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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Section 14 - Approval 14.1 Repeal By-law No. 2050, as amended of The Corporation of the Town of Kincardine is hereby repealed. 14.2 Effective Date · No part of this By-law shall come into force without the approval of the Ontario Municipal Board, but subject to such approval, this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. . ~~~~ May /fM -?n...~-' e1erk ' , READ A THIRD TIME AND finally passed this 2nd day of July, 1981. ~~'#~~ Mayor ~ -7u.........~ C1JM'k ..q'~ .£Lj.. :;', /; -- ~- , -/ ' ,-, "-; - -' r '/ /, '< ~-:. '-, -- , '-, '- ' , " .... , 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 'C,- .... '_ ~'.....', - " 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~;~ :?C~~::;,~hl' ,ft..t+::;,'\f!~"1!P:;(i~~~,"t;);');ll!)lE.F~9l1'::'f?:{>Jf}:""l::l'P~!~:i~\rI::'l::lt:!,f:w,t!!ep", :.1;!'O'fJPt1:r."',':~Y7'l::!;, '.' ~l1~ef\,::,~~~,; "P~;t;:~y:. oX:::,\'l'~9l:ty..uhCle~gi:=i:)und 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. .~::'~'~!""""m,',;..,.~~7;:....~::-".:~~,',M:".',':":'.M '..',7'I',-::;':"':.:-::----.,-.,-..'"..~ 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 -- "".........sr_ . 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H" ( h {--J, IJ.~ ( ~ Il~nr' \. . <OBLVD ~s:c.'o \\' V EVCHtH- [:D'::~'_-"'" "'j~ . ) ~ /i ,IJ....' f-. , f' '\ \ ",-, ' .L- i'I"..~I' I I ':.1...! i I....i..." '. -- - H - LAKE ------ NOTE I. THE HAZARD ZONE ALONG THE PENETANGORE RIVER AND ITS ] RIBUTARIES LS BASED ON THE REGIONAL DESIGN STORM FLOODLlNE. FOR ArCURATE lOCATION OF THESE FLOODLlNES, REFERENCE SHOULD BE MADE TO THE SAUGEEN VAl~EY CONSERVATION AUTHORiTY 2 THE ERECTION OF A BUilDING OR STRUCTURE, AND/OR THE PLACEMENT OR REMOVAL OF Fill, WITHIN THESE SHADED i\REAS, REQUIRES A FU AND CONSTRUCTION PERMIT FROM THE SAUGEEN VAllEY UY:SERVi'-TIOiJ AUTHOR'Ty PR'OR TO THE COMMENCEMENT OF f,NY CONSTRUCTION ACTIVITIES o 100 200 300 I I I I SCAL.E IN METRES II.SOD r I I c: Ii Ii .1 !! Ii I I I _J ---- .- i --- ___u :1! r I . i .9- C/~ '// C ~ ~'I~ .l: I ~: ~: C 10 I'" t:::J IJ: ,. T owns,~i p , ",.w~.rI~.2.I I . <' .. I[ <)au 'c. :...: >... % 0 'fu'" · ~ '. I "~..OIE '])1 <. ...~ ;7a~ ,) .~' :'. <<-:::..ftl _ I ~~<j'~ <.:': <,' <'rt: i I) , ..-r' Jm!t' LA'ok; \'~-:.d.9~~J f~ /11- ~7c L ({~<L~~~"" ~.~ :'., ",... 'X:\liO ~.:.: '.', ',.., ..~ , , T I <I,v"vl<'.. J ~.. . ~'--:"---=--::--=--=-=::::::--=-----~-=-I .. ,~ r .'. 'i ,:.,:::\~, . . .' I. i '~ < ~:\\ ~ :. .', :;-:. ,- :. :. :. '. : :-: L .,~ d" ~: ;. :J;..: :'<{ :/. .<< ....... . . ., 6",-::1'\:, t: L ------~--~~--. _ --~ ..- _ JZ .....\1 J.<:.,-;;..:.t:!Ia .::' ..::,..:<<.........:1::.... f-' ~.~-AQWlQj;......- ...... - ---~r--' ...~.::.:':-......'..... ~r:.>~'-= I.. , ;: ;: : ;. .. ; ;' :, .. ~~.t ~ -~:~,..ij.ii~-~-:i! ",%i;. ~~.:_~ L-..~.. . . I,., ..~ih}:(;j.ilii~.ri.:,:....~.::~,':,:( ~'::"'t< p,_ 'C"-VICTORIA ., . .... ......:...)jiil;.....:. " !~~.,,;ii;' i' '~,"'" ":::.;~ ~i.,: \,~:.~' . i~is~ ~. >> ',. ".,,;;[..:.::.~~~; (1 :',: ,,:~i: I1 ',/ ~ [ .....-1-" ~'~ -i I i 1, I ~ I EN \ , :, I ~';'+:'C+.// I I ~~f ~.~~~.~~.~H~-~, ':'1",,'.'..'..".'.', "'" I"EET"~ #':!~ / ~) ,;, . .: ':1 ~~.~. , ~J"''<;';0'<'."' ~~ l~?l~~ '.1': ..,,'.,!!! i ~."" "-0"." "';~'.'. ~.1 ~ . ~! - --. .~' t ~::.1~ __-' o~_~=-_' .....,.,.._~. '_ ~ .., ~ JRON . ~ 1, ""~~'.,.,.".;s ;:'R'1i"~ SCHEDULE 'A' l !"'~' '7/., " :; ",p l..___ - C3 M1 D I~ C B M1, M1 I I I q> ~'" C 3 'I( /---...---- "H I M1 \\~ ~~. ' ". ~ .... '\ I 1)1 S ~ ~ t~~ rnm, ~ I : -, ' 12 . 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 ~'-- .,' r- I I .___ I 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.