St. Joseph Island Comprehensive Zoning By-law (Township of Hilton)
Hilton, Ontario
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St. Joseph Island Zoning By-law
Comprehensive Zoning By-law for:
Township of Hilton
Final
August 2011
2
TABLE OF CONTENTS
PREAMBLE
1
INTRODUCTION
1
PURPO SE OF THIS ZONING BY-LAW
1
HOW TO USE THIS BY-LAW
2
DESCRIPTION OF BY-LAW COMPONENTS
3
SECTION 1.0 - INTERPRETATION AND ADMINISTRATION
6
1.1
TITLE
6
1.2
CONFORMITY AND COMPLIANCE WITH BY-LAW
6
1.3
BUILDING PERMITS AND CERTIFICATIONS OF OCCUPANCY
6
1.4
INTERPRETATION
6
1.5
ENFORCEMENT
6
1.6
SEVERABILITY
7
1.7
EFFECTIVE DATE
7
1.8
REPEAL OF FORMER BY-LAWS
7
SECTION 2.0 - ESTABLISHMENT OF ZONES
8
2.1
ZONES
8
2.2
ZONE SYMBOLS
8
2.3
ZONE SCHEDULES
9
2.4
DETERMINING ZONE BOUNDARIES
9
2.5
EXCEPTION ZONES
9
2.6
HOLDING PROVISIONS
10
2.7
TEMPORARY USE BY-LAWS
10
2.8
DEFINITIONS
10
SECTION 3.0 - DEFINITIONS
11
SECTION 4.0 - GENERAL PROVISIONS
36
4.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
36
4.2
APARTMENT DWELLING UNIT ACCESSORY
TO A SINGLE DETACHED DWELLING
37
4.3
APARTMENT DWELLING UNIT ACCESSORY TO A COMMERCIAL USE
38
4.4
NUMBER OF DWELLING UNITS PER LOT
38
4.5
ENCROACHMENTS INTO REQUIRED YARDS
38
4.6
EXCEPTIONS TO HEIGHT REQUIREMENTS
38
3
4.7
FRONTAGE ON A PUBLIC STREET
39
4.8
FRONTAGE ON A PRIVATE STREET
39
4.9
HOME INDUSTRY
39
4.10
HOME OCCUPATIONS
40
4.11
MINIMUM OPENING ELEVATION
40
4.12
MULTIPLE USES ON ONE LOT
40
4.13
MULTIPLE ZONES ON ONE LOT
40
4.14
NON-COMPLYING BUILDINGS AND STRUCTURES
40
4.15
NON-COMPLYING LOTS
41
4.16
NON-CONFORMING USES
41
4.17
PROHIBITED USES
42
4.18
PUBLIC USES
42
4.19
SIGHT TRIANGLE
43
4.20
SPECIAL SETBACKS
43
4.22
TEMPORARY USES
44
4.23
UNITS OF MEASUREMENT
45
SECTION 5.0 - PARKING AND LOADING
46
5.1
PARKING AREA REQUIREMENTS
46
5.2
SIZE OF PARKING SPACES AND AISLE
46
5.3
LOCATION OF USE AND PARKING
46
5.4
MORE THAN ON USE ON A LOT
46
5.5
PARKING AREA LOCATION ON A LOT
47
5.6
PARKING OF COMMERCIAL MOTOR VEHICLES
47
5.7
PARKING OF BOAT TRAILERS
47
5.8
RESIDENTIAL PARKING REQUIREMENTS
47
5.9
NON-RESIDENTIAL PARKING REQUIREMENTS
48
5.10
REQUIRED PARKING FOR THE DISABLED
49
5.11
LOADING SPACE REQUIREMENTS
49
SECTION 6.0 PERMITTED USES
51
6.1
ZONES
51
SECTION 7.0 - ZONE STANDARDS
57
7.1
ZONES
57
SECTION 8.0 - EXCEPTIONS
63
SECTION 9 - ENACTMENT
65
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
1
PREAMBLE
INTRODUCTION
These pages explain the purpose of this zoning by-law and how it should be used. These pages
do not form part of the zoning by-law passed by Council and are intended only to make the
zoning by-law more understandable and easier to reference.
PURPOSE OF THIS ZONING BY-LAW
The purpose of this zoning by-law is to implement the policies of the St. Joseph Island Official
Plan. The Official Plan contains general policies that affect the use of land throughout the
Township. These policies specify where certain land uses are permitted and, in some instances,
specify what regulations should apply to the development of certain lands.
The Official Plan is a general document that is not intended to regulate every aspect of the built-
form on a private lot. In the Province of Ontario, this is the role of the zoning by-law. Once an
Official Plan is in effect, any Zoning By-law passed by Council must conform to the Official Plan.
For example, if the Official Plan stated that lands in the vicinity of a significant natural feature are
to remain in their natural state, the zoning by-law would prohibit the erection of buildings or
structures on those lands.
The Ontario Planning Act grants the statutory authority to Zone land. The Planning Act specifies
what a by-law can regulate. A zoning by-law can:
-
prohibit the use of land or buildings for any use that is not specifically permitted by the by-
law;
-
prohibit the erection or siting of buildings and structures on a lot except in locations
permitted by the by-law;
-
regulate the type of construction and the height, bulk, location, size, floor area, spacing,
and use of buildings or structures;
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regulate the minimum frontage and depth of a parcel of land;
-
regulate the proportion of a lot that any building or structure may occupy;
-
regulate the minimum elevation of doors, windows or other openings in buildings or
structures;
-
require parking and loading facilities be provided and maintained for a purpose permitted
by the by-law; and,
-
prohibit the use of lands and the erection of buildings or structures on land that is:
-
subject to flooding;
-
the site of steep slopes;
-
rocky, low-lying, marshy or unstable;
-
contaminated;
-
a sensitive groundwater recharge area or head water area;
-
the location of a sensitive aquifer;
ST. JOSEPH ISLAND ZONING BY-LAW
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a significant wildlife habitat area, wetland, woodland, ravine, valley or area of natural
and scientific interest;
-
a significant corridor or shoreline of a lake, river or stream; or,
-
the site of a significant archaeological resource.
HOW TO USE THIS BY-LAW
In order to reference this by-law most easily, a property owner should follow each of the steps
listed below to determine what permissions apply to their particular property.
1.
Locate the Property on a Map
Maps in a zoning by-law are called 'Schedules'. The first step to using this by-law is to refer to
the Zone schedules that are contained at the back of the by-law to determine in which Zone
category your property is located. The Zone category will be indicated on the schedules by a
symbol or abbreviation. For example, you may see a symbol such as "R1" associated with your
property. This would indicate that your property is within the 'Residential One Zone'. The Zone
symbols or abbreviations are explained in Section 2 of the by-law.
Section 2 also provides assistance to help you identify the Zone boundaries on the schedules.
For example, if your property appears close to a Zone boundary and you are not sure how to
determine exactly where that boundary is located, refer to Section 2.4 of the by-law.
2.
By-law Amendments
A zoning by-law is not a static document; it is amended over time as policies governing land use
change. Before proceeding any further, you should verify that your property is not the subject of
an earlier zoning by-law amendment. Some of these amendments are listed in Section 8 of this
by-law. More recent amendments may not be included in the version of the by-law you are using.
Staff will be able to assist you to confirm if your property has been subject to a more recent
zoning by-law amendment.
3.
Permitted Uses
The next step to using this by-law is to determine what uses are permitted on your property.
Section 6.0 of the by-law identifies the permitted uses for each Zone in the Township. The
definitions in Section 3.0 can assist you if you are not sure of the nature of a use or how it has
been defined for the purposes of this by-law. Words that are defined in Section 3.0 are italicized
throughout the by-law. If a word is not italicized, it is not specifically defined. Uses that are not
identified as permitted uses within a particular Zone are not permitted in that Zone.
4.
Zone Standards
Steps 1 and 2 have now identified the Zone in which your property is located and have identified
what uses are permitted on your property. The next step is to determine what standards may
apply to the uses on your property. Section 7.0 of the by-law identifies the Zone standards for
ST. JOSEPH ISLAND ZONING BY-LAW
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each Zone in the Township. This section will provide standards for minimum lot area, minimum
frontage requirements, minimum yard requirements, maximum lot coverage for buildings, and the
maximum permitted height of buildings.
5.
General Provisions
Now that your are aware of the uses permitted on your property and the specific Zone standards
that apply to those uses, reference should be made to Section 4.0 of this by-law. Section 4.0
contains a more generic set of standards known as 'General Provisions' that apply to all
properties in all Zones throughout the Township. For example, the general provisions contain
standards that regulate the construction of accessory structures, height exceptions and non-
conforming/non-complying uses that apply to all properties regardless of where in the Township a
property is located.
6.
Parking and Loading
Section 5.0 provides the parking and loading requirements for all permitted uses in the Township.
If you are considering changing the use of your property or adding a new use to your property,
you should review Section 5.0 to ensure that you are aware of the parking requirements for the
proposed use.
DESCRIPTION OF BY-LAW COMPONENTS
This By-law contains nine sections that together, provide the standards applicable to all lands
within the Township. These sections are as follows:
Section 1 - Interpretation and Administration
Section 2 - Establishment of Zones
Section 3 - Definitions
Section 4 - General Provisions
Section 5 - Parking and Loading
Section 6 - Permitted Uses
Section 7 - Zone Standards
Section 8 - Exceptions
Section 9 - Enactment
The purpose of each of these sections is described below.
SECTION 1.0 - INTERPRETATION AND ADMINISTRATION
This section of the By-law specifies:
-
what lands are covered by the by-law;
-
that every parcel of land in the area covered by the by-law is to conform and comply with
the by-law; and,
ST. JOSEPH ISLAND ZONING BY-LAW
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-
what penalties can be levied against a person or a corporation if they contravene any
provision in the by-law.
SECTION 2.0 - ESTABLISHMENT OF ZONES
This section establishes the Zones that apply to the lands covered by the by-law. This section
also describes how to determine the location of the Zone boundaries on the schedules.
SECTION 3.0 - DEFINITIONS
It is necessary to define words in a zoning by-law because it is a legal document. A by-law must
be drafted so that it can be enforced in a Court of Law. These definitions will help provide clarity
in the by-law and ensure that the by-law and its intent are applied consistently.
SECTION 4.0 - GENERAL PROVISIONS
This section contains a number of regulations that apply to certain types of uses, buildings or
structures regardless of where in the Township or in what Zone they are located.
SECTION 5.0 - PARKING AND LOADING
Parking and loading facilities are required for almost all uses within the Township. This section
provides the requirements for these facilities including such regulations as the number of spaces
required for all uses, minimum driveway width, minimum parking space size and the location of
parking facilities on a lot.
SECTION 6.0 - PERMITTED USES
This section lists the uses that are permitted in each Zone. The effect of these Zones is to only
permit certain uses in various parts of the Township. The only uses permitted in a Zone are
those that are specified in the by-law. If a use is not specifically mentioned as a permitted use in
a Zone then it is not permitted. Similarly, if a use is defined in Section 3.0 of the by-law but does
not appear as a permitted use in any Zone, then it is not a use permitted by the by-law.
SECTION 7.0 - ZONE STANDARDS
This section contains a number of regulations that control the placement, bulk and height of a
building on a lot. This includes regulations such as minimum lot size, minimum frontage,
maximum building height, setbacks from property lines or the maximum coverage of a building on
a lot.
SECTION 8.0 - EXCEPTIONS
This section contains regulations that are specific to one property or a group of properties in the
Township. For example, the minimum front yard in a Zone is 8.0 metres. The required front yard
may be reduced to a lesser number if deemed appropriate and the mechanism to accomplish this
ST. JOSEPH ISLAND ZONING BY-LAW
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reduction is by amending the By-law and excepting the property from the general standard.
Exceptions to this by-law are provided in a consolidated list in Section 8. Exceptions are denoted
on the Zone Schedules by a hyphen as well as a number following the zone abbreviation (e.g.
RU-1). The number is a reference to find the specific exception in Section 8.
SECTION 9.0 - ENACTMENT
This section contains the signatures of the Reeve and the Clerk who signed the by-law when it
was passed by Council in accordance with Section 34 of the Planning Act, R.S.O. 1990, c.P. 13.
ST. JOSEPH ISLAND ZONING BY-LAW
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SECTION 1.0
INTERPRETATION AND ADMINISTRATION
1.1
TITLE
This By-law may be referred to as the "Township of Hilton Zoning By-law" and
applies to all lands within the Township of Hilton.
1.2
CONFORMITY AND COMPLIANCE WITH BY-LAW
No person shall change the use of any building, structure or land or erect or use
any building or structure or occupy any land or building except in accordance
with the provisions of this By-law.
Any use not specifically permitted by this By-law shall not be permitted in the
Township of Hilton.
In addition, no person shall use any land or locate any building or structure such
that the uses, buildings or structures on other lands would no longer comply with
the provisions of this By-law.
1.3
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
The requirements of this By-law must be met before a building permit is issued
for the erection, addition to or alteration of any building or structure.
1.4
INTERPRETATION
Nothing in this By-law shall serve to relieve any person from any obligation to
comply with the requirements of any other By-law of the Township of Hilton or
any other requirement of the Province of Ontario or Government of Canada that
may affect the use of lands, buildings or structures in the Township.
1.5
ENFORCEMENT
Any person convicted of a violation of this By-law is liable, on first conviction to a
fine of not more than $25,000 and on the subsequent conviction to a fine of not
more than $10,000 for each day or part thereof upon which the contravention has
continued after the day on which the person was first convicted.
