While touring the shores of Georgian Bay, you may pass by a lot of islands. Perhaps even, as they say, 30,000 of them. Frequently, one sees an island or building lot that is uninhabited which might be for sale, and think: why not build there? The island is large, though narrow, maybe not a lot of elevation, but otherwise appears ideal. Let’s get started! Right?
Even though a property may be remote, chances are it will still be located within a municipality that has an applicable Zoning Bylaw. This is regardless of water or roadway access. These bylaws can be tricky: limits on how close a structure can be located to a property line, or shoreline, can diminish the potential locations of a structure. Also, Bylaws can dictate maximum building area constructed on site as a multiple of the lot area (both coverage of the site and gross floor area) while also enforcing how the area is distributed (minimums for the ground floor vs. second floor). But wait, there is more!
During the previous century, there was concern about water access and use of lakes and rivers by the general public; the ‘Shoreline Roadway Allowance’ was created to ensure that people could find and leave bodies of water when they needed to. As a result a 66’ allowance, measured from the high-water mark, follows the waterfront of most properties in the province (but not all), creating an additional area that cannot be utilized for building. There are many disappointed property owners who have discovered that the deck, bunky, or boathouse sitting out front is not actually on their land. And yet, there is more again…
Regional Conservation Authorities (for example in Toronto the TRCA) have broad jurisdiction, and limited oversight. They have the authority, on short notice, to review a property and determine that a particular feature or site attribute needs to be protected. They also have mapping not available elsewhere, that may spell out existing restrictions on your property. These restrictions can be organized due to specific vegetation or animals present on site, but usually are more focussed on the protection of watersheds, bank erosion, and wetlands. Conservation Authorities often restrict buildable area where flooding is possible, citing issues of soil permeability and potential damage to structures. Is that all? No.
An important part of building next to the water is managing waste. Water quality is always a concern for Municipalities, ensuring that septic systems are functioning properly and not draining into waterways. This has become an area of considerable scrutiny, generating many restrictions. Ultimately, according to the Building Code, a septic tank can be a minimum 1.5M from a dwelling but a leaching bed must be located a minimum 5M from a dwelling, and 15M from a waterway. As well, Geotechnical analysis is generally required to confirm that the soil is suitable for the intended task. In short, the tank and leaching bed should be planned for from the beginning of the project, as they can impact where a building can fit. It kind of stinks, I know.
There is a silver lining to these issues: there are many properties out there that can be built on, if you know how to plan for it. Many people get scared off by these issues, leaving excellent properties behind thinking they can’t be utilized. There is almost always a way to make use of a building site, and sometimes the different solutions are what makes a project unique and interesting. Thinking of purchasing a new cottage property?
Give us a call, and tell us about your vision; we’ll help you design that island retreat.