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The Planning Act
NOTICE OF THE PASSING OF A BY-LAW BY
THE CORPORATION OF THE TOWNSHIP OF
KINCARDINE TO REGULATE LAND USE PURSUANT
TO SECTION 39 OF THE PLANNING ACT
TAKE NOTICE that the Council of the Corporation of the
TO~hip of KiJlcardine has passed By-Law No. 83-12 on the
/8' '1J.i9Y of /;I,P/f'/~ , 1983 pursuant to the provisions of
Section 39 of The Planning Act.
The following Schedules are attached hereto:
1. Schedule 1, being a copy of By-Law No. 83-12
2. Schedule 2, consisting of the following:
i) An explanation of the purpose and effect
of the By-Law.
ii) A key map which shows the location of the
lands to which the By-Law applies.
3.
Schedule 3, being a statement from the Clerk of
the Township of Kincardine.
4. Schedule 4, being a statement of the Chief Planning
Officer of the County of Bruce.
ANY PERSON INTERESTED ~~Y, within twenty-one (21) days after
the date of the mailing, personal service or publication of
this notice, file with the Clerk of the Corporation of the
Township of Kincardine notice of an objection to the approval
of the said By-Law or part thereof together with details of
all or that portion of the By-Law to which there is objection
and detailed reasons thereof.
ANY PERSON wishing to support the application for approval
of the By-Law may, within twenty-one (21) days after the date
of the mailing, personal service or publication of this notice,
file with the Clerk of the Corporation of the Township of
Kincardine notice of support of the application for approval
of the said By-Law.
IF no notice of objection has been filed with the Clerk of
the municipality within the time provided, the By-Law thereupon
comes into effect and does not require the approval of the
Ontario Municipal Board.
IF a notice of objection has been filed with the Clerk of the
municipality within the time provided, the By-Law shall be
submitted to the Ontario Municipal Board and the By-Law does
not come into effect until approved by the Ontario Municipal
Board.
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THE LAST DATE FOR FILING OBJECTIONS IS 1?J1 /¿; , /9l? 3 .
THE OBJECTION MUST BE RECEIVED BY THIS DATE IN ORDER TO BE VALID.
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DATED AT THE /p#(/A"SIY/¡P OF ?rÞ9f:?A¡fbJIYi; ,THIS/,f DAY OF #,1'/1'1... , 1983.
Muriel Eskrick
Clerk-Treasurer
Township of Kincardine
R. R. # 5
KINCARDINE, Ontario.
Phone (519) 396-8100
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THE CORPO~TION OF THE TOWNSHIP OF KINCARDINE
BY-LAW NO. 83-12
BEING A RESTRICTED AREA (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 this By-Law shall apply ,APPLICATION
only to the lands outlined in the heaviest
black broken line on Schedule "A" attached
hereto.
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.
ZONING
1.3
The lands outlined in the heaviest black
broken line on Schedule "A" attached hereto,
and identified by the zone symbol 'EP' are
hereby zoned ENVIRO~æNTAL PROTECTION.
ZONING
SECTION 2
GENERAL PROVISIONS
2.1 Except as provided by The Planning Act, no CONFORMITY
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.
2.2 Schedule "A" attached hereto shall be deemed SCHEDULES
to form part of this By-Law.
2.3 This By-Law shall be administered by the Chief ADMINISTRATION
Building Official or such other persons as
the Council designates.
2.4
No building permit shall be issued for any BUILDING
proposed building or structure or use that PERMITS
would be in violation of any of the provisions
of this By-Law.
2.5 The Chief Building Official or Zoning INSPECTION
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. -
2.6
Every person who contravenes any of the VIOLATION
provisions of this By-Law shall upon __ .AND PENALTY
conviction be liable to a fine not exceeding
one thousand ($1,000) dollars exclusive of
costs, which shall be recoverable under the
proceedings in front of a Court of competent
jurisdiction.
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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.
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.
2.l0 Notwithstanding any yard provisions of this
By-Law, no person shall hereafter erect any
building or structure in any zone which is:
(a) closer than 5 metres from the edge of
an Environmental Protection Area (EP)
Zone,and
(b) no portion of any sewage disposal system
shall be located any closer than 30
metres from any body of water or water-
course or open municipal drain except
for a Class 6 system where the minimum
setback distance for such system may be
reduced to l5 metres.
2.11 Where any uncertainty exists as to the
boundary of any zone as shown on the
Zoning Map Schedule, 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.
(b) where a zone boundary is indicated as
approximately following lot lines, the
boundary shall follow such lot lines.
