HomeMy WebLinkAboutKIN 88 001 Zoning Bylaw
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BY-LAW NUMBER 1988-1
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A BY-LAW TO REGULATE
THE USE OF LANDS AND THE CHARACTER, LOCATION
AND USE OF BUILDINGS AND STRUCTURES
IN THE TOWN OF KINCARDINE
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TABLE OF CONTENTS
SECTION PAGE
1 TITLE 1
2 DEFINITIONS 2
3 ZONES 14
4 GENERAL PROVISIONS 16
5 RESIDENTIAL ZONES - R1, R2, R3, R4 AND R5 31
RESIDENTIAL ONE ZONE "R1"
RESIDENTIAL TWO ZONE "R2"
RESIDENTIAL THREE ZONE "R3"
· RESIDENTIAL FOUR ZONE "R4"
RESIDENTIAL FIVE ZONE "R5"
6 COlIIŒRCIAL ZONES - C1, C2, C3, C4 AND CS 48
GENERAL COMMERCIAL "C1"
SHOPPING CENTRE "C2"
HIGHWAY COMMERCIAL "C3"
LOCAL COMMERCIAL "C4"
RESORT COMMERCIAL "C5"
7 INDUSTRIAL ZONE - )11 59
8 INSTITUTIONAL ZONES - I 1 AND I2 61
INSTITUTIONAL ONE "It"
INSTITUTIONAL TWO "12"
9 OPEN SPACE - OS 63
10 HAZARD LAND ZONE - H 64
· 11 DEVELOPMENT ZONE - D 65
12 ADMINISTRATION, ENFORCEMENT AND PENALTIES 66
13 APPROVAL 69
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THE RESTRICTFJ) ARPA BY-LAW NUMBER 1988-1
OF THE
illRl'ORATION OF THE TOWN OF KINCARDINE
A By-Law, under the prOVlSlOns of Section 34 of The Planning Act, 1983, to
regulate the use of lands and the character, location and use of buildings and
structures and to prohi bi t certain uses of land and the erect i on and use of
certain buildings and structures in various areas of The Corporation of The Town
of Kincardine.
WHEREAS The Municipal Corporation 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, 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,
prohibi t and regulate the use of land si tuated wi thin the defined areas, as
hereinafter designated, for the purpose of regulating and prohibi ting 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 protection 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
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· SECTION 2 - DEFINITIONS
For the purpose of this By-Law, the Defini tions 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 bui Iding 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 tlle 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 yards, 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 building in 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 "ATTACHED" when used in reference to a building, means a building
otherwise complete in itself which depends for structural support or
complete enclosure upon a division wall or division walls shared in common
with adjacent building or buildings.
2.5 "AUTOBODY REPAIR SHOP" means a building or part of a building where the
rebuilding, repair, or reconditioning of motor vehicles or parts thereof,
including collision service, painting and steam cleaning, is carried on,
but does not include an automotive establishment as defined elsewhere in
this by-law, or salvage yard.
2.6 "AUTOMOBILE CAR WASH" means a building or structure, the function of which
is the washing and cleaning of motor vehicles and may include as an
accessory use the sale of fuels to motor vehicles.
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2.7
"AUTOMOTIVE SALES ESTABLISHMENT" means a building and/or lot the prime
function of which is the display and sale of new or used motor vehicles
and may include as an accessory use, buildings or structures for the
servicing, repair, cleaning, polishing and greasing of motor vehicles, the
sale of automotive accessories and related products, the leasing or
renting of motor vehicles, this includes motorized recreational vehicles.
2.8 "AUTOMOTIVE SERVICE ESTABLISHMENT" shall mean a building or place, the
prime function of which is the sale of automotive fuels and products
and/or providing repair service and maintenance to motor vehicles and may
include as an accessory use, the sale of automotive accessories and
related products, but does not include an autobody repair shop.
2.9 "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.
2.10
"BED & BREAKFAST OR TOURIST HOME" shall mean an owner occupied dwelling
house, containing more than two and less than ten rooms used or maintained
for the accommodation of the public, in which the owner or lessor
supplies, for hire or gain, lodgings with or wi thout meals. (Refer to
Section 2.24.12)
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2.11 "BUILDING" shall mean any structure other than a fence being a permanent
edifice fixed to, or supported by the soil, and used or intended to be
used for the shelter, accommodation or enclosure of persons, animals or
chattels.
2.12 "BUILDING BY-LAW" means any by-law of the Corporation regulating the
erection, alteration, demolition and repair of buildings, for the time
being in force and shall include the Ontario Building Code and, where
applicable, a By-Law passed pursuant to Section 31 of The Planning Act,
1983 prescribing standards for the maintenance and occupancy of property.
2.13 "CARPORT" means a roofed structure accessory to the main dwelling and used
for the storage of privately owned motor vehicles. The roof of said
structure shall be supported only by piers or columns so that at least 40%
of its wall area is unenclosed.
2.14 "CELLAR" shall mean that portion of a bui Iding between two floor levels
which is partly or wholly underground and which has more than one-half of
its height from finished floor to finished ceiling, below adjacent
finished grade.
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2.15 "CLINIC" shall mean a building 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.
2.16 "CLINIC, VETERINARIAN" means a building in which two (2) or more rooms
are used by a veterinary surgeon for the treatment of diseases and
injuries of domestic animals.
2.17 "COMMERCIAL COLLEGE OR SCHOOL" means a commercial establishment which
provides instruction in any subject for profit or gain; and, without
limiting the generality of the foregoing, includes a secretarial college
or school, a dance school or studio, a school of music, a mOdelling
school, a charm or finishing school, a ceramics or other crafts school or
studio, but does not include a public school, separate school or private
school as defined in The Education Act or a day nursery, as defined in
this By-Law.
2.18
2.19
· 2.20
"CONVENIENCE STORE" shall mean a retail establishment which provides its
immediate vicinity with incidental items of household necessity.
"CORPORATION" shall mean The Corporation of The Town of Kincardine.
"COUNCIL" shall mean The Municipal Council of The Corporation of The Town
of Kincardine.
2.21 "COUNTY" means The Corporation of The County of Bruce.
2.22 "COVERAGE" shall mean the percentage of the area of the lot covered by the
buildings situated thereof.
2.23 "DAY CARE NURSERY (LICENSFJ»)" shall mean a premises that receives more
than five 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.
2.24
"DRY CLEANING ESTABLISHMENT" shall mean a building where dry cleaning,
dyeing, cleaning or pressing 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.
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2.25 "DWELLING"
2.25.1
2.25.2
2.25.3
2.25.4
2.25.5
2.25.6
2.25.7
2.25.8
2.25.9
2.25.10
2.25.11
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"DWELLING HOUSE" shall mean a building designed and occupied
or capable of being occupied as a residence of one or more
persons.
"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 facilities are provided 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 inside.
"DWELLING UNIT, BACHELOR" shall mean a dwelling unit
consisting of one bathroom and not more than two habi table
rooms providing therein living, dining, sleeping and kitchen
accommodation in appropriate individual or combination room or
rooms.
"SINGLE DETACHED DWELLING" shall mean a dwelling house
containing one dwelling unit. This does not include mobile
homes, camping trailers or house trailers.
"SEMI-DETACHED DWELLING" shall mean one of a pair of two
attached single dwelling uni ts 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.
"LINK SEMI-DETACHFJ) DWELLING" shall mean one of a pair of two
single dwelling uni ts attached below grade by means of a
common masonry footing connecting the pair of dwelling units,
each of which has an independent entrance directly from the
outside.
"DUPLEX DWELLING HOUSE" shall mean the whole of a dwell ing
house that is divided horizontally into two separate dwelling
uni ts each of which has an independent entrance ei ther
directly from the outside or through a common vestibule.
"TRIPLEX DWELLING HOUSE" shall mean the whole of a dwelling
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.
"QUADRUPLEX DWELLING HOUSE" shall mean a pair of two attached
duplex dwelling houses or four single dwelling units.
"ROW DWELLING HOUSE" shall mean the whole of a dwelling 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
dwell ing unit.
"CONVERTED DWELLING HOUSE" shall mean a dwell ing house,
existing prior to November 22nd, 1968 (the passing of By-Law
2050), including any additions thereto constructed for
permanent use, altered or converted so as to provide therein
not more than four dwelling units.
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2.25.12
"BOARDING OR LODGING HOUSE" shall mean an owner occupied
dwellinghouse, containing more than two and less than ten
guest rooms used or maintained for the accommodation of the
public, in which the owner supplies, for hire or gain,
lodgings with or wi thout meals, and may include a BED &
BREAKFAST or TOURIST HOME, (Refer to Section 2.9), but does
not include any other establishment otherwise defined or
classified herein.
2.25.13
"APARTMENT DWELLING HOUSE" shall mean the whole of a dwell ing
house that contains five or more dwelling units, which have
separate entrances or a common entrance from street level
serviced by a common corridor. An "apartment dwell ing house"
does not include any other dwelling house otherwise defined
herein.
2.25.14
"SPLIT-LEVEL DWELLING" shall mean a building containing one or
more dwelling units, in which the first floor above finished
grade of each dwelling unit is so constructed as to create two
or more different levels. These different levels of the first
floor shall all be considered as part of the same storey
except where the vertical distance between two different
levels exceeds one metre; in which case, the two levels shall
be considered as separate storeys.
2.26 "DWELLING UNIT FLOOR AREA" shall mean the habitable area contained
within the inside walls of a dwelling unit, excludiJ~ any private
garage, carport, porch, verandah, unfinished attic, cellar or
basement, and excluding public or common halls or stairways.
2.27 "ELDERLY PERSONS RESIDENCE" shall mean a residential building
containing guest rooms used or maintained for the accommodation of
elderly persons or persons needing help in domestic care, in which
the owner or lessor supplies lodgings with meals for the residents.
2.28 "ERECT" shall mean to build, construct, reconstruct and relocate, in
compliance with the Ontario Building Code, and, without limiting the
generality of the foregoing, shall also include:
1) Any preliminary physical operation such as excavating,
filling or draining.
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2) Altering any existing building or structure byan addition,
enlargement, extension or any other material or structural
change.
3) Any work necessitating a building permit as required by
the Building By-Law of the Corporation.
2.29 "EXISTING" shall mean existing on the date of the final passing of
this By-Law.
2.30 "FARM" shall mean a parcel of land together with its dependent
buildings held for the purpose of agricultural use.
2.31 "FLOOR AREA, GROSS" shall mean the sum of the horizontal 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:
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1) Any floor area of the building or structure which is used for
heating equipment, storage or parking of motor vehicles, locker
storage and laundry facilities, childrens' play areas and other
accessory uses.
2) Enclosed malls when used as a common area between stores.
2.32 "FLOOR AREA, TOTAL" shall mean the sum of the horizontal 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.
2.33 "GRADE FINISHED" shall mean the average elevation of the finished
surface of the ground where it meets the exterior wall of a
building.
2.34 "GARAGE PRIVATE" shall mean a detached accessory building or a
portion of a dwelling house which is designed to be used for the
sheltering of motor vehicles.
2.35
"GROUP HOME" shall mean a single housekeeping uni t in a residential
dwelling in which three to ten residents, excluding staff or host
family, 1 ive under responsible supervision consistent with the
requirements of its residents. The home shall be 1 icensed or approved
under Provincial Statute and be in compliance with municipal by-
laws.