Any Corporation convicted of a violation of this By-law is liable, on first conviction
to a fine of not more than $50,000 and on a subsequent conviction to a fine of not
ST. JOSEPH ISLAND ZONING BY-LAW
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more than $25,000 for each day or part thereof upon which the contravention has
continued after the day on which the corporation was first convicted.
1.6
SEVERABILITY
A decision of a court that one or more of the provisions of this By-law are invalid
in whole or in part does not affect the validity, effectiveness or enforceability of
the other provisions or parts of the provisions of this By-law.
1.7
EFFECTIVE DATE
This By-law shall come into force the day it was passed if no appeals are
received. If an appeal(s) is received, this By-law, or portions thereof, shall come
into force upon the approval of the Ontario Municipal Board and in accordance
with the provisions of the Planning Act as amended.
1.8
REPEAL OF FORMER BY-LAWS
By-law No. 401 of the Township of Hilton and all Amendments thereto are hereby
repealed.
ST. JOSEPH ISLAND ZONING BY-LAW
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SECTION 2.0
ESTABLISHMENT OF ZONES
2.1
ZONES
The Provisions of this By-law apply to all lands within the limits of the Township
of Hilton. All lands in the Township are contained within one or more of the
following Zones:
ZONE
SYMBOL
Environmental and Open Space Zones
Environmental Protection
EP
Open Space
OS
Residential Zones
Shoreline Residential
SR
Limited Service Residential
LSR
Residential One
R1
Residential Two
R2
Commercial and Employment Zones
General Commercial
GC
Highway Commercial
HC
Business Park
BP
Rural Industrial
M1
Rural and Recreational Zones
Rural
RU
Major Recreation
MR
Extractive Industrial
MX
Other Zones
Institutional
I
Waste Disposal
WD
2.2
ZONE SYMBOLS
ST. JOSEPH ISLAND ZONING BY-LAW
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The Zone symbols may be used to refer to lots, buildings and structures and to
the use of lots, buildings and structures permitted by this By-law.
2.3
ZONE SCHEDULES
The Zones and Zone boundaries are shown on Schedules A1, A2, A3, B, C, D
that are attached to and form part of this By-law.
2.4
DETERMINING ZONE BOUNDARIES
When determining the boundary of any Zone as shown on any Schedule forming
part of this By-law, the following provisions shall apply:
i)
a boundary indicated as following a highway, street, lane, utility corridor
or watercourse shall be the centre-line of such highway, street, lane,
railway right-of-way, utility corridor or watercourse;
ii)
a boundary indicated as following a shoreline shall follow such shoreline,
and in the event of change in the shoreline, the boundary shall be
construed as moving with the actual shoreline;
iii)
a boundary indicated as substantially following lot lines shown on a
registered Plan of Subdivision or municipal boundaries shall follow such
lot lines;
iv)
where a boundary is indicated as running substantially parallel to a street
line and the distance from the street line is not indicated, the boundary
shall be deemed to be parallel to such a street line and the distance from
the street line shall be determined according to the scale shown on the
Schedule;
v)
where a lot falls into two or more Zones the Zone boundary dividing the
lot shall be deemed to be a lot line for purposes of calculating required
setbacks, and each portion of the lot shall be used in accordance with
the provisions of this By-law for the applicable Zone; and,
vi)
where none of the above provisions apply, the Zone boundary shall be
scaled from the Schedule(s).
2.5
EXCEPTION ZONES
Where a Zone symbol on the attached schedule(s) is followed by one or more
numbers following the dash (-) symbol, such as SR-1, the numbers following the
dash (-) symbol refer to subsections in Section 8.0 (Exceptions) of this By-law
that apply to the lands noted.
ST. JOSEPH ISLAND ZONING BY-LAW
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2.6
HOLDING PROVISIONS
Notwithstanding any other provision in this By-law, where a Zone symbol is
followed by the letter (H), no person shall use the land to which the letter (H)
applies for any use other than the use which existed on the date this By-law was
passed, until the (H) is removed in accordance with the provisions of this section,
policies of the Official Plan and the Planning Act, as amended.
2.6.1
Site Specific or Area-Specific Holding Provisions
2.6.1.1
Lands adjacent to open or closed waste disposal sites
The Holding provision applying to lands within 500 metres of the property
boundary of an open waste disposal site or to lands within 500 metres of the
boundary of the fill area of a closed waste disposal site may be lifted once
Council is satisfied that the proposed use will be compatible with the waste
disposal site in accordance with Section C7 of the Official Plan.
2.7
TEMPORARY USE PERMISSIONS
Temporary use permissions may be granted in accordance with Section 39 of the
Planning Act.
2.8
DEFINITIONS
For the convenience of the reader, all terms that are italicized in this By-law are
defined in Section 3.0 of this By-law.
ST. JOSEPH ISLAND ZONING BY-LAW
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SECTION 3.0
DEFINITIONS
ACCESSORY APARTMENT DWELLING UNIT
Means a secondary dwelling unit in a building containing a detached dwelling and which is
accessory to the principal use of the lot.
ACCESSORY BUILDING OR STRUCTURE
Means a detached building or structure, the use of which is naturally and normally incidental to,
subordinate to, or exclusively devoted to, the principal use or main building on the same lot.
ACCESSORY USE
Means a use that is naturally and normally incidental to, subordinate to, or exclusively devoted to,
the principal use on the same lot.
ADULT ENTERTAINMENT ESTABLISHMENT
Means premises or part thereof in which is provided services of which a principle feature or
characteristic is the nudity or partial nudity of any person.
AGRICULTURAL BUILDING
Means a building or structure, other than a barn, that is used to store agricultural equipment
and/or to grow specialty crops and/or from which agricultural products are sold and includes a
greenhouse.
AGRICULTURAL SUPPORT USE
Means premises used for the storing, blending and distributing agricultural support products such
as fertilizers, feed, seed and chemicals related to agricultural uses.
AGRICULTURAL USE
Means the use of land for the growing, producing, keeping or harvesting of farm products.
AGRICULTURAL USE, INTENSIVE
Means the use of land for the purpose of raising livestock such as poultry or cattle and may
include a feedlot.
ST. JOSEPH ISLAND ZONING BY-LAW
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AGRICULTURAL USE, SPECIALIZED
Means lands where specialty crops such as fruit crops, ginseng, vegetable crops, greenhouse
crops and crops from agriculturally developed organic soil lands are predominantly grown, usually
resulting from:
-
soils that have suitability to produce specialty crops, or lands that are subject to special
climatic conditions, or a combination of both; and/or
-
a combination of farmers skilled in the production of specialty crops, and of capital
investment in related facilities to produce, store or process specialty crops.
A specialized agricultural use may also consist of a market garden where the products of a
specialized agricultural use grown on the lot are sold.
AIRPORT
Means an area of land used for the landing, storing and taking off of aircraft and their passengers
and/or freight and may include, as accessory uses, ticket offices, restaurants, parcel shipping
facilities, customs offices, business offices and retail stores.
ALTERATION
Means any modification to the structural component of a building that results in a change of use,
or any increase or decrease in the volume or floor area of a building or structure.
ASSEMBLY HALL
Means premises used for the gathering together of a number of persons for charitable, civic,
cultural, educational, fraternal, political, recreational, social or like purposes, and may include
facilities for the consumption of food or drink, but not for any commercial purpose. This shall not
exclude temporary events such as craft sales, bake sales, auctions and similar activities.
BALCONY
Means a partially enclosed platform projecting from the main wall of a building which is not
supported by vertical uprights other than the wall itself and which is only accessible from within
the building.
BARN
Means a building that is designed to shelter domestic farm animals.
BED AND BREAKFAST ESTABLISHMENT
Means a part of a dwelling unit in which not more than three bedrooms are used or maintained for
the accommodation of the traveling public, in which the owner of the dwelling unit supplies
ST. JOSEPH ISLAND ZONING BY-LAW
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lodgings with or without meals for hire or pay but does not include a group home, tourist
establishment or hotel.
BOARDING HOUSE
Means a dwelling unit, containing not more than ten guest rooms which are maintained for the
accommodation of the public, in which the owner or lessee supplies, for hire or gain, lodgings with
or without meals for three or more persons but does not include any other establishment
otherwise defined or classified in this By-law.
BOARDING KENNEL
Means premises where more than four dogs are boarded and/or groomed as a commercial
service or are kept for the purpose of breeding.
BOATHOUSE
Means a detached accessory building or structure which is designed or used for the sheltering of
watercraft and watercraft related equipment but does not include open walkways or uncovered
docking facilities.
BUILDING
Means any structure consisting of any combination of a wall, roof and floor, or a structural system
serving the function thereof, including all associated works, fixtures and service systems.
BUILDING, MAIN
Means a building that functions as the building in which the principle use of the lot is carried out.
BUILDING SUPPLY OUTLET
Means premises where building, construction and home improvement materials are offered or
kept for retail sale.
BULK FUEL DEPOT
Means premises where petroleum, gasoline, fuel, oil, gas or flammable liquid or fluid is stored,
warehoused and/or kept for retail sale.
BUSINESS OFFICE
Means premises used for conducting the affairs of businesses, professions, services, industries,
governments, or like activities, in which the chief product of labour is the processing and/or
storage of information rather than the production and distribution of goods.
ST. JOSEPH ISLAND ZONING BY-LAW
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CAMPGROUND
Means premises consisting of at least five camping sites for the overnight and/or temporary
camping or parking of mobile camper trailers, motorized mobile homes, or tents for recreational or
vacation use and designed for seasonal occupancy only.
CARPORT
Means a building or structure which is not wholly enclosed, and is used for the parking or storage
of one or more motor vehicles.
CAR WASH
Means premises where motor vehicles are washed by hand or mechanical means.
CEMETERY
Means a cemetery or columbarium within the meaning of the Cemeteries Act or the Funeral,
Burial and Cremation Services Act (Ontario), as amended.
COMMERCIAL SCHOOL
Means a school conducted for gain, where students are taught a trade or profession.
COMMERCIAL SELF-STORAGE FACILITY
Means premises used for the temporary storage of household items and seasonal, recreational or
commercial vehicles, boats and trailers in storage areas or lockers, which are generally
accessible by means of individual loading doors.
COMMUNITY CENTRE
Means a building or structure used for community activities.
CONSERVATION USE
Means an area of land that is generally left in its natural state and which is used to preserve,
protect and/or improve components of the natural heritage system and may include, as an
accessory use, hiking trails and/or cross country ski trails, buildings and structures such as nature
interpretation centres and public information centres.
CONTRACTOR'S YARD
Means premises used by a general contractor or builder where equipment and materials are
stored or where a contractor performs occasional assembly work related to work or projects
occurring off-site, but does not include any other yard or establishment otherwise defined or
ST. JOSEPH ISLAND ZONING BY-LAW
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classified herein.
CONVENIENCE STORE
Means premises supplying groceries and other daily household needs to the immediate
surrounding area.
COUNCIL
Means the Municipal Council of the Corporation of the Township of St.Joseph, , Hilton or Jocelyn
or the Incorporated Village of Hilton Beach.
CRAFT SHOP/STUDIO
Means premises in which a handicraft is conducted for gain or profit and may include the sales of
such handicraft.
CROSS COUNTRY SKI FACILITY
Means an area of land with trails used by skiers and which may include, as accessory uses,
restaurants, clubhouses, retail stores selling ski equipment and accessories, fitness centres, a
dwelling unit for an owner/caretaker, and other buildings or structure devoted to the maintenance,
administration and operation of the cross-country ski facility.
DAY NURSERY
Means premises where more than 5 children are provided with temporary care and/or guidance
for a continuous period not exceeding twenty-four hours and are licensed in accordance with the
Day Nurseries Act.
DECK
Means an accessory structure abutting a dwelling with no roof or walls, except for visual partitions
and railings which is constructed on piers or a foundation above-grade and used as an outdoor
living area.
DOCK
Means an accessory structure for the mooring of boats, attached to or forming part of the
mainland or used in conjunction with a use on the mainland.
DRIVEWAY
Means that portion of a lot used to provide vehicular access from a roadway to an off-street
parking or loading area located on the same lot.
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DRY CLEANING DEPOT
Means premise where articles of fabric are dropped off, stored or picked-up by members of the
public, but does not include a dry cleaning establishment.
DRY CLEANING ESTABLISHMENT
Means premises in which articles of fabric are subjected to the process of dry cleaning, dry
dyeing or cleaning in a laundry plant and for the pressing and distribution of any such articles or
goods that have been subjected to any such process.
DWELLING UNIT
Means two or more rooms used or intended for the domestic use of one or more individuals living
as a single housekeeping unit, with cooking, living, sleeping and sanitary facilities, and having a
private entrance from outside the building or from a common hallway or stairway inside or outside
the building.
DWELLING, DETACHED
Means a building containing one dwelling unit.
DWELLING, SEMI-DETACHED
Means a dwelling unit contained within a building containing two dwelling units which are
separated by a common wall dividing the pair of dwellings vertically, in whole or in part, each of
which has an independent entrance, either directly from the outside or through a common
vestibule.
DWELLING, DUPLEX
Means a dwelling unit contained within a building that is divided horizontally into two separate
dwelling units, each of which has an independent entrance either directly from the outside or
through a common vestibule.
DWELLING, MOBILE HOME
Means a dwelling unit contained that is designed to be movable and suitable for permanent or
semi-permanent residence and being not less than 18 metres in length and 3.5 metres in width,
and containing suitable sanitary and food preparation facilities.
