Township of Joly Zoning By-law 2018-009 (Consolidated to January 20, 2020)
Joly, Ontario
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BY-LAW
TOWNSHIP OF JOLY
By-Law Consolidated to January 20, 2020
ROBERT J. MILLER
Land Use Planning Services
BY-LAW NO. 2018-009
THE ZONING BY-LAW
OF THE
TOWNSHIP OF JOLY
Consolidated January 20, 2020
This consolidation has been prepared
for Township Office uses. Reference should
also be made to the original By-laws
in the Joly Township Offices.
ROBERT J. MILLER
Land Use Planning Services
v
ZONING BY-LAW
OF THE
TOWNSHIP OF JOLY
ZONING BY-LAW OF THE ___________________________________________________________ 2
BY-LAW NO. 2018-009 ____________________________________________________________ 5
BEING THE ZONING BY-LAW ________________________________________________________ 5
FOR THE TOWNSHIP OF JOLY _______________________________________________________ 5
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF JOLY ENACTS AS
FOLLOWS: ______________________________________________________________________ 5
SECTION 1: TITLE _________________________________________________________________ 5
SECTION 2: DEFINITIONS __________________________________________________________ 5
2.3
"Accessory Building or Structure" means ________________________________________ 5
2.22 "Bed and Breakfast Business" means ___________________________________________ 8
2.48 "Coverage" - see "Lot Coverage" ______________________________________________ 10
2.82 "Grade" see "Finished Grade" ________________________________________________ 15
2.83 "Greenhouse, commercial" means a building for the growing of flowers, plants, shrubs,
trees and similar vegetation including vegetables which are not necessarily transplanted outdoors
on the same lot containing such greenhouses, but may be sold directly from such lot at
wholesale or retail. ______________________________________________________________ 15
2.84 "Guest Sleep Cabin" means a separate building of not more than 25 square metres (269
square feet) in floor area and not more than 4.5 metres (15 feet) in height which contains no
kitchen but may contain a bathroom or sink but which is not to be used for year-round human
habitation. _____________________________________________________________________ 15
2.102
"Landscaped Open Space" means ___________________________________________ 17
2.104
"Lease-back Retirement Co-operative" - see "Co-operative" ______________________ 18
2.155
"Recreational Uses" means ________________________________________________ 24
SECTION 3: APPLICATION AND INTERPRETATION ______________________________________ 31
(b)
Conformity with By-law _____________________________________________________ 31
(c)
Existing Uses Continued _____________________________________________________ 31
(d)
Building Permit Issued ______________________________________________________ 31
(e)
Compliance with Other Restrictions ___________________________________________ 31
v
3.2
"Interpretation of By-law" ___________________________________________________ 32
(b)
Zone Boundaries ___________________________________________________________ 32
(c)
Definitions _______________________________________________________________ 33
(d)
Singular and Plural Words and Genders ________________________________________ 33
(e)
Shall is Mandatory _________________________________________________________ 33
(f)
Use and Occupancy ________________________________________________________ 33
(g)
Metric Measurement _______________________________________________________ 33
SECTION 4: SCHEDULES TO THE BY-LAW _____________________________________________ 35
4.2
"Schedule 'A' - Zone Maps" __________________________________________________ 35
SECTION 5: GENERAL PROVISIONS APPLICABLE IN ALL ZONES ____________________________ 36
5.3
"Adult Entertainment Parlours" _______________________________________________ 38
5.4
"Arcades" ________________________________________________________________ 38
5.5
"Change of Use" ___________________________________________________________ 38
5.6
"Corner Lots" _____________________________________________________________ 38
5.7
"Derelict Motor Vehicles" ____________________________________________________ 38
5.8
"Dwelling Units Location" ___________________________________________________ 38
5.9
"Encroachment Into Yards" __________________________________________________ 39
5.10 "Frontage on a Street" ______________________________________________________ 39
5.11 "Group Homes" ___________________________________________________________ 39
5.12 "Height Limitations - Exceptions" _____________________________________________ 40
5.13 "Holding Zones" ___________________________________________________________ 40
5.14 "Home Industries" _________________________________________________________ 40
5.15 "Home Occupations and Home Professions" _____________________________________ 41
5.17 "Multiple Zones"___________________________________________________________ 42
5.18 "Non-Complying Uses - Permitted Enlargements" ________________________________ 42
5.19 "Non-Conforming Uses - Permitted Reconstruction" (see also Section 5.24) ___________ 43
5.20 "Obnoxious Uses" __________________________________________________________ 43
5.21 "Parking Provisions" (see Sections 2.143 and 2.144 of this By-law) __________________ 43
(c)
Handicapped Parking _______________________________________________________ 43
5.22 "Pits and Quarries; Wayside Pits and Wayside Quarries"___________________________ 45
5.23 "Public Uses" _____________________________________________________________ 45
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(b)
Streets and Installations ____________________________________________________ 45
5.24.1 "Shipping Containers" _____________________________________________________ 46
5.25 "Sight Triangles" (Daylighting Triangle) ________________________________________ 47
5.26 "Sign Provisions" __________________________________________________________ 47
5.27 "Swimming Pools" _________________________________________________________ 48
5.28 "Temporary Uses - Construction Equipment" ____________________________________ 48
5.29 "Temporary Uses - Trailers for Human Habitation" ______________________________ 48
5.30 "Truck, Bus and Coach Bodies" _______________________________________________ 49
SECTION 6: RURAL Ru ZONE _______________________________________________________ 51
6.2
"Zone Requirements for Agricultural and Residential Uses Permitted in Clauses (a) and (b) of
Subsection 6.1" _________________________________________________________________ 51
6.4
"Separation of Noisy and Odorous Uses ________________________________________ 53
(a)
No building or structure used for the raising, slaughtering or keeping of livestock,
poultry or furbearing animals; kennels; feed lot area; or manure storage shall be located closer than:
53
(i)
300 metres (1,000 feet) to any residential lot; ___________________________________ 53
6.5
"Zone Requirements for Small Sawmills Permitted in Clause (a) of Subsection 6.1" _____ 54
6.6
"Zone Requirements for Rural Sleep Cabins (see also Section 2.84.1) Permitted in
Clause (g) of Subsection 6.1" ______________________________________________________ 54
SECTION 7: SHORELINE RESIDENTIAL SR ZONE ________________________________________ 55
7.2
"Zone Requirements for Waterfront Dwellings and Cottages" _______________________ 55
SECTION 8: WETLANDS PROTECTION ZONE ___________________________________________ 57
8.2
"Zone Requirements" _______________________________________________________ 57
SECTION 9: EXTRACTIVE INDUSTRIAL MX ZONE _______________________________________ 58
9,2 "Zone Requirements" _________________________________________________________ 58
SECTION 10: PUBLIC P ZONE ______________________________________________________ 59
10.2 "Zone Requirements" ________________________________________________________ 59
SECTION 11: EXCEPTIONS _________________________________________________________ 60
Exception Numbers (Used with various Zoning Classifications ____________________________ 60
SECTION 12: ADMINISTRATION AND ENFORCEMENT ___________________________________ 63
SECTION 13: APPROVAL __________________________________________________________ 65
5
BY-LAW NO. 2018-009
BEING THE ZONING BY-LAW
FOR THE TOWNSHIP OF JOLY
A By-law to prohibit the use of land and the erection, location or use
of buildings or structures, except for certain purposes; to prohibit
the erection of certain buildings or structures on marshy lands; to
regulate the height, bulk, location, size, floor area, spacing,
character and use of buildings or structures; to regulate the
minimum frontage and depth of a parcel of land; to require loading
and parking facilities for buildings or structures erected or used for
certain purposes; and to establish the location of pits and quarries
within defined areas of the Township of Joly.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF JOLY ENACTS AS FOLLOWS:
SECTION 1: TITLE
This By-law may be cited as "The Zoning By-law of the Township of Joly".
SECTION 2: DEFINITIONS
2.1
"Abandoned" means the failure, in the opinion of the Chief Building Official, to
proceed expeditiously with construction work or to undertake construction work
during any continuous 12-month period.
2.2
"Accessory Secondary Dwelling Unit/Apartment" means a separate accessory
dwelling unit or apartment which is contained within a single detached, semi-
detached or townhouse dwelling or within an ancillary structure to those residential
uses.
2.3
"Accessory Building or Structure" means
(a)
a detached building or structure that is not used for human habitation, but the
use of which is naturally and normally incidental to, subordinate to or
exclusively devoted to a principal use or building and located on the same lot
therewith, and
(b)
includes a detached private garage, detached carport, boathouse or detached
deck.
2.4
"Accessory Use" means a use naturally and normally incidental to, subordinate to or
exclusively devoted to a principal use and located on the same lot therewith.
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2.5
"Aerodrome" Under the federal Aeronautics Act s.3(1), means any area of land, water
(including the frozen surface thereof) or other supporting surface used, designed, prepared,
equipped or set apart for use either in whole or in part for the arrival, departure, movement or
servicing of aircraft and includes any buildings, installations and equipment situated thereon or
associated therewith.
2.6
"Affordable Housing" means housing which would have a market price or rent that
would be affordable to households of low and moderate income. Affordable housing
could also include any government assisted housing recognized, from time to time, as
Affordable Housing by the Province of Ontario.
2.7
"Aggregate" means gravel, sand, clay, earth, shale, stone, limestone, dolostone,
sandstone, marble, granite, and rock, other than metallic ores.
2.8
"Agricultural Use" means
(a)
a use of land, building or structure for the purpose of animal husbandry, bee-
keeping, dairying, fallow, field crops, forestry, fruit farming, horticulture,
market gardening, pasturage, poultry-keeping or any other farming use, and
(b) includes the growing, raising, packing, treating, storing and sale of produce
produced on the premises and other similar uses customarily carried on in the
field of general agriculture and which are not obnoxious.
2.9
"Agricultural Services" means the use of land, structure or building for the purposes
of buying and selling commodities and services that are necessary to support
agricultural operations, including a livestock sales barn, but does not include any
manufacturing, assembling, processing, warehousing or construction uses.
2.10
"Alter" means
(a)
when used in reference to a building or structure or part thereof, to change any
one or more of the external dimensions of such building or structure or to make
any change in the supporting members or to the type of construction of the
exterior walls or roof thereof;
(b)
when used in reference to a lot to change the lot area, lot frontage or lot depth
thereof; to change the width, depth or area of any required yard, landscaped
open space or parking area; or to change the location of any boundary of such
lot with respect to a street or a lane, whether such alteration is made by
conveyance or alienation of any portion of such lot or otherwise; or
(c)
when used in reference to a use, to discontinue and replace a use with a use
which is defined herein as being distinct from the discontinued use.
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2.11
"Animal Hospital" means the premises of a veterinary surgeon where animals, birds
or other livestock are treated or kept.
2.12
"Arena" means a facility for sport activities and includes ice surfaces for hockey and
curling and other surfaces for any sporting activity.
2.13
"Assembly Hall" means a building or part of a building in which facilities are provided
for such purposes as meetings for civic, educational, political, religious or social
purposes and shall include a banquet hall or private club.
2.14
"Attached" means affixed or fastened to.
2.15
"Attic" means the space between the ceiling of the top storey and the roof or between a dwarf
wall and a sloping roof.
2.16
"Automobile Service Station" means
(a)
a building or place,
(i)
where gasoline or other motor fuels are kept for sale and for delivery
directly into a motor vehicle; and
(ii)
used only for the sale and delivery described in clause (1) of this sub-
paragraph and for the performance of minor running repairs essential to
the actual operation of motor vehicles and for the sale to the motoring
public of goods usual to the trade, but
2.17
"Automotive Use" means an automobile service station, a gasoline retail outlet, a
vehicle repair shop, a body shop or a vehicle sales or rental establishment as defined
herein.
2.18
"Bake Shop" means a bakery where the prepared food products of such bakery are
offered for retail sale on the same premises and includes a restaurant.
2.19
"Bank" means a banking institution as defined in The Bank Act.
2.20
"Bachelor Unit" means
(a)
a dwelling unit in which only one room or part thereof contains sleeping
accommodation, and which room is used as a living or dining room, or both,
as well as for sleeping purposes, but
(b)
does not mean or include a dwelling unit containing one or more rooms
designed exclusively for sleeping accommodation.
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2.21
"Basement" means
(a)
that portion of a building or structure within which 50% or more of the interior
wall height from finished floor to finished ceiling is below the average finished
grade level adjacent to one or more of the exterior walls of the building or
structure, but
(b)
does not mean or include a storey or part of a storey.
2.22
"Bed and Breakfast Business" means
(a)
a dwelling in which not more than four (4) habitable rooms for overnight
lodging are provided for gain, with breakfast included, to persons other than
the lessee, tenant or owner of said dwelling, or any member of his household,
but
(b)
does not include a hotel, motel, motor hotel, resort, trailer camp, seasonal camp
or camping establishment.
2.23
"Boat House - Private" means a detached accessory building or structure which is
designed or used for the sheltering of a boat or other form of water transportation and
storage of household equipment incidental to the residential occupancy.
