HomeMy WebLinkAboutKIN 96 090 Rezoning-Buffer Zone
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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:
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By-Law No. 1996-90
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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
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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.
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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)
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By-Law No. 1996-90
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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.
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