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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW NO. 83-39
BEING A ZONING BY-LAW TO REGULATE
THE USE OF LAND AND THE SIZE AND
LOCATION OF BUILDINGS AND STRUCTURES.
SECTION 1
1.1 The provisions of
only to the lands
black broken line
hereto.
this By-Law shall apply
outlined in the heaviest
on Schedule "A" attached
1.2
The lands outlined in the heaviest black
broken line on Schedule "A" attached
hereto, and identified by the zone symbol
'Rl' are hereby zoned RESIDENTIAL.
SECTION 2
2.1
2.2
2.3
GENERAL PROVISIONS
Except as provided by The Planning Act, no
building, structure or land shall be used
and no building or structure shall be
erected, altered or enlarged within the
lands described in this By-Law, unless it
is in conformity with the provisions of
this By-Law.
Schedule "A" attached hereto shall be
deemed to form part of this By-Law.
This By-Law shall be administered by the
Chief Building Official or such other
persons as the Council designates.
2.4 No building permit shall be issued for any
proposed building or structure or use that
would be in violation of any of the
provisions of this By-Law.
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2.5 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 a 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.
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Every person who contravenes any of the
provisions of this By-Law shall upon
conviction be liable to a fine not exceeding
one thousand dollars($l,OOO) exclusive of
costs, which shall be recoverable under
the proceedings in front of a Court of
competent jurisdiction.
.
APPLICATION
ZONING
CONFORMITY
SCHEDULES
ADMINISTRATION!
BUILDING
PERMITS
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INSPECTION
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VIOLATION
AND PENALTY
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2.7 Where any building or structure is proposed
to be erected, altered, enlarged or recon-
structed, or where any land is proposed to
be used in contravention of the provisions
of this By-Law, the same may be restrained
by action at the insistence of any ratepayer
or of the Council pursuant to the provisions
of The Planning Act.
2.8 This By-Law does not affect the rights of
any party concerned in any action, litigation
or other proceeding pending on the date of
the final passage thereof, except to the
extent to be determined in the final
adjudication of such action.
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2.9 Notwithstanding anything contained in this
By-Law, the Corporation, any telephone or
telegraph company, any transportation system
owned or operated by or for the Corporation,
any Department of the Federal Government or
Ministry of the Provincial Government may,
for the purpose of the public service and
utility, use any land, building or structure,
in any zone, notwithstanding that such use,
building or structure does not conform to
the provisions of this By-Law for such zone.
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2.10 Where any uncertainty exists as to the
boundary of any zone as shown on the Schedule
"A", the following provisions shall apply:
(a) where a zone boundary is indicated as
fOllowing and is within the boundary of
a street, lane, railway right-of-way,
or watercourse, the boundary shall be
the centre line of such street, lane,
railway right-of-way or watercourse.
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(b) where a zone boundary is indicated
as approximately fOllowing lot lines
or lot lines of the original Township
survey fabric, the boundary shall
follow such lot lines.
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(c) where a zone boundary is indicated as
approximately parallel to any street
line and the distance from the street
line is not indicated, such boundary
shall be construed as being parallel
to such street line, and the distance
therefrom shall be according to the
scale shown on the Schedule "A".
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(d) where any zone boundary is left uncertain
after application of the provisions of
clauses a),b) and c) above, then the
boundary shall be determined by the
scale shown on the Schedule "A".
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2.11 The provisions of By-Law No. 82-08 shall not
apply to the lands affected by this By-Law.
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REMEDIES
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LITIGATION fi
SERVICES
AND
UTILITIES
ZONE
BOUNDARY
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BY-LAWS
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SECTION 3
RESIDENTIAL (Rl)
3.1 No person 'shall within the Residential (Rl)
Zone use any lot or erect, alter or use
any building or structure for any purpose
except the following:
(a) a Detached Dwelling1
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(b) a Home Occupation1
(c) Accessory Uses.
No detached dwelling or accessory use shall
be erected on any lot with an area of more
than 5120 square metres (55113 square feet).