2.24
"Body Shop" means an establishment engaged in the repairing and/or painting of
vehicle bodies.
2.25
"Building" means any structure consisting of walls and a roof, which is used or
intended to be used for the shelter, accommodation or enclosure of persons, animals
or chattels, and includes shipping containers and any structure defined as a building in
The Building Code Act, excluding a sewage system and plumbing not located in a
building or structure, but does not include any vehicle as defined herein.
2.26
"Building Area" means the greatest horizontal area of a storey above grade within
the outside surface of exterior walls or within the outside surface of exterior walls and
the centre line of firewalls.
2.27
"Building By-law" means any by-law of the Corporation passed pursuant to The
Building Code Act.
2.28
"Building Permit" means a permit required by The Building Code Act.
2.29
"Business or Professional Office" means a building in which one or more persons are
employed in the management, direction or conducting of a business or where
professionally qualified persons and their staff serve clients or patients who seek
advice, consultation or treatments.
9
2.30
"By-law Enforcement Officer" means a person appointed by Council and charged
with the duty of enforcing the provisions of the Zoning By-law and any amendments
thereto.
2.31
"Cabin" means a 'cottage' as defined in this By-law.
2.32
"Camping Establishment" means a place where people are temporarily
accommodated in tents, motor coach, trailer, park model trailer or truck camper,
whether or not washing and toilet facilities are provided in permanent buildings, and
shall include a day camp and a tourist trailer camp.
2.32(a)
"Cannabis" means a cannabis plant, including the phytocannabinoids produce
by or found in such a plant regardless of whether that part has been processed or
not and any substance or mixture of substances that contains or has on it and part
of such a plant and any substance that is identical to a phytocannabinoid
produced by or found in such a plant regardless of how the substance was
obtained. Marijuana shall have the same definition. (2020-007)
2.32(b)
"Licensed Cannabis Production Facility" means the use of land, buildings or
structures for the cultivation, processing, testing, destruction, packaging and
shipping of marijuana used for medical or non-medical purposes as approved and
regulated by Health Canada.
2.32(c)
"Medical Marijuana Facility" means a premise approved and regulated under
the Access to Cannabis for Medical Purposes Regulations (SOR/2016-230).
2.33
"Cemetery" means a cemetery or columbarium within the meaning of the Cemetery
Act, as amended from time to time.
2.34
"Chief Building Official" means the Chief Building Official appointed by Council and
charged with the duty of enforcing the provisions of The Building Code Act, or any
successors thereto, together with any Regulations made thereunder.
2.35
"Church" means a building set aside by any religious organization for public worship
and may include a church hall, auditorium, Sunday School, convent or parish hall. (See
also Religious Retreat)
2.36
"Clinic" means a building or part thereof used by qualified medical practitioners,
dentists, osteopaths, or other drugless practitioners, numbering more than two for
public or private medical, surgical, physiotherapeutic or other human health purpose
except when included within or accessory to a private or public hospital.
2.37
"Club" means
(a)
a building or part of a building used as a meeting place for members of an
10
organization, and
(b)
includes a lodge, a fraternity or sorority house and a labour union hall.
2.38
"Commercial" means the use of land, building or structure for the purpose of buying
and selling commodities, and supplying of services as distinguished from such uses as
manufacturing or assembling of goods, warehousing, transport terminals, construction
and other similar uses.
2.39
"Commercial Club" means any club other than a private club.
2.40
"Committee of Adjustment" means the Committee of Adjustment of the Township
of Joly in accordance with the provisions of Sections 44 and 45 of The Planning Act.
2.41
"Corporation" means the Corporation of the Township of Joly.
2.42
"Community Centre" means a building used for community activities and not used
for commercial purposes.
2.43
"Condominium" means a building or structure wherein the owner holds title to
his/her own dwelling unit while sharing title to the land and other common areas of the
development and sharing maintenance/operating costs with other dwelling unit owners
through a condominium corporation.
2.44
"Co-operative" means a Corporation which owns real property and whose
shareholders hold proprietary leases on portions of the real property and who share the
maintenance/operating costs of the real property with each having the right to use all
areas of the real property owned by the Corporation that is not specifically allocated
to other shareholders by their own proprietary leases.
2.45
"Cottage" means a detached building used as an occasional and seasonal residential
dwelling for recreation, rest or relaxation by one household, but not occupied
continuously or as a principal residence or as a year-round permanent dwelling. This
definition does not include a trailer, park model trailer or mobile home.
2.46
"Council" means the Municipal Council of the Corporation of the Township of
Joly.
2.47
"Convenience Store" means a retail store serving the daily or occasional needs of the
residents of the immediate area with a variety of goods such as groceries, meats,
beverages, dairy products, patent medicines, sundries, tobacco, stationery, hardware,
magazines and/or newspapers.
2.48
"Coverage" - see "Lot Coverage"
11
2.49
"Daylighting Triangle" means an area free of buildings or structures and which area
is to be determined by measuring, from the point of intersection of street lines on a
corner lot, the distance required by this By-law along each such street line and joining
such points with a straight line and the triangular-shaped land between the intersecting
street lines and the straight line joining the points the required distance along the street
lines is the "daylighting triangle".
2.51.1 "Deer Wintering Area" means lands designated "Strata 1 and 2" on Schedule "A"
Land Use Plan to the Joly Township Official Plan which indicate locales
characterized by mature conifer cover, in which deer annually congregate during the
winter, because of the availability of natural food and shelter from severe winter
weather.
2.52
"Detached" means "not attached".
2.53
"Development" means the construction or erection of buildings or structures on, or the
excavation of land.
2.54
"Driveway" means a vehicle access provided between a street or lane and a parking area or a
loading space, or between two parking areas, but does not include a parking aisle.
2.55
"District" means the District of Parry Sound.
2.56
"Dwelling" means a separate building or factory built home containing one or more
dwelling units.
2.57
"Dwelling, converted" means a dwelling altered to contain a greater number of
dwelling units.
2.58
"Dwelling, Factory Built Home" means a single detached dwelling designed and built to
CSA A277 Standard to be transported to an existing lot and which shall:
(a)
Comprise a minimum of one or more separately towable components, joined on the
subject lot; and
(b)
Be designed for long term year-round occupancy; and
(c)
May contain parts that can be folded, collapsed, or telescoped when being
towed, to be expanded later providing additional floor space; and
(d)
Be located on a permanent foundation and contain facilities for cooking, eating,
living, sleeping and sanitation; and
(e)
Not comprise a mobile home, park model trailer, travel trailer, tent trailer or trailer
otherwise designed; and
(f)
For the purposes of this definition, shall not be a factory-built structure under CSA
Z240 (mobile homes) or CSA Z241 Standards (park model trailers), or a combination
of either of these with the CSA A277 Standard (factory-built dwellings) - these
combinations are not permitted.
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2.59
"Dwelling, duplex" means a separate building of two (2) or more storeys divided
horizontally into not more than two (2) dwelling units, each of which is completely on
a separate storey, and which building is used by not more than two (2) households.
2.60
"Dwelling, single detached" means a separate building or factory built home
containing not more than one dwelling unit and may also contain one accessory
secondary dwelling unit/apartment.
2.61
"Dwelling, semi-detached" means a separate building divided vertically into not
more than two (2) dwelling units, and which dwelling units may be held in separate
ownership and where such building may also contain two accessory secondary
dwelling units/apartments.
2.62
"Dwelling, split level" means a dwelling containing three (3) or more sections at
different levels where the difference in elevation is not less than 3 feet nor more than
6 feet between any such section and the next horizontally adjoining section, and two
(2) or more of such sections are to contain one or more habitable rooms.
2.61.1 "Dwelling, townhouse" means a dwelling containing three or more attached
dwelling units divided vertically, each of which has an independent entrance
directly from the front yard or side yard in the case of an end unit and each
dwelling unit may contain one accessory secondary dwelling unit/apartment.
2.63
"Dwelling Unit" means
(a)
one room or a group of rooms in a building used or designed or intended to be
used by only one household as a single, independent and separate housekeeping
establishment,
(i)
in which food preparation and sanitary facilities are provided for the
exclusive use of such household, and
(ii)
which has a private entrance from outside the building or from a
common hallway or stairway inside the building, but
(iii)
does not mean or include a tent, trailer, or a room or suite of rooms in
a hotel, motel, motor hotel or bed and breakfast business.
2.64
"Eating Establishment" - see "Restaurant"
2.65
"Erect" means
(a)
with reference to a building or structure, build, construct, reconstruct, or
enlarge, and
13
(b)
includes,
(i)
any physical operation such as excavating, filling, grading or draining
preparatory to building, construction, reconstruction, and
(ii)
the moving of a building or structure from one location to another.
2.66
"Erected" and "Erection" have a corresponding meaning.
2.67
"Existing" means existing on the date of the passing of this By-law.
2.68
"Factory Outlet Retail Store" means a building or part thereof accessory to a non-
effluent producing industry, a warehouse or a service industry, wherein products
manufactured, produced, processed or stored on the premises are kept or displayed for
wholesale or retail sale, or wherein orders are taken for delivery of such products.
2.69
"Farm" means a lot, with or without accessory buildings or structures, which is used
for:
(a)
the tillage of soil;
(b)
the growing of vegetables, fruits, grains or flowers including, but not
necessarily limited to lettuce, carrots, tomatoes, mushrooms, beans, melons,
potatoes and corn;
(c)
woodlots including maple sugar operations;
(d)
the raising of livestock including, but not so as to limit the generality of the
foregoing, cattle, swine, sheep, goats, poultry, horses, ponies, donkeys, mules,
mink, ducks, rabbits and wild game;
(e)
dairying, bee-keeping; or
(f)
bio-diesel refining.
2.70
"Farm Supply Store - Retail" means a building or part thereof in which goods,
wares, merchandise, substances, articles or things including feed and seed are offered
or kept for sale by retail directly to the surrounding rural community.
2.71
"Finished Grade" means
(a)
when used in reference to a building, the average elevation of the finished
surface of the ground adjoining the base of the longest exterior wall of such
building or, where there are two or more such walls, the exterior wall having
14
the lowest average elevation; or
(b)
when used in reference to any other structure the average elevation of the
finished surface of the ground at the base of such structure;
exclusively of any artificial embankment at the base of such building or structure.
2.72
Intentionally removed.
2.73
"Flood Plain" means the area, usually low lands, which has been, or may be covered
by flood water.
2.74
"Floodproofing" means a combination of structural changes and/or adjustments
incorporated into the basic design and/or construction or alteration of individual
buildings, structures or properties subject to flooding so as to reduce or eliminate flood
damages. The word "floodproofed" has a corresponding meaning.
2.75
"Floor Area" means, with reference to a building, the total habitable floor area within
a building which area is measured between the exterior faces of the exterior walls or
from the centre line of a common or party wall, but excluding any private garage,
breezeway, porch, verandah, balcony, sun room, attic or basement.
2.76
"Floor Area, ground" means the floor area of the lowest storey of a building
approximately at or just above the finished grade level excluding any basement, which
area is measured between the exterior faces of the exterior walls at the floor level of
such storey, but
(a)
excludes car parking areas within the building, and
(b)
for the purpose of this paragraph, the walls of an inner court are and shall be
deemed to be exterior walls.
2.77
"Forestry" means the management, development and cultivation of timber resources
to ensure the continuous production of wood or wood products, provision of proper
environmental conditions for wildlife, protection against floods and erosion,
protection and production of water supplies, and preservation of the recreation
resource.
2.78
"Fuel Depot" means a lot where bulk storage of fuel, including petroleum products
and propane takes place, and where wholesaling and retailing of these products
may be carried on.
2.79
"Garage, private" means a building or part thereof used for the temporary parking
or storage of private passenger motor vehicles or commercial vehicles where neither
servicing nor repairing is carried on for remuneration.
15
2.80
"Garage, public" means a building or place where motor vehicles are kept or stored for
remuneration or repair, or a building or place used as a motor vehicle shop.
2.80.1 "Garden Suite" means a temporary single detached dwelling containing bathroom
and kitchen facilities that is accessory to an existing single detached
dwelling and that is designed to be portable.
2.80.2 "Gazebo" means a freestanding roofed accessory structure used for relaxation only,
which is not enclosed except for screening or glass and which may also include
an unenclosed deck surround.
2.81
"Golf Course" means a public or private area operated for the purpose of playing
golf and does not include driving ranges.
2.81.1 "Golf Driving Range" means a public or private area for the purpose of practicing
golf driving techniques and is equipped with distance markers, lighting, safety nets,
parking areas, golf equipment rental facilities and washrooms, but does not include
a golf course.
2.82
"Grade" see "Finished Grade"
2.83
"Greenhouse, commercial" means a building for the growing of flowers, plants,
shrubs, trees and similar vegetation including vegetables which are not necessarily
transplanted outdoors on the same lot containing such greenhouses, but may be
sold directly from such lot at wholesale or retail.
