HomeMy WebLinkAboutKIN 81 4350 Comprehen Zoning
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NUMBER 4350
A By-Law to Repeal By-law 2050 as
amended and substitute New Zoning
By-law
·
A BY-LAW TO REGULATE THE USE OF LANDS AND THE
CHARACTER, LOCATION AND USE OF BUILDINGS AND
STRUCTURES IN THE TOWN OF KINCARDINE.
·
"See Ne\fspapércopýof By-law in enclosed envelope"
Section 14 - Approval
14.1
Repeal
By-law No. 2050, as amended of The Corporation of
the Town of Kincardine is hereby repealed.
14.2
Effective Date
·
No part of this By-law shall come into force without
the approval of the Ontario Municipal Board, but
subject to such approval, this By-law shall take
effect from the passing thereof.
READ A FIRST AND SECOND TIME THIS 5th day of March, 1981.
.
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May
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e1erk '
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READ A THIRD TIME AND finally passed this 2nd day of July,
1981.
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, The Corporation Of
The Town Of Kincardine
BY-LAW NUMBER 4350
A By-Law To Repeal By-Law 2050 As Amended
And Substitute New Zoning By-Law
A BY-LAW TO REGULATE
THE USE OF LANDS AND THE CHARACTER, LOCATION
AND USE OF BUILDINGS AND STRUCTURES
'INTHEiTOWN OF '1<INCARDiINE
NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD
,.",.:.,'
TO REGULATE LAND USE
SECTION 35 OF THE PLANNING ACT.
Take notice that the Council of the Corporation of the Town of
Kincardine intends to apply to the Ontario Municipal Board
pursuant to the provisions of Section 35 of the Planning Act for
approval of By-law No. 4350 passed on the 2nd day of July, 1981. A
copy of the By-law is furnished herewith. The following is a
summary and explanation of By-law No. 4350.
Any person interested may, within twenty-one (21) days after the
date of this notice, send by Registered Mail or deliver to the Clerk of
the Town of Kincardine, notice of objection to approval of the said
By-law or part thereof giving details of all or portion of the By-law to
. which you object and !;letail reasons therefor, and shall indicate that
if a hearing is held the objector or an agent will attend at the hearing
to support the objection.
The purpose of By-law No. 4350 is to regulate the use of land and the
character, location and use of buildings and structures in the Town
of Kincardine. '
The Ontario Municipal Board may approve of the said By-law but
before doing so it may appoint a time and place when any objection
to the By-law will be considered. Notice of any hearing that may be
. held will be given only to persons who filed an objection or notice of
support and who have left with or delivered to the Town Clerk
undersigned, the address to which notice of hearing is to be sent
and, similarily, to any person who has filed a request for a change in
the provisions of the By-law.
The By-law is comprised of a text setting out the regulations
pertaining to the zones outlined on the maps attached to the By-law.
The provisions of By-law 4350 apply to all the lands within the Town
of Kincardine. Hereafter no land shall be used and no building or
structure shall be erected, altered or used except in conformity with
the provisions of the By-law.
However, the By-law will NOT APPLY to prevent the continuance of
the use of any land, building or structure, which existed on the day
of passing of the By-law so long as it continues to be used for that
purpose.
The last date for filing objections will be the 9th day of October,
1981.
Dated at the TOWN OF KINCARDINE, ONTARIO,
This 18th day of September, 1981.
The Council of The Corporation of the Town of Kincardine has
appointed a Committee of Adjustment which may authorize minor
variances from the provisions of the By-law upon the application of
the owner of any land, building or structure in the Town.
CHARLES R. MERRITT
CLERK ADMINISTRATOR
707 QUEEN ST.
TOWN OF KINCARDINE
ONTARIO, CANADA.
NOO 2GO
Every property owner is urged to examine the text and maps to
determine the status of his property and to note-hoW he is affected
by the By-law.
PAGE 2
TABLE OF CONTENTS
SECTION
1
TITLE
2
DEFINITIONS
3
ZONES
4
GENERAL PROVISIONS
5
RESIDENTIAL ZONES - RL R2, R3, R3-1 AND Rll
RESIDENTIAL ONE ZONE "Rl"
RESIDENTIAL TWO ZONE "R2"
RESIDENTIAL THREE ZONE "R3" AND "R3-1"
RESIDENTIAL FOUR ZONE "R4"
\
,
6
COMMERCIAL ZONES - C1, C2, C3 AND C4
GENERAL COMMERCIAL "Cl"
SHOPPING CENTRE "C2"
HIGHWAY COMMERCIAL "C3"
LOCAL COMMERCIAL "C4"
7
INDUSTRIAL ZONE - Ml
8
INSTITUTIONAL ZONES - II AND 12
INSTITUTIONAL ONE "II"
INSTITUTIONAL TWO "12"
9
OPEN SPACE - OS
10
HAZARD LAND ZONE - H
11
DEVELOPMENT ZONE - D
12
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EXEMPTIONS
13
ADMINISTRATION, ENFORCEMENT AND PENALTIES
14
APPROVA~
THE RESTRICTED AREA BY-LAW NUMBER 43 50
OF THE
CORPORATION OF THE TOWN OF KINCARDINE
A By-law, under the provisions of Section 35
of The Planning Act, R.S.O. 1974, subject to
the approval of the Ontario Municipal Board,
to regulate the use of lands and the character,
location and use of buildings and structures
and to prohibit certain uses of land and the
erection and use of certain buildings and
structures in various areas of the Corporation
of the Town of Kincardine.
WHEREAS the Municipal Gouncil of the Corpor-
ation of the Town of Kincardine considers it
advisable to permit and regulate residential
and non-residential development, establish
provisions for lot area, lot frontage, yards,
setbacks, lot coverage, loading and parking
requirements, dwelling unit size, planting
strips and other additional provisions.
AND WHEREAS the Municipal Council further
considers it advisable to restrict, prohibit
and regulate the use of land situated within
the defined areas, as hereinafter designated,
for the purpose of regulating and prohibiting
development of particular lands that would
create an adverse effect on the Corporation,
or would jeopardize future orderly development
and expansion, to produce areas of compatible
characteristics, and to provide'p~otection
for the residents against undesirable uses.
NOW THEREFORE, the Council of the Corporation
of the Town of Kincardine enacts as follows:
-_._-.....,..-~.."......-<"_.,-~,.~,.,-~-.~~.-'--=......,..,.-_.---_...,.."-
SECTION 1 - TITLE
This By-law shall be known as
"THE ZONING BY-LAW"
of the Town of Kincardine
SECTION 2 - DEFINITIONS
For the purpose of this By-law, the Definitions and interpretations
given in this Section shall govern unless the context requires
otherwise.
2.1
"ACCESSORY" shall mean a use, building or structure that is
normally incidental~ subordinate and exclusively devoted
to a main use. building or structure and located on the
same lot therewith.
2.2
"ALTER" shall mean when used in reference to a building
or part thereof, to change anyone or more of the internal
or external dimensions of such building, or to change
the type of construction of the exterior walls or roof
thereof. when used in 'reference to a lot, the word
"alter" shall mean to decrease the width, depth or area thereof
or to decrease the width, depth or area of any required
yard, setback. landscaped open space or parking area, or
to change the location of any boundary of such lot with
respect to a public highway or laneway, whether such
alteration is made by conveyance or alienation of any
portion of said lot, or otherwise. The words "altered"
and "alteration" shall have a corresponding meaning.
2.3
"ASSEMBLY HALL" shall mean a building or part of a build-
1ng ~n which facilities are provided for such purposes
as meetings for civic, educational, political, religious,
or social purposes and shall include a banquet hall or
private club.
2,.4
"AUTOMOBILE SERVICE STATION" shall mean a building or
place where gaso11ne, o~l, grease, anti-freeze, tires,
tubes. tire accessories, electric light bulbs, spark
plugs or batteries for motor ,vehicles are stored and
kept for sale, and where motor vehicles may be oiled, greased
or washed, or have their ignition adjusted, tires inflated or
batteries charged, and where repairs essential to
the actual operation of motor vehicles are executed or per-
formed but will not include an auto body repair shop_
"BASEMENT" shall mean that portion of a building between
two floor levels, which is partly underground but which
has at least one-half of its height, from finished floor
to finished ceiling above the adjacent finished grade.