2.36 "HEIGHT" AND "HEIGHT OF BUILDING" shall mean the vertical distance
between the finished grade at the front of the building, and:
1) In the case of a flat roof, the highest point of the roof
surface or the parapet, whichever is the greater;
2) In the case of a mansard roof, the roof deck line;
3) In the case of a gable, hip or gambrel roof, the mean height
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
mechanical equipment of any building, shall be disregarded in
calculating the height of such a building.
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"HOME OCCUPATION" shall mean a gainful occupation conducted within
a single detached dwelling house by members of the family residing
therein.
2.38
"HOTEL" shall mean any motel, tavern, inn, lodge, lounge or public
house in one main building or in two or more buildings used mainly
for the purpose of catering to the needs of the public by supplying
food and furnishing sleeping accommodation of not less than ten
bedrooms, and shall include a hotel within the meaning of the Liquor
Licence Act and the Tourist Establishment Act, but does not include
premises commonly known as boarding houses.
2.39
"INSTITUTION" shall mean any land, building, structure, or part
thereof. used by any organization, group, corporation or
association, for the promotion of charitable, educational, religious
or benevolent objectives and not for profit or gain.
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2.40
"LANDSCAPFJ) 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 suitable for the growth and maintenance
of grass, flowers, bushes and other landscaping and includes any
surfaced walk, patio or similar area but does not include any
driveway or ramp, whether surfaced or not, any curb, retaining wall,
parking area or any open space beneath or within any building or
structure.
2.41 "LANE" shall mean a public thoroughfare which affords a secondary
means of access to abutting lots and which is not intended for
general vehicular traffic circulation.
2.42 "LOADING SPACE" shall mean an off-street space on the same lot as
the building or contiguous to a group of buildings, for the
temporary parking of a commercial vehicle while loading or unloading
merchandise or materials and which abuts upon a street, lane or
other appropriate means of access.
2.43
"LOT" shall mean a parcel of land described in a deed or other
document legally capable of conveying title to or interest in land,
or ShOWIl as a lot or block on a Registered Plan of Subdivision.
2.44
"LOT AREA" shall mean the total horizontal area within the lot lines
of a lot, excluding the horizontal area of such lot covered by water
or marsh.
2.45
"LOT, CORNER" shall mean a lot having two intersecting lot lines, or
their extensions in the case of a curve, both of which divide the
lot from a public street or streets and which intersect at an angle
not exceeding 135 degrees.
2.46
"LOT WIDTH" shall mean the horizontal distance between 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 1 ine at which
erection of building or other structure is permitted by this By-Law.
2.47
"LOT, INTERIOR" shall mean a lot other than a corner lot and having
frontage on one street only.
· 2.48
"LOT LINE" shall mean any boundary of a lot or the vertical
projection thereof.
2.49
"LOT LINE, FRONT" shall mean in the case of an interior lot, a line
dividing 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.
2.50
"LOT LINE, REAR" shall mean the lot line farthest from and opposite
to the front lot line.
2.51
"LOT LINE, SIDE" shall mt:¡¡,¡~ a lot line other than the front or rear
lot line.
2.52
"LOT, THROUGH" shall mean a lot wi th access on two opposi te sides of
a street or lane.
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2.53
"MARINA" means a building, structure or place, containing docking
facilities and located on a navigable waterway, where boats or beat
accessories are stored, serviced, repaired or kept for sale and
where facilities for the sale of marine fuels and lubricants may be
provided.
2.54 "MARINE EQUIPMENT SALES ESTABLISHMENTS" shall mean a building and/or
lot used for the display, sale and storage of new or used boats and
may include as an accessory use, buildings or structures for the
servicing, repair, cleaning, polishing and greasing of boats, the
sale of marine accessories and related products, or the leasing or
renting of boats and motors.
2.55 "MARINE SERVICE ESTABLISHMENTS" shall mean a building or place the
prime function of which is the sale of marine fuels, boats and
motors and/or providing repair service and maintenance to marine
equipment, and may include as an accessory use, the sale of marine
equipment and related products but does not include storage uses.
2.56
"MOBILE HOME" means any dwelling unit that is designed to be made
mobile, and constructed or manufactured to provide a permanent
residence for one or more persons, but does not include a travel
trailer or tent trailer or trailer otherwise designed. A mobile
home shall be distinguished from other forms of prefabricated
transportable housing by reason of a design which is in accordance
with Regulation Z-240.2.1-1979 of the Canadian Standards
Association, as amended from time to time.
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2.57 "NON-CONFORMING" shall mean a use, building or structure, or part
thereof which does not conform or comply with the permitted uses in,
or regulations of, this By-Law as of the date of the passing
thereof.
2.58 "NURSING HOME" shall mean any building or portion of a building
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.
2.59
"PARK" shall mean a park, playground or playfield including therein
one or more of the following: athletic fields, community centres,
bleachers, swimming pools. wading pools, greenhouses, bandstands,
skatil~ rinks, tennis courts, bowling greens, curling rinks,
refreshment rooms, camping areas, picnic areas, boating facilities,
arenas, golf courses, horticultural areas, or similar uses.
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2.60 "PARKING AREA" shall mean an area provided for the parking of motor
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.
2.61 "PARKING SPACE" shall mean an area of not less than 17.0 square
metres, having a minimum width of 2.9 metres and length of 6 metres,
exclusive of any aisles, or ingress or egress lanes, for the
temporary parking or storage of motor vehicles, and may include a
private garage.
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2.62
"PERSON" shall mean any human being and includes any association,
partnership, corporation, Municipal Corporation, agent, or trustee
and their heirs, executors and assigns, or other legal
representatives of a person to whom the context can apply according
to law.
2.63 "PLACE OF ENTERTAINMENT" shall mean a theatre, arena, auditorium,
public hall, billiard or pool room, bowling alley, ice or roller
skating or skateboard rink, dance hall, music hall, miniature golf,
water slide or video arcade.
2.64 "PUBLIC LIBRARY" means a publ ic library within the meaning of the
Public Libraries Act.
2.65 "RESTAURANT" shall mean a business establishment in which facilities
are provided for the preparation, serving and consumption or take
out and/or delivery of food and drink.
2.66
"RETAIL STORE" shall mean a building or part of a building in which
goods, wares, merchandise, substances, articles or things are
offered or kept for sale but does not include any establ ishment
otherwise defined or classified herein.
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2.67 "SALVAGE YARD" shall mean an establishment where goods, wares,
merchandise, articles or things are sold or processed for further
use or where such goods, wares, merchandise, articles or things are
stored wholly or partly in the open and includes a junkyard, scrap
metal yard and an automobile wrecking yard or premises.
2.68 "SERVICE ESTABLISHMENT" shall mean a bui Iding or part of a bui Iding
for the servicing or repairing of articles, goods or materials, and
in which no product is manufactured, and sales are accessory to the
main use.
2.69 "SCHOOL" shall mean a school under the jurisdiction of a Board as
defined by the Ministry of Education, or a Post Secondary
Educational Facility.
2.70 "SHOPPING CENTRE" shall mean a group of businesses, predominantly
retail commercial in nature, and designed, developed and managed as
a unit which have the required off-street parking provided on the
premises.
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2.71
"SITE PLAN" shall mean a scale drawing prepared to illustrate the
relation between the lot lines and the uses, buildings or structures
existing or proposed on a lot, including such details as parking
areas, walkways, landscaped areas, lighting, building areas, minimum
yards, floor areas, easements, drainage contours, and areas for
special uses.
2.72 "STOREY" shall mean that portion of a building, other than the
basement or cellar, which lies between any floor and the roof or
ceiling next above such floor.
2.73 "STOREY, ONE-HALF" shall mean a portion of a bui Iding situated
wholly or in part, within the roof and in which there is sufficient
space to provide a height between finished floor and finished
ceiling of at least 2.0 metres over a floor area equal to at least
50 percent of the floor.
2.74 "STREET" shall mean a public roadway which affords the principal
means of access to abutting lots but does not include a lane or
private right-of-way.
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2.75
"STREET, IMPROVED" shall mean a publ ic street with a minimum right
of way width of 20 metres, that has been assumed by the Corporation
as a public roadway and has been constructed and maintained in such
a manner so as to permit its use by normal vehicular traffic.
2.76 "STREET LINE" shall mean the limit of the road or street allowance
and is the dividing line between a lot and a street.
2.77 "STRUCTURE" shall mean any erection, permanent or temporary, fixed
to or supported by the soil.
2.78 "TRANSPORTATION DEPOT" shall mean the use of land, buildings or
structures where commercial motor vehicles pick up and discharge
fare paying passengers, and may include as an accessory use a ticket
office, a restaurant, luggage checking and/or parcel shipping
facilities, and offices accessory to the main use, but does not
include the display or sale of any motor vehicle.
2.79
"USE" shall mean the purpose for which a lot, bui lding or
or any combination thereof, is designed, arranged,
occupied or maintained.
structure,
intended,
2.80
"YARD" shall mean a space, appurtenant to a building located on the
same lot as the building, and which space is open, uncovered and
unoccupied from ground to sky except for such accessory buildings,
structures or uses as are specifically permitted elsewhere in this
By-Law.
2.81 "YARD, FRONT" shall mean a yard extending across the full width of
the lot between the front lot line of the lot and the nearest part
of any building on the lot.
2.82 "YARD, REAR" shall mean a yard extending across the full width of
the lot between the rear lot line of the lot and the nearest part of
any building on the lot, but does not include any exterior side
yard.
2.83 "YARD, SIDE" shall mean a yard extending from the front yard to the
rear yard between the side lot line and the nearest part of any
building on the lot.
2.84
"YARD, EXTERIOR SIDE" shall mean a yard between the nearest part of
any main building and a public street, extending from the front yard
to the rear lot line.
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2.85 "YARD, INTERIOR SIDE" shall mean a side yard other than an exterior
side yard.
2.86 "ZONING ADMINISTRATOR" shall mean the Chief Building Official or
other employee of The Corporation charged wi th the duty of enforcing
the provisions of the Building and Zoning By-Laws of The
Corporation.
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SECTION 3 - ZONES
3.1
CLASSIFICATION OF ZONES
For the purpose of thi s By-Law, the Town of Kincardine is divided into the
following zones, and the lands included in each zone are shown on the
Zoning Map which forms Schedule "A" to this By-Law.
R1
R2
R3
R4
R5
C1
C2
C3
C4
C5
M1
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H
D
Residential One
Residential Two
Residential Three
Residential Four
Residential Five
General Commercial
Shopping Centre
Highway Commercial
Local Commercial
Resort Commercial
General Industrial
Institutional One
Institutional Two
Open Space
Hazard Land
Development
3.1. 1 Holding (' h') Zone
3.3
Where any of the zone symbols described in Section 3.1 above are preceded
by the Holding classification 'h', the removal of the Holding
classification and the use of the land in accordance with the zone symbol
following the 'h' will occur in accordance with Section D6 of the Town of
Kincardine Official Plan.
In the interim, before the Holding classification is removed, no person
shall use any land, building or structure for any purpose except those
uses, buildings or structures which legally existed on the date of passing
of this By-Law.