2.84
"Guest Sleep Cabin" means a separate building of not more than 25 square metres
(269 square feet) in floor area and not more than 4.5 metres (15 feet) in height which
contains no kitchen but may contain a bathroom or sink but which is not to be used for
year-round human habitation.
2.84.1 "Rural Sleep Cabin" means a separate building of not less than 56 square metres
(600 sq. ft.) containing a dwelling unit (see Definition 2.63) located on the same lot
as the principle use that would meet the requirements for a provisional consent with
a companion retained parcel, both in compliance with all applicable policies of the
Joly Township Official Plan.
2.85
"Greenhouse, Farm" means a building for the growing of plants, shrubs, trees and
similar vegetation including vegetables which are primarily transplanted outdoors on
the same lot containing such greenhouse.
2.86
"Group Home" means a single housekeeping unit in a residential dwelling in which
three to ten residents (excluding staff or receiving household) live under responsible
supervision consistent with the requirements of its residents. The home shall be
licensed or approved under Provincial statute.
16
2.87
"Habitable Room" means a room which:
(a)
is located within a dwelling unit;
(b)
is designed for living, sleeping or eating, or contains sanitary or food
preparation facilities; and
(c)
can be used at all times throughout the year;
but does not include any room specifically defined herein as a non-habitable
room.
2.88
"Non-Habitable Room" means any room in a dwelling other than a habitable room
including, but not so as to limit the generality of the foregoing, a laundry room, a
pantry, a lobby, a communicating corridor, a stairway, a closet, a sunroom, a
verandah, a porch, a balcony, a private garage, an unfinished attic, a boiler room and
any space used for the service and maintenance of such dwelling or for vertical travel
between storeys.
2.89
"Height" means with reference to a building the vertical distance measured from the
average finished grade level at the front elevation of such building to,
(a)
in the case of a flat roof, the highest point of the roof surface, or the parapet,
whichever is the greater, and
(b)
in the case of a pitched roof, a point at the ridge, but in calculating the
height of a building, any construction used as ornament or for the mechanical
operation of the building such as mechanical penthouse, or a chimney, tower,
cupola or steeple is not to be included.
2.90
"High Water Mark" means the normal original water mark of any body of water as
measured by an Ontario Land Surveyor unless such high water mark has been altered
by the construction of a public dam or dams, in which case the measurement shall be
from the high water mark as controlled by such dam or dams.
2.91
"Home for the Aged" means an institution to which The Homes for the Aged and
Rest Homes Act applies, and any home for senior citizens sponsored and administered
by any public agency or any service organization either of which obtains its financing
from Federal, Provincial or Municipal Governments or agencies, or by public
subscription or donation or by any combination thereof, and such home shall include
auxiliary uses such as club and lounge facilities usually associated with senior citizens'
residential accommodation.
2.92
"Home Industry" means a service industry or a non-effluent producing industry
conducted in whole or in part within a building accessory to a single detached dwelling
located in the Rural Ru Zone.
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2.93
"Home Occupation" means an occupation conducted for gain or profit as an
accessory use within a dwelling or dwelling unit by one or more persons residing
therein and includes a professional office.
2.94
"Home Profession" means a professional service conducted entirely within a dwelling
or dwelling unit by one or more persons residing therein. This includes an office for
an accountant, architect, auditor, planner, dentist, drugless practitioner, engineer,
insurance agent, land surveyor, lawyer, medical practitioner, notary or real estate
agency.
2.95
"Hotel" means any establishment so defined in The Hotel Registration of Guests Act,
or any successors thereto, and includes a motel or motor hotel.
2.96
"Household" means one or more human beings living together as a single,
independent and separate housekeeping unit in one dwelling unit and for the purpose
of this paragraph, the word "household" includes and shall be deemed to include
gratuitous guests and employees on the premises containing the said dwelling unit.
2.97
"Hunting Camp" means a building used as a temporary base for hunting and fishing
activities.
2.98
"Industrial Disposal" means land licensed by the Ministry of the Environment for the
disposal of waste and includes wrecking yards and landfill sites.
2.99
"Institutional" means
(a)
the use of land, buildings or structures for religious, charitable, educational,
health or welfare purposes, and
(b)
includes churches, places of worship, non-profit community institutions, public
or private schools, homes for the aged, retirement homes and nursery schools.
2.100 "Kennel" means a structure or building or any part thereof in which domesticated
animals are raised or kept for profit, gain or show.
2.101 "Landfill Site" means land licensed by the Ontario Ministry of the Environment and
Energy for the disposal of solid or liquid waste.
2.102 "Landscaped Open Space" means
(a)
an area not built upon and not used for any purpose other than as a landscaped
area which may include grass, shrubs, flowers, trees and similar types of
vegetation and paths, walks, patios, fences and similar appurtenances, but
18
(b)
does not include parking areas, parking lots, driveways, or ramps.
2.103 "Lane" means any passageway or right-of-way shown on a registered plan other than
a street.
2.104 "Lease-back Retirement Co-operative" - see "Co-operative"
2.104(a) "Livestock Facilities" as defined by Minimum Distance Separation (MDS)
Document 853, means all livestock barns and manure storages on a lot,
including altered livestock facilities plus all unoccupied livestock barns and
unused manure storages on a lot. Manure storages, as defined by MDS
Document 853, means permanent storages which are structurally sound and
reasonably capable of storing manure and which typically contain liquid manure
(<18% dry matter) or solid manure (≥18% dry matter), and may exist in a
variety of:
-
locations - under, within, nearby, or remote from a livestock
barn;
-
materials - concrete, earthen, metal, wood or composite;
-
coverings - open top, roof, tarp, or other materials;
-
configurations - rectangular, circular, etc.; and
-
elevations - above, below or partially above grade.
2.104(b)"Livestock Facilities - Altered" as defined by MDS Document 853, means any
building activity occurring on or within an existing livestock facility which
creates a change in design capacity (as defined by MDS Document 853) requiring
a permit issued under the Building Code Act 1992, including the alteration of
earthen manure storages.
2.105 "Loading Space" means an off-street space or berth located on the same lot as a
permitted use and used for the parking of a commercial vehicle loading or unloading
merchandise or materials pertinent to such permitted use.
2.106 "Lodge" means an establishment catering to the vacationing public by providing meals
and sleeping accommodation with at least five guest rooms or cabins, but shall not
include any establishment otherwise defined or classified herein.
2.107 "Lot" means the minimum area of land under one ownership, other than a street,
which is used or intended to be used as the site of or appurtenant to one or more main
buildings, structures or uses, together with any accessory buildings, structures or uses,
regardless of whether or not such area of land constitutes a registered lot.
2.108 "Corner Lot" means a lot having two or more street lines intersecting at an angle of
not more than 135o, provided that where the street lines of a lot are curbed, the angle
of intersection of such street lines shall be deemed to be the angle formed by the
intersection of the tangents to the street lines, drawn through the extremities of the
19
interior lot lines, and the corner of the lot shall be deemed to be that point of
intersection of the said tangents.
2.109 "Interior Lot" means any lot, other than a corner lot, which abuts and is accessible
from an improved street.
2.110 "Through Lot" means any interior lot having two or more front lot lines.
2.111 "Lot Area" means the total horizontal area within the lot lines of a lot, but shall not
include any area below the high-water mark.
2.112 "Lot Coverage" means the percentage of the lot area of a lot covered by the
perpendicular projections onto a horizontal plane of the floor areas of all buildings on
the lot, excluding balconies, canopies and overhanging eaves which are 2 metres (6
feet) or more in height above finished grade.
2.113 "Lot Depth" means
(a)
the shortest horizontal distance between the rear lot line and the front lot line
of a lot, where such lot lines are parallel;
(b)
the average horizontal distance between the rear lot line and the mid-point of
the front lot line of a lot, where such lot lines are not parallel; or
(c)
the horizontal distance between the mid-point of the front lot line and the point
of intersection of the side lot lines of a lot where there is no rear lot line.
2.114 "Lot Frontage" means the horizontal distance between the side lot lines measured
along the front lot lines, but where the front lot line is not a straight line or where the
side lot lines are not parallel, the lot frontage is to be measured by a line 10m (30 feet)
back from and parallel to the chord of the lot frontage, and for the purpose of
this paragraph, the chord of the lot frontage is a straight line joining the two (2)
points where the side lot lines intersect the front lot line.
2.115 "Lot Line" means any boundary of a lot.
2.116 "Front Lot line" means:
(a)
the lot line that divides the lot from the street, but
(b)
in the case of a waterfront lot, the longest shoreline shall be deemed the front
lot line.
(c)
in the case of a corner lot the shorter street line shall be deemed to be the front
lot line and the longer street line shall be deemed to be a side lot line, but
20
(d)
in the case of a corner lot with two (2) street lines of equal length, the lot line
that abuts the wider street, or Highway should be deemed to be the front line,
and in the case of both streets being under the same jurisdiction, or of the same
width, the owner of such corner lot may designate either street line as the front
lot line.
2.117 "Rear Lot Line" means, in the case of a lot having 4 or more lot lines, the lot line
farthest from and opposite to the front lot line, except that where a lot has less than 4
lot lines there shall be deemed to be no rear lot line.
2.118 "Side Lot Line" means a lot line other than a front or rear lot line.
2.119 "Exterior Side Lot Line" means a side lot line that is also a street line.
2.120 "Interior Side Lot line" means a side lot line other than an exterior side lot line.
2.121 "Lot, Registered" means a parcel of land described in a deed or other document
legally capable of conveying land or shown as a lot or block on a registered plan of
subdivision.
2.122 "Lot, Waterfront" means a lot which abuts a shoreline and may or may not also abut
a street or lane.
2.123 "Marina" means a public or private commercial establishment where a boat house,
boat storage yard, boat repair facilities, boat rental, pier, dock, or jetty facilities, or any
combination of the foregoing are available for all types of marine-pleasure craft and
may include a gasoline pump for the filling of marine craft and a building or structure
for the sale of marine craft, accessories and/or refreshments, only on a
complementary incidental basis.
2.124 "Main" when used to describe a use, a building or a structure, means a use or
structure which constitutes or a building in which is conducted a principal use of the
lot on which such use, building or structure is located.
2.125 "Mobile Home" means any dwelling or vehicle, within the meaning of Section 46 of
the Planning Act, so constructed that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled by the motor vehicle,
notwithstanding that such dwelling or vehicle is jacked up or that its running gear is
removed, but not including any dwelling or vehicle unless it is used or intended for the
living, sleeping, or eating accommodation of persons therein for permanent year-round
use. This definition shall not include a trailer.
2.126 "Mobile Home Park" means a lot managed by a mobile home park operator, for the
permanent placement of one or more mobile homes or factory-built homes on
individual mobile home sites, and may include a park, place of recreation, convenience
21
retail store, dry cleaning distribution station, laundromat and
personal service
establishment.
2.127 "Motel, or Motor Hotel" means a building or buildings consisting of a number of
individual rental units used for catering to the needs of the travelling public by
furnishing sleeping accommodation with or without food.
2.128 "Motor Home" means a self-propelled recreational vehicle designed for living,
sleeping and eating accommodation of persons.
2.129 "Motor Vehicle Service Station" means a building or structure where gasoline, oil,
grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, spark plugs,
batteries and automotive accessories for motor vehicles and new retail goods are
stored or kept for sale to the general public, or where motor vehicles may be oiled,
greased or washed, or have their ignition adjusted, tires inflated or batteries charged,
or where only minor mechanical or running repairs essential to the actual operation of
motor vehicles are executed or performed.
2.130 "Motorized Snow Vehicle" means a motorized snow vehicle within the meaning of
The Motorized Snow Vehicle Act.
2.131 "Municipal" when used in reference to a lot, a building or a structure, means a lot,
a building or a structure owned, occupied and used by the Corporation or any
committee, department, board, commission or agency thereof.
2.132 "Navigable Waterway" means a navigable body of water or stream as deemed under
the Beds of Navigable Waters Act, and includes any body of water which is capable
in its natural state or at normal water level of being navigated by floating vessels for
the purpose of transportation, recreation or commerce.
2.133 "Non-Conforming" means the use of any land, building or structure which does not
conform to the provisions of this By-law for the zones in which such use is located as
of the date of the passing of this By-law.
2.134 "Non-Complying" means a permitted use, building or structure lawfully existing at
the date of the passing of this By-law which is a lawfully conforming use but does not
comply with one or more of the particular zone requirements of the zone within which
it is located. (36-2014)
2.135 "Non-Effluent Producing Industry or Factory" means an industry or factory that
does not utilize process waters and which does not produce waste waters as part of the
industrial process.
2.136 "Non-Profit Community Institution" means facilities provided by the municipality
or by any other group or organization without profit or gain.
22
2.137 "Nursing Home" means any building maintained and operated where lodging, meals
and nursing care are provided for two or more persons, licensed under the Nursing
Homes Act.
2.138 "Open Space" means an unoccupied space open to the sky except such land as is used
or required for parking purposes by this By-law.
