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## TOWNSHIP OF JOCELYN
## BY-LAW NO. 699
a Restricted Area (Zoning) by-law.
A by-law to regulate land use within the Township - WHEREAS by Section 35 of the Planning Act, being Revised statutes of Ontario, 1970, Chapter 349, and amendments thereto, spacing and character of buildings to be erected or within the municipality or any defined area thereof;
AND WHEREAS municipal control and regulation over the use of land and the erection and use of buildings, or structures is desirable in the public interest;
AND WHEREAS it is deemed necessary and expedient to pass a by-law to restrict the use which may be made of lands and buildings within the Township of Jocelyn;
THERETORE, the Council of the Township of Jocelyn enacts the following sections and schedules:
sections 1, 2, 3, 6, 7, 7A, 8, 9, 10,, 12, 13, 14, 15, 16, 17. Sy-edu attached heretos, E, of the restricted area (Zoning)
Map Schedules of the restricted are (Zoning) by-law attached hereto as Map Schedule #5.
FURTHER, that By-law No. 692 is hereby resoinded.
READ a first, second and third time and finally passed in open council this 4th. day of June 1979.
## Man: Jaun Heeve
cierk
* * *
SHORT TITLE
SECTION 1
This by-law may be cited as the "Zoning By-law".
1.1
SECTION 2 --- DEFINITIONS
mundatory, id the word may i pa missive.
· In this By-law, unless a contrary intention appears, certain terms or words used herein shall be interpreted as follows: Words used in the present tense include the future tense, and the converse: used in the plural number include the singular The word "shall" is
2.0
Page 36
| "aocessory use or structure" shall mean a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, principal use or structure and shall not include. a permanent or seasonal dwelling. | "agricultural use" shall mean a use of land, buildings or structures for the purpose of farm wood lot operatio leld crops, orchards, market gardening, dalrying' of poultry normally related to agriculture. | "assembly building" shall mean a building designed, used, or intended for the following non-commercial meetings for civic, educational, political, the Court House, and auditorium in a school, or college or educational building, the library, the museum, the lecture hall, the assembly hall and the gymnasium. | "basement" shall mean that portion of a building other than the main floor which is located partly or wholly below finished grade. | "building line-established in a block" shall mean average distance from the street line to the wall of existing buildings in any block where more than one half of the lots have been built upon. | "bullding" shall mean' a structure used for the shelter or accommodation of persons, animals, goods or chattels | "truere Dune or the pee or structure retail buying or selling of goods and/or commodities but shall not include use for (warehousing, whole- saling, manufacturing or assembling of goods or and estetter tuch toat rolan is clearly incidental | "council" shall mean the council of the Iownship of Hilton and/or the council of the Village of Hilton Beach, and/or the council of the Township of Jocelyn, and/or the council of the Township of St. Joseph. | "dwelling unit" shall mean one or more habitable rooms designed, used or intended to be used as a residence for a family and being an independant separate house- keeping establishment in which kitchen, sleeping and sanitary facilities are all provided for the exclusive use of such family. | "dwelling, single family" shall mean a detached building consisting of one dwelling unit, occupied or intended to be occupied as the permanent home or residence of one family. | "erect" shall mean to do anything in the erection, installation or extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere, and erection has a corresponding meaning. |
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| 2.1 | 2.2 | 2.3 | 2.4 | 2.5 | 2.6 | 2.7 | 2.8 | 2.9 | 2.10 | 2.11 |
- 3 -
"existing/ shall mean existing as at the date of the
passing of this By-law.
"family" shall mean one individual, or a group of two or more individuals living together as a family group and interrelated by bonds of consanguinity, marriage or legal adoption, or as spouses within the meaning of the Family Law Reform Act of Ontario, including not more than two roomers or boarders in addition thereto; or a group of not more than four unrelated individuals occupying the same dwelling unit; and any family includes gratuitous guests and domestic servants.
"floor area" shall mean the total area of all floors contained within the exterior dimensions of the outside walls, excluding in the case of dwelling, any private garage, porch, verandah, sunroom, basement, unfinished attic verd cal orto teen to 19t the ceiling of at least 74 feet. (also, see definition 2.36 "useable floor area").
2.13
2:14
"Temporary use" shall mean the use of any land or building not otherwise permitted by this By-law in the Zone in which it is situate, and being a use which Counci: of the Municipality in which the use is situate would not be approved by way of an amendment to this By-law but which Council would be prepared to approve by resolution for a temporary period not exceeding one year, or for such additional period not exceeding one further year as Council would be prepared to approve by resolution upon business to be temporarily carried on while the premises in which such business is to be permanently conducted is being constructed, re-constructed or altered or repaired and the like.
2.15
"arain, prey or"intende to be sed for one store the storage motor vehicles for each dwelling unit to which the garage is accessory.
2.16.
"grade" shall mean the average level of proposed or finished ground adjoining the building at all exterior walls.
2.17
In a Commercial Zone, it shall mean the average elevation or they i wont of the then tach, sie build of thands Where the final elevation of the street is not indicated of the preet 8hof1 be as designated by the Compade Building Inspector.
"habitable room" shall mean any room used or intended to for living, aleeping, cooking or eating purposes
2.18
- 4-
"height" shall mean, when used with reference to a building, the vertical distance between the average elevation of the finished surface of the ground at the front of the building and, the highest point of the roof surface or the parapet, whichever is the greater.
2.19
"home oacupation" shall mean an accessory use which 1 conducted entirely within a dwelling unit by occupant of the said dwelling unit, and
2.20
private residence,
dwelling unit as which does not change the character of the dwellir unit as a private residerice, of which no evidence is apparent from the exterior that such use is conducted therein,
3.
which does not create or become a public nuisance,
4.
in particular in regard to noise, traffic or park-
ing, and which does not ocoupy more than 25% of the total
5.
I. which is clearly secondary to the use of the floor area of the dwelling unit including basement or cellar area used for home ocoupation or as living quarters or 300 square feet, whichever is the lesser.
shall mean a parcel of land desoribed in a registered deed or shown in a registered plan of subconsent Act, including any of its parts that are gubject to a right-of-way or easement.