ZONING MAP
The extent of the boundaries of all the zones are shown on the Zoning Map
hereunto annexed as Schedule "A" which Zoning Map with all notations,
references and other information shown thereon is hereby incorporated in
and declared to form part of this By-Law to the same extent as if fully
described therein, unless specifically noted otherwise thereon.
ZONING SYIIBOLS
The symbols listed in Section 3.1 of this By-Law may be used to refer to
buildings and structures and the uses of buildings and structures
permitted by this By-Law in the said zone; and whenever in this By-Law
the word "Zone" is used preceded by any of the said symbols such zones
shall mean any area within the Town of Kincardine within the scope of this
By-Law delineated on the Zoning Map and designated therein by the said
symbol.
3.4 OOUNDARIES OF ZONES
Where any uncertainty exists as to the location of a boundary of anyone
of the said zones as shown on the Zoning Map the following rules shall
apply:
14
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3.4.1 Where the boundaries are indicated as following approximately the
centre line of streets, lanes, right-of-ways, or their productions,
such centre lines shall be deemed to be the boundary.
3.4.2 Where the zone boundaries are indicated as approximately following
lot lines such lot lines shall be deemed to be the said boundaries
on the passing of this By-Law.
3.4.3 Where the zone boundaries are indicated as approximately parallel to
any street and the distance of the zone boundary from such street
is not indicated, such zone boundary shall be construed as being
parallel to such street and the distance there from shall be
determined by the use of the scale of the said Zoning Map.
3.4.4 In the event a dedicated street or lane shown on any Schedule
forming part of this By-Law is closed, the property formerly in such
street or lane shall be included in the zone of the adjacent
property on either sside of such closed street or lane.
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15
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SECTION 4
4.1
APPLICATION OF BY-LAW
No building or structure shall hereafter be erected or altered and the use
of any building, structure or lot shall hereafter not be changed in whole
or in part except in conformity with the provisions of this By-Law.
4.2 ACCESSORY USES
4.2.1 Use of Accessory Buildings and Structures
Where this By-Law provides that a lot may be used or a bui Iding or
structure may be erected or used for a purpose, that purpose shall include
any accessory building or structure or accessory use, but shall not
include (1) any occupation for gain or profit conducted within or
accessory to a dwelling uni t except as in this By-Law is specifically
permitted or, (2) any building used for human habitation.
4.2.2 Location
4IÞ Except as otherwise provided herein, any accessory building or structure
which is not part of the main building may be erected in any yard except
a front yard or exterior side yard, and shall comply with the yard
requirements of the zone in which such building or structure is situated.
4.2.3 Height
Except as otherwise provided herein, no accessory building shall exceed
4.5 metres in height.
4.2.4 Coverage
The total lot coverage of all accessory buildings and structures on a lot
shall not exceed 15% of the lot area.
4.2.5 Permitted in Interior Side or Rear Yard
·
Notwithstanding any other provisions of this By-Law to the contrary, in a
Residential Zone a detached private garage or other accessory building or
structure may be erected and used in an interior side or rear yard
provided that when such accessory bui Iding or structure is located it
shall be no closer than 1.0 metre to the interior side and rear lot lines
except where a mutual private garage is erected on the common side lot
line between two lots, in which case no interior side yard is required.
4.3
NON--<nIPLYING BUIIDINGS
4.3. 1 Non-complying Buildi~s
Nothing in this By-Law shall prevent the strengthening to a safe condition
of any building or structure or part of any such building or structure
which does not comply with the provisions of this By-Law, provided such
al teration or repair does not increase the height, size or volume or
change the use of such building or structure.
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16
4.3.2 Permitted Extensions of Non-Complying Buildings
·
Nothing in this By-Law shall prevent an extension or an addition being
made to a building or structure which is used for a purpose specifically
permitted within the zone in which such building or structure is located
and which building or structure legally existed at the date of passing of
this By-Law but which building or structure does not comply with one or
more of the Zone Provisions of this By-Law, provided such extension or
addition does not contravene any of the provisions of this By-Law.
4.3.3 Permitted Replac~ent of Non--COllplying Bui Idings
Nothing in this By-Law shall prevent the restoration of any building or
structure which is damaged by fire or an act of nature, which does not
conform with the provisions of this By-law, provided that (1) such
restoration does not increase the height, size or volume or change the use
of such building or structure; and (ii) such restoration complies, with
all applicable yard provisions of the applicable zone, if possible, and
does not reduce the original non-complying yard dimensions.
4.3.4 Building Permit Issued
·
Nothing in this By-Law shall apply to prevent the erection or use for a
purpose prohibited by this By-Law of any building or structure for which
a permit has been issued under Section 5 of the Building Code Act, prior
to the date of the passing of this By-Law, so long as the building or
structure when erected is used lli1d continues to be used for the purpose
for which it was erected and provided the permi t has not been revoked
under Section 6 of The Building Code Act and the erection of such bui Iding
or structure is commenced within two years after the date of the passing
of this By-Law lli1d such building or structure is completed wi thin a
reasonable time after the erection thereof is commenced.
4.4
NON-CONFORMING USES
4.4.1 Continuation of Existing Uses
Nothing in this By-Law shall apply to prevent the use of any lot, bui lding
or structure for any purpose prohibited by this By-Law if such lot,
building or structure was lawfully used for such purpose on the date of
passing of this By-Law, so long as it continues to be used for that
purpose.
4.4.2 Change of Use
· Nothing in this By-Law shall prevent a change in the use of a lot,
building or structure which under the provisions hereof is not permissible
within the zone in which such lot, building or structure is located if the
use is changed to a use which is permissible within such zone, or such
other compatible uses as may be approved under Section 44 of The Planning
Act.
4.4.3 Existing Detached Dwellings
A detached dwelling legally existing at the date of passing of this by-law
and located in any commercial zone, may be altered or enlarged in
accordance with the provisions of the R1 Zone.
4.5 CONFLICTING REGULATIONS
Where a combination of permitted uses results in conflicting regulations,
the most restrictive regulations shall apply.
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4.6 GREATER RESTRICTIONS
This By-Law shall not be effective to reduce or mitigate any restrictions
lawfully imposed by a govenlIDent authority having jurisdiction to make
such restrictions.
4.7 DWELLING UNITS BELOW GRADE
4.8
4.9
No dwelling unit shall in its entirety be located in a cellar. If any
portion of a dwelling unit is located in a cellar such portion of the
dwelling unit shall be used as a furnace room, laundry room, storage
room, recreation room or for a similar use only and shall not be used for
sleeping accommodation. However, a dwelling unit, in it's entirety, may
be located in a basement provided the finished floor level of such
basement is not below the level of the sanitary or storm sewer servicing
the building or structure in which such basement is located and provided
further, that the floor level of such basement is not more than 120
centimetres below the adjacent finished grade and the minimum height from
finished floor to finished ceiling is equal to or greater than 213
cent imetres.
NOTE: Section 2 of this By-Law provides separate definitions for cellar
and basement.
FRONTAGE ON STREET
No person shall erect any building or structure in any zone unless the
lot upon which such building or structure is to be erected fronts upon
an improved street; or, in the case of a lot on a Registered Plan of
Subdivision, unless a 'Subdividers Agreement' is in effect.
This provision shall not apply to lands fronting on the following
streets:
Park Lane
Gordon Street
Harbour Street
Saugeen Street (between Durham and King Streets)
IDlE OCCUPATION
A home occupation is a permitted use in a single detached dwelling
subject to the following regulations:
4.9.1 Such home occupation is clearly secondary to the main
residential use and does not change the residential character of
the dwelling house nor create or become a nuisance in particular
with regard to noise, odour, traffic, or parking thereby
interfering with the use and enjoyment of the surrounding
properties;
4.9.2 There shall be no visible indication that a home occupation is
being carr~ed out within the dwelling house except that one sign
the size of which shall be as set out in the 'Sign By-Law' of the
Town of Kincardine, to be attached flat to the face of the dwelling
house anà only showing the name and occupation of the resident
concerned shall be permitted;
4.9.3 There shall be no external storage of goods, materials or equipment
nor shall there be any goods services or merchandise offered or
exposed externally for sale or rent on the premises; and,
4.9.4 Not more than 25 percent of the gross floor area up to a maximum
of 28 square metres, shall be used for the home occupation.
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4.10
18
LOADING SPACE
4.10.1 Loading Space Requirements
The owner or occupant of any lot, building or structure in a Commercial
or Industrial Zone, erected or used for any purpose involving the
receiving, shipping, loading or unloading of persons, animals, goods,
wares and merchandise, and raw materials, shall provide and maintain at
the premises, on the lot occupied by the building or structure and not
forming part of a street or lane, within the zone in which such use is
located, loading or unloading facilities comprising one or more loading
or unloading space a minimum of 9.0 metres long, 3.5 metres wide and
having a vertical clearance of, at least, 4.0 metres and in accordance
with the following schedule.
Total Floor Area of
Bui lding or Structure
Number of Loading
Spaces Required
i)
less than 4,000 square metres
One
ii)
4000.0 square metres to
10000.0 square metres
Two
iii)
exceeding 10000.0 square metres
Two plus one
additional space for
each additional
10000.0 square metres
4.10.2
Access
Access to loading or unloading spaces shall be by means of a driveway at
least 6.0 metres wide contained within the lot on which the spaces are
located and leading to a street or lane located within or adjoining the
Commercial or Industrial Zone.
4.10.3
Loading Space Surface
The driveways, loading and unloading spaces shall be maintained
with a stable surface which is treated so as to prevent the raising
of dust or loose particles. They shall, before being used, be
constructed of one of the following; crushed stone, slag, gravel,
crushed brick (or tile), cinders, asphalt, concrete, or Portland
Cement binder for a combined depth of at least 15 centimetres and
withprovisions for drainage facilities.
4.10.4
Location
The loading space or spaces required shall be located in the
interior side or rear yard unless set back from the street line a
minimum distance of 30.5 metres.
4.10.5
Exception
The provisions of paragraph 1 of this subsection shall not apply
to require the establishment of loading or unloading spaces within
a C1 Zone.
4. 11 LOTS UNDERSIZFJ)
Where a lot having a lesser lot area, or lot depth, or lot frontage
than required herein is held under distinct and separate ownership
from abutting lots as shown by a registered conveyance in the
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4.12
19
records of the Registry or Land Titles Office, at the date of the
passing of this by-law, or where such lot is created as a result
of an expropriation, such smaller lot may be used and a building
or structure erected, al tered or used on such smaller lot, provided
that all other requirements of this By-Law are complied with, and
the use is a permi tted use in the zone applying to the lot.
OFF-STREET PARKING RfX2UIREMENTS
The owner of every building or structure erected or used for any
of the purposes hereinafter set forth shall provide and maintain
for the sole use of the owner, occupant or other persons entering
upon or making use of the said premises from time to time, parking
spaces and areas as follows:
4. 12.1 Required Nuaber of Off Street Parking Spaces
Permitted Use
Minimum er of Spaces
(a) Single-Detached Dwelling
1 space for
dwell ing uni t .
each
(b) Dwelling for exclusive
use by the elderly
1 space for each
applicable plus one
space of every 4
dwell ing units, or 4
beds or fraction
thereof, to be set
aside for and visually
identified as
visitor's parking.
