BEING A BY-LAW to amend By-Law No. 2821-15 as amended, the Zoning By-Law for the Municipality of Wawa to establish regulations with respect to in-water uses and structures.
WHEREAS the Council of The Corporation of the Municipality of Wawa is empowered to pass by-laws to regulate the use of land pursuant to Section 34 of the Planning Act, 1990, as amended;
AND WHEREAS case law in the Province of Ontario supports the use of zoning controls over Crown land, waterbodies and land covered by water;
AND WHEREAS the Council of The Corporation of the Municipality of Wawa deems it advisable to amend By-Law No. 2821-15;
NOWTHEREFORE the Council of The Corporation of the Municipality of Wawa enacts as follows:
1. Section 1.1 is hereby amended by adding the following at the end of the sentence: Which shall include Crown lands, waterbodies and lands covered by water;
2. Section 3 is hereby amended by deleting the definition of “Dock” and replacing it with the following new definition:
Means a permanent or seasonal accessory structure without roof or walls and located at the water’s edge projecting outward into a waterbody for the primary purpose of mooring boats and watercraft and providing access to shore. A dock is not a vessel or watercraft and shall not be affixed with a boat motor.
3. Section 4 is hereby amended by adding the following new sub-sections after sub-section 4.28:
4.29 Crown Land
Existing authorized uses undertaken by individuals or private corporations on Crown land including land covered by water shall be recognized and permitted by this By-Law and shall be permitted to expand only on the original land area authorized by the Crown for such use.
a) Docks and in-water facilities such as a boat lift, personal water craft port or swim raft are permitted uses provided such structures are located on private lands which extend to the water’s edge and are occupied by a lawful principle use.
b) Notwithstanding a), such facilities may be constructed on or appurtenant to a shore road abutting a lot occupied by a lawful principle use.
c) Docks and in-water facilities for private uses shall not be constructed on lands zoned Crown Land (CL) or Open Space (OS) abutting a waterbody, unless authorized under the Public Lands Act and/or the Municipality.
d) Docks and in-water facilities shall maintain a minimum 3 metre setback from the straight-line projection outward into the waterbody of any interior lot line.
4. In all other respects the provision of By-Law No. 2821-15 shall apply.
5. This By-Law shall come into effect upon the date of passage hereof, subject to the provisions of Section 34 (30) and (31) of the Planning Act (Ontario).
6. That the Mayor and Clerk be and are hereby authorized to execute this By-Law and to affix the corporate seal thereto.