2.21
"lot coverage" shall mean the combined areas of all buildings the lot measured at ground level and expressed as a percentage of the lot area.
2.22
"lot frontage" shall mean the horizontal distance
between the side lot lines measured along the front
lot line.
For the purpose of determining yard requirements on adjacent to any street shall front lot lines. For seasonal lots, frontage or the front lot line shal be the lot line closest to the water.
2.23
"corner lots" shall mean a lot located at the Intersected street or trees shat be cot adored corner lot if straight lines drawn from the foremost points side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
2.24.1
"interior Iota" shall mean lots having one boundary along a street other than an alley or lane..
2.24.2
<!-- image -->
- 5-.
"through lots" shall mean lots other than corner lots lying between two streets having one boundary on each such street.
2.24.3
than the rear lot line.
"wedge 10t" shall mean a lot having a frontage shorter:
2.24.4
carried on the principal purpose for which the lot is use
"main building" shall mean the building in which is
2.25
"motel, hotel or motor hotel" shall mean a building or a group of buildings made up of a series of units, intended for the temporary accommodation of the travelling publio and containing at least one bedroom, bathroom, and having convenient access to a parking space for the use of occupants, whether or not it contains living accommodation for the proprietor or manager and his or her family.
2.26
"parking space" shall mean a space within a building or parking lot for the parking of one motor vehicle --- 20 feet by 10 feet in area exclusive of areas for driveways, entrances and exits.
2.27
"parking lot" shall mean an open area, other than a street, used for temporary parking of than four motor vehicles and available for public use whether free, for compensation, or as an accommodation for clients and customers.
2.28
Incorporated
corporation, trust,
"persons" shall include an individual, association,
2.29
or agent and
executors, or other legal representatives of a person
to whom the same can apply according to law.
"seasonal residence" shall mean land and buildings thereon in addition to the owner's or occupier'g principal place of residence which are occupied in an intermitent or seasonal basis and to which municipal services are not supplied during the winter months.
2.30
"service shop" means any building or part thereof · domestic appliances and articles are serviced repaired, but excludes any manufacturing, processing or wholesaling thereof; but shall include businesses provide the personal services to meet some general personal needs such as barber shops, tailoring shops, hairdressing establishments, and the like but exclusive of family homes.
2.31
"sign" shall mean any sign, notice, advertising device, or any part thereof whether it contains words or not and includes any device that is used solely to attract attention.
2.32
"street" shall mean a road that is publicly maintained by the municipality or the Ministry of Transportation & Communication and shall not include any lane as shown on any registered plan of subdivision.
2.33
- 6-
"street line" shall mean the boundary line between a
lot and a street.
"structure" shall mean anything constructed or erected
with a fixed location on the ground.
2.35
"useable floor area" shall mean that floor area the following: stairwells, boiler rooms, elevator shalte lavatories, halls or hallways, locker rooms and cloak
2.36
by buildings
"yard" shall mean an open area between a main building
and a lot line, unoccupied and unobstructed
2.37
or structures except as otherwise permitted.
full width of the lot between the front lot line and a
"yard, front" shall mean a yard extending across the
2.38
the front lot line.
line drawn parallel thereto and through the nearest
point of the main building closest to
"yard, rear" shall mean a yard extending across the full width of the lot between the rear lot line and a line drawn parallel thereto and through the nearest point of the main building closest to the rear lot line.
2.39
to a rear yard between a side lot line and a line
"yard, side" shall mean a yard extending from a front
2.40
drawn parallel thereto and through the nearest point of
a main building nearest the side lot line.
provision or permission of electricity, gas, telephone,
"utility" shall mean any facility commonly used for the
2.41
television or telecommunication, water, sewage and the above the ground at the location of the loading area and
"Ioading space" means an area of land having the clearance
2:42
the dimensions required in Schedule I, which is available from vehioles and which has adequate access from a street
and maintained for the loading or unloading of goods such vehicles.
and an adequate turning radius for reasonable use by
2.43
temporary care and custody of children and which fall
under the jurisdiction of The Day Nursery's Act of Ont.
## SECTION 3 ------ GENERAL
## 3.0 Scope of the By-law
structurally tered, and no chemie ball made in building, structure, whole or in part except for those conforming with all
- 7 - 1
of the provisions and schedules herein specified for use of any land or building thereon as or for a " construction office, or tool shed or for the erection or storage of scaffolde, or equipment and material Protest on on lands 01 ng neteet for work progress on such lands so which has neither been completed nor abandoned.
Schedule
3.1
The municipality is divided into zones as shown on the attem togethered port of ter Establishment of Zones
3.2
For the purpose of this by-law the following zones
are hereby established:
Zone R - Residential Zone V - Village centre commercial Zone RC - Resort Commercial .
Zone SC - Service Centre
-
Zone RU - Rural Zone RRA - Resource Recreational Area Zone LI - Light Indust Zone HL - Hazard Iand Zone RC - Rural Commer Zone HC - Highway Commercial General Regulations
3.3
Number of Buildings
3.3.1
Not more than 1 main building, and its accessory building or buildings may be erected on 1 lot.
Where a lot having a lesser frontage or area than that required herein is held under distinct and separate ownership from the adjacent lots at the time of the passing of this by-law as shown by the records of the is approved by. the Medical Officer of Health.
3.3.1.A
## Page
-8- Lote on Public Streets
3.3.2
No lot shall be used, and no building on a lot shall be than 66 feet
хорі вог ота о анонія розная на 66 20
Yards or Open Space
3.3.3
included in calculating or det other i the amount of yard or open space relating to An accessory building shall be governed by the following Accessory Building
3.3.4
regulations:
No accessory building shall exceed the height of the main than 50 feet measured from grade, with
3.3.4.1
the distance pernitted by
No part of any building or structure shall be nearer
the street line than
3.3.4.2
same shall be
may be erected provided that no part of the
B, C & D to this by-law except that an accessory building closer than six feet from any side or rear lot line.