DWELLING, MULTIPLE
Means a dwelling unit in a building containing four or more dwelling units, each of which has an
independent entrance directly from the outside or through a common vestibule or common
corridor but does not include a townhouse dwelling.
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DWELLING, TOWNHOUSE
Means a dwelling unit in a building where three or more attached dwelling units are separated by
a common wall dividing the dwellings vertically, in whole or in part, each of which has an
independent entrance, directly from the outside.
DWELLING, TRIPLEX
Means a dwelling unit contained in a building containing three dwelling units, each of which has
an independent entrance either directly from the outside or through a common vestibule.
DYNAMIC BEACH
Means a beach where deposits are 0.3 metres thick or more, 10 metres in width and at least 100
metres in length along a shoreline and where the fetch (the distance the wind blows over the
water) is more than five kilometers.
EMERGENCY SERVICE DEPOT
Means a garage or supply facility that houses emergency personnel, their supplies and vehicles
and shall include an ambulance response facility, fire station or police station.
EQUESTRIAN FACILITY
Means an area of land where three or more horses are boarded and taken out to be ridden by
their owners or rented to others and where horseback-riding lessons may be given. An equestrian
facility may also include an accessory building, which is not a barn, for the purpose of storage
and office space, provided the gross floor area of such building does not exceed 60 m2.
EQUIPMENT SALES AND RENTAL ESTABLISHMENT
Means premises where machinery and equipment are offered or kept for rent, lease or hire under
agreement for compensation, but shall not include any other establishment defined or classified in
this By-law.
FARM IMPLEMENT DEALER
Means premises where predominantly agricultural and agricultural related equipment is repaired,
serviced or sold.
FARM PRODUCE OUTLET
Means premises where fruits, vegetables, maple syrup, honey, meat and dairy products that are
grown or produced on a local farm is sold.
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FARM VEHICLE
Means a licensed or unlicensed motor vehicle that is used to cultivate or harvest farm products
and/or assist in the general operation of an agricultural use, an intensive agricultural use or a
specialized agricultural use
FEEDLOT
Means an area of land within a pen or corral wherein livestock such as cattle, horses, sheep,
goats and/or swine are maintained in close quarters for the purpose of fattening such livestock for
shipment to market.
FIRST STOREY
Means the storey with its floor closest to established grade and having its ceiling more than 1.8
metres above grade.
FLOODPLAIN
Means an area of land that is known to be subject to periodic flooding.
FLOODPROOFING
Means the act of designing or altering buildings and structures so as to reduce or eliminate the
potential for flood damages.
FLOOR AREA, GROSS
Means the aggregate of the floor area measured between the exterior faces of the exterior walls
of the building or structure at the level of each floor, and in the case of a dwelling, excluding any
porches, verandas or sunrooms (unless habitable in all seasons of the year), any basement or
cellar or private garage.
FORESTRY USE
Means an area of land used for the cultivating and harvesting of trees for the purpose of
producing commercial and non-commercial wood products and on which the cutting of wood
harvested from the lot on which the forestry use is located for transport is permitted. For the
purposes of this By-law, a forestry use does not include a saw and/or wood planing mill or a
wood-chipping establishment.
FUNERAL HOME
Means premises that is designed for the purpose of providing funeral services to the public and
includes facilities intended for the preparation of corpses for interment or cremation.
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GARAGE, PRIVATE
Means a detached accessory building or portion of a building containing one or more dwelling
units which is designed or used for the sheltering of a private motor vehicle and/or storage of
household equipment incidental to the principal use of the lot, and which is fully enclosed and
roofed and excludes a carport or other open shelter.
GARDEN SUITE
A temporary, portable premises which functions as a detached dwelling unit accessory to a
residential use. The water supply and septic disposal system for a Garden Suite is provided by
that which is in place for the main dwelling unit on the lot.
GASOLINE ESTABLISHMENT
Means premises where motor vehicle fuels are sold and/or dispensed and may include service
facilities motor vehicles, such as window tinting or car stereo installation but shall not include a
motor vehicle dealership, a motor vehicle repair garage or a motor vehicle service station.
GOLF COURSE
Means a public or private area operated for the purpose of playing golf, and includes such
accessory uses as a restaurant, a retail store that sells golf equipment and accessories, a
dwelling unit for an owner/caretaker, fitness centre and other buildings or structures devoted to
the maintenance and operation of the golf course and may include, as accessory uses, a golf
driving range and a miniature golf facility.
GOLF COURSE, PERSONAL
Means an area used for the purpose of playing golf which is not operated on a commercial,
private membership or share basis. A Personal Golf Course may include accessory buildings or
structures devoted to storage and maintenance.
GOLF DRIVING RANGE
Means an indoor or outdoor public or private facility dedicated to the driving of golf balls from
fixed golf tees.
GRADE
Means the level of the ground adjacent to the outside wall of a building or structure.
GRADE, ESTABLISHED
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Means the average surface elevation at the outside walls of any building or structure, which is
determined by taking the arithmetic mean of the levels of the finished ground surface at each
corner of the building or structure.
GROUP HOME
Means a dwelling unit designed for the accommodation of 3 to 6 persons, exclusive of staff, living
under supervision in a dwelling unit and whom by reason of their emotional, mental, social, or
physical condition or legal status, require a group living arrangement for their well-being. A group
home shall be licensed or approved under an applicable Provincial statute. For the purposes of
this by-law, group homes will be classified either as Group Home A or Group Home B.
GROUP HOME A
Means a group home primarily for persons who have been referred by a hospital, recognized
social services agency or health professional.
GROUP HOME B
Means a group home operated primarily for persons who have been placed on probation,
released on parole, or admitted for correctional purposes.
GUEST CABIN
Means an accessory structure that is not attached to the main dwelling on a lot which is
maintained for the temporary accommodation of an individual or individuals where facilities for
cooking are not provided and which is not a dwelling unit.
HAZARDOUS WASTE
Has the same meaning as in Regulation 347 of the revised Regulation of Ontario.
HEIGHT
Means with reference to a building or structure, the vertical distance measured from the
established grade of such building or structure to:
a)
the highest point of the roof surface or the parapet, whichever is the greater, of a flat roof;
b)
the deckline of a mansard roof;
c)
the mean level between eaves and ridge of a gabled, hip or gambrel roof or other type of
pitched roof;
d)
in case of a structure with no roof, the highest point of the said structure.
Notwithstanding the above, any ornamental roof construction features including towers, steeples
or cupolas, shall not be included in the calculation of height. Mechanical features, such as
structures containing the equipment necessary to control an elevator, are permitted to project a
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maximum of 5.0 metres (16.5 ft) above the highest point of the roof surface, regardless of the
height of the building.
HIGH WATER MARK, ESTABLISHED
The upper most extent that water levels are known to range or are known to achieve naturally on
the shore or bank of a body of water, which has been established by an engineering study or
survey marking a reasonable estimate of the limit of the dynamic beach hazard, or where neither
an engineering study or survey have been done, may be identified by a definitive break in slope
and/or vegetation or soil. Typical features may include a natural line or "mark" impressed on the
bank or shore, indicated by erosion, shelving, changes in soil characteristics, destruction of
terrestrial vegetation, or other distinctive characteristics.
HOBBY FARM
Means an area of land on which a barn, stable or animal shelter may be erected to house
domestic animals kept for recreational purposes or for home consumption by the occupants of a
dwelling on the same lot.
HOME INDUSTRY
Means a small-scale industrial use, such as but not limited to a carpentry shop, a metal working
shop, a welding shop or an electrical shop which is an accessory use to an agricultural use or a
single detached dwelling. For the purpose of this By-law, the repairing of motor vehicles, mobile
homes, boats and/or trailers is not a home industry.
HOME OCCUPATION
Means the use of part of a dwelling unit or accessory building for an occupation or business
activity that results in a product or service and which is clearly secondary to a residential use.
HOSPITAL
Means any institution, building or other premises established for the treatment of persons afflicted
with or suffering from sickness, disease or injury, for the treatment of convalescent or chronically
ill persons that is approved under the Public Hospitals Act as a public hospital.
HOTEL
Means premises that contain rooms that are rented on a temporary basis to the public or dwelling
units, or a combination of both, equipped to be occupied as temporary accommodation for the
public, and which may contain a public dining area, meeting rooms and accessory banquet
facilities.
HUNT CAMP
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Shall mean a building or structure consisting of one or more rooms and may include facilities for
the preparation of food and overnight accommodation on a temporary recreational basis for use
only during the hunting or fishing seasons but shall not include any other establishments or use
as may be defined or classified in this By-law.
INDUSTRIAL USE
Means premises used for the warehousing of goods and materials, the assembly of manufactured
goods, the manufacturing of goods, the repair and servicing of goods and similar uses.
LANDSCAPED OPEN SPACE
Means the open unobstructed space from ground to sky at grade which is suitable for the growth
and maintenance of grass, flowers, bushes and other landscaping and includes any surfaced
walk, patio or similar area but does not include any driveway or ramp, whether surfaced or not,
any curb, retaining wall, parking area or any open space beneath or within any building or
structure.
LANE
Means a public or private thoroughfare which affords only a secondary means of access to
abutting lots and which is not intended for general traffic circulation.
LIBRARY
Means premises containing printed, electronic and pictorial material for public use for purposes of
study, reference and recreation.
LIQUID INDUSTRIAL WASTE
Has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990.
LOADING SPACE
Means an off-street space on the same lot as the building, or contiguous to a group of buildings,
for the temporary parking of a commercial vehicle while loading or unloading merchandise or
materials.
LOT
Means a parcel of land that is registered as a legally conveyable parcel of land in the Registry
Office.
LOT AREA
Means the total horizontal area within the lot lines of a lot.
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LOT, CORNER
Means a lot at the intersection of two or more public streets or upon two parts of the same public
street with such street or streets containing an angle of not more than 135 degrees or a lot upon
which the tangents at the street extremities of the interior side lot lines contain an angle of not
more than 135 degrees. The corner of a lot on a curved corner shall be that point on the street
line nearest the point of intersection of the said tangents.
LOT COVERAGE
Means that percentage of the lot covered by all buildings and structures and shall not include that
portion of such lot area that is occupied by a building or portion thereof that is completely below
grade. Lot coverage in each Zone shall be deemed to apply only to that portion of such lot that is
located within said Zone.
LOT FRONTAGE
Means the horizontal distance between the interior side and/or exterior side lot lines, with such
distance being measured perpendicularly to the line joining the mid-point of the front lot line with
the mid-point of the rear lot line at a point on that line 8.0 metres from the front lot line.
In the case of a lot with no rear lot line, the point where two interior side lot lines intersect shall be
the point from which a line is drawn to the mid-point of the front lot line. In the case of a corner lot
with a daylighting triangle, the exterior side lot line shall be deemed to extend to its hypothetical
point of intersection with the extension of the front lot line for the purposes of calculating lot
frontage.
LOT, INTERIOR
Means a lot situated between adjacent lots and having access to one public street.
LOT LINE, INTERIOR SIDE
Means a lot line, other than a rear lot line that does not abut a public street.
LOT LINE
Means a line delineating any boundary of a lot.
LOT LINE, EXTERIOR SIDE
Means the lot line of a corner lot, other than the front lot line, which divides the lot from a public
street.
LOT LINE, FRONT
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Means the line which divides the lot from the public street, or private street but, in the case of:
a)
a corner lot, the shortest of the lot lines that divides the lot from the public or private
street shall be deemed to be the front lot line;
b)
a corner lot where such lot lines are of equal length and where one lot line abuts a
County road or Provincial highway, the front lot line shall be deemed to be that line which
abuts the County road or Provincial highway;
c)
a corner lot where such lot lines are of equal length and where both lot lines abut a public
street under the same jurisdiction or two private streets, the Corporation may designate
either street line as the front lot line;
d)
a lot that is separated from a public street by a public park and provided the lot is
accessed by a lane, the shortest lot line that abuts the public park shall be deemed to be
the front lot line;
e)
a through lot, the longest of the lot lines which divide the lot from the public or private
streets shall be deemed to be the front lot line. If both such lot lines are of equal length,
the Corporation may designate either street line as the front lot line;
f)
a shoreline lot, the lot line which abuts the water's edge shall be the front lot line;
g)
a shoreline lot that is separated from the water's edge by a shore road, the lot line that
abuts the shore road shall be the front lot line.
LOT LINE, REAR
Means the lot line opposite to, and most distant from, the front lot line.
LOT, THROUGH
Means a lot bounded on opposite sides by a public or private street. However, if the lot qualifies
as being both a corner lot and a through lot, such lot is deemed to be a corner lot for the
purposes of this By-law.
MARINA
Means premises containing docking facilities where watercraft and watercraft accessories are
berthed, stored, serviced, repaired, and kept for sale or rent and which may include facilities for
the sale of marine fuels, lubricants, souvenirs and clothing as well as facilities for watercraft
wastewater pumping.
MARINE FACILITY
An open and non-roofed structure which is attached to or rests upon the ground above and/or
below the high water mark and is used primarily to take a boat into or out of a navigable
waterway, or to moor a boat. This definition includes a launching ramp, boat lift, or dock or any
combination thereof but does not include any building or any boat servicing, repair, or sales
facility.
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MEDICAL OFFICE
Means premises used for the medical, dental, surgical and/or therapeutic treatment of human
beings including clinics operated by a number and\or variety of medical professionals, but does
not include a public or private hospital or office located in the medical professional's residence.
MOTEL
Means commercial premises that contain rooms that may or may not provide private cooking
facilities that are rented on a temporary basis to the public with each room being accessed from
the outside. Accessory uses may include a swimming pool, playground, manager's office and
other similar uses.