(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 Zoning Map Schedule.
(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 Zoning Map Schedule.
.
REMEDIES
LITIGATION
SERVICES
AND
UTILITIES
WATERCOURSE
SETBACKS
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BOUNDARIES
OF THE ZONES
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SECTION .
RESIDENTIAL (Rl)
"
No person shall within the Residential (R1)
Zone use any lot or erect, alter or use
any buildin9 or structure for any purpose
except the following:
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(a) a detached dwelling;
(b) a home occupation;
(c} accessory uses.
3.2
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LAND USE
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No dwelling or accessory building shall be LOT AREA
erected on any lot with an area of less than
2000 square metres.
No dwelling or accessory use shall be erected LOT FRONTAGE
on any lot having a frontage of less than 40
metres.
3.3
3.4
The total lot coverage for all buildings or
structures shall not exceed ls per cent of
the area of any lot.
3.5
LOT COVERAGE
No one storey dwelling, excluding any ONE STOREY
accessory use, shall have a ground floor area DWELLING
of less than 90 square metres.
No dwelling more than one storey excluding any DWELLING OF
accessory use, shall have a ground floor area MORE THAN
of less than 70 square metres. ONE STOREY
3.6
3.7 No dwelling or accessory use shall have a
front yard depth of less than 7.5 metres.
3.8 No dwelling or accessory use shall have a
rear yard depth of less than 10 metres.
3.9 No dwelling or-accessory use shall have a
side yard width of less than 3 metres.
3.l0 No more than one detached dwelling shall be
erected or used on any single lot.
3.ll Accessory uses shall not exceed 4 metres nor
one storey in height and shall not occupy
more than 5 per cent of the area of any lot,
and when not attached to the dwelling, shall
be located in the rear yard.
3.12 No mobile home or travel trailer shall be
parked, erected or situated in any manner
whether permanently or temporarily on any
lot.
SECTION 4
ENVIRO~1ENTAL PROTECTION (EP) ZONE
4.l No person sha¡l within an Environmental
Protection (EP) Zone use any lot or erect
or use any building or structure, for any
purpose except the following:
(a) flood and/or erosion control purposes.
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SECTION 5
DEFINITIONS
5.1 "ACCESSORY USE" means a use, building or a
structure that is not used for human
habitation and is subordinate and exclusively
devoted 0 a main u ~ huilñ' g or structure
nd, c on th' . .ame Dc fIley" .
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FRONT YARD
REAR YARD
SIDE YARD
ONE DETACHED
DWELLING PER
LOT.
ACCESSORY
BUILDING
REQUIREMENTS
MOBILE
HOME
LAND USE
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IIAcltCULTURAL USE" means the use of land,
and structures for the growing of field
crops, berry crops, tree crops, flower
gardening, truck gardening; nurseries,
aviaries, apiaries; farms for the grazing,
breeding, raising, boarding, or training
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,
and shall include a detached dwelling
accessory to the above, but shall not
include kennels.
-BUILDING" means a structure having a roof
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, alter-
ation and repair of buildings, for the time
being in force and shall include the
Ontario Building Code.
"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 of the Township of Kincardine.
"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 only one dwelling unit, but shall
not include a mobile home.
"GROUND FLOOR AREA II means the maximum area
of a building 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 such sun room
is habitable at all seasons of the year),
unfinished attic, basement or cellar.
"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.
"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 material;
·AG~ICULTURAL
USE
BUILDING
BUILDING'
BY-LAW
CHIEF BUILDING ,
OFFICIAL
CORPORATION
COUNCIL
DWELLING
UNIT
DETACHED
DWELLING
GROUND FLOOR
AREA
HEIGHT
HOME
OCCUPATION
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5.13
5.14
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5.16
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5.19
5.20
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LOT
LOT AREA
LOT FRONTAGE
LOT LINE
LOT LINE,
FRONT
LOT LINE,
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(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)
(f)
there are no persons employed;
there is no mechanical or other
equipment used except that which is
customarily employed in dwellings
for domestic or household purposes.
"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.
"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.
"LOT AREA" means the total horizontal area
within the lot lines of a lot.
"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 permitted by this By-Law.
"LOT LINE" means any boundary of a lot or
the vertical projection thereof.
"LOT LINE, FRONT" means in the case of an
interior lot, the line dividing the lot from
the street.
"LOT LINE, REAR" means the lot line farthest
from and opposite to the front lot line.
"LOT LINE, SIDE" means a lot line other than
a front or rear lot line.
