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HomeMy WebLinkAboutKIN 88 001 Zoning Bylaw 1 · BY-LAW NUMBER 1988-1 · A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE TOWN OF KINCARDINE · · · 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 . 2 · · · 3 . 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 4 · 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. · 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) · 5 · 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. · 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. . · · · . 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 6 "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. · · · 7 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. · 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: · 8 · 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. · 2.37 · "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. · · 9 · 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. · ., !".'(""7" 10 · 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. · 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. · 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. · 11 · 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. · 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. · 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. · · · 12 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. · 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. · · · . 13 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 It 12 OS 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 · 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. · · · 15 · 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. · 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. · · · · · 17 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. · · · · 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 · · · · 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. 20 · (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. · 21 · (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. · (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. · 22 · (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. · 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. · · · · 23 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. · · · 24 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. · · · · 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. · · · · 26 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 · 5.1.4.4 5.1.4.5 · 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