(c) Hospital, Nursing Home
1 space for 3 beds, or
fraction thereof, of
which a minimum of ten
percent (10%) of the
parking spaces, each
with a minimum area of
21.6 square metres aJ1d
minimum dimensions of
3.6 metres by 6.0
metres shall be set
aside for and visually
indentified for us by
passenger vehicles as
used in the
transportation of
wheelchair usersand
the ambulant disabled.
(d) Multiple Family Dwelling
or dwelling unit not
otherwise specified
herein
1 space per dwelling
unit plus 1 space for
dwelling units or
fraction thereof
and set aside and
visually identified as
visitor's parking.
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(e) Motel, Boarding House,
Lodging House, or
Bed and Breakfast,
Tourist Home
1 space per house-
keeping unit, sleeping
unit, sleeping unit or
room, plus one space
for each 20 square
metres of floor area
or fraction used for
restaurants, for the
dispensing of food or
drink, or for the
assembly of people.
(f) Church
1 space for each 10
fixed seats or
fraction thereof, or
if no fixed seats, 1
space for each 10
square metres of floor
area, or fraction
thereof, used for
seating.
·
(g) Community Institution,
auditorium, convention
centre, meeting hall,
Community Centre, sports
stadium, or any institutional
or non-profit place of assembly
not otherwise specified herein
1 space for each 5
fixed seats, or
fraction thereof, or
where no fixed seats,
1 space for each 5
metres of floor area,
or use or faction
thereof.
(h) Elementary School,
Day Nursery
1.5 spaces for each
classroom, plus
one additional space
for each office.
·
(i) Secondary School,
Commercial College,
or School
3 spaces for each
classroom plus 3
additional spaces for
each office or,
if the school contains
a place of assembly,
according to the
requirement for such
place of assembly,
whichever is greater.
(j) Funeral Home
1 space for each 5
fixed seats, or where
no fixed seats, 1
space for each 5
square metres of floor
area in reposing rooms
or fraction thereof,
plus 1 space per
funeral home vehicle.
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(k) Government Adminis-
tration Office, Bank,
Financial Institution,
and other including
health care professionals
1 space for each 20
square metres of gross
floor area, or office
fraction thereof.
thereof.
(I) Establishment for the
sale and immediate
consumption of food or drink
on the premises, including
drink on the premises,
including Restaurants,
Public Houses and similar
uses.
1 space for each 5
square metres of
gross floor area, or
thereof, devoted to
public use.
·
(m) Drive-in or Take-out
Restaurants where food
Restaurants where food
over the counter for consumption
on or off the premises
1 space for each 3
square metres of
of service area, or
fraction thereof.
(n) Retail Store, Personal
Service Shop, General
Store, Local Convenience
Store, Grocery Store
1 space for each 2
square metre of
sales or service area,
or fraction
thereof.
(0) Laundromat, automatic
1 space for each four
dry machines, or I
space each 20 square
metre of gross floor
area, or fract ion
thereof, whichever is
greater.
(p) Automobile Car Wash
3 spaces per car wash
bay.
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(q) Automotive, Recreational
Vehicle of Marine
Vehicle of Marine
Equipment Sales Establishment
1 space for each 20
square metres of
gross floor area or
fraction thereof.
(r) Automobile, Recreational
Marine Service, Autobody Repair
Shop
3 spaces per service
vehicle or bay,
or 3 spaces minimum
whichever is
greater.
(s) Place of recreation or
entertainment not otherwise
specified
1 space for each 40
square metres of
gross floor area or
faction thereof.
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(t) Industrial Use, Service
and/or Repair Shop
1 space for 100 square
metres of gross floor
area or fraction
thereof, devoted to
office use.
(u) Wholesale Store, Whare-
housing, Bulk Sales Establishment,
Storage
1 space for each 100
square metres
of gross floor area or
fraction thereof for
the wholesaling,
warehousing or storage
uses plus 1 space for
each 40 quare metres
or fraction thereof
devoted to office use.
(v) Comercial use not
otherwise specified
herein
1 space for each 20
square metres of
gross floor area or
fraction thereof.
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4.12.2 Parking Area Surface
Each parking area and driveway connecting the parking area with a
street shall be maintained with a stable surface which is treated
so as to prevent the raising of dust or loose particles. They
shall, before being used, be constructed of one of the following:
crushed stone, slag,
gravel. crushed brick, (or tile), cinders ,asphalt , concrete, or
Portland cement binder, for a combined depth of at least 15
centimetres and with provisions for drainage facilities. Provided
that in the case of a dwelling house containing four or more
dwelling units such parking area and driveway shall be paved with
an asphalt or concrete surface.
4.12.3 Ingress and Egress
·
i) Ingress and egress, to and from the required parking ~and
areas shall be provided by means of unobstructed driveways or
passageways at least 3.0 metres but not more than 9.0 metres in
perpendicular width.
ii) The maximum width of any joint ingress and egress driveway
ramp measured along the street line sl~ll be 9.0 metres.
iii) The minimum distance between a driveway and an inter- section
of street lines measured alor~ the street line intersected by such
driveway shall be 7.5 metres.
iv) The minimum angle of intersection between a driveway and a
street line shall be 45 degrees.
4.12.4 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 bui lding occupied by the
separate types of use.
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4.12.5 Use of Parking Spaces and Areas
Any area where off-street parking is permitted under this By-Law
shall be used for the parking of operative 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 tonne.
Notwithstanding the foregoing the owner or occupant of any lot,
building or structure in allY Residential Zone may use any private
garage erected upon such lot, for the housing or storage of one
commercial motor vehicle not exceeding one tonne capacity.
4.12.6 Parking 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 Area Permitted Parking
Yard In Which Required Parking
Open Space, Commercial
Hazard Land, Development
Institutional
All yards provided that no part
of any parking area, and other
an a driveway, is located closer
than 1.0 metres to any street
line.
Residential - except any
Apartment Dwelling House
All yards provided that not any
part of any parking area, other
than a driveway, is located
closer than 1.0 metre to any
street line, and provided that a
parking area, other than a
driveway, for Residential Use
containing three or more dwelling
units is located in no other yard
than the rear yard.
Residential - Apartment
Dwelling House
All yards provided that no part
of any parking area, other than a
driveway, is located closer than
7.5 metres to any side lot line.
·
Industrial
Interior SIde and rear yards
only except for visitor
parking provided that no part
of any parking area, other
than a driveway is located
closer than 1.0 metres to any
street line.
4 . 13 PLANTING STRIPS
4.13.1 Use
A planting strip shall be used for no other purpose than planting
of a combination of shrubs and trees, or shrubs to form a
continuous unpierced hedgerow, not less than 1.5 metres high,
immediately adjacent to the lot line or portion thereof along which
such planting strip is required.
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4.13.2 Width
Where a planting strip is required in any zone, it shall be a
minimum width of 3.0 metres unless otherwise provided herein.
4.13.3 Location
Where a lot is used for a Commercial or Industrial purpose or where
planting strips are specifically required in accordance with this
section, and the interior side and/or rear lot line, or portion
thereof, abuts a Residential or Development Zone, then a plantir~
strip adjoining such abutting Residential or Development Zone shall
be provided on the lot, in accordance with the provisions of this
subsection. When required adjacent to a street a planting area
shall be located so as to not form an obstruction to traffic by
conflicting with the sight visibility triangles as required by this
By-law.
4.13.4 Driveways
In all cases where access and exi t 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 telepllone 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 Goverr~ent 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 that where such lot, building or
structure is located in any zone:
1. No goods, material or equipment shall be stored 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 or unùer the
Authority of this paragraph in any Residential Zone shall be enclosed in
a building designed and maintained in general 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 "C1" General Commercial Zone.
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4.16
25
SPECIAL USES PERMITTFJ)
The following uses are permitted in all zones within the Corporation.
1. A tool shed, scaffold or other building or structure incidental to
construction on the lot where it is situated and only for so long as it
is necessary for the work in progress and until the work is completed or
abandoned.
2. "Abandoned" in this subsection shall mean the failure to pro c e e d
expeditiously with the construction of a work.
4. 17 THROUGH WTS
4.18
4.19
Where a lot, which is not a corner lot, has frontage on and access from
more than one street or lane, such lot shall provide 'yards' on each
street or lane with minimum distances equal to the front yard required
by the zone or zones in which each yard is located.
YARD ENCROACHMENTS
Si lIs, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other architectural features may project into any required
yard a maximum distance of 0.5 metres.
Drop awnings, flag poles, garden trell ises, fences, retaining walls,
signs or similar structures shall be permitted in any required yard.
Clothes poles and satell i te dishes shall only be permitted in the
interior side and rear 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 "R1", "R2", or "R3" Residential Zone, such lot
being located between two existing buildings both of which encroach on
the required front yard,a single detached dwelling may be erected on the
subject lot, the front wall of which is in line with the front wall of
the existing building located farthest from the street line.
STRUCTURE HEIGHT MAXIMUM
In addition to the maximum building height requirements contained within
the zones in this By-Law, such structures as antennas and radio towers
shall not exceed a maximum height of 45 metres.
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SECTION 5 - RESIDENTIAL ZONES - R1, R2, R3, R4 AND Rs
In any Residential R1, R2, R3, R4 and R5 Zones, no person shall use any
building, structure or land nor erect any building or structure except
in accordance with the following provisions:
5.1 RESIDENTIAL ONE ZONE "R1"
5.1.1 Permitted Uses
A single detached dwelling
A home occupation
A park and open space
A Church
A Group Home
An accessory use
5.1.2 Zone Regulations
1. Lot Area (minimum)
464.0 square metres
15.0 metres
25.0 metres
2. Lot Width (minimum)
3. Lot Depth (minimum)
4. Front Yard (minimum)
6.0 metres
5. Exterior Side Yard (minimum)
6.0 metres
6. Interior Side Yard (min.)
240.0 centimetres on one side
and 120.0 cent imetres on the
oppos i te s ide of the same 1 at
metres on the narrow side for
each additional or partial
storey above the firs t 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 centimetres for each
additional or partial storey
above the first storey on that
side.
7. Rear Yard (minimum)
7.5 metres
8. Bui lding Height (maximum)
10.5 metres
9. Coverage (maximum)
40.0 per cent
10. Dwelling Unit Floor Area
(minimum)
79.0 square metres
5.1.3 Zone Regulations for "R1" Uses on Private Services
Notwi thstanding the above lot area and lot width provisions,
existing development and new development by infilling on private
services in the R1 Zone shall conform to the following:
27
· Lot Area (Minimum)
i) Public water only 690.0 square metres
ii) No public water or 1390.0 square metres
sanitary sewers
Lot Width (Minimum)
i)
ii)
5.1.4
5.1.4.1
·
5.1.4.2
5.1.4.3
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5.1.4.4
5.1.4.5
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Public water only
20.0 metres
No public water or
sanitary services
30.0 metres
Special Provisions
Notwithstanding their "Rl" Zoning designation, those lands
described as Lot 28, and Part of Lot 29, situated on the
east side of Queen Street, south of Albert Street, and
identified by the Zone Symbol "Rl-1" may be used for an
existing automobile service station. No other type of
Highway Commercial Use shall be permitted on this property.
Notwithstanding their "Rl" zoning designation, those lands
described as Part of Lot 28, west side of Queen Street, and
identified by the Zone Symbol "RI-2" may be used for a
licensed day care nursery.