"MOBILE HOME" means any dwelling that is
designed to be made mobile, and constructed
or manufactures to provide a permanent or
seasonal residence for one or more persons
but does not include a travel trailers. A
mobile home shall be distinguished from other
forms of prefabricated transportable housing
by reason of a design which permits and
features ready transter-fromplace to place
whereas the latter are intended to be moved
once only to a final location.
LOT LINE,
SIDE.
MOBILE HOME
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5.22 "STREET" means a public highway which affords STREET
the principal means of access to lots
ðbutting thereto but does not include a
public lane or private right-of-way.
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5.23
"TRAVEL TRAILER" 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.
TRAVEL
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5.24
"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.
5.25
"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 YARD DEPTH" means the least horizontal
dimension 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.
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YARD, FRONT
AND FRONT
YARD DEPTH
5.26
"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 DEPTH II 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 DEPTH
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5.27 "YARD, S¡DE" means a yard extending from the
front yard to the rear yard and from the
side lot line of the lot to the nearest
part of any building or structure on the lot,
or the nearest open storage use on the lot.
"SIDE YARD WIDTH II 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
YARD WIDTH
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5.28 "ZONING ADMINISTRATOR" means the officer or
-~~loyee of the Corporation for the time
being charged with the duty of enforcing
the provisions of the Restricted Area or
Zoning By-Law of the Corporation.
ZONING
ADMINISTRATOR
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SECTION 6
6.l This By-Law takes effect from the date of
passage by Council and comes into force
pursuant to Section 39 of The Planning'Act,
R.S.O. 1980.
EFFECTIVE
DATE
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/Çu,/ , 1983. :;
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AND FINALLY PASSED THIS ~~~-'~~~ iF
, 1983. "'-' ... ...:,....~
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7:;:ii?~év'Þ)
READ A FIRST AND SECOND THIS THIS
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LOT .,9 _.-
LOT 20 _.--
-LOT 21 ...
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SUBJECT PROPERTY
LANDS TO BE ZONED RI
LANDS TO BE ZONED EP
OWNER
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PART OF LOT 20
CONCESSION I SDR
. KINCARDINE TOWNSHIP
COUNTY OF BRUCE
APRIL 1983
This i is SCI-EDULE "A"
10/þW No. '83- 1 2 ossed this
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BRUCE COUNTY PLANNING DEPT.
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SCHEDULE 2 (i)
EXPLANATORY NOTE
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RESTRICTED AREA BY-LAW NO. 83-12 OF THE
CORPORATION OF THE TOWNSHIP OF KINCARDINE
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Zoning By-Law No. 83-l2 was passed under Section 39 of The
Planning Act, R.S.O. 1980, c. 379, as amended.
The purpose of By-Law No. 83-12 is to zone a certain
parcel of land Residential (Rl) and Environmental Protection
(EP) .
~he effect of By-Law No. 83-l2 is as follows:
Residential (R1) permits a detached dwelling,
and accessory uses subject to certain minimum
requirements.
Environmental P~otection (EP) is designed
for flood-and erosion control purposes.
The lands affected by By-Law No. 83-12 are located in Part
of Lot 20, Concession 1, S.D.R., in the Township of Kincardine,
and are shown in more detail on the attached Schedule 2(ii).
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. OWNER
PART OF LOT 20 L_ SHIPP
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CONCESSION I SHR. 1:4800
KINCARDINE TOWNSHIP DATE
APRIL 1983
COUNTY OF BRUCE DEPARTMENT
BRUCE COUNTY PLANNING DEPT_
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SCHEDULE 3
STATEMENT OF CONFORMITY TO THE OFFICIAL
PLAN FOR THE TOWNSHIP OF KINCARDINE
I, MURIEL ESKRICK, the Clerk of the Township of Kincardine
have reviewed By-Law No. 83-12 of the Township of
Kincardine.
I am of the opinion that:
By-Law No. 83-12 is in conformity with the
Official Plan in effect for the Township
of Kincardine.
~el Eskrick,
C erk of the T wnship of
Kincardine
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SCHEDULE 4
STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR
THE BRUCE COUNTY LAKE SHORE PLANNING AREA
I, W. D. Scott, the Chief Planning Officer of the Corporation
of the County of Bruce have reviewed By-law .8.3.-.1.2..... of The
Corporation of the Township of Kincardine.
I am of the op~n~on that the By-law is in conformity with
tIÞ the Official Plan in effect for the Bruce County Lakeshore Planning
Area.
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W. D. Scott
Director of Planning
County of Bruce
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