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Form 1
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 Towns~p of Kinca~e has passed By-Law No. 8;t-a~ on
the cIlO day of ~L£, 1982 pursuant to the provisions
of Section 39 of The Pl nn1ng Act.
The fOllowing Schedules are attached hereto:
1. Schedule 1, being a true copy of By-Law No. Þ-Bti.
2. Schedule 2, being 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 Corporation of the Township of Kincardine
that By-Law No. !l2-34 is in conformity with
the Official Plan for the municipality and stating
the purpose and effect of the By-Law.
4. Schedule 4, being a statement from the chief
planning officer of the County of Bruce stating
that By-Law No. 8;1.-34 is in conformity with
the Official Plan in effect for the Bruce County
Lakeshore Planning Area.
ANY PERSON INTERESTED MAY, wi thin twenty-one days after
the date of 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 therefor.
ANY PERSON wishing to support the application for
approval of the By-Law may, within twenty-one days after the
date of 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 ~ notice of objection has been filed with the Clerk
of the munic1pality 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.
THE LAST DATE FOR FILING OBJECTIONS IS t'?t7*.i",fu ¡,;¡-i, 1982.
THE OBJECTION MUST BE RECEIVED BY
THIS DATE IN ORDER TO BE VALID.
Kincardine this ðll al:ciiay' øf
fJ. A -f: _ J~þ;'~ED at the
~' 1982.
Township of
Muriel Eskrick
Clerk-Treasurer
Township of Kincardine
R. R. i 5
Kincardine, Ontario.
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW NO. Ø) -:3~
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BEING A RESTRICTED AREA (ZONING) BY-LAW
TO REGULATE THE USE OF LAND AND THE SIZE
AND LOCATION OF BUILDINGS AND STRUCTURES.
SECTION ONE
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The provisions of this By-Law shall apply APPLICATION
only to Part of Lot 40, Concession 2, N.D.R.,
in the Township of Kincardine, County of
Bruce, as shown outlined in the heaviest black
broken line on Schedule "A" attached hèreto.
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The lands outlined in the heaviest black
broken line on Schedule "A" attached hereto
and identified by the zone symbol "Al" are
hereby zoned AGRICULTURAL.
ZONING
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The lands outlined in the heaviest black
broken line on Schedule "A" attached hereto
and identified by the zone symbol "EP" are
hereby zoned ENVIRONMENTAL PROTECTION.
TWO
GENERAL PROVISIONS
Except as provided by The Planning Act, no CONFORMITY
building, structure or land shall be used
and no building or structure shall be erected,
altere,1 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 SCHEDULES
to form part of this By-Law.
This By-Law shall be administered by the ADMINISTRATION
Chief Building Official or such other
persons as the Council designates.
No building permit shall be issued for any BUILDING
proposed building or structure or use PERMITS
that would be in violation of any of the
provisions of this By-Law.
The Chief Building Official or any officer INSPECTION
designated by Council is hereby authorized
to enter, at all reasonable hours, upon any
property or premises for the purpose of
carrying out his/her duties under this
By-Law.
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 ($1,000)
exclusive of costs, which shall be .
recoverable under The Municipal Act
and The Summary Convictions Act, as
amended from time to time.
VIOLATION AND
PENALTY
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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 ~estrained by
action at the insistence of any ratepayer
or of the Council pursuant to the provisions
of The Planning Act.
REMEDIES
This By-Law does not affect the rights of LITIGATION
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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Notwithstanding anything contained in this
By-Law, the Corporation, any telephone or
telegraph company, any transportation system
oWned or operated by or for the Cörporation,
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.
The provisions of By-Law No. 82-08 shall
not apply to the lands affected by this
By-Law.
SECTION THREE
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AGRICULTURAL (AI) ZONE
No person shall within the Agricultural (AI)
Zone use any land or erect, alter or use
any building or structure for any purpose
except the following:
(a)
agricultural uses;
(b)
buildings, structures and uses
accessory to a permitted use.