Fences and Hedges
3.3.5
or grown on any lot line and shall be governer Such fences, hedges or shrubbery shall not be more than 3 feet in height above the surface of any adjoining stree or road on any corner lot in any zone when located in the required front yard area or more than 10 feet when located on the side lot line or rear lot line in the side not to be limited traffic.
3.3.5.1
Habitable rooms may be located in the basement of any dwelling provided such rooms do not constitute a separate dwelling unit.
3.3.6
Such a lot
feet.
Lot frontage on a wedge lot - in no case shall the lot
frontage of a wedge lot be less than 70|
3.3.6.1
anim required ront but th long the Non-conforming Uses This by-law is not intended to prevent the use of any land, building, or structure for any purpose prohibited by this by-law If auch land, building or structure was lawfully used for such purpose on the day of the passing of the by-law, so long as it continues to be used for that purpose.
3.3.7
3.3.7.1
## page.
-9 - This by-law 1s not intended to prevent the erection or use for a purpose prohibited by the by-law of any building or structure the plans for which have, prior date of the passing of the by-law, been approved by the building inspector, so long as the building or structure when erected is used and continues to be used for the purpose for which it was created.
This by-law is not intended to prevent the strengthening to a safe condition of any pre-existing non-conforming building or structure or part of any such building or structure which does not comply with the provisions of this by-law at the time of its enactment, provided such strengthening process does not increase the height, gize or volume of or change the use of such building or structure, nor is this by-law intended to be applied so as to prevent the reconstruction of any non-conforming single family dwelling not permitted in a particular zone by the by-law that is damaged by causes beyond the control of the owner subsequent to the date of the passing of this by-law provided the reconstruction of such single family dwelling will not increase the height, size or volume thereof or change the use of such single family dwelling. Whenever any building or structure other than a single family dwelling which is not a permitted use under this by-law, is damaged by causes beyond the control of the owner subsequent to the date of the passing of this by-law and such damage doon not exceed 50% of the value to be ascribed to such building or structure immediately prior to the occurance of such damage, such building or structure may be reconstruated provided such reconstruction will not increase the height, size or volume of such building or structure or change the use of such building or structure.
3.3.7.3
No use shall be made of any land or any building or structure on any land nor shall any building or struoture be erected upon any land except in accordance with the provisions of Schedules A, B, C, D, & E of this by-law.
3.3.7.4
Boundaries of Zones Where a boundary of any zone is shown on any zoning map as following a street or lane, the centre line of the street or lane shall be the boundary of the zoned area for the purpose of this by-law.
3.4
Notwithstanding any other provision of this by-law or any of the Schedules thereto, no portion of any building shall be closer to the waters edge of any body of water than 50 feet.
3.5
No person In zone RU exeept in conformity with the provtetons of theo bu lew and the gehedules thereto.
- 10 - The provisions of this by-law shall not apply to the hereinafter described lands, namely:
ALL AND SINGULAR that certain parcel or tract of land. Ро 00 a F and a о пого датзома 26аcribed as follows:- Premising that the Easterly limit of said Lot 15
minutes West and relating all bearings herein thereto;
has an astronomical bearing of North 32 degrees 30
COMMENCING at a point in the inner limit of the 66' Shore Road Allowance, laid out along the shore of the Stoney ared on a which or othere 34-18 20 seconds West from the Northeast angle of said Lot 15;
THENCE in a general Westerly direction along said inner Road allowance limit to the Northwesterly angle of said Lot 15;
THENCE Southeasterly along the Westerly limit of said Iot 15 to the Southwesterly angle thereof; to Ne Sosterly along the Southerly Iimit of Bald lot the Southeasterly angle thereof;
THENCE North 32 degrees 30 minutes West along Easterly limit of said lot to a point therein distant 147.32 feet Southerly thereon from the Northeast angle of said Lot 15;
<!-- image -->
THENCE South 21 degrees 24 minutes West, 154.95 feet; THENCE South 58 degrees 23 minutes West, 211.62 feet; · THENCE South 85 degrees 15 minutes West, 71.22 feet; THENCE South 73 degrees 47 minutes West, 111.14 feet; THENCE South 72 degrees 24 minutes West, 104.3 feet; THENCE South 76 degrees 20 minutes West, 104.2 feet; THENCE South 47 degrees 22 minutes West, 100.00 feet to & survey post planted;
THENCE North 33 degrees 50 minutes West, 2.0 feet more or less to the Point of Commencement.
- 11- person shall hereafter use any land, or any building or structure on any land or erect any building or struct on any land in zone R except in conformity with the provisions of this by-law and the schedules thereto.
4:0
Permitted uses
4.1
accessory uses
4.1.1
churches or parish halls
4.1.2
day. nursery schools
4.1.3
home occupations and offices
4.1.4
public parks including play grounds schools whose curriculum comes under the jurisdiction
4.1.5
4.1.6
of the Ontario Minister of Education single family dwelling units
4.1.7
A Bell Canada switching station located on a portion of Lots 11 and 12 in Concession "D" in the Township of St. Joseph containing 0.517 acres more or less and being particularly described in instrument registered Registry Office for the Registry Division of Algoma at Sault Ste. Marie as number I-95259.
General Regulations
4.1.8
4.1.9
Signs Signs shall be located on the same lot as the premises or use identified or advertised, and shall be governed by the following:
One sign for each dwelling unit, not exceeding 6 square occupation; such sign shall be located a minimum of 10 feet from any lot line or attached flush to a wall.
dwellings and located no nearer
One sign not exceeding 18 square feet in area for permitted uses other
than 10 feet from any lot line.
One sign not exceeding 6 square feet in area advertising land or premises for sale, lease or rent.
One sign not exceeding 6 square feet in area for any one of the following signs indicating: no trespassing, or identifying entrances or parking regulations, exits or parking areas for permitted uses other than dwellings.
One sign not exceeding 50 square feet in area in connectio with a construction project during the course of work on that project, or advertising a subdivision in which lots or buildings are for sale.
Nothing herein shall be deemed to prevent the erection of see fit and as provided for under the Highway Traffic Act.
## SECTION 5 - ZONE V - VILLAGE CENTRE
structure or erect any building or In Zone V except in conformity with the provisions of this by-law and the schedules thereto.
