HomeMy WebLinkAbout16 061 Amend Comp Zoning By-law 2003-25 all lands within the municipality of kincardine by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
No. 2016 — 061
BEING A BY -LAW TO AMEND ZONING BY -LAW NO. 2003 -25,
BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE
MUNICIPALITY OF KINCARDINE
All lands within the Municipality of Kincardine
WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chapter 13 authorizes the
Councils of Municipalities to enact and amend zoning by -laws which comply with an
• approved official plan;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine has
enacted By -law 2003 -25, a zoning by -law enacted under Section 34 of the said Planning
Act;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine desires
to amend By -law 2003 -25;
NOW THEREFORE the Council of the Corporation of the Municipality of Kincardine
ENACTS as follows:
1. By -Law 2003 -25, as amended, being the Comprehensive Zoning By -law for the
Municipality of Kincardine, is hereby further amended by deleting "DAY CARE
NURSERY (LICENSED)" and adding the following to Section 5.0 Definitions:
i. "CHILD CARE" means the temporary care for or supervision of a child
including providing for a child's safety, well -being or development, in the
absence of the child's parent and for a continuous period that does not
• exceed 24 hours, in accordance with the Child Care and Early Years Act,
2014 including any amendments, or its successor, and provided at one of
the following:
ii. "CHILD CARE CENTRE" means a premises operated by a person who is
licensed by the province to operate a child care centre at the premises.
iii. "HOME -BASED CHILD CARE" means a premises operated at a dwelling
by one or more child care provider(s) that are regulated by a home child
care agency. Home -based Child Care is provided by one (1) child care
provider for no more than six (6) children; or, two (2) child care providers for
no more than twelve (12) children.
iv. "UNLICENSED CHILD CARE" means child care provided at a premises that
is not a "child care centre," or "home child care," or a private school within
the meaning of the Education Act. Unlicensed Child Care is provided for no
more than five (5) children where the group of children does not include
more than two (2) children who are younger than two (2) years old.
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Amendment to Comprehensive Zoning By -law 2003 -25, (All lands within the
Municipality of Kincardine), By -law
By -law No. 061
• 2. By -Law 2003 -25, as amended, being the Comprehensive Zoning By -law for the
Municipality of Kincardine, is hereby further amended by replacing Day Care
Nursery (Licensed)' with `Child Care Centre' in the following Sections:
i. Section 5.0 Definitions "COMMERCIAL SCHOOL OR COLLEGE"
ii. Section 6.20.1 Required Number of Off Street Parking Spaces
iii. Section 12.1 Permitted Uses — Residential One (R1) Zone
iv. Section 12.2.4 Zone Provisions
v. Section 12.3.38 Special Provisions
vi. Section 13.1 Permitted Uses — Residential Two (R2) Zone
vii. Section 13.2.4 Zone Provisions
viii. Section 14.1 Permitted Uses — Residential Three (R3) Zone
ix. Section 14.2.9 Zone Provisions
x. Section 17.2 Permitted Uses — General Commercial (C1) Zone
xi. Section 17.3.2 Zone Provisions
xii. Section 31.1 Permitted Uses — Institutional (I) Zone
3. By -Law 2003 -25, as amended, being the Comprehensive Zoning By -law for the
• Municipality of Kincardine, is hereby further amended by permitting `Home -based
Child Care' and `Unlicensed Child Care' in the following Sections:
i. Section 9 — General Agriculture (A1) Zone (Non -Farm Lot and Farm Lot)
ii. Section 12 — Residential One (R1) Zone (Non - Residential)
iii. Section 13 — Residential Two (R2) Zone (Non - Residential)
iv. Section 14 — Residential Three (R3) Zone (Non - Residential)
v. Section 17 — General Commercial (C1) Zone (limited to legally existing
single detached and semi - detached dwellings)
vi. Section 18 — Highway Service Commercial (C2) Zone (limited to legally
existing single detached and semi - detached dwellings)
vii. Section 19 — Hamlet Highway Commercial (C3) Zone (limited to legally
existing single detached and semi - detached dwellings)
viii. Section 23 — Hamlet Commercial (C7) Zone (limited to legally existing single
detached and semi - detached dwellings)
ix. Section 31 — Institutional (I) Zone (limited to legally existing single detached
and semi - detached dwellings)
• 4. By -Law 2003 -25, as amended, being the Comprehensive Zoning By -law for the
Municipality of Kincardine, is hereby further amended by permitting `Child Care
Centre' in the following Sections:
i. Section 9 — General Agriculture (A1) Zone (Non -Farm Lot and Farm Lot)
ii. Section 15 — Residential Four (R4) Zone
iii. Section 18 — Highway Service Commercial (C2) Zone
iv. Section 19 — Hamlet Highway Commercial (C3) Zone
v. Section 23 — Hamlet Commercial (C7) Zone
5. By -Law 2003 -25, as amended, being the Comprehensive Zoning By -law for the
Municipality of Kincardine, is hereby further amended as follows in Section 6.20.1
Required Number of Off Street Parking Spaces:
i. By adding `Home -based Child Care' and the following text: 6 children or
less: requirements for applicable residential dwelling; more than 6 children:
1+ requirements for applicable residential dwelling
ii. By adding `Unlicensed Child Care' and the following text: 1 additional
parking space unless premises is a residential dwelling with parking
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Amendment to Comprehensive Zoning By -law 2003 -25, (All lands within the
Municipality of Kincardine), By -law
By -law No. 061
• 6. This By -law takes effect from the date of passage by Council and comes into force
and effect pursuant to the provisions of the Planning Act, R.S.O. 1990.
7. This By -law may be cited as the "Amendment to Comprehensive Zoning By -law
2003 -25, (All lands within the Municipality of Kincardine), By -law ".
READ a FIRST and SECOND TIME this 11th day of May, 2016.
READ a THIRD TIME and FINALLY PASSED this 11t day of May, 2016.
Mayor Clerk
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