"BUILDING" shall mean any structure other than a fence
being a pe~manent edifice fixed to, or supported by the
soil'I and',!sed or inte,nded to be used for the shelter, ,
accommodat1on or enclosure of persons, animals or chatte~s.
"BUILDING INSPECTOR" shall mean the Officer or employee
of th~ Corporation or County charged with the duty of
enforcin~ the provisions c,f the' Building By-Law of the
Corporat10n.
2.5
2.6
2.7
,.2~;~
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and which has more than one-half or its height from
finished floor to finished ceiling, below adjacent
finished grade.
2.9
"CLINIC" shall mean a bui~ding or part of a building that
is used by physicians, dentists, and/or drugless
practitioners, their staff and their patients for the
purpose of conSUltation, diagnosis and office treatment.
"CONVENIENCE STORE" shall mean a retail establishment
which prov1des 1tS immediate vicinity with incidental
items of household necessity.
2.10
2.11 "CORPORATION" shall mean the Corporation of the Town
of Kincardine.
2.12 "COUNCIL" shall mean the Municipal Council of the Corp-
oration of the Town of Kincardine.
2.13 "COVERAGE" 'shall mean the percentage of the area of the
lot covered by the buildings situated thereof.
2.14 "DAY CARE NURSERY (LICENSED)" shall mean a premises that
receives mare than f1ve children who are not of common
parentage, primarily for the purpose of providing temporary
care or guidance or both for a continuous period not
exceeding twenty-four (24) hours, and further where the
children are under the age of eighteen (18) years in the
case of a Day Nursery for children with a developmental
handicap; and under ten (10) years of age in all other
cases.
2.15 "DRY CLEANING ESTABLISHMENT" shall mean a building where
dry clean1ng, dye1ng, cleanin9\or pressinq of articles
or gOOds of fabric is carried on and includes a self-
service dry cleaning establishment (i.e. a laundromat)
in which only non-flammable solvents are used which emit
no odours or fumes.
2.16 "DWELLING"
2.16.1 "DWELLING HOUSE" shall mean a building designed
and occupied or ~apable of being occunie~ as a
residence of one or more 'persons. .
2.16.2 "DWELLING UNIT" 'shall mean a private 'suite of' two or
more rooms designed or intended for occupation by
one or more persons, in which sanitary conveniences
are provided, and in which facilit~cs are providec
for cooking or the installation of cooking
equipment, and in which a heating system is
provided, and containing a private entrance from
outside the building or from a common hallway
or stairway insice.
2.16.3 "DWELLING UNIT, BACHELOR" shall mean a dwelling
un1t cons~sting of on~ bathroom and not more
than two habitable rooms providing therein ,
living, dining, sleeping and kitchen accommoda~ion
in appropriate individual or combination room
Or rooms.
2.16.4 "SINGLE DETACHED DWELLING" shall mean a dwelling
house containing one dwelling unit. This does not
include mobile homes, camping trailers or house
trailers.
2.16.5 "SEMI-DETACHED DWELLING" shall mean one of a pair of
two attached single dwelling units with a common
masonry wall dividing the pair of dwelling units
vertically, each of which has an independent
entrance either directly from the outside or through
a common vestibule.
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2.16.6 "LINK SEMI-DETACHED DWELLING" shall mean one
01 a pa~r 01 two s~ngLe dwelLing units
attached below grade by means of a conwon
masonry wall connecting the .pair of dwelling
uni ts, each of which has an independent entrance
directly from the outside.
2.l6.? "DUPLEX DWELLING HOUSE" shall mean the whole
01' a dwell~~ house tnat is divided horizontally
into two separate dwelling units each
of which has an indepehdent entrance either
directly from the outside or through a common
vestibule.
2.16.8
"TRIPLEX IMELLING HOUSE" shall mean the whole
01 a dwe.ll~n~ house that is divided horizontally
into three separate dwelling units each of
which has an independent entrance either
directly from the outside or through a common
vestibule.
2.16.9
"QUADRUPLEX DWELLING HOUSE" shall mean a pair
or two attached duplex dwelling houses with
a common masonry wall dividing, the pair of
duplex dwelling houses vertically, each of
which has an independent entrance, directly
from the outside or through a common vestibule
for each duplex.
2.16.10 '"ROW' DWELLING HOUSE" shall mean the whole of a
d~rel11ng house that is divided vertically into
three or more dwelling units, each of which has
independent entrances to a front and rear
yard immediately abutting the front and rear
walls of each dwelling unit.
2.16.11. "'CONVERTED DI,'lP.LLING HOUSE" shall mean a d\o;elling
house, 1ncluding any add1tions thereto constructed
for permanent use, altered or converted sa as
to provide therein not more than four dwelling
units.
2.28
2.29
2.30
2.16.12 "BOARDING OR LODGING HOUSE" shall mean a dwelling
house, contain1ng not more than ten guest rOQms
used or maintained for the accommodation of the
public, in ~mich the owner or lessor supplies,
for hire or ga1..n, lodgings with or without
meals for three or more persons, but does not
include any other establishment otherwise defined
or classified herein~
2.31
2.16.13 "MI\.ISONETTE DWELLING HOUSE" shall mean the whole
of a dwelling house containing dwelling units,
each unit of which is a self-contained dwelling
unit having separate services and heating facil-
ities and two separate means of access. One of
the said means of access j"s to a common first storey
corridor and the other leads directly to the
o~tside landscaped yard area allocated to said
dwelling unit..
2.16.14 "A.PARTMENT !)I:lELLING HOUSE" shall mean the whole
of a dwelling house that contains five or more
dwelling units which units have a corrunon entrance
from street level and are serviced by a common
corridor. An "apartment dwelling house" does
not include any other dwelling house otherwise
defined herein.
2.32
2.33
2.34
PAGE 3
2.26
"HABITABLE ROOM". shall mean a bedroom, living
d1n~ng room, tam~ly room, finished recreation
study, den, Qr kitchen.
room,
room,
2.27
"HEIGHT" AND "HEIGHT OF BUILDING" shall mean the ver-
tical distance between the finished grade at the front
of the building, and:
1.) In the case Qf a flat roof, the highest point
~f the roof surface or the parapet, whichever
J.S the greater;
2.) In the case of a mansard roof, the deck rQof
line;
3.) In the case.of a gable, hip or gambrel roof,
the mean helght between the eaves and ridge;
4.) A tower, cupola, steeple, elevator shaft or
other similar roof structure which is used
only as an ornament or to house the mechan-
ical equipment of any building, shall be
disregarded in calculating the height of
such a building.
"HOME OCCUPATION" shall mean a gainful occupation con-
ducted entJ.rely within a dwelling house and restricted
primarily to the members of the family residin~ therein.
See Section 4.9 for permitted uses and regulat1ons.
"HOTEL" . shall rne~n any motel, tavern, inn, lodge, lounge
or pub11C house J.n one main building or in two or more
buildings used ~ainly for the purpose of catering to the
needs of the public by supplying food and furnishing
sleeping accommodation of not less than ten bedrooms
aI,ld shal~ include an hotel within the meaning of the'
Llquor LJ.cence Act and the Tourist Establishment Act
but does not include premises commonly known as boarding
houses.
"INSTITUTION" shall mean any land, building, structure,
or pa:t ~hereof, used by any organization, grou~corporation or
aSSOC1at1on, for.the.promotion of charitable, educational, religious
or benevolent obJectlves and not for profit or gain.
"LANDSCAPED OPEN SPACE" shall mean the open unobstructed
space at grade on a lot, accessible by walking from the
street\on which the lot is located, and which is suit-
able for the growth and maintenance of grass, flowers,
bushes an~ other.l~ndscaping and includes any surfaced
walk, pat10 or slmllar area but does not include any
driv7w~y or ramp, whether surfaced or not, any curb,
reta1n1ng wall, parking area or any open space beneath
or within any building or structure.
"LANE" shall mean a public thoroughfare which affords
a secondary means of access tQ abutting lots and which
is not intended for general traffic circulation.
"LOADING SPACE" shall mean an off-street space on the
sa~e ~ot as the building or contiguous to a group of
bUJ.ldlngs, for the tempora~y parking of a commercial
vehicle while loading or unloading merchandise or
materials and which abuts upon a street, land or
other appropriate means of access.