2.139 "Owner" means any person whose interest in a parcel of land is defined and whose
name is specified in an appropriate instrument in the relevant Land Registry Office.
2.140 "Ownership" has a corresponding meaning.
2.141 "Park - Private" means a recreational area other than a public park and including
therein one or more of the following: swimming pools, wading pools, refreshment
rooms, camping areas, boating facilities, tennis courts, bowling greens, gardens, golf
courses or similar open space.
2.142 "Park - Public" means a 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.
2.143 "Parking Area" means an area of land which is provided and maintained upon the
same lot or lots upon which the principal use is located and which area,
(a)
comprises all parking spaces of at least the minimum number required
according to the provisions of this By-law and all driveways, aisles,
maneuvering areas, entrances, exits and similar areas used for the purpose of
gaining access to or egress from the said parking spaces, and
(b)
is provided and maintained in accordance with all applicable provisions of this
By-law.
2.144 "Parking Space" means an area of land which is provided and maintained upon the
same lot or lots upon which the principal use is located and which area,
(a)
is provided for the temporary parking or storage of one motor vehicle other
than for the purpose of offering commodities for sale or display,
(b)
is adequate for the temporary parking or storage of one motor vehicle and may
be located within a private garage, building, carport or covered area,
(c)
is not less than 2.75 metres (9 feet) in width nor less than 6 metres (20 feet) in
length, exclusive of any land used for access, maneuvering, driveway or a
similar purpose, and
23
(d)
has adequate access to permit ingress and egress of a motor vehicle from a
street by means of driveways, aisles, maneuvering areas or similar areas, no
part of which access is to be used for the temporary parking or storage of any
motor vehicle.
2.145 "Person" includes an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent, and the heirs, executors or other
legal representatives of a person to whom the same can apply according to law.
2.146 "Personal Service Establishment" means a building or part thereof in which persons
are employed in furnishing services and otherwise administering to individual and
personal needs and may include the premises of a barber, hairdresser, beautician, and
shoe repair establishment, but shall not include an adult entertainment parlour. The
sale of merchandise shall be permitted only as an accessory use to the personal service
provided.
2.147 "Pit" means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral
or other material is being or has been removed by means of an open excavation to
supply material for construction, industrial or manufacturing purposes, but does not
include a wayside pit.
2.148 "Place of Entertainment or Recreation" means a motion picture or other theatre,
arena, auditorium, public hall, billiard or pool room, bowling alley, ice or roller skating
rink, dance hall or music hall, but does not include any place of entertainment or
amusement otherwise defined or classified herein.
2.148.1 "Portable Asphalt Plant" means a facility used for a public road project which
(a)
is equipped to heat and dry aggregate and to mix aggregate with bituminous
asphalt to produce asphalt paving material, and includes stockpiling and storage
of bulk materials used in the process; and
(b)
is not of permanent construction, but is designed to be dismantled and moved
to another location as required.
2.149 "Private Club" means a building or part of a building used as a meeting place for
members of an organization not operated for profit or of an athletic, social or
recreational club not operated for profit.
2.150 "Professional Office" means a building or part thereof in which a legal, medical or
other professional service is performed or consultation given including, but not so as
to limit the generality of the foregoing, the offices of a lawyer, an architect, a surveyor,
an engineer or an accountant, but does not include a personal service establishment,
a business office, a veterinarian's clinic, an animal hospital or shelter, a body-rub
24
parlour or any adult entertainment parlour as defined in The Municipal Act.
2.151 "Public" when used in reference to a building, structure, use or lot, means a building,
structure, use or lot used by a public agency to provide a service to the public.
2.152 "Public Agency" means:
(a)
the Government of Canada, the Government of Ontario or any municipal
corporation;
(b)
any ministry, department, commission, corporation, authority, board or other
agency established from time to time by the Government of Canada, the
Government of Ontario or any municipal corporation;
(c)
any public utility; or
(d)
any railway company authorized under The Railway Act, as amended from time
to time, or any successors thereto.
2.153 "Public Utility" means
(a)
any agency, corporation, board or commission providing electricity, gas, steam,
water, telegraph, telephone, cable television, transportation, drainage or
sewerage or waste collection and disposal services to the public; or
(b)
a use pertaining to any such agency, corporation, board or commission.
2.154 "Quarry" means a place where consolidated rock has been or is being removed by
means of an open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside quarry or open pit metal mine.
2.155 "Recreational Uses" means
(a)
the use of land for parks, playgrounds, tennis courts, lawn bowling greens,
indoor and outdoor skating rinks, athletic fields, golf courses, picnic areas,
swimming pools, day camps, community centres, snow skiing and all similar
uses, together with necessary and accessory buildings and structures, but
(b)
does not include a track for the racing of animals, motor vehicles, snowmobiles,
all-terrain vehicles, or motor cycles.
2.156 "Recreational Vehicle" means a vehicle which provides sleeping and other facilities
for short periods of time, while travelling or vacationing, designed to be towed behind
a motor vehicle, or self-propelled, and includes such as vehicles commonly known as
travel trailers, camper trailers, pick-up coaches, motorized campers, motorized homes
25
or other similar vehicles.
2.157 "Redevelopment" means the creation of new residential units on land previously used
for residential or non-residential purposes where demolition of the previous structures
is to take place, or has taken place.
2.158 "Regulatory Flood" means the approved standards used in a particular watershed to
define the limit of the flood plain for regulatory purposes.
2.159 "Religious Retreat" means an area of land used for religious purposes and includes
a place of worship, temporary sleeping accommodation and sanitary facilities. (see
"Church")
2.160 "Residential" means the use of land, buildings or structures for human habitation.
2.161 "Residential Intensification" means the creation of new residential units or
accommodation in existing buildings or on previously developed, serviced land
generally including creation of accessory dwelling units; conversion of non-residential
structures to residential use; infilling and redevelopment.
2.162 "Resort" means a tourist commercial use that operates throughout all or part of the
year and that has facilities for serving meals and furnishing equipment, supplies or
services to persons in connection with recreational purposes.
2.163 "Resource Management Use" means land used solely for the preservation and
enhancement of the natural environment.
2.164 "Restaurant" means a building used for the purpose of serving food and/or
refreshments including a licensed establishment and may include take-out food
facilities as an accessory use.
2.165 "Retail Store" means a building or part thereof in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale by retail directly to the public.
2.166 "Retirement Home" means a building for the accommodation of senior citizens,
within single or double rooms or suites which do not contain kitchens, and where
central kitchen, dining and laundry facilities are provided for the residents, together
with other communal facilities, under the supervision of resident and other staff, but
which shall not include a Nursing Home, licensed under the Nursing Homes Act.
2.167 "Salvage Yard" means a lot, building, or structure used for wrecking, dismantling,
storing or selling used goods, wares or materials including, but not so as to limit the
generality of the foregoing, rags, bones, bottles, metals, clothing, furniture, paper,
machinery, building materials, vehicles and parts thereof.
26
2.168 "School" means a school under the jurisdiction of a Board as defined in The
Education Act, a college, a university or any other education establishment including,
but not necessarily restricted to, a nursery school or a boarding school having
accessory dormitory facilities.
2.169 "Public School" means a school under the jurisdiction of a public agency.
2.170 "Commercial School" means a school operated by one or more persons for gain or
profit.
2.171 "Private School" means a school, other than a public school or a commercial school,
under the jurisdiction of a private board or trustees or governors, a religious
organization or charitable institution.
2.172 "Seasonal Camp" means an establishment that is owned and operated by a not for
profit corporation or institution for the boarding and lodging of children and may
include such recreational activities as boating, riding, archery, etc.
2.172.1"Secondary Dwelling Unit" see "Accessory Secondary Dwelling unit /
Apartment"
2.173 "Service Industries" means, a bake shop, a public garage, including engine and body
repair shop, a printing establishment, a paint shop, plumbing shop, sheet metal shop,
welding shop, vehicle inspection station, boat repair and construction, small engine
repair shop, woodworking shop and similar non-effluent producing uses.
2.174 "Service Shop" means
(a)
a building or part thereof used for the sale or repair of household articles, and
(b)
includes radio, television and appliance repair shops, but
(c)
does not include industrial or manufacturing uses or motor vehicle repair shops.
2.175 "Setback" means the shortest horizontal distance measured at right angles from the
centre line of the travelled street abutting the specified yard, to the nearest part of any
building, or structure on an abutting lot.
2.176 "Sewage Lagoon" means a facility for the receiving and processing of sewage,
including residential, commercial and industrial waste.
2.177 "Shipping Container" means an enclosed metal structure designed to facilitate the
transportation of goods by several different means of transportation, and shall
include intermodal shipping containers, transport truck trailers, and straight truck
boxes, but does not include any vehicle as defined herein.
27
2.178 "Shopping Centre" means one or more buildings or part thereof containing two or more
separate permitted commercial uses, which exceed 500 square metres (5,400 square feet)
in floor area, which is maintained as a single unit and located on a single lot, such lot being
held and maintained under one ownership or under condominium ownership pursuant to
The Condominium Act.
2.179 "Shoreline" means any lot line or portion thereof which abuts a navigable waterway.
2.180 "Sign" means
(a)
a display board, screen, cloth or structure having characters, letters or
illustrations applied thereto or displayed thereon in any manner, and
(b)
includes:
(i)
a sign within a building that is visible from a street, and
(ii)
the posting or painting of an advertisement or notice on any building or
structure.
2.181 "Storey" means that portion of a building, other than an attic or basement, included
between the surface of any floor and the surface of the floor, roof deck or deck ridge
next above it.
2.182 "Storey, one-half" means that portion of a building situated wholly or in part within
the roof and in which there is sufficient space to provide a height between finished
floor and finished ceiling of between 1.5 metres (5 feet) and 2 metres (6 feet) over a
floor area which is not less than one-third (1/3) nor more than two-thirds (2/3) of the
floor area of the storey next below.
2.183 "Street" means a public highway or public road under the jurisdiction of either the
Corporation or the Province of Ontario, and includes any highway as defined in the
Municipal Act, but does not include a lane or private right-of-way.
2.184 "Street Allowance" means land held under public ownership for the purpose of
providing a street.
2.185 "Street Line" means a lot line dividing a lot from a street and is the limit of the street
allowance.
2.186 "Street Width" means the horizontal distance between the street lines of a street,
measured along a line perpendicular to the said street lines.
2.187 "Structure" means anything constructed or erected, the use of which requires
location on or in the ground, or attached to something located on or in the ground,
28
including shipping containers, mobile homes, trailers and park model trailers as per
Section 34(4) of the Planning Act but does not include the permanent way of a
railway, or any paved surface located directly on the ground.
2.188 "Subdivision, Plan of" means any division of land into more than four new lots, not
counting the retained parcel.
2.189 "Swimming Pool" means any body of water permanently located outdoors,
contained by artificial means and used and maintained for the purpose of swimming,
wading, diving or bathing.
2.190 "Temporary" means a use that is authorized under Section 39 of the Planning Act.
2.191 "Tourist Commercial Use" means the use of land, building, or structure for the
purpose of buying and selling of commodities, supplying of services for the travelling
or vacationing public, including a camping establishment, temporary rental
accommodation and a marina.
2.192 "Trailer" means any vehicle, excluding a mobile home, so constructed that it is
suitable for being attached to a motor vehicle for the purpose of being drawn or
propelled by the motor vehicle, notwithstanding that such vehicle is jacked-up or that
its running gear is removed, but not including any vehicles unless it is used or intended
for the living, sleeping or eating accommodation of persons therein; and shall be
deemed to include a tent; and shall not be occupied continuously or as a principal
residence.
2.193 "Trailer, Park Model" means a manufactured building under the Ontario Building
Code O. Reg. 332/12 Section 9.38 "Park Model Trailers" which has been designed
and constructed in conformance with the standards of CSA-Z241 "Park Model
Trailers", and which is used as a recreational vehicle or building that meets the
following criteria:
(a) Built on a single chassis mounted on wheels; and
(b) Designed to facilitate relocation from time to time; and
(c) Designed as living quarters for seasonal camping which may be connected to
utilities necessary for the operation of installed fixtures and appliances; and
(d) Built with a gross floor area, including lofts, not exceeding 50 square meters
(538 sq. ft.) when in the set-up mode; and
(e) Built with a width greater than 2.6 meters (8.5 feet) in the transit mode.
2.194 "Trailer Camp, Commercial" means any land in or upon which any trailer or tent is
used or intended to be used for human occupation on a temporary or seasonal basis
29
and shall not include mobile homes.
2.195 "Use" means the purpose of which any land, building, structure or premises or part
thereof,
(a)
is arranged, designed or intended to be used, or
(b)
is or may be occupied or maintained
and the word "used" has a corresponding meaning.
2.196 "Vehicle Repair Shop" means an establishment or part thereof which contains
facilities for the repair and maintenance of vehicles and/or recreational vehicles on the
premises, and in which vehicle accessories are sold and vehicle maintenance and repair
operations are performed in return for remuneration but does not include a body shop
or any establishment engaged in the retail sale of vehicle fuels.