Permitted Uses
5.1
banks
5.1.1
business, professional or government or municipal offices churches or parish halls
5.1.2
5.1.3
fire halls
5.1.4
funeral homes
5.1.5
hospitals
5.1.6
hotels, motels, taverns
5.1.7
public libraries
5.1.8
retail stores or retail business
5.1.9
service shops
5.1.10
or recreation
tracts o, bowerng alleys, billiard halls or any other entertainment
5.1.11
municipal administration buildings
5.1.12
assembly buildinga
5.1.13
General Regulations
5.1.14
Signs The following are the only signs that are permitted in Zone V and shall be governed by the following: regulations:
The total area of signs shall not exceed 2 square feet for each linear foot of building
frontage, provided that:
For a building on a corner lot or a building at the corner of a street and pedestrian way, the building frontage on each street lot line or on each pedestrian way lot line shall be deemed to be separate building frontages for the purpose of calculating the permitted area of signs.
the following signs indicating:
for any 1 of
Signs may be erected not exceeding 6 square feet each in trespassing, or identifying entrances or parking regulations, exits or parking area for permitted uses.
One sign not exceeding 50 square feet in area in connection with a construction project during the course of work on that project.
## 5.1.13C- home occupatons do upper floor residences
- 13- Nothing herein shall be deemed to prevent the erection of such signs for the purpose of naming and designating streets and controlling traffic and parking as Council
## Screening and Landscaping
## SECTION 6 - ZONE RO - RESORT COMMERCIAI
Where at the time of the coming into force of this by-law the side or rear boundaries of a V zone are lying along the said boundary or boundaries shall not be used for any purpose other than an easement for utilities and for landscaping and upon any change of use in a V zone after the coming into force of this by-law, of any lands or buildings which have a contiguous side or rear boundary or boundaries with the boundaries of lands in an R zone, the said 5-foot strip shall be planted with shrubs and trees at least 4 feet high at the time of planting and of a type which may be expected to form a year round dense screen It t strip Shall have erected there, a wall 01 such Construction serend design g may be approved No person shall hereafter use any land, building or structure or erect any building or structure on any land in Zone RC except in conformity with the provisions of this by-law and the schedules thereto.
6.0
Permitted Uses
6.1
tourist establishment providing facilities for temporary residential accommodations
6.1.1
a marina and sports shop located in the Village of Hilton Beach and known specifically as Lots 2 - 5 Include on Plan 17-305 to water and Parts 1 - 9, both lots lying in front of Lots 1 and 2 as shown on Block "C" according to said Plan M-366, being Parcels 2420 A.S.C. and 3993 A.C.S., all of record in the office of land Titles at Sault Ste. Marie and operated by A. Michael Jagger and known as Hilton Beach Marine and Sports.
6.1,2
an existing gift shop and marina known as Courtney's, owned by Harry Wilson Courtney situate on Lots 22, 23 and 24 according to a plan registered in the Registry Office for the Registry Division of Algoma as Plan P2033.
6.1.3
accessory uses
6.1.4
General Regulations
6.1.5
Signs Zone RC, and One sign not exceeding 18 square feet in area located no nearer that 10 feet from any lot line.
-14 - One sign not exceeding 6 square feet in area advertising land or premises for sale, lease or rent. Signs not exceeding 6 square feet in area for indicating: trespassing, or identifying entrances, or parking regulations 3we111ngs. exits or parking areas for permitted uses ·
One sign not exceeding 50 square feet in area in connection with a construction project during the course of work on that project, or advertising a subdivision in which lots or buildings are for sale.
of such signs for the purpose of naming and designating
Nothing herein shall be deemed to prevent the erection and controlling traffic and parking as Council streets may see fit.
## Screening and Landscaping
6.1.6
Where at the time of the coming into force of this by-law the side or rear boundaries of an RC Zone are contiguous with the boundaries of an R zone, a strip of land in the RC Zone not less than 5 feet, in wiath, or boundaries at litor and Box Bandaging an upd any range t shall not in an RC zone after the coming into force of this by-law, of lands or buildings which have a contiguous gide or rear boundary or boundaries with the boundaries of lands in an R zone, the gaid 5 foot be planted with shrubs and trees at loast 4 feet high at the time of planting and of a type which may be expected to form a year round dense screen at least 6 feet high within 3 years, or the said 5 foot strip shall have erected thereon a wall of such construction, materials and design as may be approved by Council on a site plan.
## SECTION 7 - ZONE RU - RURAL
No person shall hereafter use any land, building or structure or erect any building or structure on provisions 7 testy-capt nd the shedules thereto.
Permitted Uses accessory uses, including docks but excluding boat houses agricultural uses of all types and unless otherwise per 18ted there may be only one single family dwelling existing aircraft runways.
an R zone.
historio sites under the jurisdiction of the Federal Government, Provincial Government or designated by hunting, fishing or trapping.
| 7.1 7.1.1 7.1.2 |
|-------------------|
| 7.1.3 7.1.4 7.1.5 |
- 15 -
| | | | | | buildings and the like. | | | | | |
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| navigation aids provided or erected by Federal Government, Provincial' Government or designated by local council. | home occupations. public cemeteries providing the setback distance | measured from the nearest extremity of the nearest grave or graves in a cemetery to the lot line of a street shall be 50 feet.. seasonal residences, including docks but excluding boat houses. | single family dwelling as approved by the St. Joseph Island Official Plan. | commercial logging, timbering or lumbering operations provided the same are not conducted nearer than 50 feet any road allowance and provided further that this section shall not apply to prevent the clearing of trees on bonafide farm lands for agricultural use or purpose. | municipal offices and accessory municipal buildings Including garages, storage existing pits and quarries | a cross country ski facility including ski trails, and a lodge and accessory buildings to provide overnight accommodation and dining facilities for persons using the facility to be located on 100 acres of land | a music camp to be operated by Algoma Music Camp Corporation on that portion of Lot 6 in Concession "G" in Township of St. Joseph, more specifically described in instrument registered in the Registry Office for the Registry Division of Algoma as Instrument No. 184,991 for the purpose of providing music instruction and outdoor recreation in a rural setting and to include facilities for overnight accommodation, dining facilities and recreation facilities common and usually found in association with summer camp facilities. | 7.1.17 General Regulations Where any portion of a rural zone is contiguous with the boundaries of a residential zone, no use shall be | location SIGNS - signs shall be located on the same lot as the premises or use identified or advertised, and shall be governed by the following regulations: | 1 non-illuminated sign for each dwelling unit, not exceeding 2 square feet in area, indicating the name of the occupant; such sign shall be located a minimum of 1 foot from any lot line or attached flush to a wall of the building facing the street. |
| 7.1.7 | 7.1.8 7.1.9 | 7.1.10 | 7:1.11 | 7.1.12 | 7.1.13 7.1.14 | 7.1.15 | 7.1.16 | 7.1.18 | 7.1.19 | 7.1.20 |
- 16- advertsing land or premises for sale, lease
1 non-illuminated sign not exceeding 18 square feet in
7.1.21
any lot line, or attached flush to the wall of the
rent; such sign shall be located a minimum of 25 feet building facing the street.