2.36
2.17
"DWELLING UNIT FLOOR AREA" shall mean the habitable area
contained within the inside walls of a dwelling unit,
excluding any private garage, carport, porch, verandah,
unfinished attic, cellar, basement or sunroom (unless such
is habitable at all seasons of the year) and excluding
public or common halls or stairways.
2.37
sunroom
2.18
"ELDERLY PERSONS RESIDENCE" shall mean a residential
building containing guest rooms used or maintained for
the accammodation Qf elderly persons or persons needing
help in domestic care, in which the owner or lessor
supplies lodgings with meals for the residents.
2.19
"ERECT" shall mean to build, construct, reconst~uct
and relocate and, without limiting the generality of
the foregoing, shall also include:
2.38
1.) Any preliminary physical operation such as
excavating, filling or draining.
2.39
2.) Altering any existing building or structure
by an addition, enlargement, extension.or
other structural change.
2.40
3.) Any work necessitating a building permit as
required by the Building By-Law of the Corporation.
2.20 "EXISTING" shall mean existing on the date of the final
passi~g of this by-law.
2.21 ~FARM" shall mean a parcel of land together with its
dependent buildings held for the purpose of agriCUltural
use.
2.41
2.22 "FLOOR AREA, GROSS" shall mean the sum of the
hor~zontal areas of each floor, whether any such floor
is above or below grade, measured between the exterior
faces of the exterior walls of the building or structure
at the level of each floor, but shall not include:
2.42
2.43
1.) Any floor area of the build{ng or structure which is
used for heating equipment, storage Dr parking
of motQr vehicles, locker storage and laundry
facilities, childrens' play areas and other
accessory uses or used as living ~~~rter~ by
the caretaker, watchman or other supervisor of
the building or structure.
2.44
2.) Enclosed malls when used as a common area between
stores.
2.45
2.23 "GRADE FINISHED" shall mean the average elevation of the
finished surface of the ground where it meets the exterio~
wall of a building.
2.46
2.24 "GARAGE PRIVATE" shall mean a detached accessory building
or a portion of a dwelling house which ~s designed to be
used for the sheltering of motor vehicles.
2.25 "GROUP HOME" shall mean a single housekeeping uni~ in a
residential dwelling in which three to ten residents,
excluding staff or host family, live under responsible'
supervision consiste~t with the requirements of its
residents. The home shall be licensed or. approved under
Provincial Statute and be in compliance with municipal
by-laws.
2.47
"LOT, CORNER" shall mean a lot having two intersecting
lot l1nes. or their extensions in the case of a curve,
both of which divide the lot frQm a public street or
streets and which intersect at an angle not exceeding
135 degrees.
"LOT WIDTH II shall mean the horizontal distance bet-
ween the side lot lines, such distance being measured
perpendicularly to the line joining the middle of the
front lot line with either the middle of the rear lot
line or the apex of the triangle formed by the side
lot lines at the minimum distance from the front lot line
at which erectiQn of buildings or other structures is
permitted by this By-law.
"LOT, INTERIOR" shall mean a lot Qther than a corner
lot and hav1ng frontage Qn Qne street only.
"LOT LINE" shall mean any boundary of a lot or the
vert1cal projection thereof.
"LOT LINE, FRONT" shall meim in the case of an interior
lot, a 11ne d1v1ding the lot from the street. In the
case of a corner lot, the shorter lot line abutting
the street shall be named the front lot line and the
longer lot line abutting the street shall be deemed
an exterior side lot line. In the case of a through
lot, the lot line where the principal access to the
lot is provided shall be deemed to be the front lot
line.
"LOT LINE, REAR" shall mean the lot line farthest from
and opposite' to the fr~nt lot line.
"LOT LINE, SIDE" shall mean a lot line other than the
front or the rear lot line.
"LOT, THROUGH" shall mean a lot bounded on two opposite
s1des by streets.
"NONCONFORMING" shall mean a use, building or structure,
or part thereof which does not confopm or comply with
the permitted. uses in, or regulations, of this by-law
as of the date of the passing thereof.
"NURSING HOME" shall mean any building or portion of a
bU11d1ng other than a private or a public hospital
where persons are housed or lodged and furnished with
meals and nursing care for compensation. A nursing home
shall require a Provincial Licence.
"PARK" shall mean a park, playground or playfield
1ncluding therein one or more athletic fields, commun-
ity centres, bleachers, swimming pools, wading pools,
greenhouses, bandstands, skating rinks, tennis courts,
bowling greens, curling rinks, refreshment rooms,
camping areas, picnic areas, boating facilities, arenas, ~
golf courses, horticultural areas, or similar uses.
"PARKING AREA" 'shall mean an area provided for the
parkJ.ng of mQtor vehicles and may include aisles,
parking spaces, and related ingress and egress lanes,
but shall not include any part of a public street.
"parking Area" may include a private garage.
2.5>0
SYMBOLS'
2.51
,The, sYmbols listed i~.Sec~~o~ 3.1'ot,th~s'BY-laW,may
be used to, refer ,to buildings and structures, and the
, uses o,f buildings 'a~ str~ct;:.ure~ p.ermi~ted i:>y.,this ,
. By-law ~n ~~~ sai&; zon~; ~nq whenever ~n, this ,By-law
tbe word "zone~' is ,used preceded by any of the said
'symbols such 20nes sh~il mean any area'within the.
Town of., ,K:tncardine wit~in the SCQP~ ?f ,t.his ~y~lj:l:t' '
delineated on the ,Zoning Map and des1gnat~ there1~
'by,the,said ~ymbol. ' ' , '
'aOUNoARfES OF'ZONES
2.)
as to the location of
: said zones as $hown on
zon~n~ ~~p ~h~ fol~~~i~9 rUles,shall apply: ,
, Where '::the boundarie~ 'are 'indicated as f~ll~wing
aPJ?r9ximatety ~he, 'c~~,tr~ ~ine o~ s,treets,' l~nes.,
r~11ways! ~1ght-of-ways, or their productions.
'such', centre lines 'shall be' deemed. to be 'the bOun-
c;lary., . ' ,
Where the ione,b6undaries.~re'indlqa~ed as ~p~
'proximately following lot lines such 'lot lines
shall be deemed to -be the said bOundaries'cn the
passing, of, thiS b-y-law._
1.)
is
.
" ' .
2.65' nUSE" shall mean' the purpose for which a lot. bui'la:Ln:g
or structure~ ,or any' combination' thereof,' is designed,
ar~~ged"in~e~ded, occ~~~~d,or maintained. ,
", " " " ",'.'" '
, Except 'a~ othe~se,:'pr'91vided herei.n;' atiy ac,\::e;ssq:ry building
, Ot' s'trucyupe ~ich ,is n9~ -part q:f 'the ,~in' ~ui~d~~ shall
be erected to ,the :rear of' "the ~ront yard a.nd shall: comply
wi'th.the yard ,and setDac~ requirements or the zone in
, which such, building ',or structure is situated.,
2.64
2.66
no' acc~sso~ bUilding
coverage of: all: aC9~~sQry' l?li11<H,;ng and struct-
,shall not, excee~ l~ of' ,:the ~ot area..
2.69' "YARD, SIDE"'sha~l mean a;yaid extending from the front
yard to the'rear yard' and,_ from the side 10t line of
the lot to the nearest'par~ of any buil~ing to the lot.
2..70 '~YARD,., SiDE,
~ajo1nLng'a
ya~d i~diaE~I~,
.~. 71
PAGE 5
'.' . "
. : .. . "., .
,
,'ol!h7 dr~veway~, '[oading ana u~ioaaing spaces Sha11'b'~
ma1nt~1ned w1th a,s~able.surface which is treated so as,
to' prevent . t~e r~1s1ng qf dust or' loose' PArticles,. Th~y'
snall~_be:ore ~ein~ used, ~ constru9ted of,one o~ the
fol1~~1n~, ~rushea.stone, .slag~ gravel; crushed brick
,(?r t~ile)'I'. cJ.nder~., ~,$'~;halt, cpnl.?rete, or P:ortlanc: cement
b1nder ~or a.co~~ned depth ~f~at least 15 centimetres
'and wit;h provisions, for dri:dna<;re "facilities. .
m~tres
metres
PAGE 6
4.) More Than One Use on a Lot
when a building or structure accommodates more than one
type of use as set out in paragraph (1) of this subsection
the parking space requirement for the whole building shall
be the same as the requirements for the separate parts
of the building occupied by the separate types af use.