2.197 "Veterinarian's Clinic" means a building or part thereof with or without related
structures wherein animals of all kinds are treated or kept for treatment by a registered
veterinarian.
2.198 "Warehouse" means a building or part thereof which is used primarily for the
housing, storage, adapting for sale, packaging or distribution of goods, wares,
merchandise, foodstuff, substances, articles or things, and includes the premises of
a warehouseman, but does not include a fuel depot.
2.199 "Watercourse" means the natural channel for a stream of water and for the purpose
of this by-law, includes any watercourse as shown on Schedule 'A' of this by-law.
2.200 "Waterfront" means the common boundary of a waterbody or watercourse with
an area of land.
2.201 "Wayside Pit" or "Wayside Quarry" means a temporary pit or quarry including
a portable asphalt plant opened with the approval of Council and used solely for
the purpose of a particular project or contract of road construction and not located
on the road right-of-way.
2.202 "Workshop" means that portion of a building or structure used for the servicing
and/or repairing of goods and/or merchandise of a type which is sold from the premises
of which the workshop is a part.
2.203 "Wrecking Yard" means an area of land licensed by the Ministry of the
Environment & Climate Change for the storage and processing of wrecked
automobiles.
2.204 "Yard" means
30
(a)
an open, uncovered space on a lot appurtenant to a building and unoccupied
by buildings or structures except as may be expressly permitted in this By-law,
and in determining yard measurements, the minimum horizontal distance
from the respective lot lines is to be used, but does not include a court yard.
2.205 Yard, Front" means a yard extending across the full width of a lot between the front
lot line and the nearest wall of any building or structure on the lot.
2.206 "Yard, Minimum Front" means the minimum depth of a front yard on a lot between
the front lot line and the nearest wall of any building or structure on the lot.
2.207 "Yard, Minimum Rear" means the minimum depth of a rear yard on a lot between
the rear lot line and the nearest wall of any main building or structure on the lot.
2.208 "Yard, Minimum Side" means the minimum width of a side yard on a lot between
a side lot line and the nearest wall of any building or structure on the lot.
2.209 "Yard, Rear" means a yard extending across the full width of a lot between the rear
lot line and the nearest wall of any main building or structure on the lot.
2.210 "Yard, Side" means a yard extending from the front yard to the rear yard of a lot, and
between a side lot line and the nearest wall of any building or structure on the lot.
2.211 "Yard, Exterior Side" means a side yard immediately adjoining a street or abutting
a reserve on the opposite side of which is located a street.
2.212 "Yard, Interior Side" means a yard extending from the front yard to the rear yard
and from the interior side lot line to the nearest part of the principal building, structure
or excavation on the lot.
2.213 "Zone" means a designated area of land use shown on Schedule 'A' hereto.
2.214 "Zoned Area" means all those lands lying within the corporate limits of the Township
of Joly.
31
SECTION 3: APPLICATION AND INTERPRETATION
3.1
"Scope of By-law"
(a)
Lands Subject to By-law
The provisions of this By-law shall apply to all those lands lying within the
Corporate limits of the Township of Joly.
(b)
Conformity with By-law
No building or structure shall hereafter be erected or altered, nor shall the use
of any building, structure or lot hereafter be changed, in whole or in part,
except in accordance with the provisions of this By-law.
(c)
Existing Uses Continued
Nothing in this By-law shall prevent use of any lot, building or structure for any
purpose prohibited by this By-law if such lot, building or structure was lawfully
used for such purpose on the date of passing of this By-law, so long as it
continues to be used for that purpose.
(d)
Building Permit Issued
Nothing in this By-law shall prevent the erection or use of any building or
structure for a purpose prohibited by this By-law if the plans for such building
or structure were approved by the Chief Building Official prior to the date of
passing of this By-law, provided that:
(i)
when the building or structure is erected, it shall be used and shall
continue to be used only for the same purpose for which the said
building or structure was intended when such building permit was
issued; and
(ii)
the erection of such building or structure is commenced within one year
of the date of passing of this By-law and is completed within six months
after the erection thereof is commenced and provided such building
permit has not been revoked under The Building Code Act.
(e)
Compliance with Other Restrictions
In their interpretation and application, the provisions of this By-law shall be
held to be the minimum requirements adopted for the promotion of the public
health, safety, convenience or general welfare. Whenever the requirements of
this By-law are at variance with the requirements of any other By-law, the most
32
restrictive, or the By-law imposing the higher standards shall govern and apply.
Nothing in this By-law shall be construed to exempt any person from
complying with the requirements of any By-law of the Municipality or from any
law of the Province of Ontario or Canada.
Nothing in this By-law shall prevent the use of any land for the erection of
buildings or structures, or the installation of other facilities essential to the
operation of public utilities as defined in The Public Utilities Corporations Act,
provided that any such use, building or structure shall be in compliance with the
relevant provisions of this By-law.
This By-law shall not be construed to make legal any use of land, buildings or
structures which was illegal and in contravention of General Standards Zoning
By-law No. 2008-06, as amended.
3.2
"Interpretation of By-law"
(a)
Defined Areas
The extent and boundaries of all zones are shown on Schedule 'A' and all such
zones are hereby defined as areas to which the provisions of this By-law shall
respectively apply.
(b)
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 or lane shall be the
centerline of such highway, street or lane. In the event that a street or
lane which forms the boundary between such zones is closed, the
boundary between such zones shall be construed as the former centre
line of the said closed street or lane.
(ii)
A boundary indicated as following a right-of-way of a railway or an
electrical, gas or oil transmission line shall be the centre line of such
right-of-way.
(iii)
A boundary indicated as following a shoreline shall be construed as the
high-water mark, or in the case of a watercourse, creek or stream, the
centre line thereof.
(iv)
A boundary indicated as approximately following lot lines of any lot of
record shown on a registered plan of subdivision or any lot created by
consent or lot and concession lines shall follow such lines.
33
(v)
Where a boundary is indicated approximately parallel to a street line or
other feature indicated in clauses (i), (ii) or (iii) of this Subsection, and
the distance from such street line or other feature is not indicated and
clause (iv) above is not applicable, such boundary shall be construed as
being parallel to such street line or other feature, and the distance
therefrom shall be determined according to the scale shown on the
appropriate Schedule.
(vi)
A boundary indicated as following the limits of the Municipality shall
follow such limits.
(vii)
The limit of any map comprising any Schedule forming part of this By-
law shall be deemed to be the boundary of the Zone adjoining such
limit.
(c)
Definitions
In this By-law, unless the context requires otherwise, the definitions and
interpretations set out in Section 2 hereof shall apply.
(d)
Singular and Plural Words and Genders
In this By-law, unless the context requires otherwise:
(i)
words used in the singular number include the plural;
(ii)
words used in the plural include the singular number; and
(iii)
words used in the masculine gender include the feminine.
(e)
Shall is Mandatory
In this By-law, the word "shall" is mandatory.
(f)
Use and Occupancy
In this By-law, unless the context requires otherwise:
(i)
the verb "use" shall include "design to be used", "arrange to be used"
and "point to be used"; and
(ii)
the verb "occupy" shall include "design to be occupied", and "permit to
be occupied".
(g)
Metric Measurement
34
All dimensions, measurements, areas, yards and setbacks are given in metric
measurements in this By-law. General Imperial conversions are provided in
brackets only for the assistance of the reader and do not form a part of this By-
law. The metric measurements only shall be used in the legal interpretation of
this By-law.
35
SECTION 4: SCHEDULES TO THE BY-LAW
4.1
"Part of By-law"
Schedule 'A', which is attached hereto and described in this Subsection, is hereby made
a part of this By-law as fully and to all intents and purposes as though recited in full
herein.
4.2
"Schedule 'A' - Zone Maps"
The extent and boundaries of all zones are set out on Schedule 'A' hereto and shall be
interpreted in accordance with the provisions of Section 3.2, Clause (b).
36
SECTION 5: GENERAL PROVISIONS APPLICABLE IN ALL ZONES
5.1
"Accessory Uses and Buildings"
Accessory uses and buildings (excluding accessory dwelling units) may be permitted
in conjunction with the principal use of a lot subject to the following provisions:
(a)
Shall not be utilized as a dwelling or for any gainful occupation except as may
otherwise be permitted in this By-law.
(b)
Shall not be located in any required front yard or exterior side yard except as
may otherwise be permitted in this By-law.
(c)
Shall not exceed 15 percent lot coverage.
(d)
Shall not exceed 7.5 metres (25 feet) in height.
(e)
Shall not be located within 1 metre (3 feet) of any rear lot line or interior side
lot line except in the case of any waterfront lot where they shall not be
located within 7.5m (25 feet) of any rear lot line.
(f)
Notwithstanding Subsection 5.1(b), a detached garage may be located within
a required front yard of a non-waterfront lot, but shall not be located within 3
metres (10 feet) of any front lot line.
(g)
Notwithstanding Subsections 5.1(b) and 5.1(d), a gazebo may be located within
the required front yard of a waterfront lot subject to the following regulations:
(i)
Minimum Setback from high water mark 3 metres (10 feet)
(ii)
Maximum Height
4 metres (12 feet)
(iii)
Maximum Floor Area
19 sq. metres (200 sq. feet)
5.2
"Accessory Dwelling Units / Apartments and Garden Suites" (see also 5.8)
(a)
Accessory to Commercial Uses
(i)
A maximum of one dwelling unit per commercial use excluding an
automotive use shall be permitted within the principal building, but not
within any basement, and shall be subject to the following requirements:
37
MINIMUM FLOOR AREA
Bachelor Unit
40 square metres (430 sq. ft.)
One Bedroom Unit
50 square metres (540 sq. ft.)
Two Bedroom Unit
60 square metres (645 sq. ft.)
Three Bedroom Unit
70 square metres (750 sq. ft.)
(ii)
One single detached dwelling of a minimum floor area of 56 square
metres (600 square feet) shall be permitted as an accessory use to any
permitted commercial use.
(iii)
One parking space per dwelling unit shall be required on the same lot
in addition to the minimum number of parking spaces required for the
principal use of the lot.
(b)
Accessory to Residential Uses
(i) An accessory secondary dwelling unit/apartment shall only be
permitted within a single detached dwelling, semi-detached dwelling, or
townhouse dwelling, provided a single detached dwelling, semi-detached
dwelling or townhouse dwelling is a permitted use in the zone it is
located within; and
(ii) A maximum of one accessory secondary dwelling unit/apartment is
permitted per lot; and
(iii) An accessory secondary dwelling unit/apartment may only be permitted
on a lot with frontage to a street or road which is open year-round and
publicly maintained or maintained by a condominium corporation; and
(iv) An accessory secondary dwelling unit/apartment may be located in a
converted attached or detached garage which meets the occupancy
requirements of the Ontario Building Code, Ontario Electrical Code and
the Ontario Fire Code; and
(v) One additional on-site parking space shall be provided exclusively for
any accessory secondary dwelling unit/apartment on the lot; and
(vi) The floor area of an accessory secondary dwelling unit/apartment shall
be equal to or less than the ground floor area of the principal dwelling
unit without any modifications required to the building's bulk or
massing; and
Explanatory Note not part of this By-law: Accessory secondary dwelling
units/apartments are permitted only on lands zoned Rural (Ru).
38
(vii) Both an accessory secondary dwelling unit/apartment and a garden suite
shall not be permitted on one lot.
(c) Garden Suites
Garden Suites shall be permitted by site specific amendment as a temporary
accessory use, subject to the provisions of this Section, provided that the
minimum floor area of the suite is not less than 56 square metres (600 square feet)
and that there is not already an accessory secondary dwelling unit/apartment on
the lot.
5.3
"Adult Entertainment Parlours"
No adult entertainment parlours shall be made or established except according to
licensing by the Township of Joly.
5.4
"Arcades"
No arcades shall be made or established except according to licensing by the Township
of Joly.
5.5
"Change of Use"
The use of any land, building or structure in the Municipality shall not be altered or
changed except in compliance with the provisions of this By-law.
5.6
"Corner Lots"
On a corner lot, interior side yard requirements may be substituted for rear yard
requirements.
5.7
"Derelict Motor Vehicles"
No more than two (2) motor vehicles without valid registration permits shall be stored
or kept in view on any lot, except within a building or as may otherwise be permitted
in this By-law.
5.8
"Dwelling Units Location"
(a)
No dwelling unit shall be located above a boathouse or a private garage except
where a private garage is attached to a dwelling.
(b)
No part of any dwelling unit or habitable room shall be located within a
basement or cellar of a non-residential building.
39
(c)
Nothing in this By-law shall prevent the location of a dwelling unit or a
habitable room entirely within a basement of a residential building, provided
that in the opinion of the Chief Building Official such room or dwelling unit
meets the requirements of the Ontario Building Code.
(d)
In this By-law, the number of dwelling units permitted on any lot shall be
contained in one building with the exception of an accessory secondary
dwelling unit / apartment (see Section 5.2) or a rural sleep cabin [see Section
6.1(g)].