No detached dwelling or accessory use shall
be erected on any lot having a frontage of
less than 58 metres (190.3 feet).
The total lot coverage for all buildings or
structures shall not exceed 15 percent of
the area of any lot.
No one storey detached dwelling, excluding
any accessory use, shall have a ground floor
area of less than 90 square metres
(950 square feet).
No detached dwelling more than one storey,
excluding any accessory use, shall have a
ground floor area of less than 70 square
metres (755 square feet).
No detached dwelling or accessory use shall
be erected on a lot except in accordance with
the following minimum setback requirements,
or the setback requirements of Section
3.8 below, whichever is the greater:
Minimum Front Yard Setback:
Minimum Rear Yard Setback:
Minimum Side Yard Setback:
.
LAND USE
LOT AREA
LOT FRONTAGE
LOT COVERAGE
ONE STOREY
DWELLING
DWELLING OF
MORE THAN
ONE STOREY
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MINIMUM
YARD
REQUIREMENTS
7.5 metres (25 feet)
10 metres (33 feet)
3 metres (10 feet) on
one side and 1.5 metres
(5 feet) on the other
side.
3.8 Notwithstanding any other provisions of this
By-Law, no detached dwelling shall be erected
closer than 144.2 metres (473 feet) from any
livestock or poultry building, and no
detached dwelling or accessory use shall be
located 33 metres (108 feet) from the
centreline of a Provincial Road or street.
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SECTION 4
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DEFINITIONS
4.1 "ACCESSORY USE" means a use, building or a
structure that is not used for human
habitation and is subordinate and exclusively
devoted to a main use, building or structure
and located on the same lot therewith.
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SETBACK FROM
POULTRY/
LIVESTOCK i
BUILDING AND '
PROVINCIAL
ROAD
ACCESSORY
USE
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AGRICULTURAL
USE
"AGRICULTURAL USE" means 'the ùse of land,
and structures for the growing of field
crops, berry crops, tre~ crops, fl~wer
gardening, truck garden1ng, nurser1es"
aviaries, apiaries¡ farm~ for the g~a~1ng,
breeding, raising, board1ng, or tra1n1Dg of
livestock¡ the breeding and raising of poultry¡
forestry and reforestation; including the sale
of such produce, crops, livestock or poultry
on the same lot.
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"ALTER" when used in reference to a building ALTER
or part thereof, means to change àny one or
more of the internal or external dimensions
of such building or to change the type of
construction of the exterior walls or roof
thereof. When used in reference to a lot,
the word "alter" means to decrease the width,
depth, or area of any required yards setback,
landscaped open space or parking area, to
change the location of any boundary of such
lot with respect to a street or lane, whether
such alteration is made by conveyance or
alienation of any portion of said lot, or
otherwise. The word "altered" and "alteration"
shall have a corresponding meaning.
"BUILDING" means a structure having a roof BUILDING
supported by columns or walls or supported
directly on the foundation and used for the
shelter or accommodation of people or goods.
"BUILDING BY-LAW" means any By-Law of the
Corporation regulating the erection,
alteration and repair of buildings, for
the time being in force and shall include
the Ontario Building Code.
BUILDING
BY-LAW
"CENTRELINE" means the cem;reline of the
right-of-way.
" CHIEF BUILDING OFFICIAL" means the officer
or employee of the Corporation for the time
being charged with the duty of enforcing
the provisions of the Building By-Law of
the Corporation.
"CORPORATION" means the Corporation of the
Township of Kincardine.
"COUNCIL" means the Council of the
Corporation.
CENTRELINE
CHIEF
BUILDING
OFFICIAL
CORPORATION
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"DWELLING UNIT" means two or more rooms used
for the domestic use of one or more
individuals living as a single housekeeping
unit, with cooking, living, sleeping and
sanitary facilities.
"DETACHED DWELLING" means a separate dwelling
unit constructed for permanent use and
containing onlý one dwelling unit, but shall
not include a mobile home.