5.) Use of parkinq Spaces and Areas
Any area where off-street parking is permitted under this
By-law shall be used for the parking of operative currently
licenced passenger vehicles only, and for vehicles used
in operations incidental to the permitted uses in respect
of which such parking spaces and areas are required.
Provided that no person shall in any Residential Zone
use any lot, for the parking or storage of any commercial
motor vehicle which has a capacity in excess of one ton.
Notwithstanding the foregoing the owner or occupant of
any lot, building or structure in any Resitlential Zone
may use any private garage erected upon such lot, for
the housing or storage of one commercial motor vehicle
not exceeding one ton capacity.
6.) parkinq Area Location on Lot
Surface parking areas shall be permitted in the required
yards of the Zones contained in this by-law, as follows:
Zone
Yard in which Required Parking
Area Permitted
Open space, Commercial,
Hazard Land, Development
and Institutional
All yards provided that no part
of any parking area, other than
a driveway, is located closer
than 1.0 metre to any street
line.
All yards provided that no part
of any parking area, other than
a driveway, is located closer
than 1.0.~etre to any
street line and provided further
that a parking area, other than
a driveway, for a Residential
Use containing three or more
dwelling units is located in nO
other yard than ~he rear yard.
All yards provided that no part
of any parking area, other than
a driveway, is loca~ed closer
than 7.5 metres to any
street line and no closer than
1.5 metres to any side lot line.
Residential - except
any Apartment Dwelling
House
Residential - Apartment
Dwelling House
Industrial
Interior side and rear yards
only except for vistor parking
provided that no part of any
p~J::'king . <l7\3<:l. ,,?~J;1,7:J;:".,:,!=:J;~H,,:,~:,:g~:j,.ve"7
way,-is../located.closer ,than 1;,.0
metre to any street line.
7.) Parking Space Location on Other Lot
Where the owner of a building or structure proposes to
provide the required parking spaces and areas in a lo~-
ation other than on the same lot as the use that reqU1res
such spaces and areas, then such spaces and areas shall
be located not more than 160.0 metres from the
said lot and shall be located within the same zone as
the said lot.
harmony with residential buildings of the
type permitted in such zone..
4.15
SIGHT TRIANGLES
On a corner lot a building or other structure or a
fence shall not be erected in such a manner as to
obstruct vision between a height of 0.5 metres
and 3.0 metres above the centre-line grade
of the intersecting streets in the triangular area
bounded by the street lot lines of the corner lot and
a line joining points along the street lot lines, 9.0
metres from the point of intersection.
This regulation shall not apply to the ~Cl" General
Commercial Zone.
4.16
SPECIAL USES PERMITTED
The following uses are permitted in all zones within
the Corporation.
1.) A tool shed, scaffold or other building or struc-
ture incidental to construction on the lot where
it is situated and only for so long as it is nec-
essary for the work in nrogress and until the
work is completed or abandoned.
2.) "Abandonedlt in this subsection shall mean the
failure to proceed expeditiously with the con-
struction of a work.
4.17
THROUGH LOTS
~fuere a lot ~mich is not a corner lot has frontage on
more than one street such lot shall have a front )~rd
on each street in aC,cordance ~rith the urovisions of
the zone or zones in which each front yard is located.
!Ldo.$
YARD AND SETBACK ENCROACHMENTS
Sills, belt course,.chimneysf cornices, eaves, gutters,
parapets, pilaste~s or other architectural features may
project into any required yard a maxim~~ distance of 0.5
metres.
Drop a~mings, clothes poles, flag poles, garden trell1ses,
fences, retaining \~lls, signs or similar structures shall
be permitted in any required yard.
Unenclosed porches, balconies, and steps, covered or
uncovered, may project into any required yard a maximum
distance of 1.0 metres. .
Unenclosed fire escapes may project into any required
yard a maximum distance of 1.5 metres.
In an Industrial Zone, a gatehouse shall be permitted
in a front or side yard.
On any vacant lot in an ltRl", "R2", or "R3", or "R}-l"
Residential Zone, such lot being located betvffien two existing
buildings both of which encroach on the required front
yard, a single detached d\~lling may be erected on the
subject lot, the front ~~ll of which is in line vdth the
front wa~l of the existing building located farthest ,
i"Po,l'Il.,'.':tJi:!'!','s:l:;~~t-;,i;irJ:f{!' ,I
4.19
STRUCTURE HEIGHT ~AXI~~
In addition to the maximum building height re~uirements
contained within the zones in this By-la'..!, such
structures as antennas and radio towers shall be restricten
to a maximum height of 45 metres.
SECTION 5 - RESIDENTIAL ZONES - RI, R2, R3, R3-1 AND R4
1. ) Use
In any Residential Rl, R2, R3, R3-1 and R4 Zones no oerson shall
any building, structure or land nor erect any building or struc-
ture except in accordance with the following provisions:
use
4.13
PLANTING STRIPS
A planting strip shall be used for no other purpose than
planting of a row of trees or a continuous un pierced
hedgerow of evergreens or shrubs, not les~ than 1_5
metres high, i~~ediately,adiacent to the lot
line or portion thereof along which such planting strip
is required.
5.1
2.) Width
Where a planting. strip is required in any zone, it shall
be a minimum width of ~.O metres unless otherwise
provided herein.
3.) Location
Where a lot is used for a commercial or Indu~trial purpose
and the interior side and/or rear lot line, or portion
thereof, abuts 'a Residential or Development Zone, then a
planting strip adjoining such abutting Residential or
Development Zone shall be provided on the lot, in accor-
dance with the provisions of this subsection.
4.) Driveways
In all cases where access and exit driveways extend through
a planting strip, it shall be permissible to interrupt
the strip within 3.0 metres of the edge of such driveway.
4.14
PUBLIC USES
The provisions of this By-law shall not apply to the use
of any lot or to the erection or use of any building or
structure for purposes of the pUblic services by the
Corporation or the County or by any local board as
defined'in the Planning Act, any telephone or telegraph
company, any natural gas distribution system operated by
the Corporation or on its behalf by a company distributing
gas to the residents of the corporation. any Conservation
Authority established by the Government of Ontario, any
department of the Government of Ontario or of Canada,
including Ontario Hydro, any use permitted under the
Railway Act or any other statute of Ontario or Canada
governing railway operations, including tracks, spurs
and other railway facilities provided t.hat where such
lot, building or structure is located in any zone:
I: No goods, material or equipment shall be ~tored
in the open, except as permitted in such zone,
2.) Any zone provisions of the zone within which the
use is located shall be complied with;
3.) Any above ground non-recreational use carried
on under the Authority of this paragraph in
any Residential Zone shall be enclosed in a
building designed and maintained in general
RESIDENTIAL ONE ZONE "Rl"
5.1.1 Permitted Uses
A single detached dwelling
A home occupation
A park and open space
A Church
An accessory use
5.1.2 Zone R~gulations
1.) Lot Area (minimum)
464.0 square metres
2.) Lot Width (minimum) 15.0 metres
3.) Front Yard (minimum) 6.0 metres
4.) Exterior Side Yard (minimum) 6.0 metres
5.) Interior Side Yard (minimum) 240.0 centinetres on
one s1de and 120.0 centimetres on. the o!?posite side of the
same lot plus 60.0 centimetres on the narrow side for
each additional or part1di 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 side yard shall be 120.0 centimetres
plus 60.0 centime~res for each addit.ional or
partial storey above the first storey on that side.
6.) Rear Yatd (minimum) 7.5 metres
7.) Building Height (maximum) 10.5 metres
8.) Coverage (maximum) 40 per cent.
9.) DVi'e11ing unit Floor Area 79.0 square metres
(minimum)
5. 1. ~one~,~_~~~~~~s .!~~_~:~_'~._,~~-'~,_~.~!~~~_~-=~~ces.