5.9
"Encroachment Into Yards"
Every part of any yard requirement to be provided in any zone shall be open and
unobstructed by any structure from the ground to the sky, except that:
(a)
sills, belt courses, cornices, chimney breasts, bay windows or pilasters may
project into any required yard a distance of not more than 0.5 metres (2 feet);
(b)
eaves or gutters, for other than an accessory building, may project into any
required yard a distance of not more than 0.5 metres (2 feet);
(c)
balconies, canopies or unenclosed porches may project into any required front
or rear yard a distance of not more than 1.5 metres (5 feet);
(d)
fire escapes may project into any required side or rear yard a distance of not
more than 1.5 metres (5 feet);
(e)
fences, freestanding walls, flagpoles, antennae, light standards and similar
accessory structures and appurtenances, and hedges, trees and shrubs are
permitted in any yard, but in the case of:
(i)
any lot no structure, hedge or obstruction that is more than 1 metre
(3 feet) in height is permitted within 3 metres (10 feet) of any street
line, and
(ii)
any corner lot no structure, hedge or obstruction that impedes vision
above a height of 1 metre (3 feet) is permitted.
5.10
"Frontage on a Street"
Except as otherwise specifically provided for in this By-law, no person shall
erect or use a building or structure for permanent or full time use on any lot or
parcel of land unless the lot or parcel has its front lot line on a street or road
which is open year-round and publicly owned and maintained.
5.11
"Group Homes"
40
(a)
A Group Home shall be permitted within any single detached dwelling except
a cottage or a mobile home, but shall not be within one kilometre of another
group home.
(b)
Only group homes licensed by the Ministry of Community and Social Services
in the following categories shall be permitted:
(i)
Approved Home (psychiatric care);
(ii)
Homes for Special Care - Residential (psychiatric care);
(iii)
Community Resource Centres (minor offender rehabilitation);
(iv)
Halfway Houses for Alcoholics;
(v)
Halfway Houses for Ex-Offenders;
(vi)
Halfway Houses for the Socially Disadvantaged;
(vii)
Satellite Residence for Seniors;
(viii) Accommodation Services for the Mentally Retarded;
(ix)
Children's Residences.
5.12
"Height Limitations - Exceptions"
The height limitations of this By-law shall not apply to limit the height of agricultural
buildings or structures, c o m m u n i c a t i o n t o w e r s , church spires, clock
towers, water tanks, water towers, elevator enclosures, flag poles, antennae,
ventilators, sky lights, chimneys, windmills, grain elevators or public utility poles or
towers.
5.13
"Holding Zones"
Notwithstanding any other provisions of this By-law, where any zone symbol on
Schedule 'A' has the suffix (H), no lot shall be used and no building or structure shall
be erected thereon except for the following purposes unless the suffix (H) has been
removed from the zone symbol by a by-law passed pursuant to Sections 34 and 36 of
The Planning Act:
(a)
All legal uses existing at the date of passing of this by-law and,
(b)
One single detached dwelling on any lot of record existing on the date of
passing of this by-law subject to any other provisions of this by-law which
would apply to such dwellings if the suffix (H) was removed from the zone
symbol.
5.14
"Home Industries"
Home industries will be permitted in the Rural Zone provided that:
(a)
the home industry does not create or become a public nuisance in particular in
41
respect to noise, odours, traffic, parking, dust, vibration or interference with
television or radio reception; and
(b)
the home industry shall clearly be secondary to the main rural use of the lot;
and
(c)
not more than three (3) persons, excluding the owner, shall be employed in the
home industry; and
(d)
not less than three (3) parking spaces shall be provided for a home industry use;
(e)
no storage of goods or material shall be permitted in any front or exterior side
yard.
5.15
"Home Occupations and Home Professions"
Home occupations and home professions shall be permitted in dwellings in the
Rural Zone and Shoreline Residential Zone provided that:
(a)
there is no external display or advertising other than a sign erected in
accordance with the Sign By-law of the Corporation;
(b)
there shall be no external storage of goods or materials;
(c)
the home occupation shall clearly be secondary to the main residential use. It
shall not change the residential character of the dwelling or create or become
a public nuisance in particular with respect to excessive noise, traffic, parking,
dust vibration or interference with television or radio reception:
(d)
not more than 25% of the floor area, to a maximum of 37 square metres (400
square feet), shall be used for the home occupation and does not reduce the
residential use of the dwelling floor area to less than 55 square metres (600
square feet);
(e)
not less than six parking spaces shall be provided for a medical, dental or
drugless practitioner's office;
(f)
not less than three parking spaces shall be provided for home occupation uses
other than those in (e) of this subsection; and
(g)
not more than one person excluding the owner is employed in the home
occupation.
5.16
"Loading Space Provisions" (see Section 2.105 of this By-law)
(a)
No person shall erect or use any building or structure for any commercial or
industrial use which involves the movement of goods, merchandise, or
42
materials unless loading spaces are provided and maintained in accordance with
the following provisions:
(i)
one loading space shall be provided for every 278 square metres (3,000
square feet) or fraction thereof of the total ground floor area, and
(ii)
loading spaces shall have dimensions of not less than 3.6 metres (12
feet) by 15 metres (50 feet), and
(iii)
loading spaces shall not have less than 4.6 metres (15 feet) of vertical
clearance.
5.16.1 "Mobile Homes and Factory-Built Homes"
A mobile home or factory-built dwelling may be used as a permanent dwelling
on lands zoned Rural (Ru) in accordance with the following provisions:
(a)
The mobile home is constructed to CSA Standard Z240 and located on
permanent foundations, with the running gear and towing equipment
removed; and
(b)
The mobile home shall have at least 56 square metres (600 square feet)
of ground floor area and be completely enclosed from the surface of the
finished grade to the roof; and
(c)
The mobile home shall be fully serviced with running water, electricity
and sanitary sewage facilities.
(d)
A factory-built home means a single detached dwelling designed and built
to CSA A277 Standards in one or more components, separately towable
to an existing lot. For specifications see Section 2.58 of this By-law.
5.17
"Multiple Zones"
Any lot which is contained in more than one zone as shown on Schedule 'A' shall be
subject to the restrictions of each of the respective zones.
5.18
"Non-Complying Uses - Permitted Enlargements"
Where a use, building or structure was legally established under a Joly Township
Zoning By-law prior to the date of the passing of this By-law, and is permitted by
the provisions of the zone in which such use, building or structure is located, but does
not meet the zone provisions with respect to yards, lot area, frontage, parking, setback
or any other provisions of this By-law applicable to that zone, the said building or
structure shall be deemed to comply with the By-law and may be enlarged, extended,
reconstructed, repaired or renovated provided that:-
43
(a)
The enlargement, extension, reconstruction, repair or renovation does not
further reduce the compliance of that use, building or structure, with the
provision(s) of the By-law to which it does not comply; and
(b)
All applicable provisions of this By-law are complied with.
5.19
"Non-Conforming Uses - Permitted Reconstruction" (see also Section 5.24)
Where a building or structure which was erected lawfully under a Joly Township
Zoning By-law prior to the date of the passing of this By-law is used for a purpose not
permitted in the zone in which it is situated, the said building or structure may be
reconstructed, repaired or renovated provided that:
(a)
The reconstruction, repair or renovation does not involve any alteration of use
and the building or structure continues to be used for the same purpose; and
(b)
All other applicable provisions of this By-law are complied with.
5.20
"Obnoxious Uses"
No use shall be permitted within the municipality which from its nature or the materials
used therein is declared to be a noxious trade, business or manufacture under The
Health Protection and Promotion Act, or regulations thereunder.
5.21
"Parking Provisions" (see Sections 2.143 and 2.144 of this By-law)
(a)
Every building or structure erected, enlarged or used in accordance with the
provisions of this By-law shall either be provided with the required number of
parking spaces specified hereunder or shall be exempt from the provision of
parking spaces in accordance with a Site Plan Agreement with Council
pursuant to Section 41 of the Planning Act.
(b)
Every parking space provided:
(i)
shall have access to a street or lane, and
(ii)
shall be unobstructed by any other parking space, and
(iii)
shall be located on the same lot on which the principal use is situated,
and
(iv)
shall be constructed of an all-weather durable surface.
(c)
Handicapped Parking
In the case of buildings regulated by Part 5 of Ontario Regulation No. 925/75
passed pursuant to The Building Code Act, as amended, one (1) parking space
44
for physically handicapped persons with a width of at least 3.5 metres (12 feet)
shall be provided by the By-law, but not less than one (1) of the larger parking
spaces shall be provided. These spaces shall be included in the calculation of
the required parking. A parking space for physically handicapped persons shall
be hard surfaced and level, located near and accessible to an entrance and
identified for the use of physically handicapped persons by a sign consisting of
the International Symbol of Accessibility for Handicapped Persons and such
other graphic or written directions as are needed to indicate clearly the intended
facility.
TYPE OF USE
MINIMUM PARKING
REQUIREMENT
Residential
2 parking spaces per dwelling unit
Hotel or Motel
1.2 parking spaces per guest room
Nursing Home
1 parking space per bed
Church
1 parking space per each 5 seating spaces
Assembly Hall or Community Hall
1 parking space per each 10 people at maximum capacity
School
The greater of:
(a)
1.5 parking spaces per classroom, or
(b)
1 parking space per 3 square metres (35 square
feet) of floor area in the gymnasium, or
(c)
1 parking space per 3 square metres (35 square
feet) of floor area in the auditorium.
Restaurant
1 parking space per 4.5 square metres (50 square
feet) (20sp/1000sq.ft.) of floor area with a minimum of
10 spaces.
Office or Public Building
1 parking space per 139 square metres (1,500 square
feet) (0.6sp/1000sq.ft.) of floor area.
Medical and Dental Offices
4 spaces for each
practitioner. and Clinic
Curling Rink
10 parking spaces per curling sheet.
Retail Store or Service Shop
1 parking space per 28 square metres (300 square
feet) (3.3sp/1000sq.ft.) of floor area.
45
Industrial Establishment
1 parking space per 37 square metres (400 square feet)
of ground floor area or for every two employees,
whichever is greater.
Uses Permitted by this By-law
other than those listed in
1 parking space
per 37 square metres (400
this Table
square feet) of floor area.
5.22
"Pits and Quarries; Wayside Pits and Wayside Quarries"
(a)
No pit or quarry shall be permitted in any zone except in the Extractive
Industrial MX Zone.
(b)
A wayside pit or wayside quarry may be permitted in any zone except any
Residential Zone, Wetlands Protection Zone or Flood Plain.
5.23
"Public Uses"
(a)
Public Services
The provisions of this By-law shall not apply to the use of any lot or to the
erection or use of any building or structure for purposes of the public services
by the Corporation or by any local board of the Corporation as defined by The
Municipal Act, any telephone or telegraph company, any natural gas
distribution system operated by the Corporation or on its behalf by a company
distributing gas to the residents of the Corporation and possessing all the
necessary powers, rights, licenses and franchise, any department of the
Government of Ontario, including Hydro One, any use permitted under The
Railway Act or any other Statute of Ontario or Canada governing railway
operations, including tracks, spurs and other railway facilities provided that
where such lot, building or structure is located in any zone:
(i)
no goods, material or equipment shall be stored in the open, except as
permitted in such zone;
(ii)
any Zone Provisions of the zone within which the use is located shall be
complied with except as otherwise provided in paragraph (b);
(iii)
any above ground non-recreational use carried on under the authority
of this paragraph in a Residential Zone shall be enclosed in a building
designed, located and maintained in general harmony with Residential
buildings of the type permitted in such zone.
(b)
Streets and Installations
Nothing in this By-law shall prevent land to be used as a street or prevent the
installation of a watermain, sanitary sewer main, storm sewer main, gas main,
pipe line or overhead or underground hydro, telephone or other supply line or
46
communication line provided that the location of such main or line has been
approved by the Corporation.
5.24
"Replacement of Dwellings Due to Damage" (see also Section 5.19)
A dwelling may be replaced with a new dwelling in the case of partial or complete
destruction caused by fire, lightening, explosion, tempest, flood or act of God, or
demolition by order of the Municipality, the Ministry of the Environment,
Conservation and Parks or other authority
for safety, health or sanitation
requirements, provided that:
(a)
the new dwelling complies with all the requirements for dwellings and the floor
area of the new dwelling is not less than 56 square metres (600 square feet);
and
(b)
where a dwelling is located in the flood plain, it is reconstructed with the same
ground floor area and in such a manner that it can be flood proofed and does
not increase the potential for flooding impacts upon other properties.