MOTOR VEHICLE
Means an automobile, motorcycle, motor-assisted bicycle unless otherwise indicated in the
Highway Traffic Act, as amended, and any other vehicle propelled or driven otherwise than by
human power.
MOTOR VEHICLE BODY SHOP
Means premises used for the painting and/or repairing of the exterior, interior and/or the
undercarriage of motor vehicle bodies.
MOTOR VEHICLE, COMMERCIAL
Means a motor vehicle which is designed for the transport of goods and which is used for
business, employment or commercial purposes.
MOTOR VEHICLE DEALERSHIP
Means premises where a vendor of new or used motor vehicles displays such vehicles for sale or
rent and in conjunction with there may be a motor vehicle repair garage or a motor vehicle body
shop.
MOTOR VEHICLE REPAIR GARAGE
Means premises used for the repairing of motor vehicles.
MOTOR VEHICLE SERVICE STATION
Means premises used for the sale of motor vehicle fuels and which may include the following
accessory uses: the sale of motor vehicle parts and accessories, retail and personal service
uses, motor vehicle rental, the servicing and repairing of motor vehicles.
MOUNTAIN BIKE FACILITY
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Means an area of land with trails used by non-motorized mountain bikes and which may include,
as accessory uses, restaurants, club houses, retail stores selling bike equipment and
accessories, a repair shop, indoor training and coaching facilities, a dwelling unit for an
owner/caretaker and other buildings or structure devoted to the maintenance, administration and
operation of the mountain bike facility.
MUSEUM
Means premises used for the preservation of a collection of paintings and/or other works of art
and/or objects of social history such as buildings or artifacts and/or mechanical scientific and/or
philosophical inventions, instruments, models and/or designs and which may also include
libraries, reading rooms, laboratories and accessory offices.
NATURE INTERPRETATION CENTRE
Means premises in which maps, exhibits and documents are displayed for the purpose of
explaining environmental features and functions to the public.
NAVIGABLE WATERWAY
Means a body of water that is capable of affording reasonable passage of floating vessels of any
description for the purpose of transportation, recreation or commerce.
NON-COMPLYING
Means a lot, building or structure that does not meet the regulations of the Zone in which it is
located as of the date of passing of this By-law.
NON-CONFORMING
Means an existing use or activity of any land, building or structure that is not identified in the list of
permitted uses for the Zone in which it occurs as of the date of passing of this By-law.
NURSERY
Means a lot where the growing of trees, bushes and other plants and flowers for landscaping
purposes is carried out for gain.
NURSING HOME
Means premises in which lodging is provided with or without meals and in addition, provides
nursing or medical care and treatment in accordance with The Nursing Homes Act but does not
include a hospital.
OBNOXIOUS USE
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Means a use which, from its nature or operation, creates a nuisance or is liable to become a
nuisance or offensive by the creation of noise or vibration, or by reason of the emission of gas,
fumes, dust or objectionable odour, or by reason of the matter, waste or other material generated
by the use, and without limiting the generality of the foregoing, shall include any uses which may
be declared to be a noxious or offensive trade or business under the Public Health and Promotion
Act, as amended.
OUTDOOR STORAGE
Means an area of land used in conjunction with a business located within a building or structure
on the same lot, for the storage of goods and materials.
OUTDOOR STORAGE USE
Means an outdoor storage area forming the main use of a lot. For the purposes of this definition,
the outdoor storage of motor vehicles is not considered to be an outdoor storage use.
PARK
Any public open space or recreational area, owned or controlled by the Corporation or by any
Board, Commission or other Authority established under any statute of the Province of Ontario
and may include therein neighbourhood, community, and special parks or areas and may include
one or more athletic fields, indoor recreational facilities, fair grounds, skating rinks or similar uses
as well as related accessory buildings and uses.
PARKING AREA
Means an open area, other than a street, used for the temporary parking of two or more motor
vehicles and available for public use where free, for compensation or as an accommodation for
clients or customers or residents, but does not include the storing of impounded or wrecked
vehicles in a specifically designated area or compound.
PERSONAL SERVICE SHOP
Means premises in which services involving the care of persons or their apparel are offered and
may include a barber shop, a hair dressing shop, a beauty shop, a shoe repair establishment, a
tailor or similar service establishments.
PIT
Means an area of land where unconsolidated gravel, stone, sand, earth, clay, fill or other material
is being removed by means of an excavation to supply materials for construction, industrial or
manufacturing purposes and may include, as an accessory use, facilities for the crushing,
screening, washing as well as the storage of materials such as asphalt and concrete provided
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such storage is licensed by the Ministry of Natural Resources and provided all material is
recycled or reused in construction products.
PLACE OF AMUSEMENT
Means premises that contains facilities that offer games of skill and competition for the
amusement of the public, such as motion simulation rides, virtual reality games, video games,
computer games, laser games and similar types of uses, but does not include casinos or any
other establishment accommodating gambling or gaming activities, wagering or betting, video
lottery and gaming machines or any other similar type of gambling use.
PLACE OF ENTERTAINMENT
Means a motion picture or live theatre, arena, auditorium, planetarium, concert hall and other
similar uses but shall not include an adult entertainment parlour, any use entailing the outdoor
operation or racing of animals or motorized vehicles, a casino or any other establishment
accommodating or providing gambling or gaming activities, wagering or betting, video lottery or
gaming machines, or any other similar type of gambling use.
PLACE OF WORSHIP
Means premises used by a charitable religious group(s) for the practice of religious rites.
PORCH
Means a structure abutting a main wall of a residential building having a roof but with walls that
are generally open and unenclosed.
PORTABLE ASPHALT PLANT
Means equipment that is used to produce asphalt and which is capable of being readily drawn by
a motor vehicle and which is not permanently affixed to the ground.
PREMISES
Means an area of a building occupied or used by a business or enterprise. In a multiple tenancy
building occupied by more that one (1) business, each business area shall be considered a
separate premises. Each individual unit proposed and/or registered in a Plan of Condominium
shall also be considered individual premises.
PRIVATE CLUB
Means premises used as a meeting place by members and guests of members of non-profit and
non-commercial organizations for community, social or cultural purposes. This definition does not
include uses that are normally carried out as a commercial enterprise.
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PRIVATE HOME DAYCARE
Means the accessory use of a dwelling unit for the temporary care and custody of not more than
five children who do not live in the dwelling unit and who are under ten years of age for reward or
compensation for a continuous period not exceeding twenty-four hours.
PRIVATE PARK
Means an open space or recreational area other than a public park, operated on a commercial
and/or private member basis, and which may include areas for hiking and/or horse-riding, beach
areas, picnic areas, tennis courts, lawn bowling greens, outdoor skating rinks, athletic fields and
accessory buildings which may include change rooms, meeting rooms and washrooms.
PUBLIC AUTHORITY
Means any Federal, Provincial or Municipal commission, board, or authority.
PUBLIC PARK
Means any area of land under the jurisdiction of a public authority that is designed and/or
maintained for recreational purposes. Without limiting the generality of the foregoing, a public
park may include municipal parks and playgrounds, swimming pools, beach areas, tennis courts,
bowling greens, arenas, boating facilities, sports fields and ancillary retail uses and regional open
space and recreational uses operated by the Province of Ontario which areas may include a
campground operated by the Province of Ontario.
QUARRY
Means an area of land where consolidated stone is being removed by means of an excavation
process to supply materials for construction, industrial or manufacturing purposes and may
include, as an accessory use, facilities for the crushing, screening, washing as well as the storage
of materials such as asphalt and concrete, provided such storage is licensed by the Ministry of
Natural Resources and provided all material is recycled or reused in construction products.
RECREATIONAL TRAILER OR VEHICLE
Means any vehicle that is suitable for being attached to a motor vehicle for the purpose of being
drawn or is self-propelled, and is capable of being used on a short term recreational basis for
living, sleeping or eating accommodation of human beings and includes a travel trailer, pick-up
camper, motorized camper or tent trailer.
RECYCLING ESTABLISHMENT
Means premises in which used materials are separated and/or processed prior to shipment to
other uses that will use those materials to manufacture new or recycled products.
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REPAIR SHOP
Means premises used primarily for the repair of household articles but shall not include shops for
the repair of internal combustion engines, motor vehicles or other similar uses.
RESERVE
Means a strip of land abutting a public street and owned by the authority having jurisdiction over
such a public street. For the purposes of this By-law, a lot separated from a public street by a
reserve shall be deemed to abut such a public street.
RESTAURANT
Means premises in which the principal business is the preparation and serving of food and
refreshments to the public for consumption at tables within or outside the building and which may
include the preparation of food in a ready-to-consume state for consumption off the premises.
RESTAURANT, TAKE-OUT
Means premises designed and used for the sale of food or refreshments to the public for
consumption off the premises and may include, as an accessory use, a seating area for up to
twelve patrons.
RETAIL STORE
Means premises in which goods, wares, merchandise, substances, articles or things are
displayed, rented or sold directly to the general public.
RETIREMENT HOME
Means premises that provides accommodation primarily to retired persons or couples where each
private bedroom or living unit has a separate private bathroom and separate entrance from a
common hall but where common facilities for the preparation and consumption of food are
provided, and where common lounges, recreation rooms and medical care facilities may also be
provided.
SALVAGE OR WRECKING YARD
Means an area of land where motor vehicles are wrecked or disassembled and resold; a place
where second-hand goods, including waste paper, bottles, automobile tires, clothing, other scrap
materials and salvage are collected to be sorted and a place where used lumber and used
building materials are stored for sale or resale.
SAW AND/OR PLANING MILL
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Means premises where timber is cut, sawed or planed either to finished lumber or as an
intermediary step and may include facilities for the kiln drying of lumber and the sale of such
products to the public.
SCHOOL, PRIVATE
Means premises used as an academic school which secures the major part of its funding from
sources other than government agencies.
SCHOOL, PUBLIC
Means a facility used as an academic school under the jurisdiction of the Algoma District Board of
Education, or other similar Provincially approved educational institution or parochial school
operated on a non-profit basis.
SETBACK
Means the horizontal distance from a lot line or defined physical feature measured at right angles
to such centre line, to the nearest part of any building or structure on the lot.
SIGHT TRIANGLE
Means the triangular space formed by the street lines and a line drawn from a point in one street
line to a point in the other street line, each such point being 9 metres, measured along the street
line from the point of intersection of the street lines. The distance shall be increased to 15.0
metres on Provincial Roads. Where the two street lines do not intersect at a point, the point of
intersection of the street lines shall be deemed to be the intersection of the projection of the street
lines or the intersection of the tangents to the street lines.
STOREY
Means that portion of a building between the surface of a floor and the floor, ceiling or roof
immediately above. Any portion of a building partly below grade level shall be deemed a storey
where it's ceiling is at least 1.8 metres above established grade. Any portion of a storey
exceeding 4.2 metres in height shall be deemed to be an additional storey.
STREET LINE
Means the boundary between a public street and a lot.
STREET, PRIVATE
Means a private right-of-way, lane or road that is used by motor vehicles but is not assumed or
maintained by the Corporation or any other public authority.
STREET, PUBLIC
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Means a roadway that is owned, assumed and maintained by the Corporation or public authority
and for the purposes of this By-law does not include a lane or any private street.
STREET, UNOPENED
Means an original surveyed road allowance that is owned by the Corporation or public authority
but is not assumed or maintained.
STRUCTURE
Means anything that is erected, built or constructed of parts joined together and attached or fixed
permanently to the ground or any other structure. For the purpose of this By-law, a fence that
has a height of 1.8 metres or less, a retaining wall that has a height of 1.0 metre or less, a light
standard and a sign shall be deemed not to be structures.
SWIMMING POOL
Means any body of water located outdoors on privately owned property in which the depth of the
water at any point can exceed 0.8 metres (2.6 feet) and shall include any accessory deck or
support structure, but does not include a body of water associated with an agricultural use, an
intensive agricultural use or a specialized agricultural use.
TENT
Means every kind of temporary shelter for sleeping that is not permanently affixed to the site and
that is capable of being easily moved.
TENT/TRAILER SITE
Means a site in a trailer park or campground that is used for the parking or storing of a trailer or
truck camper or tent.
TOURIST CABIN
Means premises used for accommodation as part of a tourist cabin establishment.
TOURIST CABIN ESTABLISHMENT
Means a tourist establishment comprised of two or more cabins arranged singly or in pairs and
which does not provide cooking facilities.
TOURIST ESTABLISHMENT
Means premises designed for the traveling or vacationing public, and that has facilities for
accommodation and may serve meals or provide kitchen facilities and may furnish equipment,
ST. JOSEPH ISLAND ZONING BY-LAW
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supplies or services to persons for recreational purposes, but does not include a campground or
private park.
TRAILER
Means a vehicle that is at any one time drawn upon a public street by a motor vehicle, but for the
purposes of this By-law, does not include a mobile home dwelling.
TRAILER PARK
Means an area of land used for the temporary or seasonal parking of trailers and/or truck
campers occupied by the traveling or vacationing public.
TRANSFER STATION
Means premises or land authorized by a public authority as a location where garbage or material
for recycling is temporarily collected and stored.
TRANSPORTATION TERMINAL
Means premises in which goods or wares are stored and where trucks are stored, serviced,
repaired and loaded or unloaded.
TRAVEL TRAILER
Means a trailer which is designed to be temporarily utilized for living, shelter and sleeping
accommodation, with or without cooking facilities and which has running gear and towing
equipment that is permanently attached, has a current license and is not permanently affixed to
the ground.