Notwithstanding the above lot area and lot width provisions,
existing development and new development by infilling on
private services in the Rl Zone shall conform tO,the
following: I
Lot Area (minimum)
1 Public water only
690.0 square metres
1,39::1.0 square metres
20,0 metees
30.0 metres
ii - No public water or
sanitary !;ewers
Lot Width (minimum}
i Public water only
, ii - No public water or-
sanitary services
PAGE 7
5.2
5.3.3 Zone Regulations for Semi-Detached Dwellings
Refer to Section 5.2.3.
RESIDENTIAL TWO ZONE: "R2"
5.2.1 Permitted Uses
A single detached dwelling
A semi-detached dwelling
A link semi-detached d\~lling
A home occuoation located in a
single detached d\~lling
^ park and open space
A Church
An accessory use
A duplex dwelling house
5.2.2. Zone Re~u1ations for Single-Detached Dwellin~s
Refer to Sectlon 5.1.2.
5.3.4 Zone Requlations for Link Semi-Detached Dwellings
Refer to Section 5.2.4.
5.3.5 Zone Requlations for Duplex Dwellinq House
1.) Lot Area (minimum)
520.0 square metres
2.) Lot Width (minimum) 15.0 metres
3.) Front Yard (minimum) 6.0 metres
4.) Exterior Side Yard (mj~~mum) 6.0 metres
5.) Interior Side Yard (minimum) 360.0 cent~etres on ~
one s1de 20d l~.centimetres on the opposite side of the
same lot, .plus 60.0 centimetres on the narrow side for each
additional or partiai storey above the (irst storey
on that side. Provided that where two garages or
tw6 carports are attached to the main building, or
the lot is a corner lot, the minimum width of the
interior side yard shall be 190.0 centireetres plus
60.0 centimetres for, each additional. or partial
storey above the first storey on that side.
6.) Rear Yard (minimum) 7.5 metres
7.) Building Height (maximum) 10.5 metres
8.) Coverage (rnaximum) 40 per cent.
9.) Dwelling Unit Ploor Area 65.0 square metres
(m1n1mumJ
5.2.3 Zone Regulations for Semi-Detached ThQellings
1.) Lot Area (minimum)
i
650.0 square metres
690.0 square metres
Interior Lot
i1
Corner Lot
2.) Lot ~idth (minimum)
i
Interior Lot
21.0 metres
i1
Corner Lot
22.5 metres
6.0 metres
3. )
4.)
5.)
Front Yard (minimum)
E:xterior Side Yard (minimum)
6.0 metres
5.3~6 Zone Regulations for Triplex Dwellinq House
Interior Side Yard (minimum) 240.0 centimetres,
prOV1.ded that Where a garage or carport is attached
to the main building, the minimum width of the
interior side yard shall be ~20.0 centimetres plus
60.0 centimetres for each additional or partial
storey above the first storey on that side.
1.) Lot Area (minimum)
690.0 square metres
2.) Lot Width (minimum)
3.) Front Yard (minimum)
4.) Exterior Side Yard (minimum)
18.0 metres
6.0 metres
6.0 metres
6. )
7.)
8. )
9.)
Rear Yard (minimum)
Building Height (maximum)
Coverage (maximum)
Dwelling Unit Floor Area
tminimum)
10.) iVhen each of the two dwelling units in a semi-detached
dwelling is to be located on a separate lot, the
following regulations shall apply for each dwelling
\.U1it:
7.5 metres
5.) Interior Side Yard (minimum) 4.5 metres on
one s~de and 3.0 metres on the opposite side (of the same
lot), DIus 60.0 centimetres on the narrow side for each
additional or partial storey above the first floor
on that side. Provided that where three garages or
three carports are attached to the main building, or
the lot is.u corner lot, the minimum width of the
interior side yard shall be 3.0 metres
plus 60.0 centir,etres for each accitional or
partial storey above the first storey on that side.
6.} Rear Yard (minimum) 7.5 metres
7.) Building Height (maximum) 10.5 metres
8.) Coveraqe (maximum) 40 per cent.
9.) Dwelling Unit Floor Area 65.0 square metres
(minimum)
10.5 metres
45 per cent.
67.0 square metres
Lot Area (minimum)
i
Interior Lot
317.0 square metres
365.0 square metres
ii
Corner Lot
Lot Width (minimum)
.:LO.9,~Ill~tre~
11.'5 metre.s
1.)
When each of the two dwelling units in a link semi-
detached dwelling is to be located on a separate
lot, the follOwing regulations apply for each
dwelling unit:
Lot Area (minimum)
10.5 metres
10.5 metres
40 per cent.
65.0 square metres
6. )
7. )
8. )
9. )
Rear Yard (minimum)
Building Height (maximum)
Coveraqe (maximum)
Dwellinq Unit Floor Area
(minimum)
i
Interior Lot
325.0 square metres
370.0 square metres
5.3.8 Zone Regulations for a Row Dwelling House
ii
Corner Lot
2.)
Lot Width (minimum)
1.)
Lot Area (minimum) 185.0 square metres
for each interior row dwelling unit, and
213.Q square metres for each end row ~~elling
unit.
i Interior, Lot
10.5 metres
ii
Corner Lot
12.0 metres
2.) Lot width (minimum) 5.5 metres
3.) Front Yard (minimum) 6.0 metres
4.) Exterior Side Yard (minimum) 6.0 metres
5.) Interior Side Yard (minimum) 3.5 metres
plus bu.U cent1J'letres for each additional or
partial storey above the first storey for end
dwelling units.
6.) Rear Yard (minimum) 7.5 metres
7.) Building Height (maximum) 10.5 metres
8.) Coverage (maximum) 60 per cent.
9.) Dwelling Unit Floor Area 65.0 square metres
(m1nJ.Il1Um)
3. )
4.)
5.)
Front Yard (minimum)
Exterior Side Yard (minimum)
6.0 metres
6.0 metres
Interior Side Yard (minimum) 240.0 centimetres for
one inter10r side yard, and 1.0 metre for the opposite
interior side yard on the same lot. Provided that
where a garage or carport is attached to the main
building, or the lot is a corner lot, the 240.0
centimetre requirement ~or an interior side yard, may
be reduced to 120.0 centimetres.
6.)
7. )
8.)
9. )
Rear Yard (minimum)
Buildin~ Height (maximum)
Coverage (maximum)
Dwelling Unit Floor Area
tnunimum)
7 * 5 metres
10.5 metres
45 per cent
67.0 square metres
5.3.9 Zone Regulations for a Converted Dwellinq House
Lot Area (minimum)
464.0 square metres
1.)
Lot width (minimum)
Front Yard (minimum)
Exterior Side Yard (minimum)
15.0 metres
6.0 metres
6.0 metres
2. )
3. )
4.)
5.2.5. Zone Regulations for Duplex Dwelling House
Refer to Section 5.3.5.
5.3
5.) Interior Side Yard (minimum) 3.0 metres on
one s1de and 1:2~ centimetres on the o~posite side fof the
same lot), plus 60.0 centimetr~s on the narrow si0e for
each additional or partial storey above the first
storey on that side. Provided that where a garage
or a carport is attached to the main building, or
the lot. is a corner lot, the minimum width of the
interior side yard shall be 120.0 centi~etres
plus 60.0 centime'tres for each additional or
partial storey abOve the first storey on that side.
6.) Rear Yard (minimum) 7.5 metres
7.) Building Height (maximum) 10.5 metres
8.) Coverage (m~ximum) 45 per cent.
9.} Dwelling Unit Floor Area 46.0 square metres
(m1n~mum)
RESIDENTIAL THREE ZONE "R3" AND "R3-1"
5.3.1 Permitted Uses
A single detached dwelling
A semi-detached dwelling
A link semi-detached dwelling
A duplex dwelling house
A triplex dwelling house
A quadruplex dwelling house
A row dwelling house
A converted dwelling house
A boarding or lodging house
A home occupation located in a single
detached dwelling
A park and open space
A church
An accessory use
In addition to the above permitted uses, a group
home and a day care nursery (licensed)
shall be permitted in the "R3-1" Zone.
Zone Regulations for Single-Detached Dwellings
5.3.10 Zone Regulations for a Boarding or Lodging House
Lot Area (minimum)
464.0 square metres
1.)
Lot Width (minimum)
Front Yard (minimum)
Exterior Side Yard (minimum)
2. )
3. )
4. )
12.0 metres
6.0 metres
6.0 metres
5.3.2
Refer to Section 5.1.2.
