HomeMy WebLinkAboutKIN 92 052 Zoning -Housekeeping
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THE CORPORATION OF THE TOWN OF KINCARDI N E
BY-LAW
BY-LAW NO. 1992-52
A BY-LAW TO AMEND BY-LAW NO. 1988-1 AS AMENDED, BEING THE
COMPREHENSIVE ZONING BY-LAW OF THE TOWN OF KINCARDINE
WHEREAS Section 34 of the Plannina 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
Plannina 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;
NOW THEREFORE the Council for The corporation of the Town
of Kincardine ENACTS as follows:
Town of
Ministry
1.
Number 1988-1, as amended, is hereby further
by deleting subsection 5.2.4 and replacing it
following Subsections 5.2.2(a) and (b):
Zone Reaulations for sinale Detached Dwellinas
No person shall within àny R2 zone use any
lot or erect, alter or use any building or
structure except in accordance with the
provisions of Section 5.1.2 of this By-Law,
provided however the following regulations
shall apply:
Interior Side Yard (minimum) 240.0
centimetres, for one interior side yard and 1
metre for the opposite side of the same lot
plus 60 centimetres on the narrow side for
each additional or partial storey above the
first storey on that side. Provided that
where a garage or carport is attached to the
main building, or the lot is a corner lot,
the minimum width of the interior shall be
one metre plus 60 centimetres for each
additional or partial storey above the first
storey on that side.
By-Law
amended
with the
5.2.2.
5.2.2. (a)
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5.2.2(b)
Lot Area (minimum)
325 square metres
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Lot Width (minimum)
i) Interior Lot
ii) Corner Lot
Coveraae (maximum)
10.5 metres
15.0 metres
45 percent
2.
By-Law Number 1988-1,
amended by deleting
replacing it with
5.1.4.5(ii) :
Dwellina Unit Floor Area
(minimum) 67 square metres
as amended is hereby further
Subsection 5.1.4.5(ii) and
the following Subsection
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5.1.4.5(ii) Notwithstanding any other provisions of
this By-Law to the contrary, existing
buildings and structures may be altered
extended and/or reconstructed, provided
that such alteration, extension and/or
reconstruction does not further contravene
any other provisions of this By-law.
Provided that where an existing dwelling
encroaches on the required front yard, the
existing dwelling may be altered, provided
that any addition to the existing
structure does not encroach any further
into the front yard setback than the
existing dwelling and does not contravene
any other provisions of this By-Law.
3. By-Law Number 1988-1, as amended, is hereby further
amended by deleting Subsection 4.12.1 (f) and
replacing it with the following Subsection 4.12.1 (f):
4.12.1 (f) Church
One space for each 10 fixed seats or
fraction thereof, or if no fixed seats,
one space for each 10 square metres of
floor area or fraction thereof, used for
seating, plus 1.5 spaces for each
classroom and one additional space for
each office.
4. By-Law 1988-1, as amended, is hereby further amended
by deleting Subsection 2.25.5 and replacing it with
the following Subsection 2.25.5:
5.
"Semi Detached Dwellina" shall mean one of
a pair of two attached single dwelling
units divided vertically by a fire
separation wall, each of which has an
independent entrance either directly from
the outside or through a common vestibule.
By-Law Number 1988-1, as amended, is hereby further
amended by deleting Subsection 4.9 and replacing it
with the following Subsection 4.9:
2.25.5
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4.9 HOME OCCUPATION
A home occupation is a permitted use in a single
family detached dwelling or a detached accessory
building subject to the following regulations:
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Such home occupation is clearly secondary
to the main residential use and does not
change the residential character of the
dwelling house nor create or become a
nuisance in particular with regard to
noise, odour, traffic, or parking thereby
interfering with the use and enjoyment of
the surrounding properties;
There shall be no visible indication that a
home occupation is being carried out,
except that one sign shall be permitted and
such sign shall conform with all aspects of
the Sign By-Law of the Town of Kincardine.
There shall be no external storage of
goods, materials or equipment, nor shall
there be any goods services or merchandise
offered or exposed externally for sale or
rent on the premises; and
Notwithstanding that a home occupation may
be located either in a single detached
dwelling or a detached accessory structure,
not more than 25 percent of the gross floor
area of the detached dwelling or up to a
maximum of 28 square metres, whichever is
lesser, shall be used for home occupation.