or identifying entrances,
caution, safety, no trespassing,
for any one of the following signs indicating:
non-illuminated signs not exceeding 3 square feet each
7.1.22
exits or parking areas for permitted uses.
feet in
I non-illuminated sign not exceeding 50 square
in connection with a construction project during the
7.1.23
wotk on that project, such sign shall be
course of the eall of a temporary use or building attached flush to
located a minimum of 25 feet from any lot line, or facing the street.
- RESOURCE RECREATION AREA
SECTION 7A - ZONE RRA
structure or erect any building or structure on any
No person shall hereafter use any land, building or
7A.0
provisions of this by-law and the schedules thereto.
land in Zone RRA except in conformity with the Permitted Uses any use being carried on on such land or in a building TA.1
thereon on the date of the passing.
7A.1.1
of this by-law.
designated by
Provincial Government,
historic sites under the jurisdiction of the Federal
Government,
7A1.2
local Council.
hunting, fishing or trapping.
7A. 1.3
seasonal residences, including docks but excluding
boat houses.
TA.1.4
by the St. Joseph Island Official Plan.
single family dwellings and accessory use as permitted
7A.1.5
trails, and picnic grounds with picnic facilities
nature trails, cross country skiing trails, riding
71.1.6
and shall be governed by the following regulations:
premises or use identified or advertised,
SIGNS - signs shall be located on the same lot as the
7A.1.7
occupant; such sign shall be located a minimum of 1
exceeding 2 square feet in area, indicating the name of
I non-illuminated sign for each dwelling unit, not
7A.1.8
building facing the street.
foot from any lot line or attached flush to a wall of the area advertising land or premises for sale, lease or
1 non-illuminated sign not exceeding 18 square feet in
7A.1.9
building facing the street.
see byian 874- additional uses c landfill d) fre halls e commercial logging
- 17- non-illuminated signs not exceeding 3 square feet each in area for any one of the following signs indicating: exits or party, not for permitted dent. or Identifying entrances,
## 7A.1.10
1 non-illuminated sign not exceeding 50 square located a minimum of 25 feet from any lot line, or attached flush to the wall of a temporary use or building facing the street.
71.1.11
## SECTION 8 - HAZARD LAND ZONE
No person shall hereafter use any land, building or structure or erect any building or structure in Zone HL except in conformity with the following, and with the provisions of this by-law and schedules thereto.
8.0
Permitted Uses
8.1
agripulture outdoor recreation nursery gardening logging and lumbering operations, tree farming and re-forestation which remedies measures for conservation of soil or wildlife.
Whether or not particular lands are to be designated ag Hazard Iands within the meaning of the Official Plan of St. Joseph Island shall be determined by the building inspector who shall be guided in his designation by. the principles, definitions, and maps relating to Hazara Lands which are set out in the Official Plan, provided always that the determination of the building inspector shall be subject to review by Council.
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SECTION 9 - HIGHWAY COMMERCIAL ZONE
person shall hereafter use any land or any building structure on any land or erect any building or except in conformity with the provisions of this by-law
structure on any land in Highway Commercial Zone (Zone HO), and the schedules hereto.
9.0
## Permitted Uses\_
9.1.
(a) Any use being carried on on such land or in a bull intereon on the date of the passing of uses situate on St. Joseph containing 1.646 acres more or less and particularly described in instrument T-35178 of record in the legistry Office for the Registry Division of Algoma at Sault Ste. Marie, owned by . Margaret MacDonald.
-18- The Sportsman Motel and Restaurant presently inted to tap of st. percing Part 1 on Plan AR-854 of record in the office of Iand, The gasoline service station and accessory uses known as Ambeault's Service Station situate on lands composed of all of Lots 1 and 2 according to Plan 918 in the Township of St. Joseph, being a plan of record in the Registry Office for the Registry Division of Algoma at Sault Ste. Marie, owned by Wilfred Joseph. Ambeault and Hazel Irene Ambeault.
1 tent and trailer park and accessory uses known as Littleton's Tent and Trailer Park situate on a portion of lot 10 in Concession "C" in the Iwp. of St. Joseph containing 13.50 acres more or less and being composed of the easterly one-half of the land described in instrument 1-35178 of record in the said Registry Office, owned by Frederick James Littleton.
A restaurant and accessory uses known as Gilbertson Pancake House situate on part of the West half of Lot 34, Huron Concession in the Township of Jocelyn oomposed Instrument 1-106728°ot recordin the gory of which portion consists of 400 feet fronting on Hwy. 548 of the lands described in said instrument I-106728, having a depth of 400 feet north of said highway 548, and being immediately East of the land described in instrument number I-147810.
The service centre zone shall consist of three parcels of land at the intersection of Highway 548 and the 20th Side Road as follows:
1 parcel at the Northwest corner of the intersection of Highway 548 leading to Hilton Beach and the 20th Side Road (a portion of Highway 548) leading to the bridge connection St. Joseph Island to the main land and being situate in lot 21 in Concession "D" in the Township of St. Joseph having a frontage of 500 feet along the said Highway 548 leading to Hilton Beach and a depth of 500 feet along the extension of the 20th. Side Road comprising Part of Hwy 548 leading to the said bridge.
