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HomeMy WebLinkAbout99 009 Canadian Tire - Zoning .- . . .- , THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE-TIVERTON BY-LAW BY-LAW NUMBER 1999 - 09 A BYLAW TO AMEND BY-LAW 1988-1, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW OF THE CORPORATION OF THE TOWN OF KINCARDINE NOW THEREFORE The Council for the Corporation of the Township of Kincardine- Bruce-Tiverton, pursuant to Section 34 of the Planning Act, R.S.O. 1990, ENACTS as follows: 1. By-law No. 1988-1, as amended, is hereby further amended by modifying Section 2.8 of Section 2, Definitions, with the addition of the following statement after the words "related products,": "this includes motorized recreational vehicles," 2. By-law No. 1988-1, as amended, is hereby further amended by adding following definition to section 2, Definitions, and renumbering all subsequent definitions in Section 2, accordingly: "2.31 "Fann Implement Establishment" means a retail establishment which deats in the sale of new and used agricultural machinery and supplies and may include the servicing of such machinery, but does not include the sale of new and used automotive vehicles or supplies. 3. By-law No. 1988-1, as amended, is hereby further amended by adding following definition to Section 2, Definitions, and renumbering all subsequent definitions in Section 2, accordingly: "2.57 "Motel" means a building used primarily for the purpose of catering to the travelling public by furnishing sleeping accommodation and may include permanent staff quarters, but does not include any other establishment otherwise defined or classified in this By- law." 4. By-law No. 1988-1, as amended, is hereby further amended by deleting Section 2.67 of Section 2, Definitions, and replacing it with the following: "2.67 "Retail Warehousing" shall mean a building or structure or portion thereof having a minimum of 232 square meters (2500 square feet) wherein goods, wares, or merchandise are offered for sale at retail, including a food store." 5. By-law No. 1988-1, as amended, is hereby further amended by adding the following zone to the list of zones identified in Section 3.1, Classification of Zones: "C6 Business Park" . ../2 - 2 Comprehensive Zoning By-Law Amendment . By-law No. 1988-1, as amended, is hereby further amended by deleting the title of Section 6, plus the first paragraph of that Section and replacing it with the following: 6. "SECTION 6 - COMMERCIAL ZONES - CL C2. C3. C4. C5 AND C6 In any Commercial CI, C2, C3, C4, C5 and C6 Zones, no person shall use any building, structure or land nor erect any building or structure except in accordance with the following provisions:" 7. By-law No. 1988-1, as amended, is hereby further amended by adding the following new subsection to Section 6, Commercial Zones: 6.6 BUSINESS PARK "C6" 6.2.1 Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A business or professional office A retail warehouse A public utility A research & development facility A computer & electronic processing establishment A scientific or technological establishment A communication and information establishment A business or government service A recreation facility oriented to fitness A kennel A veterinary clinic A commercial college or school An automotive sales establishment An automotive services establishment An autobody repair shop A motel A building supply centre A farm implement establishment A light manufacturing, processing or assembly operation, (but not including a junk salvage, scrap or wrecking yard, an abattoir or meat packing plant or an offensive trade as defined by the Public Health Act) A retail store involving the sales and service of heavy machinery and factory equipment A cartage, express truck transport terminal A contractor's or tradesman's shop A dry-cleaning establishment A fuel storage tank or supply yard A laundry shop A nursery and greenhouse A equipment rental establishment A municipal service garage, warehouse or storage yard A parking lot A printing or publishing plant An office, retail, wholesale, or service outlet accessory to a permitted use A service shop A warehouse and/or commercial storage A manufacturing, servicing, or repair of marine and boating equipment A banquet hall or club house An accessory use 6.2.2 Zone Rel!:ll1ations for Business Park . 1) 2) 3) 4) 5) 6) 7) 8) 9) Lot Area (Minimum) Lot Width (Minimum) Front Yard (Minimum) Exterior Side Yard (Minimum) Interior Side Yard (Minimum) Rear Yard (Minimum) Buildin~ Height (Maximum) Minimum Yard When Abutting A Residential Zone Minimum Yam When Abutting Highwav #9 or #21 1850 square metres 30.0 metres 15.0 metres 15.0 metres 6.0 metres 15.0 metres 15.0 metres 30.0 metres 45.0 metres . . . . 