TRUCK CAMPER
Means a unit that is constructed in a manner such that it may be attached to a motor vehicle, as a
separate unit, and is capable of being temporarily utilized for living, sleeping or eating.
USE
Means the purpose for which any portion of a lot, building or structure is designed, arranged,
intended, occupied or maintained
VETERINARY CLINIC
Means premises where a veterinary surgeon treats domestic animals, birds or other livestock and
in which such animals may be boarded.
WAREHOUSE
ST. JOSEPH ISLAND ZONING BY-LAW
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Means premises in which goods or wares are stored and where trucks are stored, loaded or
unloaded.
WASTE
Means ashes, garbage, refuse, domestic waste, industrial waste or municipal refuse and other
such materials as are designated in the regulations of the Environmental Protection Act, as
amended.
WASTE DISPOSAL SITE
Means any land upon, into or through which, a building or structure in which, waste is deposited,
disposed of, handled, stored, transferred, treated or processed and includes any operation
carried out or machinery or equipment used in connection with the depositing, disposal, handling,
storage, transfer, treatment or processing of waste.
WASTE TRANSFER STATION
Means the use of land for the collection of waste into bulk containers for the further transport to a
land fill site, recycling facility or other waste disposal facility.
WAYSIDE PIT
Means a temporary pit or quarry opened and used by a public authority for road construction
purposes and which is not located within the right-of-way of a public street.
WOODCHIPPING ESTABLISHMENT
Means premises in which timber from the same lot or from another location is fed into a wood-
chipping machine for the purpose of producing woodchips and which may include, as an
accessory use, the retail sale of the woodchips to the public.
YARD
Means an open, uncovered space on a lot appurtenant to a building and unoccupied by buildings
or structure except as specifically permitted in this By-law.
YARD, EXTERIOR SIDE
Means the yard of a corner lot extending from the front yard to the rear yard between the exterior
side lot line and the nearest main walls of the main building or structure on the lot.
YARD, FRONT
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Means a yard extending across the full width of the lot between the front lot line and the nearest
main walls of the main building or structure on the lot.
YARD, INTERIOR SIDE
Means a yard other than an exterior side yard that extends from the front yard to the rear yard
between the interior side lot line and the nearest main walls of the main building or structure on
the lot.
YARD, MAXIMUM
Means the maximum distance of a yard from a lot line. In calculating the maximum yard, the
minimum horizontal distance from the respective lot line shall be used.
YARD, MINIMUM REQUIRED
Means the minimum distance of a yard required from a lot line. No part of a required minimum
yard for a building or structure shall be included as part of a required minimum yard for another
building or structure. In calculating minimum required yards, the minimum horizontal distance
from the respective lot lines shall be used.
YARD, REAR
Means a yard extending across the full width of the lot between the rear lot line and the nearest
main walls of the main building or structure on the lot.
ZONE
Means a designated area of land use shown on the Zoning Schedules of this By-law.
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SECTION 4.0
GENERAL PROVISIONS
4.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
Where this By-law provides that land may be used or a building or structure may
be erected or used for a purpose, that purpose may include any detached
accessory buildings, accessory structure or accessory uses located on the same
lot as the primary use to which they are related.
4.1.1
General
provisions
for
detached
accessory
buildings
and
structures in all Zones
4.1.1.1
Uses permitted
No detached accessory building or accessory structure shall be used for human
habitation or an occupation for gain, unless specifically permitted by this By-law.
4.1.2
Provisions for detached accessory buildings and structures in the
SR, LSR, R1, R2 and RU Zones
4.1.2.1
Permitted locations for detached accessory buildings and structures
Unless otherwise specified in this By-law, detached accessory buildings and
structures, except pump houses and boat docks, shall:
a)
Not be located in the front yard. Notwithstanding this provision, a
detached private garage is permitted in the front yard of a lot that abuts a
shoreline provided it is set back a minimum distance equal to the
required front yard for the main building from the front lot line.
b)
Be set back a minimum distance of 2.0 metres (6.5 ft.) from the rear lot
line.
c)
Be set back a minimum distance equal to the required exterior side yard
for the main building from the exterior side lot line.
d)
Be set back a minimum distance of 2.0 metres (6.5 ft.) from the interior
side lot line. Notwithstanding this provision, a detached accessory
building may share a common wall with another detached accessory
building on an abutting lot and no setback from the interior side lot line is
required on that side of the lot.
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e)
Notwithstanding items a) to d), where a lot abuts a shoreline or a
shoreline road allowance, Section 4.21.1 shall apply.
4.1.2.2
Maximum height
The maximum height of any detached accessory building or structure shall be 5.0
metres (16.5 feet). This provision shall not apply to accessory structures in the
RU Zone.
4.1.2.3
Permitted locations for agricultural buildings on lots in the RU Zone with an area
greater than 4 hectares
Notwithstanding Section 4.1.2.1 (a), on lots in the RU Zone with an area greater
than 4 hectares (9.9 acres) agricultural buildings may be located in the front yard
but must comply with the required front yard setback as specified in Table B4.
4.1.2.4
Maximum gross floor area of accessory structures in the RU Zone with an area
The maximum area of an accessory building shall be 111.5 m2 (1,200 sq. ft.) on
lots in the RU Zone which have an area of 1 hectare (2.5 acres) or less, Lots in
the RU Zone with an area greater than 1 hectare (2.5 acres) shall refer to Table
B4 for setback requirements and height.
4.2
APARTMENT DWELLING UNITS ACCESSORY TO A SINGLE
DETACHED DWELLING
Notwithstanding any other provisions of this By-law, one apartment dwelling unit
is permitted in a detached dwelling in any Zone where a detached dwelling is a
permitted use, except in the Shoreline (SR) and Limited Service Residential
(LSR) Zones provided:
a)
the detached dwelling has a gross floor area greater than 110 square
metres (1,185 sq. ft.) exclusive of the apartment dwelling unit;
b)
the minimum floor area of the apartment dwelling unit is 50 square
metres (540 sq. ft.);
c)
the maximum floor area of the apartment dwelling unit is 70 square
metres (750 sq. ft.);
d)
the apartment dwelling unit has a means of egress to the outside that is
separate from any means of egress for another dwelling unit; and,
e)
a window opening in the apartment dwelling unit having an area of 0.30
square metres (3 sq. ft.) is located above grade.
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4.3
APARTMENT DWELLING UNIT ACCESSORY TO A COMMERCIAL
USE
Notwithstanding any other provisions of this By-law, a maximum of two
apartment dwelling units is permitted in the same building as a permitted
commercial use in the General Commercial (GC) and Highway Commercial (CH)
Zones provided:
a)
the floor area of the apartment dwelling units does not exceed 50% of
the gross floor area of the principal use on the lot;
b)
the minimum floor area of the apartment dwelling unit is 50 square
metres (540 sq. ft.);
c)
the maximum floor area of the apartment dwelling unit is 70 square
metres (750 sq. ft.);
d)
the apartment dwelling unit has a means of egress to the outside that is
separate from any means of egress for the commercial use; and,
e)
a window opening in the apartment dwelling unit having an area of 0.30
square metres (3 sq. ft.) is located above grade.
4.4
NUMBER OF DWELLING UNITS PER LOT
Unless otherwise specified by this By-law, no more than one dwelling unit is
permitted on a lot.
4.5
ENCROACHMENTS INTO REQUIRED YARDS
Architectural features such as sills, belt courses, cornices, eaves or gutters,
chimney breasts, pilasters, roof overhangs, stairs and landings used to access a
main building, cantilevered window bays, roofed or unenclosed porches and
balconies and fire escapes may encroach into any required yard a distance of no
more than 1.0 metre (3.3 ft.).
Drop awnings, clothes poles, flagpoles, garden trellises, retaining walls, fences or
other similar accessory structures may be permitted in any required yard.
4.6
EXCEPTIONS TO HEIGHT REQUIREMENTS
The height requirements of this By-law shall not apply to church spires, church
belfries, chimneys, clock towers, radio or television towers or antennas, water
tanks, elevator enclosures, or mechanical penthouses occupying in the
aggregate less than ten percent of the area of the roof of the building on which
they are located, nor shall they apply to monuments, flag poles, silos or other
agricultural buildings.
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4.7
FRONTAGE ON A PUBLIC STREET
Unless otherwise specified by this By-law, no person shall erect any building or
structure and no person shall use any building or structure, lot or parcel unless
the lot or parcel to be so used, or upon which the building is situated or erected
or proposed to be erected, abuts or fronts on a street which is assumed by a
public authority for maintenance purposes or is being constructed pursuant to a
Subdivision Agreement with a public authority. For the purposes of this By-law,
a lot separated from a public street by a reserve shall be deemed to abut such a
public street. This provision shall not apply to island lots or hunt camps or water
access only lots provided such lot is located in the LSR Zone.
4.8
FRONTAGE ON A PRIVATE STREET
Notwithstanding any other provision in this By-law, lots and buildings and
structures that existed on the effective date of this By-law can be used for a
purpose permitted by this By-law provided the lot on which the building or
structure is situated fronts on a private street, or seasonally maintained municipal
road allowance, and is located in the Limited Service Residential (LSR) Zone. In
addition, alterations to such buildings and structures and the replacement of such
buildings or structure are permitted provided the alteration or the replacement
complies with the provisions of this By-law.
4.9
HOME INDUSTRY
Where a home industry is permitted in a Zone, the following provisions shall
apply:
i)
No more than three people may be engaged in the home industry at any
time, including the owner of the premises;
ii)
The gross floor area utilized by the home industry does not exceed a
maximum of 100 square metres (1,076 sq. ft.);
iii)
The home industry shall be clearly secondary to the principal use on the
lot;
iv)
Any accessory outdoor storage area is located in the rear yard and
occupies no more than 100 square metres (1,076 sq. ft.) of lot area;
v)
There is no sale of retail goods not produced as part of the home
industry or directly related to the home industry; and,
vi)
Only currently licensed motor vehicles, associated with the home
industry, are parked or stored on the lot.
ST. JOSEPH ISLAND ZONING BY-LAW
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40
4.10
HOME OCCUPATIONS
Where a home occupation is permitted in a Zone, the following provisions shall
apply:
i)
No more than one employee, in addition to the resident of the dwelling
unit, shall be engaged in the home occupation on the premises;
ii)
No more than 30% of the gross floor area of the dwelling unit or 50% of
an accessory building shall be used for the purpose of the home
occupation;
iii)
There shall be no outdoor storage or display of material or equipment;
iv)
The floor area used for the sale of retail goods shall not exceed 5 square
metres (54 sq. ft.) and such goods shall be limited to those produced as
part of the home occupation or directly related to the home occupation;
and,
v)
The home occupation shall be clearly secondary to the residential use
and shall not change the residential character of the dwelling and lot.
4.11
MINIMUM OPENING ELEVATION
No habitable building located adjacent to Lake Huron or St. Mary's River shall
have any building opening below 178.3 C.G.D.
4.12
MULTIPLE USES ON ONE LOT
Where any building, structure or lot is used for more than one purpose as
provided in Section 6.0 of this By-law, the said building, structure or lot shall
comply with the provisions of this By-law relating to each use. In the case of a
conflict, the more stringent provision shall apply.
4.13
MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one Zone, each portion of the lot shall be
used in accordance with the provisions of this By-law for the applicable Zone.
4.14
NON-COMPLYING BUILDINGS AND STRUCTURES
4.14.1
Enlargement, Repair or Renovation of a Legal Non-Complying
Building or Structure
A legal non-complying building or structure may be enlarged, repaired or
renovated provided that the enlargement, repair or renovation:
ST. JOSEPH ISLAND ZONING BY-LAW
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41
a)
does not further encroach into a required yard;
b)
does not increase the amount of floor area in a required yard;
c)
does not in any other way increase a situation of non-compliance; and,
d)
complies with all other applicable provisions of this By-law.
Notwithstanding, items a, b and c, a legal non-complying dwelling unit which is
located in a required shoreline setback may expand its ground floor area by no
more than 30% of the ground floor area of the dwelling which existed on the date
this By-law was passed, within the required shoreline setback, provided the
enlargement does not cause the existing shoreline setback to be further reduced
and provided the expansion is compliant with all other provisions of this By-law.
This provision shall not apply to permit the expansion of other detached
structures such as boathouses, guest cabins or storage buildings which encroach
into the required shoreline setback.
4.14.2
Non-Compliance as a Result of Expropriation
Notwithstanding any other provision of this By-law, where, as a result of an
acquisition of land by a public authority, such acquisition results in a
contravention of this By-law relating to minimum yards and/or setback, lot
coverage or maximum permitted gross floor area, then the lands so acquired
shall be deemed to continue to form part of the lot upon which the building or
buildings are located in determining compliance with this By-law.
4.15
NON-COMPLYING LOTS
4.15.1
Non-complying Lots
A lot in existence prior to the effective date of this By-law that does not meet the
lot area and/or lot frontage requirements of the applicable Zone, may be used
and buildings thereon may be erected, enlarged, repaired or renovated provided
the use conforms with the By-law and the buildings or structure comply with all of
the other provisions of this By-law and provided the lot has a frontage of at least
5.0 metres (16.5 ft.).
4.15.2
Non-compliance as a Result of Expropriation
Notwithstanding any other provision of this By-law, where, as a result of the
acquisition of part of a lot by a public authority, the lot, after the acquisition, is a
non-complying lot, such non-complying lot may be used for any purpose
permitted by this By-law within the Zone in which the lot is located.