5.24.1 "Shipping Containers"
Shipping containers are permitted in the Rural (Ru) and Industrial Extractive (MX)
Zones provided that:
(a) Shipping containers all require a building permit and shall only be permitted as
an accessory use on a lot where a principal use already exists with the exception
of a licensed trailer where one shipping container is permitted as an accessory
storage structure not larger than 3.05m (10 feet) in length, 2.44m (8 feet) in
width, and 2.59m (8.5 feet) in height. See also Section 5.29(b);
(b) Unless stated elsewhere in this By-law, shipping containers are only permitted
for accessory storage purposes, based on lot area at a rate of one (1)
shipping container per 0.4ha (1 ac.) or part thereof to a maximum of two (2). In
no case is a shipping container permitted on a lot having an area of less than
0.4ha (2 ac.);
(c) No shipping container shall be used for human habitation, home industry or any
occupation or business;
(d) Any change of use or exterior finishes for a shipping container shall require a
building permit and site plan control under Section 41 of the Planning Act;
(e) No shipping container shall exceed a height of 3m (10 ft.) or a length of
16.76m (55 ft.);
(f) A shipping container shall only be located in the rear yard and shall be located
no closer than 30m (98 ft.) to any street line;
47
(g) A shipping container is permitted in the driveway of a residential property for
the purpose of temporary loading or unloading of household items during
the
process of moving and for a period not exceeding five (5) days. Such temporary
shipping containers shall not exceed a maximum height of 3.0 m (10 ft.) and a
maximum length of 6.1m (20 ft.). And no temporary shipping container shall
encroach onto a public sidewalk or locate closer than 0.3m (1 ft.) from the curb
or shoulder in situations where no sidewalk exists, and no shipping container shall
create a site line obstruction;
(h) A shipping container shall be screened from view from the street and abutting
properties and shall not encroach into any required landscaping buffer;
(i) A shipping container shall be included in all calculations for the purpose of
determining maximum lot coverage;
(j) A shipping container shall not be located in a required parking area;
(k) A shipping container shall not be placed for the purpose of display or
advertising;
(l) A shipping container shall not be used for the purpose of a commercial storage
facility.
(m) Notwithstanding any other provision of this By-law, a shipping container is
permitted on a construction site being developed for a single structure or as a plan
of subdivision/condo for temporary storage of equipment and materials incidental
to construction only, and for a temporary period not to exceed one year.
5.25
"Sight Triangles" (Daylighting Triangle)
On a corner lot within 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
10 metres (30 feet) measured along the street line from the point of intersection of the
street lines, no building, structure or planting which would obstruct the vision of motor
vehicles shall be erected. Such triangular space may hereinafter be called a "daylighting
triangle".
Where the two street lines do not intersect at a point, the point of intersection of the
street lines shall be deemed to be in the intersection of the projection of the street lines
or the intersection of the tangents to the street lines.
5.26
"Sign Provisions"
Signs within the Municipality are subject to the provisions of any sign by-law of the
Municipality pursuant to the provisions of The Municipal Act.
48
5.27
"Swimming Pools"
Notwithstanding anything contained in this By-law, a swimming pool is permitted as
an accessory use in the side or rear yard of any zone provided no part of any pool is
located closer to any side or rear lot line than 2 metres (6 feet) and every swimming
pool shall be enclosed by a fence of at least 2 metres (6 feet) in height equipped with
any gate capable of being locked and located at a distance of not less than 1 metre (3
feet) and not more than 10 metres (30 feet) from the pool.
5.28
"Temporary Uses - Construction Equipment"
Notwithstanding any other provisions of this By-law, uses such as a construction camp,
work camp, tool shed, scaffold or other building or structure incidental to construction
are permitted in any zone provided that:
(a)
such uses, buildings or structures are used only as long as are reasonably
necessary for work in progress which has neither been finished nor abandoned
or a period of one year whichever is the lesser;
(b)
such uses, buildings or structures are removed when the work permitted is
terminated.
5.29
"Temporary Uses - Trailers for Human Habitation"
In the Shoreline Residential (SR) or Rural (Ru) Zones a trailer or park model
trailer equipped with toilet facilities including an approved sewage holding tank may
be used for temporary human habitation provided that:
(a)
During the construction of a dwelling on a lot, the trailer or park model
trailer is located on the same lot as the dwelling under construction, and
complies with the setback provisions for the zone in which the lot is
located; and
(i) A building permit for said construction has been issued and a
license is obtained from Joly Township in accordance with the
Trailer Licensing By-law 2013-26; and
(ii) The trailer or park model trailer shall be removed from the premises
upon completion of the dwelling within 60 days of the
discontinuance of construction; and
(iii) A maximum of one trailer or park model trailer is permitted on the
same lot.
(b)
It may be used seasonally on an existing vacant lot, abutting a
municipally-maintained road provided such trailer or park model trailer
has a current license issued in accordance with the Township's Trailer
49
Licensing By-law 2013-26. Such structure shall cease to be used for
human habitation upon expiry of the license. In addition, one accessory
storage structure is permitted for each licensed trailer to provide inside
storage of materials, furniture, tools, generators and outdoor equipment.
The maximum gross floor area of such an accessory storage structure shall
not exceed 9.3 square metres (100 sq. ft.). All such structures shall be
made of durable weather-resistant materials and shall not include any
shipping container larger than 3.05m (10 feet) in length, 2.44m (8 feet) in
width, and 2.59m (8.5 feet) in height.
(c)
It may be used for the occasional accommodation of guests provided that
a single detached dwelling exists on the same property.
(d)
In addition, tents or marquees are permitted for children's play, picnics,
weddings, family reunions, or other similar private functions.
5.30
"Truck, Bus and Coach Bodies"
Notwithstanding anything contained in this By-law, no truck, bus, coach, street car
body, recreational vehicle or structure of any kind, other than a dwelling unit erected
and used in accordance with this and all other by-laws of the Municipality, shall be
used for human habitation, whether or not the same is mounted on wheels or other
form of mounting or foundation.
5.31
"Undersized Lots of Record and Road Widening Issues"
(a)
Where a lot of record having a lesser lot area and/or lot frontage than that
required herein is held under distinct and separate ownership from abutting lots
as shown by a registered conveyance in the records of the Land Registry Office
at the date of the passing of this By-law, such smaller lot may be used and a
building or structure may be erected, altered or used on such smaller lot,
provided that all other requirements of this By-law are complied with.
(b)
Nothing herein shall prevent a lot of record with lesser lot area and/or
frontage than required in this By-law from being increased in size provided
that such increase does not in any way further reduce the compliance with
any other provisions of this By-law. Where the resulting enlarged lot
continues to have undersized frontage and/or area, the relief, status and rights
bestowed by Section 5.31(a) shall continue to apply.
(c)
Where the dedication of land for road widening purposes creates a new lot
containing non-conforming setbacks for existing buildings or structures as
required by this By-law, the new setbacks shall be deemed to conform with the
minimum yard provisions applicable herein.
(d)
Where the dedication of land for road widening purposes results in a new lot
with undersized frontage and/or area as required by the provisions of this
50
By-law, such smaller lot may be used and a building or structure may be
erected, altered or used on such smaller lot, provided that all other
requirements of this By-law are complied with.
5.32 "Cannabis"
(a)
For the purposes of this By-law, a licensed medical marijuana facility, or a
licensed cannabis production facility are prohibited uses in all zones except
as otherwise permitted through a Zoning By-law Amendment; and
(b)
No person, other than a person who is authorized to do so under Part 2 of the
Access to Cannabis for Medical Purposes Regulations (SOR/2016-230) under
the Controlled Drugs and Substances Act (Canada), shall use any residential
premises, indoors or outdoors, including accessory secondary dwelling units or
apartments, for the growing of more than four (4) cannabis plants. (2020-007)
51
SECTION 6: RURAL Ru ZONE
6.1
"Permitted Uses"
a)
Agricultural uses, including all livestock uses, aerodromes, commercial
greenhouses, farm greenhouses, home professions, bed and breakfast
businesses, home occupations, hunting and fishing camps, and home
industries including small sawmills;
b)
One single detached dwelling or mobile home in conjunction with and on
the same lot as an agricultural operation;
c)
One single detached dwelling or mobile home on one non-agricultural lot;
home occupations, home professions, and bed and breakfast businesses;
d)
The following uses as they existed on the date of passing of this by law:
institutional uses, buildings and structures; dog kennels; religious retreats;
hunting and fishing camps; gun clubs; and seasonal camps;
e)
One seasonal cottage on one lot abutting a year-round municipally owned
and maintained road plus uses, buildings and structures accessory thereto
including one guest sleep cabin on the same lot (see also Section 2.84);
f)
Conservation, forestry, wildlife, resource management, and public park uses;
g)
Accessory uses, buildings and structures on one lot in conjunction with
existing principal uses permitted in Sections 6.1(a), (b) and (c) including
one rural sleep cabin (see also Sections 2.84.1 and 6.6) and one secondary
dwelling unit / apartment [see Section 5.2 (b)].
6.2
"Zone Requirements for Agricultural and Residential Uses Permitted in
Clauses (a) and (b) of Subsection 6.1"
(a)
Minimum Lot Frontage
100 metres (300 feet)
(i)
Notwithstanding Subsection 6.2(a), where a lot abuts a
navigable waterway the waterfront at the high-water mark shall
be deemed the only lot frontage even if the lot also abuts a street,
lane, or private right-of-way.
(ii)
Notwithstanding the provisions of Section 5.10, no person shall
erect or use a building or structure for permanent or full time use
on any lot fronting a navigable waterway unless the lot also abuts
a street or road which is open year-round and publicly owned and
maintained.
52
(b)
Minimum Lot Area
4 hectares (10 acres)
(c)
Maximum Lot Coverage
20 percent
(d)
Minimum Front Yard, Exterior Side Yard/Setback
As existing or the greater of a 15 metre (50 ft.) "yard" or a 25 metre (83
ft.) "setback" from the centre line of the travelled road, but in no case shall
this distance be less than the 15 metre (50 ft.) yard
(e)
Setback from a navigable waterway 30 metres (100 ft) from high water
mark
(f)
Minimum Interior Side Yard
(i)
5 metres (15 feet) for residential uses;
(ii)
10 metres (30 feet) for all other uses.
(g)
Minimum Rear Yard
12 metres (40 feet)
(h)
Minimum Floor Area for one
56 square metres
Single Detached Dwelling or
(600 square feet)
Mobile Home
(i)
Maximum Height for one Single
2-1/2 storeys
Detached Dwelling
6.3
"Zone Requirements for Dwellings, Mobile Homes, Institutional Uses and
Seasonal Cottages Permitted in Clauses (c), (d) and (e) of Subsection 6.1"
(a)
Minimum Lot Frontage
61 metres (200 feet)
(i)
Notwithstanding Subsection 6.3(a), where a lot abuts a navigable
waterway the waterfront at the high-water mark shall be deemed
the only lot frontage even if the lot also abuts a street, lane, or
private right-of-way.
(ii)
Notwithstanding the provisions of Section 5.10, no person shall
erect or use a building or structure for permanent or full time use
on any lot fronting a navigable waterway unless the lot also abuts
a street or road which is open year-round and publicly owned and
maintained.
(b)
Minimum Lot Area
0.8 hectares (2 acres)
53
(c)
Maximum Lot Coverage
35 percent
(d)
Minimum Front Yard, Exterior Side Yard/Setback
As existing or the greater of a 15 metre (50 ft.) yard or a 25 metre (83 ft.)
setback from the centre line of the travelled road, but in no case shall this
distance be less than the 15 metre (50 ft.) yard
(e)
Setback from navigable waterways 30 metres (100 ft.) from high water
mark
(f)
Minimum Interior Side Yard
(i)
5 metres (15 feet) for residential uses;
(ii)
10 metres (30 feet) for all other uses.
(g)
Minimum Rear Yard
12 metres (40 feet)
(h)
Minimum Floor Area for one
56 square metres
Single Detached Dwelling or
(600 square feet)
Mobile Home
(i)
Maximum Height for one Single
2-1/2 storeys
Detached Dwelling
6.4
"Separation of Noisy and Odorous Uses
(a)
No building or structure used for the raising, slaughtering or
keeping of livestock, poultry or furbearing animals; kennels; feed lot area; or
manure storage shall be located closer than:
(i)
300 metres (1,000 feet) to any residential lot;
(ii)
30 metres (100 feet) to any street line or side lot line.
(b)
No dwelling or mobile home shall be located within 300 metres (1000
feet) of any permitted building or structure on an adjacent lot used for
the raising, slaughtering or keeping of livestock, poultry or furbearing
animals; kennels; feed lot areas; manure storage; or small home industry
sawmills.
54
6.5
"Zone Requirements for Small Sawmills Permitted in Clause (a) of Subsection
6.1"
Small home industry sawmills shall be subject to the provisions of Subsection
5.14, shall require a building permit and have a minimum setback of 150 metres (500
feet), and shall not be located closer than 150 metres (500 ft.) to any dwelling on an
adjacent lot.
6.6
"Zone Requirements for Rural Sleep Cabins (see also Section 2.84.1)
Permitted in Clause (g) of Subsection 6.1"
(a) Minimum Front Yard and Exterior Side Yard/Setback:
As existing or the greater of a 15 metre (50 ft.) yard or a 25 metre (83 ft.)
setback from the centre line of the travelled road, but in no case shall this
distance be less than the 15 metre (50 ft.) yard.