Notwithstanding their "R1' Zoning designation, those lands
described as Part of Lot 23, North side of Albert Street
and East side of Queen Street, Registered Plan No. 61, Town
of Kincardine, and identified by the Zone symbol "Rl-3" on
the Schedule "A" of this By-Law shall only be used for
those uses normally permitted in the "Rl" Zone in
compliance with the 'R1' Zone provisions contained in this
By-Law or, alternatively, a carpet and vinyl flooring
retail outlet and one accessory dwelling unit and one non-
accessory dwelling unit in the building existing on the
16th day of October 1986, (date of passage of By-Law No.
4768) excepting however, that:
i) the minimum lot width shall be 11.5 metres.
Notwithstanding their 'R1' zonÌ1~ designation, those lands
described as Part of Park Lot 8, West Side of Park Street,
Registered Plan No. 61, Lot 23, Plan M-35 and Part of the
Park Street Road Allowance, Town of Kincardine, and
identified by the Zone symbol 'Rl-4' on the Schedule "A" of
this By-Law may be used for the purposes of one single
detached dwelling and uses accessory thereto, in compliance
with the 'R1' Zone requirements, excepting, however, that:
for the purposes of this subsection, 'LOT' shall mean the
whole of the lands as identified by the zone symbol 'Rl-4'.
Notwithstanding their 'R1' zoning designation, those lands
delineated as 'Rl-5' on Schedule "A" to this By-law may be
used for those uses normally permitted in the 'Rl' Zone in
compliance with the 'R1' zone requirements excepting,
however, that:
i) the provisions of Section 4.8 shall not apply,
·
5.1.4.6
·
28
ii) notwithstanding any other provisions of this By-Law to
the contrary, existing buildings and structures may be
altered and/or reconstructed provided that such alteration
and/or reconstruction does not increase the height, size,
or volume of such building or structure;
iii) for the purposes of this Subsection, a 'street' may
include a lane or private right-of-way; and
iv) for the purposes of this Subsection, where a lot is
located between two existing buildings, both of which
encroach on the required front yard, a single detached
dwelling may be erected on the subject lot, the front wall
of which is in line wi th the front wall of the exi sting
building located farthest from the ·travelled lane'.
Notwithstanding their 'RI-5' Zoning designation, those
lands described as Lots 19, 20 and 21 and part of Lot 18,
Plan 347 and Part 1 of Reference Plan 3R-3641, Town of
Kincardine and identified by the zone symbol 'RI-5-1' on
Schedule "A" to this By-Law shall only be used in
compliance with the 'Rl-5' Zone requirements, excepting,
however, that:
i) the minimum yard requirements of Sections 4.2 and 5.1.2 of
this By-Law applying to attached and detached accessory
buildings and single detached dwellings shall not apply;
ii) the yard encroachment allowances of Section 4.18 of this
By-Law shall not apply;
iii) notwithstanding anythil~ contained in this By-Law to the
contrary, only one (1) detached accessory building shall be
permi tted, and the location of such bui lding shall be
limited to the area identified as "Building Area 1" on
Schedule "A-I" of this By-Law.
iv)
·
5.1.4.7
i)
ii)
5.1.4.8
·
notwithstanding anything contained in this By-Law to the
contrary, only one (1) single detached dwelling shall be
permitted, and the location of such single detached
dwelling shall be limited to the area identified as
"Building Area 2" on Schedule "A-I" of this By-Law.
Notwithstanding their 'R!' Zoning designation, those lands
described as Lot 31 and 32, West Side of McDonald Avenue,
Plan 335, in the Town of Kincardine and identified by the
Zone Symbol 'Rl-6' on Schedule "A" of this By-Law, shall
only be used in compliance with the 'R1' zone provisions,
excepting however that:
the minimum lot area shall be 343 square metres;
the minimum front yard shall be 1.5 metres.
Notwithstanding their 'Rl' Zoning designation, those lands
described as Part Lot 35, west side of Penetangore Row,
Plan 61, in the Town of Kincardine, and identified by the
Zone Symbol 'Rl-7' on Schedule "A" of this By-law shall
only be used in compliance with the 'Rl' zone provisions,
excepting however that, an attached garage may be erected
on Part Lot 35, west side of Penetagore Row, Plan 61, with
a rear yard of one (1) metre.
·
·
·
·
29
5.1.4.9
Notwithstanding their 'R1' zoning designation, those land
described as Part of Lot 1, west side of Huron Terrace,
Plan 4, and Part of Block E, south side of Broadway, Plan
4, in the Town of Kincardine and identified by the Zone
Symbol 'RI-8' on Schedule 'A' of this By-law shall only be
used in compliance with the 'Rl' zone provisions excepting
however that the most northerly lot line of Part of Block
E, shall be considered the rear lot line.
5.2 RESIDENTIAL TI\U ZONE "R2"
5.2.1 Permitted Uses
A single detached dwel1il~
A semi-detached dwelling
A link semi-detached dwelling
A duplex dwelling house
A home occupation located in a single detached dwelling
A park and open space
A Church
A Group Home
An accessory use
5.2.2 Zone Regulations for Single Detached Dwellings
Refer to Section 5.1,2
5.2.3 Zone Regulations for Semi-Detached Dwellings
When the two dwelling units in a semi-detached dwelling are both
located on the same lot, the following lot area and lot width
regulations shall apply:
1) Lot Area (Minimum)
i) Interior Lot
634.0 square metres
ii) Corner Lot
682.0 square metres
2) Lot Width (Minimum)
i) Interior Lot
20.0 metres
21.5 metres
25.0 metres
ii) Corner Lot
3)
4)
5)
6)
Lot Depth (Minimum)
Front Yard (Minimum)
6.0 metres
Exterior Side Yard (Minimum)
6.0 metres
Interior Side Yard (Minimum) 240.0 centimetres provided
where a garage or carport
is attached to the main
bui Iding, the minimum width
of the interior side yard
shall be 120.0 centimetres
plus 60.0 centimetres for
each additional or partial
storey above the first
storey on that side. A
semi -detached dwe II ing uni t
on a separate lot shall
require an interior or
exterior side yard on
only one side.
Lot Area (Minimum)
i) Interior Lot
ii) Corner Lot
Lot Width (Minimum)
i) Interior Lot
· ii) Corner Lot
·
30
7)
8)
9)
Rear Yard (Minimum) 7.5 metres
Building Height (Minimum) 10.5 metres
Coverage (Maximum) 45.0 percent
10) Dwelling Unit Floor Area 67.0 square metres
(Minimum)
11) When each of the two dwelling units in a semi-detached
dwelling is to be located on a separate lot, the following
lot area and lot width regulations shall apply for each
dwe II ing unit:
317.0 square metres
365.0 square metres
10.0 metres
11. 5 metres
All other regulations of Section 5.2.3 shall apply.
5.2.4 Zone Regulations for Link Semi-Detached Dwellings
When the two dwelling units in a link semi-detached dwelling are
to be located on the same lot, the following lot area and lot width
regulations shall apply:
2)
·
3)
4)
5)
·
1)
Lot Area (Minimum)
i) Interior Lot
ii) Corner Lot
Lot Width (Minimum)
i) Interior Lot
21.0 metres
22.5 metres
25.0 metres
6.0 metres
6.0 metres
650.0 square metres
695.0 square metres
ii) Corner Lot
Lot Depth (Minimum)
Front Yard (Minimum)
Exterior Side Yard (Minimum)
·
·
7)
8)
9)
10)
31
6)
Interior Side Yard (Minimum)
240.0 centimetres provided
that where a garage or
carport is attached to the
main building, the minimum
width of the interior side
yard shall be 120.0
centimetres plus 60.0
centimetres for each
additional or partial
storey above the first
storey on that side. A
semi -detached cìvell ill!: uni t
on a separate lot shall
require an interior or
exterior side yard on one
side only.
Rear Yard (Minimum)
7.5 metres
Building Height (Maximum)
10.5 metres
Coverage (Maximum)
45.0 percent
Dwelling Unit Floor Area
(Minimum)
67.0 square metres
11) When each of the two dwelling units in a link semi- detached
dwelling is to be located on a separate lot, the following
lot area and lot width regulations apply for each dwelling
unit:
Lot Area (Minimum)
i)
i i)
Interior Lot
Corner Lot
325.0 square metres
370.0 square metres
Lot Width (Minimum)
i) Interior Lot
ii) Corner Lot
10.5 metres
12.0 metres
·
5.2.5 Zone Regulations for Duplex Dwelling House
All other regulations of Section 5.2.4 shall apply.
1)
2)
3)
4)
5)
·
Lot Area (Minimum)
520.0 square metres
Lot Width (Minimum)
15.0 metres
Lot Depth (Minimum)
25.0 metres
Front Yard (Minimum)
6.0 metres
Exterior Side Yard (Minimum)
6.0 metres
6)
Interior Side Yard (Min.)
·
·
7)
6)
9)
Coverage (Maximum)
Rear Yard (Minimum)
Building Height (Maximum)
10) Dwelling Unit Floor Area
(Minimum)
5.2.6 Special Provisions
5.2.6.1
32
360.0 centimetres on one
side and 190.0 centimetres
opposite side of the same
lot ,plus 60.0 centimetres
on the narrow side for each
addi tional or part ial
storey above the first
storey on that side.
Provided that where two
garages or two carports are
attached to the main
bui IdÌ1~, or lot is a corner
lot, the minimum width of
the interior s ide yard shall
be 190.0 centimetres plus
60.0 centimetres for each
additional or partial storey
above the first storey on
that side.
7.5 metres
10.5 metres
40.0 per cent
65.0 square metres
Notwithstanding their 'R2' zoning designation, those lands
described as Part of Park Lots 7 and 8, Plan 4, South Side
of King Street, being Parts 1 to 5 of Reference Plan 3R-2388,
delineated as 'R2-1' on Schedule "A" to this by-law may be
used for the purposes of a group home for the mentally handi-
capped, operated by the Kincardine and District Association
for the Mentally Retarded, in compliance with the 'R2' zone
provisions contained in this by-law excepting, however:
a) For the purposes of this Subsection, a "GROUP HOME shall
me&1 a pair of semi-detached dwellings in which a total of
three (3) to eight (8) residents, excluding staff or host
family, live consistent with the requirements of its
residents. The Home shall be I icensed under Provincial
Statute and be in compliance withmunicipal by-laws.
·
b) The off-street parking requirements of Section 4.12 shall
apply excepting however that there will be a minimum of four
(4) parking spaces.
.
·
·
·
·
5.3
33
RESIDENTIAL THREE ZONE "RJ"
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 bearding or lodging house or bed & breakfast or tourist home
A home occupation located in a single detached dwelling
A park and open space
A Church
A Group Home
An accessory use
5.3.2 Zone Regulations for Single Detached Dwellings
Refer to Section 5.1.2
5.3.3 Zone Regulations for Semi-Detached Dwellings
Refer to Section 5.2.3
5.3.4 Zone Regulations for Link Semi-Detached Dwellings
Refer to Section 5.2.4
5.3.5 Zone Regulations for Duplex Dwelling House
Refer to Section 5.2.5
5.3.6 Zone Regulations for Triplex Dwelling House
1) Lot Area (Minimum) 690.0 square metres
2) Lot Width (Minimum) 18.0 metres
3) Lot Depth (Minimum) 25.0 metres
4) Front Yard (Minimum) 6.0 metres
5) Exterior Side Yard (Minimum) 6.0 metres
6)
Interior Side Yard (Minimum)
·
·
7)
8)
9)
10)
Rear Yard (Minimum)
Building Height (Maximum)
Coverage (Maximum)
Dwelling Unit Floor Area
(Minimum)
34
4.5 metres on one side
and 3.0 metres on the
opposi te side (of the
same lot), plus 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 bui lding,
or the lot is a corner
lot, the minimum width
of the interior side
yard shall be 3.0 metres
plus 60.0 centimetres
for each additional or
partial storey above the
first storey on that
side.