4.16
NON-CONFORMING USES
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
42
No lands shall be used and no building or structure shall be used except in
conformity with the provisions of this By-law unless such use existed before the
date of passing this By-law and provided that it has continued and continues to
be used for such purpose, and that such use, when established, was not contrary
to a By-law passed under Section 34 of the Planning Act, R.S.O 1990, cP. 13 or
a predecessor thereof that was in force at that time.
4.17
PROHIBITED USES
The following uses are prohibited in any Zone:
a)
The use of any trailer for human habitation, except where such trailer is
located in a camping establishment, in a trailer park or in a mobile home
park or is licensed by the Township in accordance with a trailer licensing
by-law.
b)
The use of any motor vehicle for human habitation.
c)
The use of any accessory building or structure or boathouse as a
dwelling unit.
d)
The use of a truck, bus or coach body for human habitation.
e)
The storage of disused rail cars, streetcars, truck bodies or trailers
except where legally permitted by this zoning by-law.
f)
The outdoor storage of partially dismantled motor vehicles or trailers or
motor vehicle or trailer parts, including tires except where legally
permitted by this zoning by-law..
g)
Obnoxious uses.
h)
The manufacturing, refining, rendering or distillation of acid, ammonia,
chlorine, coal, creosote, explosives, fireworks, glue, petroleum or tar.
i)
The bulk storage of industrial chemicals, hazardous waste or liquid
industrial waste as defined under the Environmental Protection Act, as
amended.
The provisions of this section do not apply to waste disposal sites in the Waste
Disposal (WD) Zone.
4.18
PUBLIC USES
The provisions of this By-law shall not apply to prevent the use of any land,
building or structure by any public authority, except for a waste disposal site,
provided that:
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
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i)
Such use building or structure complies with the yard, setback and height
provisions of the Zone in which it is located; and,
ii)
No outdoor storage is permitted unless such outdoor storage is
specifically permitted in the Zone in which the use is located.
Notwithstanding the above provisions, buildings and structure associated with a
public works yard owned by a public authority are exempt from the height
requirements of this By-law.
Nothing in this By-law shall prevent a public authority from providing or using
land as a street nor prevent the installation of a utility main including a water
main, sanitary sewer, storm sewer, gas main, pipeline or overhead or
underground hydro, telephone or other utility supply or communication line.
4.19
SIGHT TRIANGLE
Notwithstanding any other provisions of this By-law, on a corner lot, within the
sight triangle, no building, structure, fence, sign, wall, vegetative planting or
landscaped grade may be greater than 1.0 metre (3.3 ft.) in height.
4.20
SPECIAL SETBACKS
Notwithstanding any other provisions in this By-law, the following special
setbacks shall apply.
4.21.1
Setbacks from Shoreline
In addition to Section 4.11, all buildings or structures shall maintain a minimum
30 metre (100 ft.) setback from the established high water mark of Lake Huron or
St. Mary's River or Twin Lakes. This provision shall not apply to docks or marine
facilities, however a dock or marine facility may not extend inland more than 2.0
metres (6.5 ft.) from the established high water mark.
Notwithstanding the 30 metre (100 ft.) setback specified above, where a vacant
lot in the SR or LSR Zone exists on the date this By-law was passed and is
located between two existing dwellings that encroach into the required 30 metre
(100 ft.) setback in legal non-compliance, the minimum shoreline setback for the
vacant lot shall be the average of the shoreline setbacks of the two abutting lots.
However, Section 4.11 shall still apply and in no case shall the shoreline setback
be less than the minimum rear yard.
4.21.2
Setbacks from Environmental Protection One Zones
No building or structure shall be located within 15 metres (50 ft.) of any
Environmental Protection (EP) Zone. This provision shall not prevent the
ST. JOSEPH ISLAND ZONING BY-LAW
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expansion or replacement of buildings or structures that existed on the effective
date of this By-law within this setback area, provided the expansion or
replacement does not have the effect of reducing the setback from the
Environmental Protection Zone boundary or increasing the volume or floor area
of a building or structure in a minimum required yard. This setback shall also
apply from the top of bank of any natural watercourse not located within an EP
Zone.
4.21.4
Setbacks from Slopes
No building or structure shall be located within 10 metres (33 ft.) of a slope or
embankment that exceeds 33% or 3 to 1. This provision shall also not prevent
the expansion or replacement of buildings or structures that existed on the
effective date of this By-law within this setback area, provided the expansion or
replacement does not have the effect of reducing the setback from the slope or
increasing the volume or floor area of a building or structure in a minimum
required yard.
4.21.5
Setbacks for Group Homes
No group home shall be located any closer than 1,000 metres (3,280 ft.) to any
other group home.
4.21.6
Setbacks for Livestock Facilities
No residential, institutional, commercial, industrial or recreational use, located on
a separate lot and otherwise permitted by this By-law shall be erected or
enlarged unless it complies with the Minimum Distance Separation (MDS I)
formula.
In addition, notwithstanding any other yard or setback provision in this By-law, no
livestock facility shall be erected or enlarged unless it complies with the Minimum
Distance Separation Formula (MDS II).
4.21.7
Setback from Provincial Highways
No building or structure shall be located within 26 metres (85 ft.) of the centerline
of any Provincial highway.
4.22
TEMPORARY USES
The following temporary uses are permitted in all Zones:
i)
A tool shed, construction trailer, scaffold or other building or structure
incidental to construction is permitted in all Zones on a lot where
ST. JOSEPH ISLAND ZONING BY-LAW
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45
construction is taking place provided that a valid building permit is in
effect.
ii)
Where a building permit has been issued for a dwelling unit, a mobile
home or a recreational vehicle may be permitted as a temporary dwelling
in accordance with the Township's by-laws respecting the licensing of
trailers.
4.23
UNITS OF MEASUREMENT
This By-law is deemed to be expressed in Metric units only. Wherever
measurements expressed in Imperial units appear in brackets in this by-law, they
are approximate conversions which are deemed to be for convenience of the
reader only and do not form any part of this by-law.
ST. JOSEPH ISLAND ZONING BY-LAW
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SECTION 5.0
PARKING AND LOADING
5.1
PARKING AREA REQUIREMENTS
When any new development is constructed, when any existing development is
enlarged, or when any use is changed, off-street vehicular parking spaces shall
be provided in accordance with the standards of this By-law. Any parking space
required by this by-law must be available for parking purposes and used
exclusively for that purpose.
5.2
SIZE OF PARKING SPACES AND AISLES
Parking spaces shall have a minimum width of 3.0 metres (10 ft.) and a minimum
length of 6.0 metres (20 ft.). The length of any parking space and the width of
the adjacent aisle shall be in accordance with the following:
Angle of Parking Space with Aisle
Min. Perpendicular Width of Aisle
60 to 90 degrees
5.8 metres (19 ft.)
59 to 45 degrees
5.2 metres (17 ft.)
44 degrees or less
3.6 metres (12 ft.)
Access to a parking area from a public street shall provided by an unobstructed
driveway with a minimum width of 3.0 metres (10 ft.) and a maximum width of 7.5
metres (25 ft.)
5.3
LOCATION OF USE AND PARKING
Parking spaces shall be located on the same lot as the use that requires the
parking, except that parking spaces for a commercial use may be located on a
separate lot used for commercial purposes provided the lot is within 300 metres
(984 ft.) of the lot on which parking for a commercial use is required provided an
agreement pursuant to Section 40 of the Planning Act, R.S.O. 1990 c.P. 13 is
entered into.
5.4
MORE THAN ONE USE ON A LOT
The parking requirements for more than one use on a single lot or for a building
containing more than one use, shall be the sum total of the parking requirements
for each of the component uses, unless otherwise noted.
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5.5
PARKING AREA LOCATION ON A LOT
Notwithstanding any other provisions of this by-law, uncovered surface parking
areas shall be permitted in a required yard provided that:
i)
no parking space shall be permitted on a lot closer to any streetline than
2.0 metres (6.5 ft.);
ii)
no driveway or parking area is permitted within 3.0 metres (10 ft.) of the
boundary of a Residential Zone, if the driveway or parking area is in a
non-residential Zone.
5.6
PARKING OF COMMERCIAL MOTOR VEHICLES
Within any Residential Zone, the owner or occupant of a dwelling unit may use a
parking space for the purposes of parking or storage of licensed commercial
motor vehicles, provided not more than one such motor vehicle exceeds a
capacity of 4,500 kg. (9,900 lb.).
5.7
PARKING OF BOAT TRAILERS
No more than one licensed or operative boat and trailer may be parked out of
doors in the rear or side yard of any lot in the R1 Zone.
5.8
RESIDENTIAL PARKING REQUIREMENTS
The minimum parking requirement for residential uses are as follows:
Type or Nature of Use
Minimum Off-Street Parking Requirements
Accessory Apartment Dwelling
units
- 1 parking space per accessory dwelling unit
Bed and Breakfast
Establishments
- 1 space for every room or each suite used for the
purposes of lodging for the traveling public, in
addition to the required parking for the dwelling
unit
Day Nurseries and Group
Homes
- 1 space for every non-resident staff member in
addition to the required parking for the dwelling
Home Occupation/ Home
Industry
- 1 parking space for an employee in addition to
the parking requirements for the residential use
ST. JOSEPH ISLAND ZONING BY-LAW
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Single, Semi, Duplex Dwellings
- 1 parking space per dwelling unit
Townhouse, Apartment
Dwellings
- 1.5 parking spaces per dwelling unit
Where the minimum number of parking spaces is calculated on the basis of a
rate or ratio, the required number of spaces shall be rounded to the higher whole
number.
5.9
NON-RESIDENTIAL PARKING REQUIREMENTS
The minimum parking requirements for non-residential uses are as follows:
Type or Nature of Use
Minimum Off-Street Parking Requirements
Place of Assembly, Place of
Entertainment
-
the greater of 1 parking space per 4 seat capacity
or 1 parking space per 9 m2 (97 sq. ft.) of gross
floor area
Hospital, Nursing Home,
Retirement Home
- 3 parking spaces for every four beds
Hotel, Motel, Tourist
Establishment, Tourist Cabin
Establishment
- 1 parking space per guest room, plus 1 parking
space per 9.3 m2 (100 sq. ft.) of floor space
devoted to public use, excluding hallways and
washrooms. Plus 1 space for every four persons to
be accommodated according to the maximum
permitted capacity in a restaurant or assemble hall
on the same lot.
Industrial Use
- 1 parking space per 70 m2 (750 sq. ft.) of total floor
area
Marina
- 1 parking space per boat slip
Medical Office
- 3 parking spaces per practitioner
Place of Worship
- 1 parking space per 5.5 m2 (60 sq. ft).of floor area
Restaurant
- the greater of 1 parking space per 9 m2 (100 sq. ft.)
of total floor area or 1 space for every 4 persons to
be accommodated at maximum permitted capacity
Retail Store, Personal
- 1 parking space per 18.5 m2 (200 sq. ft.) of total
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
49
Service Shop and Repair
Shop, Dry cleaning Depot
floor area
School
- the greater of:
- 1 parking spaces per class room;
- 1 parking space per 3 m2 (32 sq. ft.) of floor area
in the gym or auditorium;
Uses permitted by this by-law
other than those listed in this
Table
- 1 parking space per 37 m2 (400 sq. ft.) of total floor
area
5.10
REQUIRED PARKING FOR THE DISABLED
The minimum parking requirements for disabled persons are as shown:
Type of Nature of
Use
No. of Required
Parking spaces
No. of Designated
Spaces
Public or Private,
Commercial or
Industrial Uses
1
to 10
11
to 30
31
to 50
Minimum of 1 space
Minimum of 2 spaces
Minimum of 3 spaces
Hospitals, Medical
Offices,
Nursing/Retirement
Homes
1
to 10
11
to 30
31
to 50
Minimum of 3 space
Minimum of 4 spaces
Minimum of 5 spaces
Each off-street parking space for the disabled shall be a minimum of 6.0 metres
(19.8 ft.) in length, 5.0 metres (16.4 ft.) wide and have a vertical clearance of 3.0
metres (10 ft.).
5.11
LOADING SPACE REQUIREMENTS
When any new non-residential development is constructed, when any existing
non-residential development is enlarged, or when any use is changed, provision
shall be made for off-street vehicular loading spaces as follows:
Gross Floor
Area of Building
Loading Space
278 m2 (3,000 sq. ft.)or less
1 space
279 m2 (3,000 sq. ft.) to
2322 m2 ( 25,000 sq. ft. )
2 spaces
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
50
2323 m2 (24,994 sq. ft.) or
greater
3 spaces plus 1 additional space for each
additional 9290 m2 (100,000 sq. ft) or fraction
thereof in excess of 7432 m2 (80,000 sq. ft. )
In addition, the following provisions apply:
i)
Each loading space shall be a minimum of 9 metres (29.5 ft.) long, 3.5
metres (11.5 ft.) wide and have a vertical clearance of at least 4 metres
(13 ft.).
ii)
Loading spaces must be provided adjacent to the principal use or
building on the same lot as the use or building for which it is required.
Required loading spaces shall be located in the interior side yard or rear
yard.
ii)
Access to a loading space(s) shall be by means of a driveway at least
6.0 metres (20 ft.) wide contained within the lot on which the space(s)
are located and leading to a street or land located within or adjoining the
Commercial or Industrial Zone(s).
iii)
In any Commercial or Industrial Zone, no loading space shall be located
closer than 3 metres (10 ft.) to any interior side lot line or rear lot line that
abuts a Residential Zone.
iv)
Section 5.11 shall not apply to existing businesses located in the GC
Zone unless a business expands its gross floor area by more than 100%.