6. By-LaW Number 1988-1, as amended, is hereby further
amended by adding the following new Subsection 5.1.5.1
to section 5 thereof:
4.9.2
4.9.1
4.9.3
4.9.4
5.1.5.1
Zone Reaulations for a Church
Refer to section 8.1.2
7. By-Law 1988-1, as amended, is hereby further amended
by adding the following new Subsection 5.2.7.1 to
Section 5 thereof:
5.2.7.1
Zone Reaulations for a Church
Refer to Section 8.1.2
8. By-Law 1988-1, as amended, is hereby further amended
by adding the following new Subsection 5.3.12. 1 to
Section 5 thereof:
5.3.12.1
Zone Reaulations for a Church
Refer to Section 8.1.2
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9.
By-Law 1988-1, as amended, is hereby further amended
by adding the following use to the Permitted Uses
listed in Subsection 6.3.1:
- A Church
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10. By-Law 1988-1, as amended, is hereby further amended
by adding the following use to the Permitted Uses
listed in Subsection 6.1.1
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- A Church
11. By-Law 1988-1, as amended, is hereby further amended
by adding the following new Subsection 6.3.6.1 to
section 6.0 thereof:
6.3.6.1
Zone Reaulations for a Church
Refer to Section 8.1.2
12. By-Law 1988-1, as amended, is hereby further amended
by adding the following new Subsection 6.1.5.1 to
Section 6 thereof:
6.1.5.1
Zone Reaulations for a Church
Refer to Section 8.1.2
13. By-Law 1988-1, as amended, is hereby further amended
by deleting Subsection 11.1.2(1) and replacing it with
the following Subsection 11.1.2(1):
11.1.2(1)
Lot Area (Minimum)
4.0 hectares
14. By-Law 1988-1, as amended, is hereby further amended
by deleting Subsection 5.3.8(2) and replacing it with
the following Subsection 5.3.8(2):
5.3.8(2)
Lot Width (Minimum)
27.5 metres
15. By-Law 1988-1, as amended, is hereby further amended
by adding the following paragraph 3 to subsection 4.16
thereof:
113.
In addition to any sheds, scaffolds, or
other structures incidental to building
construction, accessory sales offices may
be permitted in any Zone for so long as
the same is necessary for work in progress
which has neither been finished, nor
abandoned, provided such sales office is
provided for in a Subdivider's Agreement
which is in effect."
16. By-Law 1988-1, as amended, is hereby further amended
by deleting the first paragraph of subsection 4.8 and
replacing it with the following paragraph:
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"No person shall erect any building or
structure, or increase the height size or
volume of existing structures, in any Zone
unless the lot upon which such building or
structure is to be erected fronts upon an
improved street; or in the case of a lot
on a Registered Plan of Subdivision,
unless a 'Subdivider's Agreement' is in
effect."
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17. By-Law 1988-1, as amended, is hereby further amended
by adding the following new Subsection 4.12.1 (w) to
Section 4.12.1 thereof:
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4.12.1(w)
Library
1 space for each 750
square metres of gross floor
area, or fraction thereof,
plus 3 spaces for each 4
employees, or fraction
thereof.
18. By-Law 1988-1, as amended, is hereby further amended
adding the following sentence to section 2.44 thereof:
"In the case of a lot partially zoned
'Residential', the 'Residential' lot area
calculation may include those portions of the
lot zoned residential, open space and hazard,
provided however, that any building or
structure be constructed entirely on that
portion of the lot zoned residential."
19. Schedule "A" to By-Law 1988-1, as amended, is hereby
further amended by Zoning those lands described as Lot
5 nls of Bruce Avenue and wls of Alice street, Plan
61, to 'Ml', as shown outlined on the attached
Schedule "A".
20. By-Law 1988-1, as amended, is hereby further amended
by adding the following sentence to Section 4.2.4
thereof:
The total lot coverage of all accessory
buildings or structures on a lot within the
'C3' or 'Ml' zones shall not exceed 50 percent
of the total lot area.