7.5 metres
10.5 metres
40.0 per cent
65.0 square metres
5.3.7 Zone Regulations for Quadruplex Dwelling House
1) Lot Area (Minimum) 890.0 square metres
2) Lot Width (Minimum) 24.0 metres
3) Lot Depth (Minimum) 25.0 metres
4) Front Yard (Minimum) 6.0 metres
5) Exterior Side Yard (Minimum) 6.0 metres
·
6) Interior Side Yard (Minimum)
centimetres for each additional or partial
storey on that side.
3.0 metres plus 60.0
storey above the second
7) Rear Yard (Minimum) 10.5 metres
8) Building Height (Maximum) 10.5 metres
9) Coverage (Maximum) 40.0 per cent
10) Dwelling Unit Floor Area 65.0 square metres
(Minimum)
5.3.8 Zone Regulations for Row Dwelling House
1)
Lot Area (Minimum)
185.0 square metres for
each interior row dwelling uni t,
and 213.0 square metres for each
end row dwelling unit.
·
·
2)
3)
4)
5)
6)
·
7)
8)
9)
10)
Lot Width (Minimum per unit)
Lot Depth (Minimum)
Front Yard (Minimum)
Exterior Side Yard (Minimum)
Interior Side Yard (Minimum)
Rear Yard (Minimum)
Building Height (Maximum)
Coverage (Maximum)
Dwelling Unit Floor Area
(Minimum)
35
5.5 metres
25.0 metres
6.0 metres
6.0 metres
3.5 metres plus 60.0
centimetres for each
additional or partial
storey above the first
storey for end dwelling
units.
7.5 metres
10.5 metres
60.0 per cent
65.0 square metres
5.3.9 Zone Regulations for a Converted Dwelling House
1)
2)
3)
4)
5)
·
6)
7)
8)
9)
·
Lot Area (Minimum)
Lot Width (Minimum)
Front Yard (Minimum)
Exterior Side Yard (Minimum)
Interior Side Yard (Minimum)
Rear Yard (Minimum)
Building Height (Maximum)
Coverage (Maximum)
Dwelling Unit Floor Area
(Minimum)
464.0 square metres
15.0 metres
6.0 metres
6.0 metres
3.0 metres on one side and
120.0 centimetres on the
oppos i te side (of the same
lot), plus 60.0 centimetres
on the narrow side 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
centimetres plus 60.0
centimetres for each
additional or partial
storey above the first
storey on that side.
7.5 metres
10.5 metres
45.0 per cent
46.0 square metres
36
·
5.3.10 Zone Regulations for a Boarding or Lodging House or Bed &
Breakfast or Tourist Home
·
6)
7)
8)
9)
1)
2)
3)
4)
5)
Lot Area (Minimum)
Lot Width (Minimum)
Front Yard (Minimum)
Exterior Side Yard (Minimum)
Interior Side Yard (Minimum)
Rear Yard (Minimum)
Building Height (Maximum)
Coverage (Maximum)
Guest Room Floor Area
(Minimum)
5.3.11.1
5. 3 . 11 SPECIAL PROVISIONS
·
464.0 square metres
12.0 metres
6.0 metres
6.0 metres
3.0 metres on one side and
120.0 centimetres on the
opposi te side (of the same
lot), plus 60.0 centimetres
on the narrow side for each
additional or partial storey
above the first storey on
that side. Provided that
where a garage or carport
is attached to the main
building, or the lot is a
corner lot, the minimum
width of the interior side
yard shall be 120.0
centimetres plus 60.0
centimetres for each
additional or partial storey
above the first storey on
that side.
7.5 metres
10.5 metres
45.0 per cent
18.5 square metres
Notwithstanding their 'R3' Zoning designation those lands
delineated as "R3-j" on the Schedule 'A' to this By-Law may
be used for the purposes of a day care nursery (licensed) in
addition to those uses normally permitted in the 'R3' Zone,
in compliance with the 'R3' Zone requirements.
5.3.11.2 Notwithstanding their 'R3' Zoning designation, those lands
described as Parts 2 and 3 of Reference Plan 3R-3062, in the
Town of Kincardine, and identified by the Zone Symbol 'R3-2'
on the Schedule 'A' to this By-Law may be used for a clinic
and the offices of a medical practitioner, a dentist,
chiropractor, lawYer, engineer, surveyor, accountant or other
recognized profession shall be permitted. For the purpose
of this section a clinic shall include a dispensary where
medical prescriptions, medical supplies and related items are
sold. The maximum floor area for the dispensary shall be 70
square metres.
·
·
5.3.11.3
·
·
·
37
Notwithstanding their 'R3' Zoning designation, those lands
described as Part of Lot 4 and Part of Lot 5, North Side
of Durham Street, Registered Plan No. 61, being more
particularly described as Part 3 of RP 3R-l018, in the Town
of Kincardine, and identified by the Zone symbol 'R3-3' on
the Schedule "A" of this By-law shall only be used for the
purposes of an elderly persons residence and uses accessory
thereto in compliance with the following provisions:
i) residential accomodation shall be confined to a maximum
of 45 lodgers;
ii) the minimum gross floor area per lodger shall be 45.0
square metres. For the purposes of this paragraph "gross
floor area" shall mean the total of the horizontal areas of
each floor, excluding a basement or cellar, measured between
the exterior faces of the exterior walls of the building or
structure at the level of each floor;
iii) the minimum lot area and the minimum lot width shall be
2500.0 square metres and 40.0 metres, respectively;
iv) the minimum front yard shall be 15.0 metres;
v) the minimum interior side yard and the minimum exterior
side yard shall be 4.0 metres and 5.5 metres, respectively;
vi) the minimum rear yard shall be 7.0 metres
vii) the building height of the building existing as of the
4th day of December 1986, (date of passage of By-law No.
4776) shall not be increased; the maximum building height of
addi tions/ enlargements to this building shall be 12.0
metres;
viii) the maximum coverage shall be 30%;
-.
·
·
·
5.3.11.4
38
Notwithstanding their 'R3' Zoning designation, those
lands described as Part of Lots 17 and 18, North Side of
Lambton Street, Plan 61, in the Town of Kincardine, and
identified by the zone symbol 'R3-4' on Schedule "A" to this
By-law may be used for the purposes of an ambulance station
in addi t i on to these uses normally permi tted in the 'R3'
zone, and in compliance with the 'R3' zone provisions
contained in this By-law.
5. 4 RESIDENTIAL FOUR ZONE "R4"
5.4.1
5.4.2
Permitted Uses
An apartment dwelling house
A Group Home
An accessory use
Zone Regulations 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 dwelling
unit and one bedroom unit
93.0 square metres
ii) for each dwelling
unit having two bedrooms
140.0 square metres
plus 46.0 square
metres per each
addi tional bedroom in
excess of two
bedrooms.
2) Lot Width (Minimum)
30.5 metres
3) Front Yard (Minimum)
4) Exterior Side Yard (Minimum)
5) Interior Side Yard (Minimum)
6.0 metres
6.0 metres
6.0 metres
Provided that an
interior side yard
adjoining an end wall
containi!ß no habitable
room windows may be
reduced to 2.0 metres.
6) Rear Yard (Minimum)
7.5 metres
7) Building Height (Maximum)
12.0 metres
8) Dwelling Unit Floor Area
(Minimum)
i) Bachelor Dwelling Unit
37.0 square metres
ii) One Bedroom Unit
55.0 square metres
iii) For each additional 9.0 square metre bedroom.
39
·
·
·
·
40
5.4.3.1
5.4.3 Special Provisions
·
a)
b)
c)
d)
· e)
f)
5.4.3.2
Notwi thstanding their "R4" Zoning designation, those lands
described as Lots 4, 5 and 6, South Side of Harbour Street,
Registered Plan No. 77, and Part of Saugeen Street Road
Allowance south of Harbour Street, Town of Kincardine and
identified by the zone symbol "R4-1" on the Schedule "A" of
this By-law, shall only be used for the uses normally
permi tted in the "R4' Zone in compliance wi th the "R4" zone
provisions contained in this By-Law excepting, however, that:
the minimum lot area shall be 3094 square metres;
for the purposes of this Section, "front lot line" shall mean
the lot line dividing the lot from Harbour Street;
the minimum front yard above grade shall be 4.5 metres,below
grade 1.5 metres;
the minimum exterior side yard requirement of Section 5.4.2
shall not apply;
the minimum rear yard shall be 3.0 metres;
the minimum side yard shall be 5.6 metres.
Notwithstanding their 'R4' Zoning designation, those lands
described as Part of Lots 16, 17 and 18, north side of Durham
Street, Plan 61, in the Town of Kincardine and identified by
the zone symbol 'R4-2' on Schedule "A" of this By-Law shall
only be used in compliance with the 'R4' Zone provisions
excepting however that:
i) for the purposes of this subsection, the front yard shall be
deemed to be the lot line which abuts Princes Street.
5.5 RESIDENTIAL FIVE ZONE "RS"
5.5.1
·
5.5.2
·
Permitted Uses
A nursing home and uses accessory thereto.
Zone Reglllations for a Nursing Home
1) Lot Area (Minimum) 10,000.0 metres square
2) Lot Width (Minimum) 30.0 metres
3) Front Yard (Minimum) 6.0 metres
4) Exteri or Side Yard 6.0 metres
(Minimum)
5) Interior Side Yard 6.0 metres
(Minimum)
6) Rear Yard (Minimum) 6.0 metres
7) Number of Storeys One (1)
(Maximum)
·
5.5.3
5.5.3.1
·
·
·
41
8) Coverage (Maximum)
40.0 %
9) The Loading Space Requirements of Section 4.10 shall
shall apply to the uses permitted within the 'R5' Zone;
10) The Off-Street Parking requirements of Section 4.12 shall
apply.
11) Planting strips shall be provided in accordance with
Section 4.13.