No person shall within the Agricultural (Al)
Zone use any land, or erect or alter or
use any building or structure except in
accordance with the fOllowing provisions:
Minimum Lot Area
The minimum lot area shall be 1.2 hectares.
Minimum Lot Frontage
The minimum lot frontage shall be 83 metres.
Minimum Front Yard Depth
The minimum front yard dept~ shall be 20 metres.
Minimum Rear Yard Depth
The minimum rear yard depth shall be 20 metres.
SERVICES AND
UTILITIES
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OTHER BY-LAWS'
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ZONE
PROVISIONS
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Minimum Side Yard Width
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The minimum side yard width shall be 20 metres.
I SECTION FOUR
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ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall within an Environmental
Protection (EP) Zone use any land or erect
alter or use any building or structure for
any purpose except the following:
(a) flood and/or erosion control
purposes;
LAND USE
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(b) . agricultural uses but not intensive
agricultural uses provided that no
buildings or structures are erected.
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SECTION FIVE
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DEFINITIONS
"ACCESSORY USE" means a use, building or ACCESSORY USE
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 unless
otherwise specified by this By-Law.
"AGRICULTURAL. USE" means the use of land, AGRICULTURAL USE'
buildings 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 farm
dwelling accessory to the above, but shall not
include kennels.
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"AGRICULTURAL USE, INTENSIVE" means the
,predominant economic use of land, building
or structures for the growing of mushrooms,
a commercial greenhouse or the raising of
one specific type of livestock in, where
applicable, a certain type of housing
situation, in a manner in which the number
of animal units per year would be greater
than those listed in the following table;
AGRICULTURAL USE,
INTENSIVE
COLUMN 1
COLUMN 2
COLUMN 3
Type of Livestock
Type of Housing
No. of Animal
Units /Year
Beef Cattle
i) open feedlot
with barn
31
36
ii) total confinement
Turkey Broilers
Chicken'Broilers
Not Applicable
Not Applicable
36
42
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COLUMN 1
COLUMN 2
Type of Livestock
Type of Housing
Dairy Cattle
i) free stall
ii) tie stall
iii)loose housing
Laying Hens
i) caged
ii) floor housing
Hens (breeding
flocks)
Not Applicable
Not Applicable
Not,Applicable
Pullets
Hogs (feeder)
Hogs (dry sows)
Nót Applicable
Not Applicable
Horses
Mink Not Applicable
Rabbit Not Applicable
Roasters Not Applicable
Sheep Not Applicable
Veal Calves (white) Not Applicable
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COLUMN 3
No. of Animal
Units / Year
36
38
31
28
31
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31
36
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Any combination of livestock types shall constitute
an intensive farm if a value greater than one (1)
is obtained by using the fOllowing calculations:
(a) divide the number of animal units
of each type of livestock by the
figure given in Column 3 preceding.
(b) add the resulting figures.
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"ANIMAL UNIT" means the number of that
kind of livestock or poultry that would
provide an amount of manure containing
68 to 77 kilograms (150 to 170 pounds) of
nitrogen or that amount of manure sufficient
to provide the nitrogen requirements öf one
acre of corn. The number of livestock or
poultry that would produce 1 animal unit
is as follows:
TYPE OF LIVESTOCK OR POULTRY
1 dairy cow (plus calf)
1 beef cow (plus calf)
1 bull
1 horse
4 sheep (plus lambs)
4 sows (plus litter to weaning)
100 female mink (plus associated males
and kits)
ANIMAL UNIT
ANIMAL BASIS
(365 days)
1 animal unit
1 animal unit
1 animal unit
1 animal unit
1 animal unit
1 animal unit
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TYPE OF LIVESTOCK OR POULTRY
2 beef feeders (gain 181 - 499 kg)
(400 - 1100 lb)
4 beef feeders (gain 181 - 340 kg)
(400 - 750 lb)
4 beef feeders (gain 340 - 499 kg)
(750 - 1100 Ib)
15 hogs (gain 18 - 90 kg)
(40 - 200 lb)
1000 broiler chickens or roasters
(1.8 - 2.2 kg) (4 - 5 Ib)
300 turkey broilers (5 - 5.5 kg)
(11 ,- 12 lb)
150 heavey turkey hens (8.5 - 9 kg)
(11 - 12 lb)
100 heavy turkey toms (13.5 - 14.5 kg)
(30 - 32 lb)
40 veal calves (gain 40.8 - 136 kg)
(30 - 300 Ib)
1000 pUllets
"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.