3 Comprehensive Zoning By-Law Amendment 10) ()pen Storage - The open storage of goods or materials shall be permitted provided that: i) Such open storage is accessory to the use of the main building on the lot; Such open storage complies with the yard requirements of this Section; Such open storage does not cover more than 15% of the lot area nor exceed the gross floor area of the main building on the lot; and, Any portion of the area used for open storage where it does not adjoin the outside wall of the building is concealed from view from the street by a fence or wall. ii) iii) iv) Notwithstanding the above, where a building is divided into a number of different industrial units, each unit may have one designated storage area, either in the side or rear yard of the main building, provided that the total area of open storage on the site does not exceed 15 percent of the gross floor area of the main building and meets all other requirements of this By-law. 11) Planting Strips - Planting strips shall be required between any permitted use, parking area, or open storage area and adjacent roads in accordance with Section 4.13. Notwithstanding section 4.13, when abutting a residential zone, such planting strips shall have a minimum width of 30 metres and shall be stocked with mature coniferous and deciduous trees. 12) 13) Loading Space- Off-Street Parking - (Refer to Section 4.10) (Refer to Section 4.12) 6.2.3 SPECIAL PROVISIONS 8. Schedule "A" to By-law No. 1988-1, as amended, is hereby further amended in accordance with Schedule "A" attached hereto and forming part of this By-law. 9. 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, RS.O. 1990. 10. This By~law shall be cited as the "Canadian Tire (The Annex) Rezoning, By-law". READ a FIRST and SECOND time this 27th day of January, 1999. READ a THIRD time and FINALLY PASSED this 3rd day of February, 1999. ~j?5 ~l - . . .' '.~ (-".J - SCHEDULE "A" LOT I, CONCESSION I, S,D.R TOWN OF KINCARDINE ____,--u I T~~NSH~. OF .K~NCA~~INE l., lIC-'_YIIO.. -, 01 ) ] I r I J__~_ T ----~ iJ! _ I ----- 1 , - a::: CI Vl .... I a i I u z o u ! ._nn__J ~ '-~--~--l- ---I :J, II _J /--- -_.- LOT 1 - I -----/' SUBJECT PROPERTY LANDS TO BE REZONED TO "C6 - BUSINESS PARK COMMERCIAL" SCHEDULE "Au THIS IS SCHEDULE "A" TO BY-LAW 1999-09 PASSED THIS OF Februa~~ MAYOR ........~ CLERK ~~Y-n.~ql'{ 3rd DAY APPLICANT: KINCARDINE APPLlCATION:~ DATE: IANUARY 1999 BY-LAW NUMBER 1999 - 09 A BYLAW TO AMEND BY-LAW 1988-1, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW OF THE CORPORATION OF THE TOWN OF KINCARDINE NOW THEREFORE The Council for the Corporation of the Township of Kincardine- Bruce-Tiverton, pursuant to Section 34 of the Planning Act, RS.O. 1990, ENACTS as follows: 1. By-law No. 1988-1, as amended, is hereby further amended by modifying Section 2.8 of Section 2, Definitions, with the addition of the following statement after the words "related products,": "this includes motorized recreational vehicles," 2. By-law No. 1988-1, as amended, is hereby further amended by adding following definition to section 2, Definitions, and renumbering all subsequent definitions in Section 2, accordingly: "2.31 "Farm Implement Establishment" means a retail establishment which deals in the sale of new and used agricultural machinery and supplies and may include the servicing of such machinery, but does not include the sale of new and used automotive vehicles or supplies. 3. By-law No. 1988-1, as amended, is hereby further amended by adding following definition to Section 2, Definitions, and renumbering all subsequent definitions in Section 2, accordingly: "2.57 "Motel" means a building used primarily for the purpose of catering to the travelling public by furnishing sleeping accommodation and may include permanent staff quarters, but does not include any other establishment otherwise defined or classified in this By- law." 4. By-law No. 1988-1, as amended, is hereby further amended by deleting Section 2.67 of Section 2, Definitions, and replacing it with the following: "2.67 "Retail Warehousing" shall mean a building or structure or portion thereof having a minimum of 232 square meters (2500 square feet) wherein goods, wares, or merchandise are offered for sale at retail, including a food store." 