PAGE 8
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I
K
ST
Corporation of the Town of Kincardine
Restricted Area Zoning By- Law
N9 43 50
R 1 RESIDENTIAL ONE
R 2 RESIDENTIAL TWO
R3 Af\O R3.1 RESIDENTIAL THREE
M 1 GENERAL INDUSTRIAL
I 1 INSTITUTIONAL ONE
I 2 INSTITUTIONAL TW)
OS OPEN SPACE
H HAZARD LAND
R4 RESIDENTIAL FOUR
C1 GENERAL COMMERCIAL
C2 SHOPPING CENTRE
C3 HIGHWAY COMMERCIAL
C4 LOCAL COMMERCiAL
0 DEVELOPMENT
PASSED THIS ~ DAY OF July 1981
C.W. Mann
C.R. Merritt
MAYOR
CLERK
"
I
.
~L
PAGE 9
A
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PAGE 10
5.) Interior side Yard (minimum) 3.0 metres on one
s~de and 120.0 centimetres on the opposite si~e (of the
same lot); plus 60.0 centimetres on the narrow side for
each additional or part1al storey above the first
storey on that side. Provided that where a garage
or a carport is attached to the main building, or
the lot is a corner lot, the minimum width of the
interior side yard shall be 120.0 centi~etres
plus 60.0 centimetres for each additional or
partial storey?bove the first storey on that side.
6.) Rear Yard (minimum) 7.5 metres
7.) Building Height (maximum) 10.5 metres
8.) Coveraqe (~aximum) 45 per cent.
9.) Dwelling Unit Floor Area 18.5 square metres
(m~n1mum)
7. )
ii - 6.0 metres when the rear yard
does not abut a public lane or a public
parking lot.
Building Heiqht (maximum) 12.0 metres
8.)
Refer to Section 4.13
Plantinq Strips
5.4 RESIDENTIAL FOUR ZONE "R4"
6.2 SHOPPING CENTRE "C2"
5.4.1 Permitted Uses
6.2.1 Permitted Uses
An apartment dwelling house
An accessory use
5.4.2 Zone Requlations for an Apartment Dwelling House
1.) Lot Area (minimum)
The minimum lot area shall be the sum of the areas
required for each dwelling unit on the lot as follows.
i-for each bachelor 93.0 square metres
dwelling unit and each
one bedroom unit
ii - for each dwelling
unit having two
bedrooms
2.)
3.)
4.)
5.)
140.0 sgudr.e metres
plus 46.0 square metres
per each additional
bedroor. in excess of
two bedrooms.
Lot Width (minimum) 30.5 metres
Front Yard (minimum) 6.0 metres
Exterior Side Yard (minimum) 6.0 metres
Interior Side Yard (minimum) 6.0 metres
Prov2ded that an 2nterior side yard adjoining an
end wall containing no habitable room windows may
be reduced to 2.0 metres.
Rear Yard (minimum) 7.5 metres
Building Height (maximum) 12.0 metres
6.1
7.)
8.)
Dwellinq Unit Floor Area
(m2n~mum)
i-Bachelor dwelling unit 37.0 square metres
6.2.2
1.1
ii - One Bedroom unit
2.1
3. )
4.)
5.)
6. )
7. )
8.)
55.0 square metres
iii - For each additional
bedroom
9.0 square metres
SECTION 6 - COMMERCIAL ZONES -
C2, C3 AND C4
6.3 HIGH\,^Y COI4ME:RCIAL "C3"
Permitted Uses
In any Commercial 01, C2, C3 and C4 Zones, no pe:so~s shall use
any building;, structure or land nor erect. any bUJ.ldJ.ng or
structure except in accordance with the following provisions:
6.1 GENERAL COMMERCIAL "G1't
6.1.1 Permitted Uses
An accessory use
An artist or photographic studio
An assembly hall
An automobile sales garage
An automobile service station
Abake_p
A banquet hall
A builder's supply
A business or professional office
A clinic
A convenience store
A day nursery
A dressmaking or tailor shop
A dry cleaning establishment
A feed or grain mill
A financial office or institution
A hotel
An institution
A laundromat
A motel
A parking lot
A place of entertainment
A past office
A printing plant
A public garage
A restaurant
A retail store
A shopping centre
A service shop
A taxi stand and office
A wholesale use accessory to any of the foregoing
uses
Dwelling units, as existing at the passing of this
By-Law, on the upper floors of a commercial
building other than above an automobile service
station or public garage.
6.1.2 Zone ReEulations for General Commercial
1.) Lot Area (minimum) lS5.0 square metres
2.) Lot Width (minimum) 5.0 metres
3.) Front Yard (minimum) Not Required
4.) Exterior Side Yard (minimum) Not Required
5.) Interior Side Yard (minimum)
i Not required when abutting an adjoining
lot Zoned "eI II along the interior side
yard lot line.
6. )
ii - A 3.0 metre planting strip is
required along the interior side yard lot
line when the said interior side yard abuts
a Residential Zone.
Rear Yaro (minimum)
i Not required when the rear yard abuts a
public lane or a public parking lot.
,'"'~=.
An accessory use
An artist or photographic studio
An assembly hall
An automobile sales garage
An automobile service station
A bakeshop
A banquet hall
A builder's supply
A business or professional office
A clinic
A convenience store
A day nursery
A dressmaking or tailor shop
A dry-cleaning establishment
A financial office or institution
An hote I
An institution
A laundromat
A mote.1
A parking lot
A place of entertainment
A post office
A printing plant
A public garage
A restaurant
A retail Store
A shopping centre
A service shop
A taxi stand and office
A wholesale l,Jse accesso;y to. any of the foregoing
uses.
A driving academy
Zone Regulations for a Shopping Centre
Lot Area (minimum)
1,390.0 square metres
Lot Width (minimum)
Front Yard (minimum)
Exterior Side Yard (minimum)
Interior Side Yard (minimum)
Rear Yard (minimum)
Building Heiqht (maximum)
45.0 metres
6.0 metres
6.0 metres
4.5 metres
6.0 metres
12.0 metres
Refer to Section
6.3.1
An accessory use
An automobile service station
An automobile sales garage
A breNers t retail store
A building supply centre
A convenience store
A farm implement dealer
A farm produce retail outlet
A fuel storage yard
An institution
A liquor control board outlet
A motel or hotel
A parking lot.
A park
A place of entertainment
A public garage
.A mobile trailer sales and service agency
A restaurant
A recreational facility
A 101 undroma t
6.3.2
Zone Regulations for an Automobile Service
Station and a Public Garage
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)
12.0 metres
1,390.0 square metres
)8.0 metres
15.0 metres
15.0 metres
6.0.metres
?5 metres
A pump island may be located \~thin any front yard
or exterior side yard provided:
i The minimum distance between any portion of the
pump island and any street line shall be 4.5 metres.
ii ~fuere the lot is a corner lot, no portion of any
pump island shall be located within 15.0 metres
of the corner of intersecting streets.
9.)
Refer to Section 4.13
Refer to Section 4.12.3
Planting S'tri ps
10.)
6.3.3
1.)
2.)
3. )
4.)
5. )
Ingress and Egress
Zone Regulations for a Hotel and Motel
Lot Are~ (minimum) 690.0 square metres
Lot ~idth (minimum) 1$.0 metres
Front Yard (minimum) 6.0 metres
Exterior Side Yard (minimum) 6.0 metres
Interior Side Yard (minimum)
i
'}hen not abutting a
Residential Zone
3.0 metres
ii
'l'n1e.. abutting a
Residential Zone
6.0 metres
In an Industrial Ml Zone, no person shall use any building,
structure or land nor erect any building or structure except
in accordance with the following provisions:
7 . 1 GENERAL INDUSTRIAL "Ml"
6.4
6. )
7. )
B. )
6.3.4
1.)
2.)
3.)
4.)
5.)
6.)
7. )
B.)
10.)
PAGE 11
B.)
Open Storage - The open storage of goods or mat-
er~als shall be permitted only to the rear of the
main building and 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 side
yard requirements of this Section, and is
located no closer than 3.0 metres
to the rear lot line;
Rear Yard (minimum)
Building Height (maximum)
Planting Strip
6.0 metres
12.0 metres
Refer to Section 4.13
Zone Regulations for Highway Commercial Uses
Other than Automobile Service Stations, Public
Garages, Hotels and Motels
Lot Area (minimum)
464.0 square metres
iii- Such open storage does not cover more
than 35% of the lot area nor exceed
twice the ground floor area of the
main building on the loti
iv - Any portion of the area used for open
storage where it does not adjoin the
outside wall of a building is con-
cealed from view from the street by
a fence or wall.