The loading space requirements of this By-law shall not apply to any building in
existence at the date of passing of this By-law so long as the floor area, as it
existed at such date, is not increased. If an addition is made to the building or
structure that increases the floor area, then additional loading spaces shall be
provided as required by the regulations of this By-law.
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
51
SECTION 6.0
PERMITTED USES
6.1
ZONES
Uses that are permitted in the following Zone categories are identified on the
following Permitted Use Tables:
ZONES
TABLE
Residential Zones
Table A1
Commercial and Industrial Zones
Table A2
Rural and Recreational Zones
Table A3
Other Zones
Table A4
Permitted uses in a Zone are noted by the symbol 'X' in the column for that Zone
corresponding with the row for a specific permitted use. A number or numbers
following the symbol 'X', or following the Zone heading, or following the name of
a permitted use, indicates that one or more special provisions apply to the noted
use or Zone. Special provisions are listed at the end of each table. If a use is
not listed on the table, it is not permitted.
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
52
TABLE A1 - RESIDENTIAL ZONES
PERMITTED USE
R1
R2
RU
SR
LSR
1
Accessory Apartment Dwelling Unit
X
X
2
Bed and Breakfast Establishment
X
X
X
4
Day Nursery
X
X
5
Dwelling, Detached
X
X
X
X
X
6
Dwelling, Semi-Detached
X
7
Dwelling, Duplex
X
8
Dwelling, Multiple
X
9
Dwelling, Townhouse
X
10
Dwelling, Triplex
X
11
Group Home A
X
X
X
12
Home Occupation
X
X
X
X
X
13
Hunt Camp
X
X
14
Private Home Daycare
X
X
X
X
15
Retirement Home
X
Special Provisions
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
53
TABLE A2 - COMMERCIAL AND INDUSTRIAL ZONES
PERMITTED USE
GC
HC
BP
M1
MX
1
Agricultural Support Use
X
X
X
2
Livestock Auction Yard
X
3
Banquet Hall
X
X
4
Building Supply Outlet
X
5
Bulk Fuel Depot
X
X
6
Business Office
X
X
7
Commercial School
X
X
8
Commercial Self-Storage Facility
X
X
9
Contractor's Yard
X
10
Convenience Store
X
X
11
Craft Shop/Studio
X
X
12
Dry Cleaning Depot
X
X
X
13
Equipment Sales and Rental
Establishment
X
X
14
Farm Implement Dealer
X
X
15
Feed and Fertilizer Depot
X
X
16
Financial Institution
X
17
Funeral Home
X
18
Gasoline Sales Establishment
X
19
Hotel
X
X
20
Industrial Use
X
21
Inn
X
X
22
Marina
X
22
Medical Office
X
X
23
Motel
X
X
24
Motor Vehicle Body Shop
X
X
25
Motor Vehicle Dealership
X
26
Motor Vehicle Repair Garage
X
27
Museum
X
28
Personal Service Shop
X
29
Pit
X
30
Place of Amusement
X
X
31
Private Club
X
X
32
Private School
X
X
33
Repair Shop
X
X
34
Restaurant
X
X
35
Retail Store
X
X
X(1)
X(1)
36
Salvage or Wrecking Yard
X
37
Saw and/or Planing Mill
X
38
Transportation Terminal
X
35
Veterinary Clinic
X
X
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
54
36
Warehouse
X
X
37
Woodchipping Establishment
X
Special Provisions
1.
Accessory retail uses are permitted provided they occupy no more than 30% of the gross
floor area of the building and provided retail products are produced on-site or which share
a direct relationship with the primary permitted use.
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
55
TABLE A3 - RURAL AND RECREATIONAL ZONES
PERMITTED USE
RU
MR
1
Accessory Detached Dwelling
X
2
Agricultural Use
X
3
Agricultural Use, Intensive
X
4
Agricultural Use, Specialized
X
5
Bed and Breakfast
Establishment
X
X
6
Campground
X
7
Conservation Use
X
X
8
Cross Country Ski Centre
X
9
Dwelling, Detached
X
10
Dwelling, Duplex
X
11
Dwelling, Semi-detached
X
12
Equestrian Facility
X
13
Farm Produce Outlet
X
14
Forestry Use
X
15
Golf Course
X
16
Golf Driving Range
X
17
Group Home A
X
18
Hobby Farm
X
19
Home Industry
X
20
Home Occupation
X
21
Inn
X
22
Marina
X
23
Maple Syrup Sales and
Processing
X
24
Mountain Bike Facility
X
25
Nature Interpretation Centre
X
X
26
Private Club
X
X
27
Private Home Daycare
X
28
Tourist Cabin Establishment
X
29
Tourist Establishment
X
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
56
TABLE A4 - OTHER ZONES
PERMITTED USE
I
WD
OS
EP
1
Accessory Detached Dwelling
X
2
Agricultural Use
X
X
3
Art Gallery
X
4
Bed and Breakfast
Establishment
X
5
Cemetery
X
6
Community Centre
X
7
Conservation Use
X
X
X
8
Forestry Use
X
X
X
9
Library
X
10
Municipal Office
X
11
Museum
X
12
Nature Interpretation Centre
X
X
13
Park
X
X
14
Place of Worship
X
15
Recycling Establishment
X
16
Retirement Home
X
17
School, Public
X
18
School, Private
X
19
Transfer Station
X
19
Waste Disposal Site
X
20
Waste Transfer Station
X
ST. JOSEPH ISLAND ZONING BY-LAW
(Final Draft)
57
SECTION 7.0
ZONE STANDARDS
7.1
ZONES
Standards for the following Zone categories are identified in the following
Sections:
ZONES
TABLE
Residential Zones
Table B1
Commercial, Industrial and Institutional Zones
Table B2
Minimum Lot Area for Uses in the Rural
and Major Recreation Zones
Table B3
Provisions for Buildings and Structures in the
Rural Zone Except Residential Buildings
Table B4
Environmental/Open Space Zones
Table B5
A number(s) following the Zone standard, Zone heading or the description of the
standard, indicates an additional Zone requirement. These additional standards
are listed at the end of each subsection as special provisions.
ST. JOSEPH ISLAND ZONING BY-LAW
Final
December 3, 2025
TABLE B1
RESIDENTIAL ZONES
ZONE STANDARD
R1
R2
RU
SR
LSR
1
Minimum lot area
675 m2
(7,265 sq. ft. )
1,000 m2
(10,765 sq. ft.)
2 ha
(5 ac.)
1 ha
(2.5 ac.)
1 ha
(2.5 ac.)
2
Minimum lot frontage
15 m (50 ft.)
26 m (85 ft.)
150 m (500 ft.)
45 m (150 ft.)
45 m (150 ft.)
3
Minimum required front yard (1)
6.0 m (20 ft.)
6.0 m (20 ft.)
10.0 m (33 ft.)
10.0 m (33 ft.)
10.0 m (33 ft.)
4
Minimum required exterior side
yard
6.0 m
(20 ft.)
6.0 m
(20 ft.)
8.0 m
(26 ft)
8.0 m
(26 ft.)
8.0 m
(26 ft.)
5
Minimum required interior side yard
2.0 m (6.5 ft.)
3.0 m (10 ft.)
4.5 m (15 ft.)
2.0 m (6.5 ft.)
2.0 m (6.5 ft.)
6
Minimum required rear yard
6.0 m (20 ft.)
6.0 m (20 ft.)
7.5 m (25 ft.)
7.5 m ( 25 ft.)
7.5 m (25 ft.)
7
Minimum dwelling unit area (2)
70 m2
(750 sq. ft.)
70 m2
(750 sq. ft.)
70 m2
(750 sq. ft.)
70 m2
(750 sq. ft.)
70 m2
(750 sq. ft.)
8
Maximum lot coverage
17%
17%
15%
17%
17%
10
Maximum height
10.0 m (33 ft.)
10.0 m (33 ft.)
10.0 m (33 ft.)
10.0 m (33 ft.)
10.0 m (33 ft.)
Special Provisions
1.
All buildings and structures on lots which abut a shoreline shall maintain a minimum 30 metre (100 ft.) setback from the established high
water mark, not including docks.
2.
Hunt Camps shall have a minimum building area of 37m² (400 sq. ft.)
ST. JOSEPH ISLAND ZONING BY-LAW
Final
December 3, 2025
TABLE B2
COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL ZONES
ZONE STANDARDS
GC
HC
MR
BP
M1
MX
WD
I
1
Minimum lot area
600 m2
(6,500 sq. ft.)
8,000 m2
(2 ac.)
10,000 m²
(2.5 ac.)
2,000 m2
(0.5 ac.)
8,000 m2
(2 ac.)
5,000 m2
(1.25 ac.)
10,000 m2
(2.5 ac)
4,000 m2
(1 ac.)
2
Minimum lot frontage
15 m
(50 ft.)
30 m
(100 ft.)
45 m
(150 ft.)
20 m
(66 ft.)
30 m
(100 ft.)
100 m
(330 ft.)
100 m
(330 ft.)
45 m
(150 ft.)
3
Minimum required front yard (1)
1.5 m
(5 ft.)
8.0 m
(26 ft.)
8.0 m
(26 ft.)
8.0 m
(26 ft.)
8.0 m
(26 ft.)
30.0 m
(100 ft.)
30.0 m
(100 ft.)
8.0 m
(26 ft.)
4
Minimum required exterior side
yard
6.0 m
(20 ft. )
8.0 m
(26 ft.)
8.0 m
(26 ft.)
8.0 m
(26 ft.)
8.0 m
(26 ft.)
30.0 m
(100 ft.)
30.0 m
(100 ft.)
8.0 m
(26 ft.)
5
Minimum required interior side
yard
0.0 m (2)
(0.0 ft.)
6.0 m
(20 ft.)
6.0 m
(20 ft.)
3.0 m
(10 ft.)
6.0 m
(20 ft.)
15 m
(50 ft.)
15 m
(50 ft.)
4.5 m
(15 ft.)
6
Minimum rear yard (3)
6.0 m
(20 ft.)
6.0 m
(20 ft.)
8.0 m
(26 ft.)
6.0 m
(20 ft.)
6.0 m
(20 ft.)
30 m
(100 ft.)
30 m
(100 ft.)
8.0 m
(26 ft.)
7
Maximum lot coverage
30%
30%
30%
30%
30%
30%
30%
30%
8
Minimum open space
25%
25%
25%
25%
25%
n/a
n/a
n/a
9
Maximum height
11.0 m
(36 ft.)
11.0 m
(36 ft.)
11.0 m
(36 ft.)
11.0 m
(36 ft.)
11.0 m
(36 ft.)
11.0 m
(36 ft.)
11.0 m
(36 ft.)
11.0 m
(36 ft.)
Special Provisions
1.
All buildings and structures on lots which abut a shoreline shall maintain a minimum 30 metre (100 ft.) setback from the established high
water mark, not including docks.
2.
Where the yard abuts any zone boundary other than GC, the minimum required interior side yard shall be 6.0 metres (20 ft.).
3.
Where the yard abuts the R1 or R2 Zones, the minimum rear yard shall be 10 metres (33 ft.).
ST. JOSEPH ISLAND ZONING BY-LAW
60
December 3, 2025
TABLE B3
MINIMUM LOT AREA FOR USES IN THE RURAL AND MAJOR RECREATION ZONES
PERMITTED USE
AREA REQUIREMENT
Agricultural Use
4.0 ha (9.9 ac.)
Agricultural Use, Intensive
20.0 ha (49 ac.)
Agricultural Use, Specialized
4.0 ha (9.9 ac.)
Bed and Breakfast Establishment
2.0 ha (5 ac.)
Campground
4.0 ha (9.9 ac.)
Conservation Use
2.0 ha (5 ac.)
Cross Country Ski Centre
5.0 ha (12.4 ac.)
Dwelling, Detached
2.0 ha (5 ac.)
Farm Produce Outlet
4.0 ha (9.9 ac.)
Forestry Use
2.0 ha (5 ac.)
Golf Course
20.0 ha (49 ac.)
Golf Driving Range
2.0 ha (5 ac.)
Group Home
2.0 ha (5 ac.)
Hobby Farm
2.0 ha (5 ac.)
Home Industry
3.0 ha (7.4 ac.)
Hunt Camp
2.0 ha (5 ac.)
Kennel
5.0 ha (12.4 ac.)
Mountain Bike Facility
5.0 ha (12.4 ac.)
Nature Interpretation Centre
4.0 ha (9.9 ac.)
Pit
5.0 ha (12.4 ac.)
Private Club
4.0 ha (9.9 ac.)
Private Home Daycare
2.0 ha (5 ac.)
Tourist Cabin Establishment
4.0 ha (9.9 ac.)
Tourist Establishment
4.0 ha (9.9 ac.)
Trailer Park
4.0 ha (9.9 ac.)
ST. JOSEPH ISLAND ZONING BY-LAW
61
December 3, 2025
TABLE B4
PROVISIONS FOR BUILDINGS IN THE RURAL ZONE EXCEPT RESIDENTIAL BUILDINGS
Home
Industry
Boarding
stables, barns,
agricultural
buildings
Veterinary
clinics
Boarding
Kennels
Garages and
Accessory
buildings to a
Residential
Use
Any other
building not
classified in
Table B4
Minimum setback
from front lot line
30.0 m
(100 ft.)
30.0 m
(100 ft.)
100.0 m
(330 ft.)
8.0 m (1)
(26 ft.)
30.0 m
(100 ft.)
Minimum setback
from
exterior side lot
line
15.0 m
(50 ft.)
30.0 m
(100 ft.)
100.0 m
(330 ft.)
8.0 m
(26 ft.)