5. By-law No. 1988-1, as amended, is hereby further amended by adding the following zone to the list of zones identified in Section 3.1, Classification of Zones: "C6 Business Park" .../2 2 Comprehensive Zoning By-Law Amendment 6. By-law No. 1988-1, as amended, is hereby further amended by deleting the title of Section 6, plus the first paragraph of that Section and replacing it with the following: "SECTION 6 - COMMERCIAL ZONES - CL C2, C3, C4, C5 AND C6 In any Commercial Cl, C2, C3, C4, C5 and C6 Zones, no person shall use any building, structure or land nor erect any building or structure except in accordance with the following provisions:" 7. By-law No. 1988-1, as amended, is hereby further amended by adding the following new subsection to Section 6, Commercial Zones: 6.6 BUSINESS PARK "C6" 6.2.1 Permitted Uses · A business or professional office · A retail warehouse · A public utility · A research & development facility · A computer & electronic processing establishment · A scientific or technological establishment · A communication and information establishment · A business or government service · A recreation facility oriented to fitness · A kennel · A veterinary clinic · A commercial college or school · An automotive sales establishment · An automotive services establishment · An autobody repair shop · A motel · A building supply centre · A farm implement establishment · A light manufacturing, processing or assembly operation, (but not including a junk salvage, scrap or wrecking yard, an abattoir or meat packing plant or an offensive trade as defined by the Public Health Act) · A retail store involving the sales and service of heavy machinery and factory equipment · A cartage, express truck transport terminal · A contractor's or tradesman's shop · A dry-cleaning establishment · A fuel storage tank or supply yard · A laundry shop · A nursery and greenhouse · A equipment rental establishment · A municipal service garage, warehouse or storage yard · A parking lot · A printing or publishing plant · An office, retail, wholesale, or service outlet accessory to a permitted use · A service shop · A warehouse and/or commercial storage · A manufacturing, servicing, or repair of marine and boating equipment · A banquet hall or club house · An accessory use 6.2.2 Zone Regulations for Business Park 1) 2) 3) 4) 5) 6) 7) 8) Lot Area (Minimum) Lot Width (Minimum) Front Yard (Minimum) Exterior Side Yard (Minimum) Interior Side Yard (Minimum) Rear Yard (Minimum) Building Height (Maximum) Minimum Yard When Abutting A Residential Zone Minimum Yard When Abutting Highway #9 or #21 1850 square metres 30.0 metres 15.0 metres 15.0 metres 6.0 metres 15.0 metres 15.0 metres 30.0 metres 9) 45.0 metres 3 Comprehensive Zoning By-Law Amendment 10) Open Storage - The open storage of goods or materials shall be permitted provided that: i) Such open storage is accessory to the use of the main building on the lot; ii) Such open storage complies with the yard requirements of this Section; iii) Such open storage does not cover more than 15% of the lot area nor exceed the gross floor area of the main building on the lot; and, iv) Any portion of the area used for open storage where it does not adjoin the outside wall of the building is concealed from view from the street by a fence or wall. Notwithstanding the above, where a building is divided into a number of different industrial units, each unit may have one designated storage area, either in the side or rear yard of the main building, provided that the total area of open storage on the site does not exceed 15 percent of the gross floor area of the main building and meets all other requirements of this By-law. 11) Planting Strips - Planting strips shall be required between any permitted use, parking area, or open storage area and adjacent roads in accordance with Section 4.13. Notwithstanding section 4.13, when abutting a residential zone, such planting strips shall have a minimum width of 30 metres and shall be stocked with mature coniferous and deciduous trees. 12) 13) Loading Space - Off-Street Parking - (Refer to Section 4.10) (Refer to Section 4.12) 6.2.3 SPECIAL PROVISIONS 8. Schedule "A" to By-law No. 1988-1, as amended, is hereby further amended in accordance with Schedule "A" attached hereto and forming part of this By-law. 9. 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. 10. This By-law shall be cited as the "Canadian Tire (The Annex) Rezoning, By-law". READ a FIRST and SECOND time this 27th day of January, 1999. READ a THIRD time and FINALLY PASSED this 3rd day of February, 1999. Mayor Clerk -- . . \':!..-- -, (. ~ 'J - SCHEDULE "A" LOT I, CONCESSION I, S.D.R TOWN OF KINCARDINE __,_~1J ~~~NSH~. OF .~NC"'~~INE _ØfG'S_MO.t '" C0 ] I I I I I ] I T ---- R] - ~ o VI ~ u z o u I I ! nno----___j ø o-------r --. :J. I' .-/ ___J LOT , -./ .../" ~-- -, SUBJECT PROPERTY LANDS TO BE REZONED TO "C6 - BUSINESS PARK COMMERCIAL" SCHEDULE "A" THIS IS SCHEDULE "A" TO BY-LAW 1999-09 PASSED THIS 3rd DAY :y::br:~i~ CLERK +<:>c::::::::..rn.kOI'< APPliCANT: I<INCARDINE APPLICATlON:~ DATE: IANUARY 1999 _JI<.("2'_"