Lot Width (minimum)
Front Yard (minimum)
Exterior Side Yard (minimum)
Interior Side Yard (minimum)
i-When not abutting a
Residential Zone
ii - When abutting a
Residential Zone
Rear Yard (minimum)
Building Height (maximum)
Planting Strips
15.0 metres
6.0 metres
6.0 metres
3.0 metres
9.)
10.)
ll.)
planting Strips
Loading Space
Off-Street Parkinq
Refer to Section
Refer to Section
Refer to Section
4.13
4.10
4.12
6.0 metres
7.5 metres
12.0 metres
Refer to Section 4.13
LOCAL COMMERCIAL "C4"
SECTION 8 - INSTITUTIONAL ZONES - II AND 12
6.4.1
Permitted Uses
An accessory use
A bake shop
A business or professional office
A convenience store
A dressmaking or tailor shop
A dry-cleaning establishment
A financial office or institution
A hairdressing shop
A laundromat
A restaurant
Dwelling units on the upper floors of a
Commercial building.
An accessory use
A Church
A day nursery
A fire hall
A hospital
An institution
Open space
Parking lots
Schools
Dwelling units accessory to the foregoing
permitted uses
A cemetery
8.1.2 Zone Requlations
1.) Lot Area (minimum) 464.0 square metres
In the Institutional II and 12 Zones, no person shall use any
building, structure or land nor erect any building or structure
except in accordance with the following provisions:
8 '.1 INSTITUTIOnAL ONE .. I 1 ..
8.1.1 Permitted Uses
6.4.2
Zone Regulations for Local commercial
1.)
Lot Area (minimum)
930.0 square metres
2.)
3.)
4. )
5. )
6.)
7.)
B. )
Lot Width (minimum)
Front Yard (minimum)
Exterior Side Yard (minimum)
Interior Side Yard (minimum)
Rear Yard (minimum)
Building Height (maximum)
commercial Floor Area
(maximum)
i-For anyone use
30.0 metres
6.0 metres
6.0 metres
3.0 metres
6.0 metres
10.5 metres
Lot Width (minimum)
Front Yard (minimum)
Exterior Side Yard (minimum)
"1:rit:~f,tdE:$ide ;;Yard"':,fm:i'niIli.mn).
Rear Yard (minimum)
Building Height (maximum)
15.0
6.0
6.0
3.,0
6.0
12.0
2.)
3.)
4.)
SC),
6.)
7.)
metres
metres
metres
metres
metres
metres
140.0 square metres
ii - Total for one lot
-s 60~ o square 'm~b:'e:s
9. )
A maximum of four (4) different Local Commercial
Uses will be permitted on one lot within a "C4" Zone.
Planting Strips Refer to Section 4.13.
8.2 INSTITUTIONAL TtlO "12"
8.2.1
perm;<f.tted Uses
An acc~ssory u~e
A pubL1C or pr~vate landfill
A sewage treatment plant and
site
lagoon.
SECTION 7 - INDUSTRIAL ZONE - Ml
8.2.2 Zone Regulations
1.) Lot Area (minimum)
1,850.0 square metres
7.1.1 Permitted Uses
An accessory use
A cartage, express or truck transport
terminal or yard
A contractor's or tradesman's shop or yard
A dry-cleaning establishment
A fabricating plant
A feed or flour mill
A fuel storage tank or supply yard
A grain elevator
A laundry shop
A lumber yard
A manufacturing plant
A municipal service garage, warehouse
or storage yard
An open storage use accessory to a permitted
use
A parking lot
A planing or saw mill
A printing and publishing plant
A public garage
A retail outlet, a wholesale outlet or a
business office accessory to a permitted
use
A service shop
A warehouse
A detached single family dwelling house if
occupied by a caretaker, watchman or other
similar person employed full time on the
lot on which such dwelling house is located.
2.)
3.)
4. )
5.)
6.)
30.0 metres
9.0 metres
9.0 metres
3.0 metres
7.5 metres
Lot Width (minimum)
Front Yard (minimum)
Exterior Side Yard (minimum)
Interior Side Yard (minimum)
Rear Yard (minimum)
SECTION 9 - OPEN SPACE - OS
In the Open Space OS Zone, no person shall use any building,
structure or land nor erect any building or structure except
accordance with the following provisions: .
in
9.1 OPEN SPACE "OS"
9.1.1 Permitted Uses
7.1. 2
Zone Regulations for General Industrial
A golf course
A park
An arena
An auditorium
An assembly hall
A bowling green
A curling rink
A parking lot
A playground
A sports or playfield
A stadium
A swimming pool
A tennis court
Accessory structures and buildings
1.)
Lot Area (minimum)
1,850.0 square metres
2. )
3. )
4. )
5. )
Lot l'lidth (minimum)
Fror:.!_~.'! (minimum)
Exterior Side Yard (minimum)
Interior Side Yard (minimum)
i-When not abutting
a Residential Zone
ii - When abutting a
Residential Zone
Rear ~ard (minimum)
Building Height (maximwn)
7.5 metres
30.0 metres
9.0 metres
9.0 metres
9.1.2 Zone Regulations
1.)
2. )
3.)
4. )
5. )
6. )
Lot Area (minimum)
Lot Width (minimum)
Fron~_yard (minimum)
Exterior Side Yard (minimum)
Interior Side Yard (minimum)
Rear Yard (minimum)
3.0 metres
Not Required
Not Required
6.0 metres
6.0 metres
6. 0 metres
6.0 metres
7.5 metres
15.0 metres
6. )
7.)
PAGE 12
SECTION 10 - HAZARD LAND ZONE - H
12.10 Notwithstanding the prov~s~ons of the 03 Zone on those
lands described as Part of Park Lot 17, Plan 4, south side
of King Street, a 6.0 metre planting strip shall be
maintained adjacen~ to North Street and King Street.
1?.11 Notwithstanding the provisions of the Residential One "Ri"
Zone a licensed day care nursery shall be permitted on
part of lot 28, west side of QueBn Street..
1?:.12 Notwithstanding the provisions of the "C)II Highway
Connnercial Zone, a funeral home shall be 'Oermi tted on
Part 2 of Reference Plan 3R-2969 (Part or" Block uK",
Plan M-}}).
12.13 Not~ths~anding the provisions of the Cl General Commercial
Zone an Uldustrial use, liIn:ited to the existing operation
at the. time or the passing of this By-law on Lot One (1)
west. 51-de of' Queen Street, Plan 4.
12.14 Notwi~hstanding the provisions of' the R3-1 Zone to permit
a maV,nnlm of 4,900 sq. ft. (460 sq. metres) of Commercial
Uses to be.limited to the following uses: (1) a business
o~ prof'essJ.OnaJ. o:r.rii?e o~ stl;1dio, (2) a clinic. 0) a
f~cia1 orfice or Ulst-?-tutJ.on, (4) a private educational
facility. (5) a dressmaking or tailor shop. Also twelve
(12) apartment units will be permitted subject to the
zone regulations for an apartment dwelling house as contained
in R4 zone on Part Ot!E of Reference Plan 3R 3062 .
In the Hazard Land Zone H, no person shall use any building,
~tructure or land nor erect any building or structure except
1n accordance with the following provisions:
10.1
HAZARD LAND ZONE DR"
10.1.1 Permitted Uses
Accessory Uses
Forestry
Recreation uses but not including a building
Public works and utilities
10.1.2 Zone Regulations
Within the "H" Hazard Land Zone, no buildings
structures or fill shall be permitted except f~r those
buildings or structures required as part of
the necessary operation of a public work or
utili ty.
SECTION 11 - DEVELOPMENT ZONE D
SECTION 13 - ADMINISTRATION, ENFORCEMENT AND PENALTIES
In any Development Zone D, no person shall use any building,
~tructure or land nor erect any building or structure except
10 accordance with the following provisions:
13.1
ADMINISTRATION
11.1
Development Zone "D'"
This By-law shall be administered by the Building Inspector
or by a Zoning Admin1strator appointed by Council.