DWELLING
UNIT
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DETACHED
DWELLING
"ERECT" when used in this By-Law includes
building, construction, reconstruction and
relocation and, without limiting the generality
of the word, also includes:
ERECT
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(a) any preliminary physical operation, such
as excavating, filling or draining¡
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(b) altering any existing building or
structure by an addition1 enlargement,
extension or other structural change;
and
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(c) any work for the doing of which a building
permit is required under The Ontario
Building Code.
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"ERECTED" and "ERECTION" shall have a
corresponding meaning.
4.13 "GROUND FLOOR AREA" means the maximum area
of abuilding measured to the outside walls
at grade, excluding in the case of a
dwelling house, any private garage, carport,
porch, verandah, or sun room (unless 3uch
sun room is habitable at all seasons of the
year), unfinished attic, basement or cellar.
4.14 "HEIGHT" means the full height of a building
or structure measured from the lowest point
of the finished grade at the exterior walls
to the highest point of the building or
structure not including any chimney, tower,
antenna, electrical apparatus or structure
for the mechanical or communications
equipment required for the operation of
the building or use permitted.
4.15 "HOME OCCUPATION" means any occupation for
gain or support conducted entirely within
a dwelling by individuals residing in such
dwelling provided that:
(a) there is no external display or
advertising other2than a sign not
larger than 0.2 m ;
(b) there is no external storage of
goods or materials;
(c) such home occupation is secondary
to the main residential use and
does not change the residential
character of the dwelling nor create
or become a nuisance, in particular
with regard to noise, traffic or
parking;
(d) not more than 25% of the ground
floor area is used for the home
occupation use;
(e) there are no persons employed;
(f) there is no mechanical or other
equipment used except that which
is customarily employed in dwellings
for domestic or household purposes.
4.16 "KENNEL" means a place where dogS! or other
household pets other than poultry are bred
and raised and are sold or kept for sale
or boarded.
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GROUND
FLOOR
AREA
HEIGHT
HOME
OCCUPATION
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4.17 "LOT" means a parcel of land or contiguous
parcels of land under one ownership, having
frontage on a public street and which is
described in a deed or other document legally
capable of conveying an interest in land and
which is on record in the Registry Office for
the Bruce Registry Division.
4.18 "LOT AREA" means the total horizontal area
within the lot lines of a lot.
LOT AREA
LOT
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4.19 "LOT FRONTAGE" means the horizontal distance
between the side lot lines, such distance
being measured perpendicularly to a line
joining the middle of the front lot line with
either the middle of the rear lot line or the
apex of the triangle formed by the side lot
lines at the minimum distance from the front
lot line at which erection of buildings or
other structures is permit~ed by this By-Law.
LOT FRONTAGE
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4.20 "LOT LINE" means any boundary of a lot or
the vertical projection thereof.
LOT LINE
4.21 "LOT LINE, FRONT" means in the case of an
interior lot, the line dividing the lot from
thé street.
LOT LINE,
FRONT
4.22 "LOT LINE, REAR" means the lot line farthest
from and opposite to the front lot line.
LOT LINE,
REAR
4.23 "LOT LINE, SIDE" means a lot line other than
a front or rear lot line.
LOT LINE,
SIDE
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4.24 "MOBILE HOME" means any dwelling that is MOBILE
designed to be made mobile, and constructed
or manufactured to provide a permanent or
seasonal residence for one or more persons
but does not include a travel trailer. A
mobile home shall be distinguished from other
forms of prefabricated transportable housing
by reason of a design which permits and
features ready transfer from place to place
whereas the latter are intended to be moved
once only to a final location.
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4.25 "PERSON" means any human being, association, PERSON
firm or partnership, incorporated company,
corporation, agent or trustee, and the heirs,
executors or other legal representatives of
a person to whom the context can apply
according to law. '
4.26 "SETBACK" means the shortest horizontal SETBACK
distance from a specified point to the
nearest part of any building or structure
on a lot.
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4.27 "STREET" means a public highway which affords STREET
the principal means of access to abutting
lots but does not include a public lane or
private right-of-way.
4.28 "STREET,LlNE" means the dividing line between STREET LINE
a lot and a·street.