(b) A parcel of land in Lot 1 Concession "V" in the Township of St: Joseph at the Northeast angle of the intersection of the said Highway having a frontage of 500 feet on each of the said Highways.
intersection of the said Highways and having a frontage of 500 feet on each of the said Highways.
- 19 -
| No person shall hereafter use any land or any building or structure on any land or erect any building or structure on any land in Service Centre Zone (Zone SO), except in conformity with the provisions of this by-law and the schedules hereto. | Permitted Uses Any use being carried on on such land or in a building thereon on the date of the passing of this by-law. SECTION 10 - LIGHT INDUSTRIAL | No person shall hereafter use any land or any building or structure situate on any land or erect any building structure on any land in light Industrial Zone (Zone LI), except in conformity with the provisions of this by-law and the schedules hereto. | Permitted Uses (a) A sawmill, and Retail and Wholesale Building Supply Store and accessory uses including building contract- ing presently known as Hilton Beach Lumber Company Limited and carried on on Part of Lot 1, Conc. 17, in the Township of Hilton, comprising 4.080 acres, as described in instrument recorded in the Registry the Registry Division of Algoma as number T-116026. | An auto body repair shop owned and operated by William Robert Allan and Jane Ann Allan comprised of Part of Lot 28, Concession "A" in the - Iwp. of St. Joseph comprising Part 1 of IR Plan 1405 of record in the office of Land Titles at Sault Ste. | SECTION 11 - RURAL COMMERCIAI No person shall hereafter use any land or any building or structure situate on any land or erect any building or structure on any land in Rural Commercial Zone (Zone RC), except in conformity with the provisions of this by-law and the schedules hereto. Permitted Uses | Part of Lot 30, in Conc. "A", in the Township of St. Joseph comprising that part of Parcel 4585 Algoma Centre Section in instrument T-145862 both of record in the Land Registry Office at Sault Ste. Marie, used and occupied by Kentvale General Merchants, owned and operated by Ron Kent and including a retail outlet dealing groceries, dry goods, hardware, appliances, building materials and supplies, gasoline, tires, flour and feed, and light farm machinery. |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 9A.1. | 91.2. | 10.0 | 10.1 | | 11.0 11.1. | |
## - 20-
## SECTION 12 - ADMINISTRATION & INSPECTION
This by-law shall be administrated by the person Bo lesignated from time to time by the Council, and such person or any officer or employee of the Corporation acting under his direction or authorization is hereby authorized to enter at all reasonable upon any property or premises in or about which there is reason to believe that the provisions of this by-law are not being complied with and for the purpose carrying out his duties under this by-law.
## SECTION 13 - CERTIFICATE OF CONFORMITY
Any person requiring a certificate that a lot is being used or that any building or structure erected or used thereon is situated or used in conformity with this FoLlow gh shall present to the Municipal Clerk the
(a) an application fee of $5.00
(b) a plan of survey signed by an Ontario land Surveyor showing the boundaries of the lot and the location of all buildings and structures thereon;
a certificate of such surveyor that the said plan correctly represents the location of the boundaries the safa 20 of all the buildings or structures upon buildings and structures thereon.
all uses being made of the said lot and of any
a deolaration signed by the owner of the lot ao to
(e) such other material as the Clerk may require.
Upon being satisfied that the provisions of this by-law with respect to such lot or buildings or structures are being complied with, the Municipal Clerk or any persons de orate date there his teedene com mity as of such date.
13.2
13.3
1 certificate of conformity issued hereunder is subject to the condition that the Corporation shall not be bound certificate issued in error, whether the issuance thereof was due to & misstatement by the applicant, negligence by an employee of the Corporation, or otherwi
13.4
If an application for a certificate of zoning conformity does not comply with subsection l above, the Municipal Clerk may issue such certificate notwithstanding such non-compliance 1º he is satisfied as to the correctness and adequacy of the application made.
13.5
to be erected or used otherwise than permitted by this
Where land is proposed for use or a building is proposed
13.6
use of the land or for the
erection or use of a building shall be issued.
by-law, no permit for the
## SECTION 14 - MUNICIPAI CORPORATION PROTECTED
The lack of a survey or a mistake does not relieve any from liability for not complying with the provisiona of this or any other by-law of the Municipality... The responsibility for compliance is not upon the Municipality whose rights are preserved even in the case of a mistake of its own official.
## SECTION 15 - VIOLATION & PENALTY
Every person who contravenes any of the provisions of by-law shall upon conviction thereof, forfeit and pay a penalty not exceeding $1,000.00, exclusive of costs, for each offence, and every such penalty shall apply, except any term of imprisonment for default of the payment of the fine and costs imposed under this by-law shall not exceed 6 months. The Imposition of the penalty for contravention of this by-law shall not the condition or matter resulting in such contravention or permit it to continue.
15.1
Any person contravening this by-law shall correot or remedy the condition or matter resulting in such contravention within a reasonable time, and when not otherwise specified, each 10 days that a condition or matter resulting in the contravertion of this by-law is allowed to exist shall constitute a separate offence.
15.2
FETE Where any building or struoture is or is proposed to erected, altered, reconstructed, extended, or enlarged, or any building to be used, or any land is, or is proposed to be used, on contravention of any requirement of this by-law, such contravention may be restrained by notice at of any ratepayer or of the Corporation of the Township of Hilton, The Corporation of the Village of Hilton Beach, the Corporation of the Township of Jocelyn, or the Corporation of the Township of St. Joseph, as the case m tat benest pursuant to the provisions of the Municipal
15.3
## SECTION 16 - SCHEDULES
The various maps, schedules, appendices and tables referred to in the by-law are hereby adopted and declared to form a part of this by-law. All notations, references and other information shown thereon, together wy than as it the obers aid oraton teren of thi forth were all fully described therein.