Special Provisions
Notwithstanding their 'R5' Zoning designation, those lands
described as Blocks B, C and G, Part of Blocks F and H, Plan
M-1, (Parts 1 and 4, Plan 3R-3793), in the Town of
Kincardine, and identified by the zone symbol 'R5-1' on
Schedule "A" to this By-Law, may be used for a multi-level
retirement facility and uses accessory thereto, in compliance
with the 'R5' zone provisions contained in this By-Law,
excepting however that:
i)
for the purpose of this Subsection a "multi-level
retirement facility" shall mean any building or
structure other than a private or a public hospital
where elderly persons may reside in apartment-type,
lodge-type or nursing home accommodations; and, where
common facilities for the preparation and consumption
of food are provided, and common lounges, recreation
facilities and other basic house-keeping services as
well as medical care may also be provided; and, which
is licensed by the Province;
i i) the minimum lot area shall be 2.5 hectares;
iii) the maximum number of storeys shall not exceed
three (3);
iv) Section 4.13 shall not apply;
v)
The off-street parking requirements of Section
4.12 shall apply, excepting however that:
a) off-street parking may be permi tted in all
yards, provided that no part of any parking area
is located closer than 1.0 metre to aJ~ street
line.
b) there shall be one (1) space for each apartment
dwelling unit plus one (1) space for every four (4)
apartment dwelling units or fraction thereof, to be
set aside for and visually identified as visitors
parking; and, there shall be one (1) space for each
two (2) beds in a lodge or nursing home, or fraction
thereof, of which a minimum of two (2) parking
spaces, each with minimum area of 21.6 square metres
and minimum dimensions of 3.6 metres by 6.0 metres
shall be provided for the parking of passenger
vehicles used in the transportation of wheelchair
users aJ~ the ambulant disabled; and, there shall be
one (1) space for each 20 square metres of floor area
or fraction thereof, for uses not otherwise specified
herein.
42
· SECTION 6 - COMMERCIAL ZONES - C1, C2, C3, C4 AND CS
In any Commercial Cl, C2 , C3, C4 and C5 Zones, no persons shall use any
building, structure or land nor erect any building or structure except in
accordance wi th the following provisions:
6. 1 GENERAL <noŒRCIAL "C1"
6.1.1 Permitted Uses
·
An artist or photography studio
An assembly hall
An automotive sales establishment
An automotive service establishment
A bakeshop
A banquet hall
A builder's supply
A business or professional office
Aclinic
A commercial college or school
A convenience store
A day nursery
A dressmaking or tailor shop
A driving academy
A dry cleaning establishment
A feed or grain mill
A financial office or institution
A hotel or motel
An institution
A kennel
A laundromat
A marine equipment sales establishment
A marine service establishment
A parking lot
A place of entertainment
A post office
A printing plant
A restaurant
A retail store
A service shop
A shopping centre
A transportation depot
A veterinary clinic
An accessory use
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 sales and service station or a marine sales and service
establishment.
·
6.1.2 Zone Regulations for General Commercial Uses
1) Lot Area (Minimum) 85.0 square metres
2) Lot Width (Minimum) 5.0 metres
3) Front Yard (Minimum) Not Required
4) Exterior Side Yard (Minimum) Not Required
·
·
·
43
5)
Interior Side Yard (Minimum)
i) Not required when abutting an adjoining lot Zoned "Cl" along
the interior side yard lot line.
ii) A 3.0 metre plantiJ~ strip is required along the interior
side yard lot line when the said interior side yard abuts a
Residential Zone.
6) Rear Yard (Minimum)
i) Not required when the rear yard abuts a public lane or
a public parking lot.
ii) 6.0 metres when the rear yard does not abut a public
lane or a public parking lot.
7)
8)
Building Height (Maximum)
12.0 metres
Planting Strips
(refer to Section 4.13)
6.1.3 Zone Regulations for Automotive or Marine Equipment Sales and
Service Establishments
·
1)
2)
3)
4)
5)
6)
7)
8)
Lot Area (Minimum)
1,390.0 square metres
Lot Width (Minimum)
38.0 metres
Front Yard (Minimum)
15.0 metres
Exterior Side Yard (Minimum)
15.0 metres
Interior Side Yard (Minimum)
6.0 metres
Rear Yard (Minimum)
7.5 metres
Building Height (Maximum)
12.0 metres
A pump island may be located wi 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) where 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) Planting Strips
Refer to Section 4.13
10) Ingress and Egress
Refer to Section 4.12.3
6.1.4 Special Provisions
6.1.4.1
·
Notwi thstanding their C1 Zoning designation, those lands
described as Lots 7 and 8 on Lot 8, North Side of Durham
Street, Plan 61, in the Town of Kincardine, and identified
·
6.2
·
·
·
44
by the zone symbol 'Cl-1' on Schedule "A" to this By-Law may
be used for the purposes of light metal fabricating in
compliance with the Cl Zoning provisions contained in this
By-Law mld the following additional regulation:
a) the maximum floor area devoted to light metal fabricating
shall not exceed 40% of the total ground floor area and shall
not comprise more than 275 square metres.
6.1.5.2
Notwithstanding their 'Cl' zoning designation, those lands
described as Part Lot 10, South Side of Durham Street, Town
Plot of Penetangore, and identified by the zone symbol 'Cl-2'
on Schedule "A" of this By-Law, shall only be used for the
uses normally permitted in the 'Cl' Zone, in compliance with
the "Cl" Zone provisions contained in this By-Law, excepting,
however that, the minimum rear yard requirement of Section
6.13 shall not apply to the main building in which an
'automotive service station' or a 'public garage is
conducted.
SHOPPING CENTRE "C2"
6.2.1 Permitted Uses
AIl artist or photographic studio
An assembly hall
An automobile car wash
An automotive sales establishment
An automotive service establishment
A bakeshop
A bm¡quet hall
A builder's supply
A business or professional office
A clinic
A convenience store
A commercial college or school
A day nursery
A dressmaking or tailor shop
A driving academy
A dry-cleaning establishment
A financial office or institution
A hotel or motel
An institution
A laundromat
A marine equipment sales establishment
A marine service establishment
A parking lot
A place of entertainment
A post office
A printing plant
A restaurant
A retail store
A service shop
A shopping centre
A transportation depot
An accessory use
A wholesale use accessory to any of the foregoing uses
45
·
6.2.2 Zone Regulations for Shopping Centre Uses
1) Lot Area (Minimum) 1,390.0 square metres
2) Lot Width (Minimum) 45.0 metres
3) Front Yard (Minimum) 6.0 metres
4) Exterior Side Yard (Minimum) 6.0 metres
5) Interi or Side Yard (Minimum) 4.5 metres
6) Rear Yard (Minimum) 6.0 metres
7) Building Height (Maximum) 12.0 metres
8) Planting Strips Refer to Section 4.13
·
6.2.3 Zone Regulations for Automotive or Marine Equipment Sales and
Service Establishments
(Refer to Section 6.1.3)
6.2.4 Zone Regulations For Hotels and Motels
(Refer to Section 6.3.4)
6.2.5 Special Provisions
6.2.5.1
Notwithstanding their 'C2' zoning designation, those lands
described as the eastern parts of Blocks 'F' and 'H', Plan
M-1, and identified by the zone symbol 'C2-1' on Schedule "A"
to this By-Law, shall only be used in compliance with the
'C2' Zone provisions contained in this By-Law, excepting,
however, that:
i)
the permitted uses shall be limited to the following:
·
an accessory use
an artist or photographic studio
a banquet hall
a business or professional office
a clinic
a convenience store
a dressmaking or tailor shop
a financial office or institution
an institution
a laundromat
a parking lot
a post office
a restaurant
a service shop
a taxi stand and office
a wholesale use accessory to any of the foregoing uses
ii) the minimum off-street parking requirement shall
be 5.5 parking spaces per 93 square metres of gross
floor area (I space per 16.9 square metres).
·
·
6.3
HIGHWAY roMMERCIAL "C3"
6.3.1 Permitted Uses
·
An auto body repair shop
An automobile car wash
An automotive sales establishment
An automotive service establishment
A banquet hall
A brewers' retail store
A building supply centre
A convenience store
A driving academy
A farm implement dealer
A farm produce retail outlet
A fuel storage yard
A hunting and fishing equipment sales establishment
An institution
A kennel
A laundromat
A liquor control board outlet
'A marine equipment sales and/or service establishment
A mobile trailer sales and service agency
A motel or hotel
A park
A parking lot
A place of entertainment
A printing plant
A recreational facility
A restaurant
A transportation depot
A veterinary clinic
An accessory use
6.3.2 Zone Regulations for Highway Commercial Uses
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)
i) When not abutting a 3.0 metres
Residential Zone
ii) When abutting a 6.0 metres
Residential Zone
6) Rear Yard (Minimum) 7.5 metres
7) Building Height (Maximum) 12.0 metres
8) Planting Strips (Refer to Section 4.13)
·
46
47
·
6.3.3 Zone Regulations for an Automotive or Marine Equipment Sales &
Service Establishment
Refer to Section 6.1.3
6.3.4 Zone Regulations for a Hotel and Motel
·
1)
2)
3)
4)
Lot Area (Minimum)
690.0 square metres
Lot Width (Minimum)
18.0 metres
Front Yard (Minimum)
6.0 metres
Exterior Side Yard (Minimum)
6.0 metres
5) Interior Side Yard (Minimum)
i)
When not abutting a
Residential Zone
3.0 metres
i i)
When abutting a
Residential Zone
6.0 metres
6)
7)
Rear Yard (Minimum)
6.0 metres
Building Height (Maximum)
12.0 metres
8) Planting Strip (Refer to Section 4.13)
6.3.5 Special Provisions
6.3.5.1
·
6.3.5.2
·
Notwithstanding their "C3" Zoning designation, those lands
described as Part of Park Lot 17, Plan 4, south side of King
Street, in the Town of Kincardine, and identified by the Zone
Symbol 'C3-1' on Schedule "A" of this By-Law, may be used in
compliance with the 'C3' zone provisions contained in this
By-Law, excepting, however, that:
i) permitted uses shall be limited to an automobile sales
garage including an auto-body repair shop but only when
incidental or accessory to the aforesaid mentioned automobile
sales garage use;
ii) building height shall be limited to one storey;
iii) a 6.0 metre wide planting strip shall be provided and
maintained as shown on Schedule "A-2" except for one 6.0
metre driveway entrance at the south easterly corner of said
lands.
Notwithstanding their 'C3' zoning designation, those lands
described as Lots 62, 63 and 64, west side of Victoria
Street, Registered Plan No. 61, in the Town of Kincardine,
and identified by the zone symbol 'C3-2' on Schedule "A" of
this by-law may be used for the purposes of commercial
storage building, in addition to those uses normally
permitted, in compliance with the 'C3' zone provisions
contained in this by-law excepting, however, that:
i)
For the purposes of this sub-section, a "COMMERCIAL
STORAGE BUILDING" shall mean a wholly enclosed
building within which non perishable goods and
materials are stored for compensation;
·
·
·
48
ii)
the maximum number of uses permitted shall be limited
to three uses per building;
iii) the provisions of Subsection 4.10.4 shall not
apply; and
iv) the minimum front yard shall be 10 metres.
6.3.5.3
Notwithstanding their 'C3' Zoning designation, those lands
described as Part of Block K, Plan M-33 , further described
/as Part 2 of Reference Plan 3R-2969, in the Town of
Kincardine, and identified by the zone symbol 'C3-3' on
Schedule "A" of this By-Law, shall only be used in compl iance
with the 'C3' zone provisions, excepting however that;
i) the existing dwell iJ~ units are permitted above the
first floor.
6.3.5.4
Notwithstanding their 'C3' Zoning designation, those lands
described as Part of Lot 1, North Side of Elgin Market
Square, Plan No. 61, in the Town of Kincardine and identified
by the zone symbol 'C3-4' on Schedule "A" of thi s By-Law
shall only be used in compliance with the 'C3' Zone
provisions, excepting however that:
i) the existing dwelling units are permitted above the
first floor.
