Building By-Law Excerpts

WHITESTONE BY-LAW EXCERPTS

This is a short synopsis of some of the Bylaws pertaining to buildings or structures. For more information, download the full Building By-Law No. 32-2015 or the Zoning By-Law No. 07-2018.

3.26    Frontage on Public Road or Street

No person shall erect any building or structure in any zone unless the lot upon which such building or structure is to be erected fronts upon an open public highway maintained year-round by the Municipality or public authority, except in:

a)         A Waterfront Zone, a seasonal dwelling unit may front on a navigable waterway subject to the Limited Services provisions of this By-law and any applicable private road agreements and further provided that the right-of-way does not exceed one kilometre in length;

b)         A Rural (RU) zone, a hunting camp provided there is legal access to the subject lands;

c)         A Commercial or Industrial Zone, the lot may front upon a private road or right-of-way having a minimum width of 20 metres;

d)         In a Rural (RU), Rural Industrial (RUI) or Rural Residential (RR) Zone, a dwelling may front upon a private road, registered right-of-way or unassumed road allowance subject to the Limited Services provisions of this by-law and provided that the access is adequate for year round access and there are agreements in place to indemnify the Municipality from any responsibility or liability for the maintenance of the road.

3.25    Flood Elevations

The access openings to habitation areas and the habitation areas of new buildings and structures shall be above a minimum elevation for the following lakes:

a)    Gooseneck Lake:  1.44 metres above the top of the outlet dam;

b)    Kashegaba Lake:  1.45 metres above the top of the outlet dam;

c)    Wahwashkesh Lake:  229.57 metres above sea level

2.86      Height:  means, when used with reference to a building, the vertical distance between the grade at the front of a building and, in the case of:

a)         a flat roof - the highest point of the roof surface or the parapet, whichever is greater;

b)         a mansard roof - the deck roof line;

c)         a gable, hip or gambrel roof - the mean distance between the eaves and the ridge; and,

d)         an "A"-frame construction - one and one half times the mean distance between the eaves and the ridge.

3.23      Extensions of Existing Buildings Encroaching Upon Yards

Notwithstanding the yard provisions of this By-law, the extension of any legal non-conforming building which has less than the required yard requirements is allowed, provided that such extension does not further contravene the yard provisions of this By-law.

3.15      Coverage Maximums - Residential

Notwithstanding the maximum lot coverages and all other applicable requirements, a main dwelling unit on all residential lots will be subject to a maximum lot coverage of 500 square metres.

3.17      Decks

Notwithstanding the yard and setback provisions of this By-law, an open air detached accessory deck on a lot zoned for residential use may be located in the front yard, if the total area of the deck does not exceed 14 square metres and if the floor of the deck is no more than 2.0 metres above the grade of the land over which it is located.

3.46      Mobile Homes

No person shall erect, locate or use any mobile home or homes except in accordance with the Ontario Building Code Act and provided that they are located on permanently fixed foundations.

3.68      Temporary Uses

In all zones, except the Environmental Protection (EP) Zone and the Flood Plain (FP) Zone to which this By-law applies, a temporary accessory building or structure is a permitted use where such a building or structure is incidental to the construction of a main building or structure permitted by this By-law.  Such a temporary accessory building or structure shall only be permitted while the work is in progress, or until the work is completed, and for a time period which shall not exceed three years.

3.19      Dock Regulations

No person shall use land adjacent to, or on a navigable waterway or over the Crown lake bed for the purpose of a dock or docks unless the following provisions are met:

a)         A dock or wharf permitted under Section 3.03(c) hereof shall not:

i)          occupy more than 35% of the lot frontage; and

ii)          occupy more than 1% of the total lot area or 100 square metres, whichever is lesser.;

iii)         exceed 20 metres in total perpendicular length; or

iv)         be located closer to the side lot line;

-         than 6 metres for a lot created after January 1, 2000;

-         than 4 metres for a lot having a frontage greater than 30 metres and less than 60 metres; and

-         two metres for a lot or block with less than 30 metres of frontage; and

v)         any dock regulations shall apply to the extension of the side lot line up to 20 metres in to the water.

b)         a dock located on a lot zoned residential use is an accessory structure that is incidental to the main dwelling on the lot and shall not be constructed unless:

i)          there is a main dwelling on the lot;

ii)          a temporary or conditional building permit has been issued for the dock; or

iii)         the lot is a water access lot.

c)         any dock(s) or wharf located in a waterway less than 30 metres in width shall be oriented so that it causes any boat, when docked, to be approximately parallel to the centre line of the waterway adjacent to the dock.

d)         no dock shall extend more than 25 percent of the total distance across the adjacent waterway measured from shoreline to shoreline, or a maximum of 15 metres whichever is the lesser.

e)         the dock is setback from the side lot line  two metres including the extension of the side lot line into the water for up to 20 metres.

f)          ramps, stairs or walkways leading to docks shall not be considered part of the dock.

3.35      Hunt Camps

                 Hunt camps are permitted in the Rural (RU) Zone subject to the following:

(a)        a minimum floor area of 10m²;

(b)        a maximum lot coverage of 50 square metres;

(c)        a maximum height of 5 metres;

(d)        hunt camp must be a minimum of 100 metres from an existing dwelling or public road;

                            (e)        only where a building permit for a dwelling unit is not available; and

                            (f)        the provision of municipal road services on unopened road allowances or private

                                       rights- of-way will not be available.