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HomeMy WebLinkAboutKIN 96 090 Rezoning-Buffer Zone e e e e THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1996-90 A BY-LAW TO AMEND BY-LAW NO. 1988-1 IN ORDER TO AMEND THE TOWN OF KINCARDINE ZONING BY-LAW WITH RESPECT TO PLANTING STRIPS AND BUFFER ZONES. WHEREAS Section 34 of the planninq Act, R.S.O. 1990, Chapter P.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 Kincardine has enacted By-law No. enacted under Section 34 of the said Corporation of the 1988-1, a zoning Planninq Act; Town of by-law AND WHEREAS the Council of The Corporation of the Town of Kincardine desires to amend By-law No. 1988-1; AND WHEREAS this By-law complies with the Kincardine's Official Plan which was approved by the of Municipal Affairs on January 31, 1989; Town of Ministry NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. Section 2.64 of By-Law 1988-1 is hereby amended by the following Section 2.64 and the addition of Section 2.65: 2.64 "Plantinq Strip" shall mean the space on a lot upon which shrubs, trees, flowers or grass are grown in accordance with the provisions of this By-law. At the discretion of Council, a "pri vacy Fence" developed in accordance wi th the provisions of this By-law may replace or be required in addition to the requirements of a planting strip. When used on a Zoning Map Schedule, or Site Plan, "Planting Strip" or "privacy Fence" defines an area which shall only be used .for those purposes, with the exception of service easements, if required. 2.65 "Privacv Fence" shall mean continuous fence constructed material to a height of not metres (5.5 feet) so as to round visual barrier. a solid and of suitable less than 1 . 7 provide a year 2. Section 4.13 of By-Law 1988-1 is hereby amended by the following Sections 4.13.1, 4.13.2, 4.13.3 and 4.13.4: . . . /2 Page 2 By-Law No. 1996-90 e 2. (cont'd) 4.13.1 Use A planting strip shall be used for no other purpose than planting of a combination of shrubs and trees, not less than 1.5 metres (5 feet), immediately adjacent to the lot line or portion thereof along which such planting strip is required. If only shrubs are planted on the planting strip, or in the absence of a fence in conjunction with a planting strip, they must be planted in such a manner as to form a continuous unpierced hedgerow. A privacy fence shall be solid and continuous and constructed of suitable material to a height of not less than 1.7 metres (5.5 feet) so as to provide a year round visual barrier. 4.13.2 width Where zone, metres a planting strip is required in it shall be a minimum width of unless otherwise provided herein. any 3.0 e Where a privacy fence is required in any zone, no minimum width shall be provided. The location of the fence shall be determined through Site Plan Control. e 4.13.3 Location Where a lot is used for a Commercial or Industrial purpose or where planting strips or privacy fences are specifically required in accordance with this section, and the interior side and/or rear lot line, or portion thereof abuts a Residential or Development Zone, then a planting strip and/or privacy fence adj oining such zone shall be provided on the lot, in accordance with the provisions of this subsection. When required adjacent to a street, a planting area and/or fence shall be located so as to not form an obstruction to traffic by conflicting with the sight visibility triangles as required in this By-Law. 4.13.4 Driveways In all cases where access and exit driveways extend through a planting strip or privacy fence, it shall be permissible to interrupt the strip/fence within 3.0 metres of the edge of such driveway. 3 . The following sub-sections of Sections 6 By-Law 1988-1 are hereby amended by adding "and/or privacy fence· after the words Strips· in each sub-section: and 7 of the words ·P1antinQ i) 6.1. 2 (8) ii) 6.1.3 (9) iii) 6.2.2 (8) iv) 6.2.2 (8) e v) 6.3.2 (8) vi) 6.3.4 (8) vii) 6.4.2 (10) viii) 6.5.2 (8) ix) 7.1. 2 (9) x) 7.2.2 (9) . . . /3 Page 3 By-Law No. 1996-90 e 4. This by-law passage by pursuant to shall take effect from the date of Council and comes into full force and the provisions of the Planninq Act. final effect 5. This by-law may be cited as the "Buffer Zone Rezoning By-law" . READ a FIRST and SECOND time this 5th day of December, 1996. READ a THIRD time and FINALLY PASSED this 19th day of December, 1996. ~~ e Mayor ~ e e