21. By-Law 1988-1, as amended, is hereby further amended
by deleting Subsection 4.12.1(n) and replacing it with
the following Subsection 4.12.1(n):
4.12.1(n)
Retail Store, Personal
Service Shop, General
Store, Local Convenience
Store, Grocery Store
1 space for
each 20 metres
of sales or
service area,
or fraction
thereof.
22.
By-Law 1988-1, as amended, is hereby further
by deleting Subsection 2.10 and replacing it
following Subsection 2.10:
amended
with the
2.10
BED & BREAKFAST OR TOURIST HOME
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Shall mean an owner occupied dwelling
house, containing three rooms or less,
used or maintained specifically for the
accommodation of the public, in which the
owner or lessor supplies for hire or gain,
lodgings with or without meals,
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23.
By-Law 1988-1, as amended, is hereby further amended
by deleting the seventh paragraph of Subsection 4.18
and replacing it with the following paragraph:
e
"On any vacant lot in an "Rl", "R2", or
"R3" Residential Zone, such lot being
located between two existing buildings
located on lots abutting the vacant lot
and both of which encroach on the required
front yard, a single detached dwelling may
be erected on the subject lot, the front
wall of which is in line with the front
wall of the existing building located
furthest from the street line.
24.
By-Law 1988-1, as amended, is hereby further
by adding the following Subsection 5.1.1 b) to
5.0 thereof:
amended
section
Permitted Uses
A bed and breakfast establishment may be
permitted in any single detached dwelling
within any 'Residential' or 'Commercial'
Zone located to the west of Park street
and its northerly extension, to the south
of Mechanics Avenue and its westerly
extension; and to the north of Kincardine
Avenue, in compliance with Section 5.3.10
of By-Law Number 1988-1, as amended.
25. By-Law 1988-1, as amended, is hereby further amended
by adding the following Subsection 6.1.1 b) to Section
6.1 thereof:
5.1.1.b)
6.1.1 b)
Permitted Residential Uses
Dwelling units located above the first
storey and forming an integral part of the
building or structure containing a
permitted non-residential use except an
automobile service station.
26. By-Law 1988-1, as amended, is hereby further amended
by adding the following Subsections 6.1.3.2, 6.1.3.3
and 6.1.3.4 to Section 6.1 thereof:
6.1.3.2
Dwellina Units Contained Within a Non-
Residential Buildina or Structure
No person shall use
non-residential building
dwelling units except in
the following provisions:
any part
for one or
accordance
o a
more
with
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Minimum Dwellina Unit Gross Floor Area
(a) Bachelor dwelling Unit
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(b) Dwelling unit containing
one bedroom
(c) Dwelling unit containing
two bedrooms
(d) Dwelling unit containing
three bedrooms
(e) Dwelling Unit containing
more than three bedrooms
6.1.3.3
ODen SDace Provisions
40 sq. m.
(430 sq ft)
60 sq. m.
(650 sq ft)
70 sq. m.
(755 sq ft)
90 sq. m.
(970 sq ft)
90 sq. m.
(970 sq ft)
plus 10 sq.
m. (110 sq
ft) for
each
bedroom in
excess of
three
Landscaped open space area(s) equivalent
to the total gross floor area of each
dwelling unit(s) shall be provided. For
the purposes of this section, unenclosed
balconies may be considered as part of the
minimum open space requirement.
Off-street parkina Reaulations
Notwithstanding the minimum number of off-
street parking spaces required by Section
6.17, where a dwelling unit is located in
a non-residential building, a minimum of
one parking space shall be provided for
each dwelling unit contained therein on
site.
6.1.3.4
27. By-Law 1988-1, as amended, is hereby further amended
by renumbering section 5.2.5 to section 5.2.4.
28. By-Law 1988-1, as amended, is hereby further amended
by renumbering section 5.2.6 to Section 5.2.5.
29. This by-law shall take effect from the date of final
passage by council and comes into full force and
effect pursuant to the provisions of the Plannina Act,
1983.
30. This By-Law may be cited as the "Zoning Housekeeping
By-Law" .
READ a FIRST and SECOND time this 2nd day of JUly, 1992.
23rd day of July,
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