(b) Minimum Interior Side Yard
5 metres (15 feet)
(c) Minimum Rear Yard
12 metres (40 feet)
(d) Maximum Height
4.5 metres (15 feet)
(e) Minimum Floor Area for a Rural Sleep Cabin
56 square metres (600 sq. ft.)
55
SECTION 7: SHORELINE RESIDENTIAL SR ZONE
7.1
"Permitted Uses"
(a)
One single detached dwelling or seasonal cottage on one lot with access to a year-
round municipally owned road plus uses, buildings and structures accessory
thereto including one guest sleep cabin on the same lot (see also Section 2.84 and
Section 7.5) boathouses, pump-houses, saunas and gazebos - see also Section
5.1(g).
(b)
Developments by Plan of Condominium
(c)
Home occupations and home professions.
7.2
"Zone Requirements for Waterfront Dwellings and Cottages"
(a)
Waterfront Lot Frontage
Where a lot abuts a navigable waterway, the waterfront at the high-water mark
shall be deemed the only lot frontage even if the lot also abuts a street, lane or
private right-of-way.
(i)
Minimum Lot Frontage
61 metres (200 feet)
(b)
Minimum Lot Area
0.8 hectares (2 acres)
(c)
Maximum Lot Coverage
35 percent
(d)
Minimum Front Yard and
Exterior Side Yard
30 metres (100 feet)
from high water mark
(e)
Minimum Interior Side Yard
3 metres (10 feet)
(f)
Minimum Rear Yard
8 metres (25 feet)
(g)
Minimum Floor Area for a Dwelling
56 square metres
(600 square feet)
(h)
Maximum Height for a Dwelling
2½ storeys
(i)
Minimum Landscaped Open Space
30%
7.3
"Zone Requirements for Developments by Plan of Condominium"
56
(a)
Maximum Density
One dwelling unit per 0.8 hectares
(2 acre)
(b)
Minimum Undeveloped Open Space Shoreline
30 metres (100 feet) per dwelling unit
(c)
Minimum Front Yard
30 metres (100 feet)
from high water mark
(d)
Minimum all Side Yards
and Rear Yard
30 metres (100 feet)
(e)
Maximum Height
2½ storeys
7.4
"Regulations for Boathouses, Pump Houses and Saunas"
(a)
Minimum Front Yard
1 metre (3 feet)
(b)
Minimum Side Yard
from front lot line
4 metres (12 feet)
(c)
Maximum Height
4 metres (12 feet)
.
7.5
"Zone Requirements for Guest Sleep Cabins (see also Definition Sections 2.84)"
(a)
Minimum Front Yard and
30 metres (100 feet)
Exterior Side Yard
from high water mark
(b)
Minimum Interior Side Yard
3 metres (10 feet)
(c)
Minimum Rear Yard
8 metres (25 feet)
(d)
Maximum Floor Area for a Guest Sleeping Cabin
25 square metres (269 sq. ft.)
(e)
Maximum Height
4.5 metres (15 feet)
57
SECTION 8: WETLANDS PROTECTION ZONE
8.1
"Permitted Uses"
(a)
Any dwellings or other buildings, structures or uses located on a lot on the effective
date of this By-law.
(b)
Docks, detached decks, pump houses and structures for flood or erosion control,
passive outdoor activities, pedestrian walkways, resource management uses and
conservation or forestry uses.
8.2
"Zone Requirements"
(a)
No buildings shall be permitted in the Wetlands Protection Zone except for existing
single detached dwellings or cottages where additions, alterations or the reconstruction
of the same buildings on the same building footprints shall be permitted provided that
buildings comply with the provisions of the relevant Shoreline Residential SR and
Rural Ru Zones.
58
SECTION 9: EXTRACTIVE INDUSTRIAL MX ZONE
9.1 "Permitted Uses"
-
an agricultural use excluding any building or structures;
-
an aggregate storage area;
-
a concrete batching plant;
-
a crushing plant;
-
a pit or quarry;
-
a temporary asphalt plant;
-
uses, buildings and structures accessory to the foregoing permitted uses excluding
any accessory residential use.
9,2 "Zone Requirements"
a)
Minimum Lot Frontage
no minimum
b)
Minimum Lot Area
no minimum
c)
Other Requirements:
(i)
No building, plant or product stockpile shall be located within 30
metres (100 feet) of any lot line or within 100 metres (300 feet) of any
residential zone or use.
(ii)
No pit or quarry shall be located within 30 metres (100 feet) of any
road allowance or 15 metres (50 feet) of any lot line.
59
SECTION 10: PUBLIC P ZONE
10.1 "Permitted Uses"
-
an agricultural use;
-
an existing aerodrome
-
a conservation use;
-
a forestry use;
-
a resource management use;
-
a recreational use;
-
a public use;
-
an existing residential use;
-
uses accessory to the permitted uses.
10.2 "Zone Requirements"
a)
Minimum Lot Frontage
as existing
b)
Minimum Lot Area
as existing
60
SECTION 11: EXCEPTIONS
The following provisions shall have effect notwithstanding anything else in this By-law and the
other provisions of this By-law shall be deemed to be amended insofar as is necessary to give
effect hereto:
Exception Numbers
(Used with various
Zoning
Classifications
as Shown on Schedule 'A'
Provisions
Ru-1 Aerodrome Schedule 'A-1' (2018-026)
Notwithstanding the provisions of Section 6 of the Rural (Ru) Zone of the Joly Township
Zoning By-law No. 2018-009, certain lands within the Aerodrome Special Policy Area of the
Joly Township Official Plan are subject to four Transport Canada unencumbered-lands
easements prohibiting trees or structures of any kind. All land uses shall comply with the
provisions of these easements and with all other applicable federal regulations. In addition, no
land, buildings or structures shall be used, altered, or erected except in accordance with the
following provisions:
Permitted Uses
a)
Aerodrome uses, including runways and taxiways, aircraft hangars and aircraft
parking ramps;
b)
Air passenger services and facilities, including buildings, car rentals and ground
transportation facilities;
c)
Air freight services and facilities including cargo and wholesale storage,
processing and distribution;
d)
Air ambulance, search and rescue, firefighting uses, including aircraft and
ground-based facilities and accessory structures;
e)
Flight training, including facilities and accessory structures that provide aviation
related education;
f)
Aircraft service, maintenance, repair and overhaul, including facilities and
accessory structures;
61
g)
Aircraft sales and the sale of aeronautical equipment and supplies, including
facilities and accessory structures for the storage, display, demonstration and
sales of aircraft and aeronautical equipment and supplies;
h)
Facilities and accessory structures that support the maintenance and operation
of recreational aircraft;
i)
Manufacturing, processing and assembly of aeronautic equipment and parts and
accessory warehousing; and
j)
Office uses accessory to a permitted use.
Buffer Strip
Where any lot line for lands zoned Ru-1 abuts a rural residential use, a strip of land adjacent to
the adjoining lot line, being a minimum of 15.0 m (49.2 ft.), shall be left in its natural state as a
compatibility buffer.
Ru-2 Aerodrome Schedule 'A-1' (2018-026)
Notwithstanding the provisions of Section 6 of the Rural (Ru) Zone of the Joly Township
Zoning By-law No. 2018-009, certain lands within the Aerodrome Special Policy Area of the
Joly Township Official Plan are subject to four Transport Canada unencumbered-lands
easements prohibiting trees or structures of any kind. All land uses shall comply with the
provisions of these easements and with all other applicable federal regulations. In addition, no
land, buildings or structures shall be used, altered, or erected except in accordance with the
following provisions:
Permitted Uses
a)
Aerodrome uses, including runways and taxiways, aircraft hangars and aircraft
parking ramps; and
b)
Air passenger services and facilities, including ground transportation facilities.
Buffer Strip
Where any lot line for lands zoned Ru-1 abuts a rural residential use, a strip of land adjacent to
the adjoining lot line, being a minimum of 15.0 m (49.2 ft.), shall be left in its natural state as a
compatibility buffer.
Ru-3H Rural Residential Holding Schedule 'A-1' (2018-026)
Notwithstanding the provisions of Section 6.1 of the Rural (Ru) Zone of the Joly Township
Zoning By-law No. 2018-009, the uses permitted on these lands shall be limited to one single-
62
detached dwelling, mobile home or seasonal cottage on one non-agricultural lot abutting
Airport Road or with access to Airport Road in the case of development by plan of
condominium.
Any removal of the Holding (H) symbol shall be subject to and preceded by the following:
a)
Compliance with the requirements of Section 15.4.1 Aerodrome Special Policy
Area of the Joly Township Official Plan; and
b)
An agreement with Joly Township under Section 53(12) of the Planning Act
regarding driveway design and maintenance over Township land to access the
travelled portion of Airport Road.
"Ru-3 Airport Lots Schedule 'A-1' (2019-019)
Notwithstanding the provisions of Section 6.1 of the Rural (Ru) Zone of the Joly Township
Zoning By-law No. 2018-009, the uses permitted on these lands shall be limited to one single-
detached dwelling, mobile home or seasonal cottage, plus accessory uses, buildings and
structures including one private aircraft hangar, and one secondary dwelling unit/apartment per
lot fronting Airport Road.
63
SECTION 12: ADMINISTRATION AND ENFORCEMENT
12.1 "Requirements for Building Permit"
In addition to all of the requirements of any by-law of the Corporation, no
building permit shall be issued in respect to the erection or alteration of a building
or structure until the following have been submitted to and approved by the Chief
Building Official to his satisfaction.
(a)
Two copies of a site plan, one copy of which shall be retained by the Chief Building
Official, drawn to scale and showing:
(i)
the dimensions of the lot to be built upon or otherwise used;
(ii)
the location of all existing buildings, structures or uses on the lot;
(iii)
the proposed location and dimensions of any building, structure or
use proposed for such lot; and
(iv)
the proposed location and dimensions of yards, landscaped open
spaces, parking areas and loading spaces.
(b)
A statement, signed by the Owner, disclosing the specific existing or proposed use for
each existing or proposed building or structure and containing all information
necessary to determine if such existing or proposed building, structure or use
conforms to the requirements of this By-law.
(c)
A certificate of approval pursuant to the Environmental Protection Act for a new
residence or an alteration to an existing residence where extra bedrooms or bathroom
facilities are to be added.
12.2
"Issuance of Building Permits"
Notwithstanding the provisions of any by-law of the Corporation to the contrary, no
building permit shall be issued where a proposed building, structure or alteration to an
existing building or structure would contravene in any way one or more of the
provisions hereof.
12.3
"Inspection"
(a)
Subject to Clause (b) of this Subsection, the Chief Building Official or By-law
Enforcement Officer of the Corporation, acting under the direction of Council,
is
hereby authorized to enter, at all reasonable hours, upon any property or
premises for the purpose of carrying out his duties pursuant to the provisions of
this By-law.
(b)
Notwithstanding anything to the contrary in Clause (a) of this Subsection, no
officer or employee of this Corporation shall enter any room or place
actually being used as a dwelling unit or part thereof without the
64
consent of the occupier, except under the authority of a search warrant
issued under The Provincial Offenses Act, or any successors thereto.
12.4
"Violations and Penalties"
(a) Every person who uses any lot, or erects or uses any building or structure or
any part of any lot, building or structure in a manner contrary to any
requirements of this By-law, or who causes or permits such use or erection, or
who violates any provisions of this By-law or permits such a violation, shall be
guilty of an offence, and upon conviction therefor, shall forfeit and pay a
penalty pursuant to Section 67 of The Planning Act.
(b) Each day of violation shall constitute an offence.
(c) Any building or structure which contravenes any requirement of this By-
law
may be removed or altered at the instance of the Corporation,
pursuant
to
the provisions of The Municipal Act.
12.5
"Remedies"
Where any building or structure is erected, altered, reconstructed or extended, or part
thereof is used, or any lot is used, in contravention of any requirements of this By-law,
such contravention may be restrained by action at the instance of any ratepayer or of
the Corporation pursuant to the relevant provisions of The Planning Act and/or The
Building Code.
12.6
"Validity"
If any section, clause or provision of this By-law, including anything contained in the
Schedules attached hereto, is for any reason declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or
any part thereof, other than the section, clause or provisions so declared to be the
intention that all the remaining sections, clauses or provisions of this By-law shall
remain in full force and effect until repealed, notwithstanding that one or more
provisions thereof shall have been declared to be invalid.
12.7
"By-laws Repealed"
By-Law No. 2008-06 of the Township of Joly, and all amendments thereto, is hereby
repealed.
65
SECTION 13: APPROVAL
13.1
"Effective Date"
This By-law will come into force and take effect upon being passed by Council subject
to the approval of the Ontario Municipal Board.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8 TH
OF MAY 2018.
DAY
Original Signed by Bruce Baker
Original Signed by Leanne Crozier
Bruce Baker, Mayor
Leanne Crozier, Clerk-Treasurer