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4.29 "STRUCTURE" means anything constructed or
erected, the use of which requires location
on the ground, or on water, or attachment to
something having a fixed location on the
ground or on water, and without limiting
the generality of the foregoing, includes
walls, floors, roofs, signs and billboards,
private outdoor swimming pools, sewage
disposal systems and an object designed and
intended to float, but does not include free-
standing walls, hedges and fences.
4.30 "TRAVEL TRAILER II means a structure designed,
intended and used exclusively for travel,
recreation and vacation and which is capable
of being drawn or propelled by a motor vehicle
or is self propelled and includes tent trailers,
or similar transportable accommodation but
does not include a mobile home.
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4.31 "USE" as a verb, means anything permitted by
the owner or occupant of any land, building
or structure, directly or indirectly, or by
or through any trustee, tenant, servant or
agent acting for or with the knowledge and
assent of such owner or occupant, for the
purpose of making use of the said land,
building or structure. The phrase 'used for'
includes 'arranged for', 'designed for',
'maintained for' or 'occupied for'.
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TRAVEL
TRAILER
USE
4.32 "USE" as a noun, means any of the fOllowing USE
depending on the context:
(a)
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any purpose for which land, buildings
or other structures may be arranged,
designated, designed, intended, maintained
or occupied; or
any occupation, business, activity, or
operation carried on, or intended to be
carried on, in a building or other
structure or on land; or
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(c) the name of a tract of land or a building
or other structure which indicates the
purpose for which it is arranged,
designated, intended, maintained or
occupied.
"YARD" means a space, appurtenant to a YARD
building or structure, located on the same
lot as the building or structure, and which
space is open, uncovered and unoccupied
from ground to sky except for such accessory
building, structures or uses as are specifically
permitted elsewhere in this By-Law.
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".YARD, FRONT" means 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 or structure on the lot, or
the nearest open storage use on the lot.
"FRONT 'w.ro SEl'BI\CK" means the least horizontal
dimension between the front lot line of the
lot pnd the nearest part of any building or
structure on the lot, or the nearest open
storage use on the lot.
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YARD, FRONT'
AND FRONT
YARD SEl'BI\CK
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"YARD,REAR" means 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 or structure on the lot, or
the nearest open storage use on the lot.
"REAR YARD SE1'B1\CK" means the least horizontal
dimension between the rear lot line of the
lot and the nearest part of any building or
structure on the lot, or the nearest open
storage use on the lot.
YARD, REAR
AND REAR
YARD SEl'BACK
I
4.36 "YARD, SIDE" means a yard extending from the
front yard to the rear yard and from the
side lot line of the lot and the nearest
part of any building or structure on the lot,
or the nearest open storage use on the lot.
"SIDE YARD SE1'B1\CK" means the least horizontal
dimension between the side lot line of the
lot and the nearest part of any building or
structure on the lot, or the nearest open
storage use on the lot.
YARD, SIDE
AND SIDE
YAm SETBI\CK
4.37 "ZONING ADMINISTRATOR" means the officer or
employee of the Corporation for the time
being charged with the duty of enforcing
the provisions of the Zoning By-Law of
the Corporation.
¡
ZONING I,
ADMINISTRATOR I,
SECTION 5
II
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5.1 This By-Law takes efrect from the date of
passage by Council and comes into force
pursuant to the provisions of The Planning
Act, S.O. 1983.
EFFECTIVE
DATE
,
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,
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READ A FIRST AND SECOND TIME THIS ~,) DAY OF ,~,_h¿,-1l9iL.
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READ A THIRD TIME AND
Ah.-.L.t.O,)
~.-2 A?J DAY OF
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FINALLY PASSED
,19ß-.
THIS
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P SUBJECT LANDS
~:::::::::::::l LANDS TO BE ZONED RI
PART OF LOT 19
CONCESSION 1 NDR
WNSHIP OF KINCARDINE
COUNTY OF BRUCE
to
22
23
OWNER
A, HEWITT
SCAIL
1:6000
DATE
OCTOBER 1983
DEPARTMENT
BRUCE COUNTY PLANNING DEPT,