in fact prevent owners with “grandfathered” structures from changing their buildings in any way which involves removing a wall and would make it easier to extinguish grandfathered rights if a wall were removed.  Read the attachments….

Friends and Neighbours

HouskeepingReportToCofW2016 copy (1)

Peter, President NSOLA

Update on Bedford/Salmon Lake Road Culverts

Mark Segsworth, Public Works Manager at the Township, recently provided me with the following update on the status of the Bedford and Salmon Lake Road culverts:

Bedford Road Culvert
The intention is to reline the culvert under Bedford Road commencing after July 1. This project has already been tendered and awarded.  The relining of the culvert should take about two weeks. We will be informed when the Township gets the construction schedule from the contractor.

Salmon Lake Road Culvert
Design is being finalized and tender in May at the latest. It is our intention to have the successful contractor mobilize towards the end of August with construction commencing after Labour Day.

Peter, President NSOLA

New culvert planned between Holleford and Desert Lakes?

Larry Showler of Frontenac Outfitters has been informed that, in addition to the culverts at Bedford and Salmon Lake Roads (North and South Otter Lakes), the Township may also be planning to replace the culvert(s) between Holleford and Desert Lakes.  These culvert were installed in 1989 apparently, replacing what was a bridge.  According to Larry, all of these culverts vastly reduced water flow between the two lakes. Holleford’s lake water quality has consequently deteriorated substantially during the 26 years since.  Moreover, as Larry states, “this culvert along with the Rothwell/ North Otter Lake culvert and the North/ South Otter Lake(s) culvert block/ hinder a paddlesports/ small watercraft waterway, which extends to three Provincial Parks (Frontenac/ Charleston & Murphy’s Lake) and beyond north to Ottawa via the Rideau Systems and south to Lake Ontario and the Thousand Islands. The potential to attract and promote environmentally responsible tourism to our region is overwhelming, while still protecting landowners rights and privacy. The above facts alone should provide ‘the powers to be’ with enough incentive to ensure these 3- crossings are completed professionally with an eye towards the future!”

Ben Chabot, our Park Superintendent, has written to say that he also supports the enhancement of paddling opportunities within South Frontenac Township “as this can significantly contribute to the overall success of the tourism industry within this region.” As he notes, “the route from South Otter, through Rothwell/Holleford/Desert is often used by both park visitors and those not visiting the park. If we are able to improve and expand on these paddling opportunities I feel that the Frontenac area could become an excellent paddle sports destination if we consider their needs during planning and development. I encourage everyone to consider this opportunity when planning for the future as it could benefit the local region in a positive manner.”