## TABLE OF MAP SCHEDULES
| St. Joseph Township Richards Landing, | Service centre zone in st. Joseph Township | Hilton Beach | Township of Jocelyn |
|-----------------------------------------|----------------------------------------------|----------------|-----------------------|
| Schedule #2 | Map Schedule #3. | Schedule #4 | Map Schedult #5 |
| | | Map | |
| Map | | | |
| Map Schedule #1 | | | |
- 22 - SECTION 17 - EFFECTIVE DATE
No part of this by-law comes into force without the approval of the Ontario Municipal Board, but, subject" date of such ahead thing treate effect from the
## SECTION 18 - VALIDITY
If any portion of this by-law be for any reason declared invalid or a nullity by a Court of competent jurisdiction, such declaration or decision shall not affect the validity of the remaining portions of this by-law.
SECTION 19 - OTHER GOVERNMENT RESTRICTIONS
When the regulations or requirements of any other by-law of the Municipality or of any regulation of such greater restrictions shall prevail.
## SCHEDULE "A"·
## VILLAGE CENTRE ZONING REGULATIONS
| Commercial Uses | | Minimum | | | Maximum Building Height | | Setbacks | Rear |
|---------------------|----------------------|------------|-----------------------------|----------------------------------|--------|------------|---------|
| Minimum Iot Area | Minimum Iot Frontage | Depth | | Maximun Lot Coverage | | Front | Side | |
| 15,000 sq. It. | 80 feet | . 100 feet | 35% | 2 storey or 30 feet | nil | nil | 25 feet |
| Non Commercial Uses | Non Commercial Uses | | | | | | |
| 15,000 sq. It. | 120 feet | 100 feet | 40% | 30 feet | 30 ft. | 20 It. | 35 It. |
Residential Uses in the Village Centre shall be governed by Schedule "C"
## SCHEDULE "B"
| | | | RURAL ZONE REGULATIONS | 1 Lot Coverage 'Minimum | Front | | Side - 1. | Rear |
|--------------------------------------------------------|--------------------|---------|--------------------------|---------------------------|---------|-------|-------------|--------|
| Seasonal Residence 1 acre | 100 feet. 200 feet | | 10% | 400 It. | 25ft. | 6 It. | | 50 ft. |
| Permanent Residence 2 acres | 200 feet | 200 It. | 10% | 720 It. | 30 ft. | 6 It. | | 50 ft. |
| Use under Section 1.1.3 & 25 acres | 350 It. | 600 It | | | 100 ft. | | 50 ft. | 50ft. |
| Use under Sections 1.1.5 7.1.7, 1.1.9 г 1.1.13 3 acres | 150 It | 200 ft. | | | 50 It. | | | |
!
SCHEDULE "C" RESIDENTIAI ZONE REGULATIONS
| | Residential Regulations | | | | | Setbacks | Setbacks | Setbacks |
|------------------|--------------------------------|------------|-------------|-----------------------------------------------|-----|------------|------------|------------|
| Minimum Lot Area | Minimum Lot Frontage Lot Depth | /Minimum - | Minimum | P100r Area | Budding Height Lot coverage | | Front | Side | Rear |
| 15,000 s¢. | 100 ft. | 100 It. | 720 sq. It. | 2 stories or 30 feet | 17% | 20 ft. | 6 It. | 25 It. |
The minimum yard in all cases relative to the water's edge shall be 50 feet except for docks.
## SCHEDULE "D"
| Non Residential Regulations in Residential Zone | Non Residential Regulations in Residential Zone | Non Residential Regulations in Residential Zone | Non Residential Regulations in Residential Zone | Non Residential Regulations in Residential Zone | Non Residential Regulations in Residential Zone | Non Residential Regulations in Residential Zone | Non Residential Regulations in Residential Zone | Non Residential Regulations in Residential Zone |
|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|
| 15,000 sq. It. | 120 It. | 100 ft. | 60 feet | 30% | 30 ft. | 20 ft. | 35 ft. | |
The minimum yard in all cases relative to the water's edge shall be 50 feet except for docks.
## SCHEDULE E
## Parking Provisions for A11 Zones
land for any purposes hereinafter set forth shall provide and main-
The owner of every building, struoture or use erected or used on any from time to time, parking as follows:
upon or making
spaoes, aisles, drivewaya and areas
use of the said premises
tain for the sole use of the owner, occupant or other persons entering TYPE OR USE OF FLOOR AREA, PARKING SPACES REQUIRED ROOM OR BUILDING TO BE PROVIDED
containing one dwelling unit
1. ' Dwelling or buildings
1 for each guest room and
1 per 2 employees
2a. Hotel or Motor Hotel
2 employees
1 per guest and 1 per
2b. Motel
1 per room
or tourist establishments
3.
Rooming houses, lodging houses I per 150 sq. It. floor area or part thereof so used
4. Home occupations
1 per 6 fixed seats foregoing,
without limiting
which,
5. Assembly halls with fixed the generality of the stadia, auditoria, theatre other than motion nay include meeting halls and picture theatres seats may be used with or with- Assembly halls where non-fixed 1 per 75 sq. It. floor area
6.
the generality of the foregoing,
out tables which without limiting include meeting halls, auditoria, stadia, arenas, and other halls and lounges exhibition halls, churches, dance
1 per 5 seats
7. Motion picture theatres
1 per 200 sq. It. floor area for display areas and additional
gimilar
Museums, art galleries,
libraries and
8.
cultural facilities
4 per bowling jane
9. Bowling alleys
10 per curling sheet
10. Curling rinks area of floor
1 for each 200 sq. It.
: of a physician or dentist
1l. Offices other than the office
6 per physician or dentist
lla Offices or clinics of physicians or dentists
## SCHEDULE I (CONT.)
PARKING SPACES REQUIRED TO BE PROVIDED
BUILDING
## OF FLOOR AREA,
TYPE OR USE
ROOM OR
1 per 100 sq. It. floor
area
trust company offices,
Banks,
finance company offices
12.
shops
hairdressing
13.
Barber shops, shoe shine shops, 3 per chair
1 per 150 sq. ft. floor area
Service shops
14
furniture stores
15. Retail stores excluding It. floor area on other floors.
500 aq. ft. on
floor, 1 per
1 per 300 sq. It. on ground
16. Retail furniture stores other floors.
1 per teacher
17. Elementary schools
5 per classroom
Secondary schools
18.
