HomeMy WebLinkAbout23 121 Amend Zoning By-law 2003-25, Plan Inverhuron Lots 6 to 10;E Victoria St W Albert St, Municipality of Kincardine (Bruce Township) (JHT2INV Development Inc.) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2023 – 121
Being a By-law to Amend Zoning By-law No. 2003 – 25, Being the
Comprehensive Zoning By-law for the Municipality of Kincardine
JHT2INV Development Inc. (c/o John Hood Tidman)
PLAN INVERHURON LOTS 6 TO 10; E VICTORIA ST W ALBERT ST,
Municipality of Kincardine (Bruce Township)
Whereas Section 34 of the Planning Act, R.S.O 1990 Chapter 13 authorizes the
Councils of Municipalities to enact and amend zoning by-laws which comply with
an approved official plan; and
Whereas the Council of the Corporation of the Municipality of Kincardine has
enacted By-law No. 2003 - 25, a zoning by-law enacted under Section 34 of the
said Planning Act; and
Whereas the Council of the Corporation of the Municipality of Kincardine desires to
amend By-law No. 2003 – 25; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
1. That Schedule 'A' to By-law No. 2003 - 25 as amended, is hereby further
amended by changing thereon from 'Environmental Protection (EP)' Zone
and 'Residential One (R1)' Zone to ‘Environmental Protection (EP)’ Zone,
‘Open Space (OS)’ Zone, ‘Residential Three Special (R3-ae)’ Zone,
‘Residential Three Special (R3-af)’ Zone and ‘Residential Four Special (R4-
n)’ Zone on those lands described as PLAN INVERHURON LOTS 6 TO 10;E
VICTORIA ST W ALBERT ST, Municipality of Kincardine (Bruce Township),
as outlined on the attached Schedule 'A'.
2. That By-law No. 2003 - 25 as amended, is hereby further amended by adding
the following subsection to Section 14.3 thereof.
Notwithstanding their ‘R3’ zoning designation, those lands
delineated as ‘R3-ae’ on Schedule ‘A’ to this By-law shall be used in
compliance with the ‘R3’ zone provisions contained in this By-law,
and shall comply with the following regulations which shall prevail in
the event of conflict:
a. The minimum number of dwelling units per lot shall be three (3)
which includes principal dwelling units and secondary suites;
b. Notwithstanding the Secondary Suite provisions set out in
Section 6.34:
i. The maximum number of secondary suites per lot shall be
three (3);
ii. One (1) secondary suite is permitted to exist outside the
principal dwelling unit as a stand-alone unit, where the
principal dwelling may be a ‘Single detached dwelling’,
‘Semi-detached dwelling’ or ‘Row dwelling’;
iii. Provision 6.34 v) shall not apply;
Page 2 of 3
Amend Zoning By-law 2003-25, PLAN INVERHURON LOTS 6 TO 10;E
VICTORIA ST W ALBERT ST, Municipality of Kincardine (Bruce Township)
(JHT2INV Development Inc.) By-law
By-law No. 2023 - 121
iv. The secondary suite may be erected in any yard, and
shall comply with the yard requirements of the zone in
which such building or structure is situated;
c. A maximum of one (1) dwelling unit per lot may be used for short
term rental accommodation where:
i. ‘SHORT TERM RENTAL ACCOMMODATION’ means an
entire dwelling unit that is used to provide sleeping
accommodations for any period of less than 28
consecutive days and is operated by the owner of the
property. Short term rental accommodation shall not
include an inn, hotel, bed and breakfast establishment,
boarding house dwelling or similar commercial or
institutional use.
3. By-law No. 2003 - 25 as amended, is hereby further amended by adding
the following subsection to Section 14.3 thereof:
Notwithstanding their ‘R3’ zoning designation, those lands
delineated as ‘R3-af’ on Schedule ‘A’ to this By-law shall be used in
compliance with the ‘R3’ zone provisions contained in this By-law,
and shall comply with the following regulations which shall prevail in
the event of conflict:
a. The minimum number of dwelling units per lot shall be two (2)
which includes principal dwelling units and secondary suites;
b. Notwithstanding the Secondary Suite provisions set out in
Section 6.34:
i. The maximum number of secondary suites per lot shall be
three (3);
ii. One (1) secondary suite is permitted to exist outside the
principal dwelling unit as a stand-alone unit, where the
principal dwelling may be a ‘Single detached dwelling’,
‘Semi-detached dwelling’ or ‘Row dwelling’;
iii. Provision 6.34 v) shall not apply;
iv. The secondary suite may be erected in any yard, and
shall comply with the yard requirements of the zone in
which such building or structure is situated;
v. The secondary suite may be accessed from a second
driveway;
c. A maximum of one (1) dwelling unit per lot may be used for short
term rental accommodation where:
i. ‘SHORT TERM RENTAL ACCOMMODATION’ means an
entire dwelling unit that is used to provide sleeping
accommodations for any period of less than 28
consecutive days and is operated by the owner of the
property. Short term rental accommodation shall not
include an inn, hotel, bed and breakfast establishment,
boarding house dwelling or similar commercial or
institutional use.
Page 3 of 3
Amend Zoning By-law 2003-25, PLAN INVERHURON LOTS 6 TO 10;E
VICTORIA ST W ALBERT ST, Municipality of Kincardine (Bruce Township)
(JHT2INV Development Inc.) By-law
By-law No. 2023 - 121
4. That By-law No. 2003 - 25 as amended, is hereby further amended by
adding the following subsection to Section 15.3 thereof:
Notwithstanding their ‘R4’ zoning designation, those lands
delineated as ‘R4-n’ on Schedule ‘A’ to this By-law shall be used in
compliance with the ‘R4’ zone provisions contained in this By-law,
and shall comply with the following regulations which shall prevail in
the event of conflict:
a. The minimum number of apartment dwelling units shall be eleven
(11);
b. A main floor commercial use shall be permitted in an apartment
dwelling, limited to the following non-residential uses:
i. Convenience Store
ii. Day Care Nursery (Licensed)
iii. Laundromat
iv. Personal Service Establishment
v. Place of Entertainment
vi. Restaurant
vii. Restaurant, Take-Out
viii. Video Outlet/Rental Establishment
c. The maximum gross commercial floor area shall be 185 square
metres;
d. The ‘Dwelling Unit Floor Area (Minimum)’ shall not apply.
5. This By-law takes effect from the date of passage by Council and comes into
force and effect pursuant to the provisions of the Planning Act, R.S.O. 1990,
as amended.
6. This By-law may be cited as the “Amend Zoning By-law 2003-25, PLAN
INVERHURON LOTS 6 TO 10;E VICTORIA ST W ALBERT ST,
Municipality of Kincardine (Bruce Township) (JHT2INV Development Inc.)
By-law”.
Read a First and Second Time this 10th day of July, 2023.
Read a Third Time and Finally Passed this 10th day of July, 2023.
Mayor Clerk
Schedule 'A'
PLAN INVERHURON LOTS 6 TO 10;E VICTORIA ST W ALBERT ST Roll Number 410826000411900
Municipality of Kincardine (Bruce Township)
File: Z-2022-084 Applicant: JHT2INV Development Inc.Date: July 2023
This is Schedule 'A' to the zoning by-law
amendment number ___________ passed this
________ day of _______________________
Mayor_________________________________
Clerk _________________________________
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Subject Property
Lands to be zoned R3-ae - Residential Three Special
Lands to be zoned R3-af - Residential Three Special
Lands to be zoned R4-n - Residential Four Special
Lands to be zoned OS - Open Space
Lands to be zoned EP - Environmental Protection
2023 - 121
10th July, 2023