15.0 m
(50 ft.)
Minimum setback
from interior side
lot line
15.0 m
(50 ft.)
30.0 m
(100 ft.)
100.0 m
(330 ft.)
2.0 m
(6.5 ft.)
15.0 m
(50 ft.)
Minimum
setback from
rear lot line
15.0 m
(50 ft.)
30.0 m
(100 ft.)
100.0 m
(330 ft.)
2.0 m
(6.5 ft.)
15.0 m
(50 ft.)
Maximum
height
6.0 m
(20 ft.)
n/a
6.0 m
(20 ft.)
8.0 m
(26 ft.)
6.0 m
(20 ft.)
Special Provisions
1.
All buildings and structures on lots which abut a shoreline shall maintain a minimum 30 metre (100
ft.) setback from the established high water mark, not including docks.
ST. JOSEPH ISLAND ZONING BY-LAW
62
December 3, 2025
TABLE B5
ENVIRONMENTAL AND OPEN SPACE ZONES
ZONE STANDARD
EP
OS
1
Minimum lot area
n/a
n/a
2
Minimum lot frontage
n/a
n/a
3
Minimum required front yard (1)
8.0 m (26 ft.)
8.0 m (26 ft.)
4
Minimum required exterior side yard
8.0 m (26 ft.)
8.0 m (26 ft.)
5
Minimum required interior side yard
8.0 m (26 ft.)
8.0 m (26 ft.)
6
Minimum rear yard
8.0 m (26 ft.)
8.0 m (26 ft.)
7
Maximum lot coverage
n/a
n/a
8
Minimum open space
n/a
n/a
9
Maximum height
11.0 m (36 ft.)
11.0 m (36 ft.)
Special Provisions
1.
All buildings and structures on lots which abut a shoreline shall maintain a minimum 30 metre (100
ft.) setback from the established high water mark, not including docks.
ST. JOSEPH ISLAND ZONING BY-LAW
63
December 3, 2025
SECTION 8
EXCEPTIONS
TOWNSHIP OF HILTON - October 29, 2025
8.1 WELLHEAD PROTECTION AREAS
Notwithstanding any other provision of this By-law, the provisions in this Section shall apply to
those lands denoted by the number 8.1 on Schedule C to this By-law. All other provisions of this
By-law continue to apply to the lands subject to this Section with the exception that the following
uses are not permitted:
a) Generation and storage of animal manure, hazardous waste or liquid industrial waste;
b) Waste disposal sites and facilities, organic soil conditioning sites and snow storage and
disposal sites;
c) Underground and above-ground storage tanks that are not equipped with an approved
secondary containment device; and,
d) Storage of a contaminant listed in Schedule 3 (Severely Toxic Contaminants) to
Regulation 347 of the revised Regulation of Ontario, 1990.
8.2 PART OF LOT 19, CONCESSION N (By-law 596)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.2 on
Schedule C to this By-law, the Minimum Setback from the Inside Boundary of Original Shore
Road Allowance shall be 0.60 metres. All other provisions of this By-law, unless specifically
modified or amended by this Section, continue to apply to the lands subject to this Section.
8.3 PART OF LOT C, CONCESSION 17 (By-law 658)
Notwithstanding the permitted uses of this By-law, on those lands denoted by the number 8.3 on
Schedule C to this By-law, the following uses shall be permitted:
a)
a commercial plaza where any of the following uses may be permitted:
i. gasoline sales establishment;
ii. convenience stores and convenience commercial uses;
iii. retail stores;
iv. antique shops, craft shops and other tourist related shops;
v. personal service shops; and,
vi. professional offices
ST. JOSEPH ISLAND ZONING BY-LAW
64
December 3, 2025
b)
one accessory detached dwelling
Further more the following Zone Standards shall apply to lands denoted with the number 8.3:
8.3.2 Zone Standards
a)
Total area of commercial building - 371.5 m2
b)
Minimum Front Yard Setback (Commercial Building) - 7.5 metres
c)
Minimum Front Yard Setback (Dwelling) - 10.5 metres
d)
Minimum Front Yard Setback (Dwelling) - 7.5 metres
e)
Minimum Interior Side Yard (Dwelling) - 2.0 metres
f)
Maximum Lot Coverage - 10%
g)
Maximum Height - 4.5 metres
All other provisions of this By-law, unless specifically modified or amended by this Section,
continue to apply to the lands subject to this Section.
8.4 PART OF LOT B, CONCESSION 16 (By-law 587)
Notwithstanding any other provision of this By-law, the provisions in this Section shall apply to
those lands denoted by the number 3 on the Schedules to this By-law. All other provisions of this
By-law, unless specifically modified or amended by this Section, continue to apply to the lands
subject to this Section:
8.4.1 Permitted Uses
The following uses are permitted in addition to all other permitted uses:
a) a golf course, tourist accommodation facilities, cross-country ski facilities and related
accessory uses.
8.5 LOT 8, REGISTERED PLAN H-562 (By-law 811)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.5 on
Schedule C to this By-law, the minimum setback from shoreroad allowance shall be 0 metres. All
other provisions of this By-law, unless specifically modified or amended by this Section, continue
to apply to the lands subject to this Section.
8.6 LOT 32, REGISTERED PLAN 1M-458, PART 5 of 1R-9635 (By-law 951)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.6 on
Schedule C to this By-law, the minimum setback from the original high-water mark shall be 36
feet. All other provisions of this By-law, unless specifically modified or amended by this Section,
continue to apply to the lands subject to this Section.
8.7 LOT 15, REGISTERED PLAN 1M-458, PART 2 OF 1R-9637 (By-law 1030-11)
ST. JOSEPH ISLAND ZONING BY-LAW
65
December 3, 2025
Notwithstanding any other provision of this By-Law, on those lands denoted by the number 8.7 on
Schedule C to this By-law, the non-conforming dwelling unit located on this lot may be expanded
by up to 67 square metres (700 sq. ft) or 80% of the ground floor area of the existing dwelling
unit, provided the enlargement does not cause the existing shoreline setback to be further
reduced. All other provisions of this By-law, unless specifically modified or amended by this
Section continue to apply to the lands subject to this Section.
8.8 PART LOT 10, CONCESSION X, PART 1 OF RP 1R-11055 (By-law 1042-12)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.8 on
Schedule C to this By-law, the existing non-conforming guest cabin located on this lot may be
demolished and reconstructed at a setback of 20 metres (67 feet) from the established high-water
mark. All other provisions of this By-law, unless specifically modified or amended by this Section
continue to apply to the lands subject to this Section.
8.9 LOT 29, REGISTERED PLAN M-261 (By-Law 1056-12)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.9 on
Schedule C to this By-law, the minimum setback from the original high-water mark shall be 27
metres (89 feet). All other provisions of this By-law, unless specifically modified or amended by
this Section, continue to apply to the lands subject to this Section.
8.10 LOT 9 EPT, LOT 10 EPT, CONCESSION W (By-law 1097-14)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.10
on Schedule C to this By-law, the minimum front yard setback shall be 8.5 metres (28 feet). All
other provisions of this By-Law, unless specifically modified or amended by this Section, continue
to apply to the lands subject to this Section.
8.11 LOT 22, REGISTERED PLAN H-597, PART 1 OF 1R9740 (By-law 1108-14)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.11
on Schedule C to this By-law, the minimum from the original high-water mark shall be 24 metres
(80 feet). All other provisions of this By-law, unless specifically modified or amended by this
Section, continue to apply to the lands subject to this Section.
8.12 LOT 13, REGISTERED PLAN 1M-458, PART 5 OF 1R-11031 (By-law1132-15)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.14
on Schedule C to this By-law. All other provisions of this By-Law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section:
8.12.1 Zone Standards
The following specific zone standards apply:
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a) Minimum building setback from established high-water mark - 22.5 metres (74 feet).
8.13 PART LOT 17, CONCESSION 14 (By-law 1169-16)
Notwithstanding the permitted uses of this By-law, on those lands denoted by the number 8.13 on
Schedule C to this By-law, the following uses shall be permitted:
a) Municipal Firehall
8.14 LOT 28, REGISTERED PLAN 1M-458, PART 10 OF 1R-9644 (By-law1174-17)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.14
on Schedule C to this By-law. All other provisions of this By-Law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section:
8.14.1 Zone Standards
The following specific zone standards apply:
a) Minimum building setback from established high-water mark - 26 metres (86 feet).
8.15 PART LOT 7, CONCESSION X, PART 2 OF RP 1R-12179 (By-law 1188-17)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.15
on Schedule C to this By-law, an accessory building used for the storage of miscellaneous
vehicles and equipment. All other provisions of this By-law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section.
8.16 LOT 38, REGISTERED PLAN H-597 (By-law 1189-17)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.16
on Schedule C to this By-law. All other provisions of this By-Law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section:
8.16.1 Zone Standards
The following specific Zone Standards apply to the accessory structure:
a) Minimum front yard setback - 4 metres (13 feet).
b) Maximum height - 6.5 metres (21.5 feet).
8.17 LOT 7, REGISTERED PLAN 1M-477 (By-law 1196-17)
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Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.17
on Schedule C to this By-law, an accessory building used for the storage of miscellaneous
vehicles and equipment. All other provisions of this By-law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section.
8.18 PART LOT 19, CONCESSION M (By-law 1213-18)
Application withdrawn by owner
8.19 PART LOT 1, CONCESSION 17 (By-law 1287-20)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.19
on Schedule C to this By-law, a residential detached dwelling shall be permitted in a Zone HC
(Highway Commercial). All other provisions of this By-law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section.
8.20 PART LOT 18, CONCESSION M, PART 2 OF 1R-10394 (By-law 1294-21)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.20
on Schedule C to this By-law. All other provisions of this By-law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section:
8.20.1 Permitted Uses
The following uses shall be permitted:
a) A private garage used for the storage of miscellaneous vehicles, equipment and
materials prior to the existence of any primary use structures.
8.21 PART LOT 10, CONCESSION X (By-law 1326-22)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.22
on Schedule C to this By-law. All other provisions of this By-Law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section:
8.22 Zone Standards
The following specific zone standards apply:
a) Minimum building setback from established high water mark - 20.5 metres (67 feet).
8.22 LOT 27, REGISTERED PLAN H-597 (By-law 1333-22)
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Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.22
on Schedule C to this By-law. All other provisions of this By-Law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section:
8.22.1 Zone Standards
The following specific zone standards apply:
a) Minimum setback from established high water mark for septic installation 21.5 metres
(approximately 70 feet).
8.23 PART LOT 9, CONCESSION 14, PART 2 OF 1R-11686 (By-law 1335-22)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.23
on Schedule C to this By-law. All other provisions of this By-law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section:
8.23.1 Permitted Uses
a) A storage building used for the sheltering of miscellaneous vehicles, equipment and
materials prior to the existence of any primary use structures.
8.24 LOT 15, REGISTERED PLAN 1M-447 (By-law 1339-22)
Notwithstanding any other provision of this By-law, on those lands denoted by the number 8.24
on Schedule C to this By-law. All other provisions of this By-law, unless specifically modified or
amended by this Section, continue to apply to the lands subject to this Section:
8.24.1 Permitted Uses
The following uses shall be permitted:
a) Minimum setback from established high-water mark for septic installation 23.5 metres
(approximately 77 feet).
8.25 PART LOT 15, CONCESSION L (By-law 1374-23)
Notwithstanding any other provision of this By-law, the provisions in this Section shall apply to
those lands denoted by the number 8.25 on Schedule C to this By-law. All other provisions of this
By-law, unless specifically modified or amended by this Section, continue to apply to the lands
subject to this Section:
8.25.1 Permitted Uses
The following specific zone standards apply:
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a) Minimum lot frontage - 125 metres (approximately 410 feet).
8.26 LOT 13, REGISTERED PLAN H-562 (By-law 1375-23)
Notwithstanding any other provision of this By-law, the provisions in this Section shall apply to
those lands denoted by the number 8.26 on Schedule C to this By-law. All other provisions of this
By-law, unless specifically modified or amended by this Section, continue to apply to the lands
subject to this Section:
8.26.1 Permitted Uses
The following specific zone standards apply:
a) Minimum setback from established high-water mark for septic installation 24 metres
(approximately 78 feet).
8.27 PART LOT 6, CONCESSION X (By-law 1386-23)
Notwithstanding any other provision of this By-law, the provisions in this Section shall apply to
those lands denoted by the number 8.26 on Schedule C to this By-law. All other provisions of this
By-law, unless specifically modified or amended by this Section, continue to apply to the lands
subject to this Section:
8.27.1 Permitted Uses
The following uses shall be permitted:
a) A storage building used for the sheltering of miscellaneous vehicles, equipment and
materials prior to the existence of any primary use structures.
SECTION 9
ENACTMENT
9.1
FORCE AND EFFECT
This By-law shall come into force and effect on the date it is passed by the
Council of the Corporation of the Township of Hilton subject to the applicable
provisions of the Planning Act, R.S.O. 1990, as amended.
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9.2
READINGS BY COUNCIL
This By-law read a first time on the 3rd day of August, 2011.
This By-law read a second time on the 3rd day of August, 2011.
This By-law read a third time and finally passed on the 3rd day of August, 2011.
REEVE/MAYOR: RODNEY WOOD
CLERK: VALERIE OBARYMSKYJ
9.3
CERTIFICATION
I hereby certify that the foregoing is a true copy of Zoning By-law No. 1025-11 as
enacted by the Council of the Corporation of the Township of Hilton, on the 3rd
day of August, 2011.
CLERK: Valerie Obarymskyj