3 per bed
19. Hospitals area
1 per 200 sq. It. fl001
part of a hotel, motor hotel
Eating establishments as or office building
20.
area
1 per 100 sq. It. Il001
establishmenta
and licensed beverage
Other eating establishments
21.
of 300
in excess
1 per 300 sq. It. floor area
commercial uses not
General business and
22.
specifically listed above
23: For any other use not specifically provided for 1 per 200 sq. It. floor area Existing Buildings in the V Zone In respect of a use heretofore or hereafter carried on in a building on a lot in the V zone, if
(1) such bullding existed on the date of the passing of this by-law the use carried on is a use permitted in the V zone; and
(2)
13) such building was the subject or basis of business assessment being the assessment made in 1968 for taxation in 1969;
. then the requirements of this schedule are reduced to the number of parking spaces that actually existed or the number of parking spaces that could reasonably have been located on such lot to serve a use in such building prior to the passing of this by-law, whichever number is the greater.
## Interpretation
If by this scheduleparking spaces are required for a specified amount of floor space or other criterion the same number of parking are required for a part of suoh floor area or other criterion.. case may be.
Where reference is made to seating capacity I seat is equal to 20 inches of bench space.
In a building or on a lot in which more than one use is Iocated the requirements of this schedule apply to each such use for the part of the building or lot so used.
4. Where reference is made to employees, the number is the maximum persons employed on the premises at one time.
Access All parking areas shall have direct access to or from a public street or lane by a driveway having a width not less than ten (10) feet. Access to Parking Areas All parking areas that contain seven (7) or more parking spaces that vehicles can enter and leave in à forward direction.
## Aisies and Parking Areas - Design
parking
Minimum Parking
Are wadth
parking
Width
Driveway
or Aisle
Distance from
Perpendicular, Minimum Parking Stall
Perpendicular
Stail Width
Space
Parking Angle End to Driveway
81des
63ft.
60 ft.
53 It.
47 It.
28 ft.
33 It.
39 ft:
29 ft.
25 ft.
18 ft.
19 ft.
11 ft.
13 ft.
10 ft.
20 ft.
21 ft:
18 ft.
It.
ft.
Minimum park-
ft.
10
10
in Space length
It.
10
900
10
600
30
A50
Parallel 10 ft.
## Surface Treatment
All parking spaces, aisles and driveways required in the V zone shali be constructed and maintained so as to be usable in all seasons asphantle pavement of they similar hard nd he ess concrete,
## parking Spaces in Buildings
Some or all of the parking spaces required by this by-law may be located in an accessory building or in the principal building in which case the provisions of this sohedule requiring setback from building walls do not apply.
## - 29.-
No person shall use land in a residential zone as access to any parking space or parking area located in any other zone.
## No Access to Parking from R Zone
All parking spaces, aisles and driveways shall be so graded or drained as to ensure that surface water will not escape to neighbouring lands as a result of the construction or use of such parking spaces, aisles and driveways.
Drainage - Retaining Wall Setback from Residential Zone Subject to the other provisions of this schedule, no parking space in a zone other than an R zone shall be located closer to any residential zone than five (5) feet.
Lighted Parking Area If lighting is provided for any parking space, area or lot, such lighting shall be constructed ag - to direct such light away from an adjacent Residential Zone Location of Parking Area Subject to other provisions of this by-law, no required parking space shall be located:
(1) In a front yard except in a single family dwelling,
(2) In a raquirod eido yard abutting a street within 10 feet of any entrance to or exit from any building on the lot, in a zone other than an R Zone, or within 10 feet of a side lat line of an adjoining lot wheres or arren hale 18 provided in conjunction wath Parking Spaces on Neighbouring Lands Parking spaces required in the Village Centre and Residential zones on the as such use or within five hundred (500) feet thereof provided the two properties are owned by the same person or the land to be used for parking is held under a lease having a definite terma in excess of twenty-one (21) years by the owner of the benefittinglands.
## SCHEDULE "I"
## Loading Space Reguirements for all Zones
## Requirement
en the sent of tetant of in on i ing enlargement, Increase in capacity or change to house any of the uses hereinafter listed in this schedule, there shall be provided with the establishment, erection, enlargement, increase in capacity or change in use for each of said uses, minimum off-street loading accommodation as set forth in the following table and such off-street loading accommodation shall be retained so long
- 30-
Ta cont.)
Sohedule Pre TABLE OF MINIMUM'OFF-STREET LOADING REQUIREMENTS
the us rain or the bullding 18 so used!
Column E
Column
Column 3
Column 2
Colum Overhead Clearance offloading врасель required Off-street loading
врасе за
required
Spaces
Loading
Size (Floor No. of Off- Size"o1
Area' in sq." Street it.)
UBe Required:
a) 141-6
8) 12 7 30%
b) 12 × 40 6) 321616
до) 12 х 40 °2
(a): 14 x 60 4) 1.6-
0) 147x16056) 219760
t): 14 2360
,000
,000
b) 10
25,000
to 40,000
to 100,000
10%
itional
8) 120 205
100,000
to
100,000 8q. 7t.
a)" 10,000
b) each addi-
Bowling Alleys!
Retail, and a) 5,000 Wholesale stores to 10,000 banke, offloes, publio administration: buildings, peg.8.0. 4) 40,000 premises, reating m establishments and e) 100,000 similar televiaion to 250,000 and radio studios: 1) each addand other commercialtusere..
to 25
sg. It.
tional: 100,000
a) 125210
Hotela, motela,a) 150,000*
private olube: A) each add-
auditoria, hospit-itional
publid halle,
21t.s
alstand aimllar uses 150,000 q..
e)142606
b): 14 60%
Itional
A manufao turing, a) 5,000%to prodesaing blean-lA ing, servioing orV b 40,000 40,000 to repatring estab 100,000 4: lishmentror ware. Teachrada house:
1000%
200
Location on*the Motiother than a that abuta A streeto
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