6.4 LOCAL COlIIŒRCIAL "C4"
6.4.1 Permitted Uses
·
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
A video store
An accessory use
6.4.2 Zone Regulations for Local Commercial Uses
1) Lot Area (Minimum) 930.0 square metres
2) Lot Width (Minimum) 30.0 metres
3) Front Yard (Minimum) 6.0 metres
4) Exterior Side Yard (Minimum) 6.0 metres
5) Interior Side Yard (Minimum) 3.0 metres
6) Rear Yard (Minimum) 6.0 metres
7) Bui lding Height (Maximum) one storey
49
·
8) Commercial Floor Area
(Maximum)
i) For anyone use 140.0 square metres
ii) Total for one lot 560.0 square metres
9) A maximum of four (4) different Local Commercial uses will
be permitted on one lot within a "C4" Zone.
10) Planting Strips
(Refer to Section 4.13)
6.4.3 Special Provisions
6.5
RESORT aJIIIERCIAL "C5"
·
6.5.1 Permitted Uses
A boarding or lodging house or bed & breakfast or tourist home
A hotel or motel
A marina
A marine sales and service establishment
A restaurant
A gift shop or convenience store
A parking lot
A place of entertainment
An accessory use
6.5.2 Zone Provisions for Resort Commercial Uses
1) Lot Area (minimum) 185.0 square metres
2) Lot Width (minimum) 15.0 metres
3) Front Yard (minimum) 6.0 metres
· 4) Exterior Side Yard (minimum) 3.0 metres
5) Interior Side Yard (minimum)
i) where abutting an adjoining lot zoned C5 not required
ii) where abutting a residential
zone
ii i) where abutting any other
zone
6) Rear Yard (minimum)
i) where abutting a public
parking
ii) where abutting any other use
6.0 metres
3.0 metres
not required
7.5 metres
.
so
·
7)
8)
Building Height (maximum)
10.5 metres
Planting Strips
(Refer to Section 4.13)
6.5.3 Zone Provisions for A Marina, A Marine Sales or Service
Establishment
Refer to Section 6.1.3 excepting however, that:
i) Where a lot abuts a publ ic or navigable waterbody the yard
requirements shall not apply.
6.5.4 Zone Regulations for Hotel and Motel
(Refer to Section 6.3.4)
6.5.5
Special Provisions
·
·
.
·
51
SECTION 7 - INDUSTRIAL ZONE - )11
In an Industrial M1 Zone, no person shall use any building, structure or land nor
erect any bui Iding or structure except in accordance with the following
provisions:
7. 1 GENERAL INDUSTRIAL "111"
7 .1.1
Permi tted Uses
·
An autobody repair shop
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
A parking lot
A planing or saw mill
A printing or publishing plant
A retail outlet, a wholesale outlet or a business office
accessory to a permitted use
A service shop
A warehouse and/or commercial storage
The manufacturing, servicing or repairing of marine and boating
equipment
Television and Communication facilities
An accessory use
·
7.1.2 Zone Regulations for General Industrial
1) Lot Area (Minimum) 1,850.0 square metres
2) Lot Width (Minimum) 30.0 metres
3) Front Yard (Minimum) 9.0 metres
4) Exterior Side Yard (Minimum) 9.0 metres
5) Interior Side Yard (Minimum)
i) When not abutting
a Residential Zone
3.0 metres
ii) When abutting a
Residential Zone
6.0 metres
6)
7)
Rear Yard (Minimum)
7.5 metres
Building Height (Maximum)
15.0 metres
8) Open Storage - The open storage of goods or materials shall
be permi tted only to the rear of the main bui Iding and
provided that:
·
i) Such open storage is accessory to the use of the main
building on the lot;
52
·
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;
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 lot;
iv) Any portion of the area used for open storage where it
does not adjoin the outside wall of building IS concealed
from view from the street by a fence or wall.
9) Planting Strips (Refer to Section 4.13)
10) Loading Space (Refer to Sect ion 4.10)
11) Off-Street Parking (Refer to Section 4.12)
7.1.3 Zone Regulations for Marine Sales and Service Establishments
Refer to Section 6.1.3
·
7.1.4 Special Provisions
·
·
53
· SECTION 8 - INSTITUTIONAL ZONES - Il AND I2
·
In the Institutional 11 and 12 Zones, no person shall use any building, structure
or land nor erect any building or structure except in accordance wi th the
following provisions:
8.1 INSTITUTIONAL ONE "11"
8.1.1
Permi tted Uses
A Church
A day care nursery
A fire hall
A hospital
An institution
Schools
Dwelling units accessory to the foregoing permitted uses
A cemetery
Public Utilities
Parking Lots
Open Space
An accessory use
8.1.2 Zone Regulations
1) Lot Area (Minimum) 464.0 square metres
2) Lot Width (Minimum) 15.0 metres
3) Front Yard ()Iinimum) 6.0 metres
4) Exterior Side Yard (Minimum) 6.0 metres
5) Interior Side Yard (Minimum) 3.0 metres
6) Rear Yard (Minimum) 6.0 metres
7) Building Height (Maximum) 12.0 metres
·
·
54
·
8.1.3 Special Provisions
8.2
INSTITUTIONAL TWO "I2"
8.2.1 Permitted Uses
A public or private landfill site
A sewage treatment plant and lagoon
An accessory use
8.2.2 Zone Regulations
1) Lot Area (Minimum) 1.850.0 square metres
2) Lot Width (Minimum) 30.0 metres
3) Front Yard (Minimum) 9.0 metres
4) Exterior Side Yard (Minimum) 9.0 metres
· 5) Interior Side Yard (Minimum) 3.0 metres
6) Rear Yard (Minimum) 7.5 metres
8.2.3 Special Provisions
·
·
·
·
·
55
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 in accordance with the following
provisions:
9. 1 OPEN SPACE "OS"
9.1.1
Permitted Uses
A golf course
A park
An arena
An audi torium
An assembly hall
A bowling green
A curl ing rink
A parking lot
A playground
A sports or playfield
A stadium
A swimming pool
A tennis court
Accessory structures and buildings
9.1.2 Zone Regulations
1) Lot Area (Minimum)
2) Lot Width (Minimum)
3) Front Yard (Minimum)
4) Exterior Side Yard (Minimum)
5) Interior Side Yard (Minimum)
6) Rear Yard (Minimum)
Not required
Not Required
6.0 metres
6.0 metres
6.0 metres
7.5 metres
·
9.1.3
Special Provisions
56
· SECTION 10 - HAZARD LAND ZONE - H
In the Hazard Land Zone H, no person shall use any building, structure or land
nor erect any building or structure except in accordance with the following
provisions:
10.1 HAZARD LAND ZONE "H"
10.1.1 Permitted Uses
Forestry
Recreation uses but not including a building
Public works and utilities
Accessory Uses
10.1.2 Zone Regulations
·
Wi thin the "H" Hazard Land Zone, no buildings, structures or fi II
shall be permitted except for buildings or structures required as
part of the necessary operation of a public work or utility; and
buildings or structures directly related to and necessary to launch
boats and provide minor services essential to the operation of
boats.
10.1.3 Special Provisions
·
·
· SECTION 11 - DEVELOPMENT ZONE - D
57
In any Development Zone D, no person shall use any building, structure or land
nor erect any bui Iding or structure except in accordance wi th the fo110wÌl~
provisions:
11 . 1 DEVELOPMENT ZONE "D"
11.1.1 Permitted Uses
An existing farm
An existing single detached dwelling
A home occupation
An accessory use
11.1.2 Zone Regulations
·
1) Lot Area (Minimum)
2) Lot Width (Minimum)
3) Front Yard (Minimum)
4) Exterior Side Yard (Minimum)
5) Interior Side Yard (Minimum)
6) Rear Yard (Minimum)
11.1.3 Special Provisions
·
·
10.0 hectares
100.0 metres
6.0 metres
6.0 metres
7.5 metres
7.5 metres
·
·
·
·
58
SECTION 12 - ADMINISTRATION, ENFORCEMENT AND PENALTIES
12.1 ADMINISTRATION
This By-Law shall be administered by the Chief Building Official or by
a Zoning Administrator appointed by Council.
12.2 BUILDING AND OTHER PERMITS
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 bui 1ding, structure or use
would be in violation of any of the provisions of this By-Law.
12.3
APPLICATION FOR PERMITS
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 dimension of any building,
structure or use proposed for such lot.
3) Proposed locations and dimensions of any yards, set- back,
landscaped open space, off-street parking space or off-street
loading facilities required by this By-Law.
4) The location of all existiJ~ 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 bui lding, structure or use and giving all
information necessary to determine if such proposed or existing
bui Iding, structure or use conforms to the requirements of this By-
Law.
12.4 INSPECTION AND PREMISES
The Chief Building Official or Zoning Administrator or any officer or
employee of the Corporation, upon producing proper identification, may
enter at all reasonable times to inspect and examine any building or
premises for which a permit or order has been issued and no officer or
person acting under his instruction shall enter any room or place used
as a dwelling unit without the consent of the owner or without a warrant
issued pursuant to The Provincial Offences Act.
12 . 5 VIOLATIONS AND PENALTIES
a) Every person who contravenes any of the provisions of this By-law
is guilty of an offence and on conviction is liable,
i) on the first conviction to a fine of not more than twenty
thousand dollars ($20,000); and,
·
·
·
·
12.6
59
ii)
on a subsequent conviction to a fine of not more than ten thousand
dollars ($10,000) for each day or part thereof upon which the
contravention has continued after the day on which he/she first was
convicted.
b) Where a corporation contravenes any of the provisions of this By-
law, the maximum penalty that may be imposed is
i) on a first conviction to a fine of not more than fifty
thousand dollars ($50,000); and,
ii) on a subsequent conviction a fine of not more than twenty-five
thousand dollars ($25,000) for each day or part thereof upon
which the contravention continued after the day on which the
corporation was first convicted.
c) Every such fine shall be recoverable under The Provincial Offenses
Act, all the provisions of which apply, except that any
imprisonment shall be as provided in The Municipal Act.
VALIDITY
If any section, clause or provIsIon of this By-Law, is for any reason
declared by a court of competent jurisdiction to be invalid, the same
shall not affect the val idi ty 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 remaining
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 11ave been declared to be invalid.
12.7 CERTIFICATE OF OCCUPANCY
No change shall be made in the type of use of any lot covered by this By-
Law of any building or structure on any such lot or of any part of such
lot, building or structure, until a Certificate of Occupancy has been
issued by the chief building official to the effect that the proposed use
complies with this By-Law.
--
.
.
.
60
SECTION 13 - APPROVAL
13 . 1 REPEAL
By-Law No. 4350, as amended of The Corporation of the Town of Kincardine
is hereby repealed.
13 . 2 EFFECTIVE DATE
This By-Law shall come into force on the date it is passed by Council,
subject to the provisions of The Planning Act, S.O. 1983 as amended from
time to time.
READ A FIRST AND SECOND TIME THIS 4TH DAY OF FEBRUARY, 1988.
Mayor
Clerk
READ A THIRD TIME AND FINALLY PASSFJ) THIS 7TH
DAY OF JULY, 1988.
Mayor Jó-wAJ ¿t3/xwv
Clerk