11.1.1 Permitted Uses
An accessory use
An existing farm
An existing single detached dwelling
A home occupation
13.2
BUILDING AND OTHER PERMITS
11.1. 2 Zone Regulations
1.) Lot Area (minimum) 10.0 hectares
2. ) Lot width (minimum) 100.0 metres
3.) Front Yard (minimum) 6.0 metres
4. ) Exterior Side Yard (minimum) 6.0 metres
5.) Interior Side Yard (~inimum) 7.5 metres
6.) Rear Yard (minimum) 7.5 metres
Notwithstanding the provisions of the corporation's
Building By-law or any other By-law of the corporation,
no building permit or occupancy permit shall be issued
where the proposed building, structure or use would be
in violation of any of the provisions of this By-law.
13.3
APPLICATION FOR PERMITS
SECTION 12 - EXEMPTIONS
In addition to all the requirements of the corporation's
Building By-law or any other By-law of the corporation,
every application for a building permit shall be accompanied
by a plan in duplicate (one copy of which shall be retained
by the Building Inspector or Zoning Administrator) drawn
to scale and showing the following:
1.) The true dimensions of the lot to be built upon or
otherwise used.
2.) The proposed location, height and dimensions of any
building, structure or use proposed for such lot.
3..) p:r:-c:;lpo~_ed.:,~~ca!io'::l~c:ln':1__ d~me:nsfons,of . any yards . set-
back/landscaped __-open -spaoe,. --off-'street"pa:tking space
or off-street loading facilities required by this
By-law.
4.) The location of all existing buildings or structures
on the lot shown on the plan.
5.) A statement signed by the owner, disclosing the exact
use proposed for each aforesaid building, struct.ure
or use and giving all information necessary to determir.
if such proposed or existing building, structure or USE
conforms to the requirements of this By-law.
\
12.1
Notwithstanding the provisions of the Residential Three
"R3" Zone, an elderly persons residence containing a
maximum of 24 guest rooms with communal dining facilities,
shall be a permitted use on Lot 14, east of Princes
Street.
And f~rther, the said elderly persons residence shall have
a maximum height of three storeys and a minimum of 8 off~
street parking spaces.
13.4
INSPECTION
12.2
Notwithstanding any other provisions of this by-law, an
existing automobile service station is a permitted use
on Lot 28, and part of Lot 29, situated on the east side
of Queen Street, south of Albert Street. No other type
of Highway coromer~al Use shall be permitted on this
property.
The Building Inspector or any officer or employee of the
Corporation acting under the direction of the Council is
hereby authorized to enter, at all reasonable hours, upon
any property or premises for the purpose of carrying out
his duties under this By-law.
13.5 VIOLATIONS AND PENALTIES
12.3
Notwithstanding the provJ.sJ.ons of the Residential One "Rl"
Zone, the office of a physician and one dwelling unit will
be permitted within the same building, on Lot 20 at the
northwest corner of Queen Street and John Street.
Provided that:
l~) A 1.0 metre wide planting strip be
maintained along the westerly and northerly
lot lines.
2.) A minimum of 7 off-street parking spaces shall
be provided.
Every person who uses any lot, or erects or uses any buildi
or structure or any part of any lot, building or structure
in a manner contrary to any requirement of this By-law, or
who causes or permits such use or erection, or who violates
any provision of this By-law or causes or permits a vio1aio
shall be guilty of an offence and upon conviction therefor
shall forfeit and pay a penalty not exceeding one thousand
dollars ($1.000.00) exclusive of costs for each such offenc
13.6
VALIDITY
2.) Front Yard (minimum)
1.5 metres
If any section, clause or prov~sion of this by-law,
is for any reason declared by a court of competent
jurisdiction to be invalid, the same shall not affect
the validity of the By-law as a whole or any part
thereof other than the section, clause or provision so
declared to be invalid and it is hereby declared to be
the intention that all reroaining sections, clauses or
provisions of this By-law shall remain in full force
and effect until repealed, notwithstanding that one or
more provisions thereof shall have been declared to
be invalid.
12.4
Notwithstanding the provisions of the Residential One "RI"
Zone, the following regulations shall apply to Lots 25,
26, ~7, 28, 29, 30 and 31, fronting onto the west side of
McDonald Avenue:
1.) Lot Area (minimum) 343 square metres
12.5 Notwithstanding the provisions of the commercial "el"
Zone, not more than nine apartment units may be permitted
on the first floor of an apartment dwelling house on Lots
12 and 13, North of Lambton Street and Part of Lots 12
and 13, South of Durham Street.
12.6
Notwithstanding the provisions of the "R3" Residential
Zone, a funeral home shall be permitted on Lot 10: East
of Princes Street.
12.7 Notwithstanding the provisions of the "Rl" Residential
Zone, semi-detached residential dwellings shall be
permitted at the following locations.
1.) Lot 12, East of Adelaide Street
1?9
Not-withstanding the provisions of the Rl Zone, the
Royal Canadian Legion shall be permitted on lands
described in Reference p1an 3R 1362 dated February
l~J 1976.
Notwithstanding the provisions of Resid~n~ial R3-l Zone,
the office o~ physicians and one dwelling ~it be permitted
within the same bu:i.lding on lot 17. south 5J.de of Durham
Street. A minimum o~ 7 off str~et parking spaces shall
be provided.
12.8
PAGE
SECTION 14 - APPROVAL
14.1 REPEAL
By-law No. 2050, as amended of The Corporation of the
Town of Kincardine is hereby repealed.
14.2 EFFECTIVE DATE
No part of this By-law shall come into force without
the approval of the Ontario Municipal Board. but subject
to such approval, this By-law shall take effect fram the
passing thereof.
READ A FIRST AND SECOND TIME THIS
5th
day of
March
, 1981.
C.W. Mann
Mayor
C.R. Merritt
Clerk
READ A THIRD TIME AND finally passed this 2nd
day of
Julv
, 1981
c.w. Mann
Mayor
C' R M"""...ri+-f-
Clerk
PAGE 16
USE OF t1ETRIC
. The text of this Zoning By-law uses only metric
f1gures. In order to obtain the imperial equivalent of
such figures, the following conversion factors may be
applied; ,
NO. OF CENTIMETRES X .0328084 = NO. OF FEET
NO. OF METRES X 3.28084 = NO. OF FEET
NO. OF SQUARE METRES X 10.764262 = NO. OF SQUARE FEET
NO. OF HECTARES X 2.471134 = NO. OF ACRES
The following are some metric figures used in this
By-law and their imperial equivalent:
METRIC IMPERIAL
CEN'J.'IMET,RES TO FEET SQUARE METRES TO SQUARE FEET
15 0.492 9.0 96.878
60 1.968 10.0 107.643
120 3.937 18.5 199.139
190 6.234 20.0 215.285
213 6.988 37.0 398.278
360 11. 811 40.0 430.571
METRES TO FEET 46.0 495.156
55.0 592.034
0.5 1. 640 65.0 699.677
1.0 3.281 67.0 721. 206
1.5 4.921 79.0 850.377
2.0 6.562 93.0 1001.076
3.0 9.843 140.0 1506.997
3.5 11. 483 185.0 1991. 389
4.0 13.123 200.0 2152.853
4.5 14.764 317.0 3412.271
5.0 16.404 325.0 3498.385
5.5 18.045 343.0 3692.142
6.0 19.685 365.0 3928.956
7.5 24.606 370.0 3982.777
9.0 29.528 464.0 4994.618
10.0 32.808 520.0 5597.417
10.5 34.449 560.0 6027.987
11.5 37.730 650.0 6996.771
12.0 39.370 690.0 7427.341
15.0 49.213 890.0 9580.194
18.0 59.055 930.0 10010.764
18.5 60.696 1390.0 14962.325
20.0 65.617 1850.0 19913.885
21.0 68.898 4000.0 43057.050
22.5 73.819 10000.0 107642.620
24.0 78.740
30.0 98.425
30.5 100.066
38.0 124.672 HECTARES TO ACRES
--
45.0 147.638 10 24."7
100.0 328.084
160.0 524.934
NOTE: These tables on metric conversion to Imperial
are for information purposes only, and are
not part of the Zoning By-law.