"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" shall mean the Corporation
of the Township of Kincardine~
"COUNCIL" means the Council of the
Corporation.
"DETACHED DWELLING" means a separate
dwelling constructed for permanent use and
containing only one dwelling unit and
occupied by one or more persons.
"DWELLING UNIT" means two or more rooms
used or intended for the domestic use of
one or more individuals living as a single
housekeeping unit, with cooking, living,
sleeping and sanitary facilities.
"ERECT" when used in this By-Lalv includes
building, construction, reconstruction and
relocation and without limiting the
generality of the word, also includes:
(a) any preliminary physical operation,
such as excavating, filling or
draining;
MARKET BASIS
(as marketed)
1 animal unit
1 animal unit
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1 animal unit
1 animal unit
1 animal unit
1 animal unit
1 animal unit
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1 animal unit
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1 animal unit
1 animal unit
BUILDING
CHIEF BUILDING
OFFICIAL
CORPORATION
COUNCIL
DETACHED
DWELLING
DI'i'ELLING UNIT
ERECT
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altering any existing building or
structure by an addition, enlargement
extension or other structural change;
and
(c)
any work for the doing of which a
building permit is required under the
Ontario Building Code.
"ERECTED" and "ERECTION" shall have a corresponding
meaning.
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"GRADE" when used with reference to a
building or structure, means the average
finished ground elevation immediately
adjoining the wall or walls in question
or the base of the structure exclusive
of any artificial embankment.
GRADE
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"KENNEL" means a place where dogs or other KENNEL
household pets other than poultry are bred
and raised and are kept for sale or board.
"LOT" means a parcel of land or contiguous LOT
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 LOT,AREA
area within the lot lines of a lot.
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"LOT, CORNER" or "CORNER LOT" means a lot LOT, CORNER
situated at the intersection of two or
more streets or two parts of th~ same street
of which the two adjacent sides upon the
street line or street lines include an angle
of not more than one hundred and thirty-five
(135) degrees and where such adjacent sides
are curved, the angle included by the
adjacent sides shall be deemed to be the
angle formed by the intersection of the
tangents of the street lines drawn through
the extremities of the interior lot lines.
"LOT FRONTAGE" means the horizontal distance LOT FRONTAGE
between the side lot lines, such distance
being measured perpendicularly to a line
joining the middle of the front lot line
with the middle of the rear lot line.
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"LOT LINE" means any boundary of a lot. LOT LINE
"LOT LINE, FRONT" or "FRONT LOT LINE" LOT' LINE, FRONT
in the. case. of an interior lot, means the
line dividing the lot from the street.
In the case of a corner lot means the
shorter lot line and the longer lot line
abutting a street shall be deemed a side
lot line line.
"LOT LINE, REAR" or "REAR LOT LINE" LOT LINE, REAR
means the lot line farthest, from and
opposite to the front lot line.
"LOT LINE, SIDE" or "SIDE LOT LINE" LOT LINE, SIDE
means any lot line other than a front lot
line or rear lot line.
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"STREET" means a public highway which affords STREET
the principal means of access to lots
abutting therèto but does not include a
public lane or private right-of-way.
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"STREET LINE" means the dividing line
between a lot and a street.
STREET LINE
"STRUCTURE" means anything constructed or STRUCTURE
erected, the use of which requires location
on the ground, or attachment to something
having a fixed location on the ground and
includes walls, fences, signs, and billboards
but does not include freestanding walls,
hedges and fences.
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"USE" as a noun, means any of the fOllowing USE
depending on the context:
(a)
any purpose for which land,
buildings or other structures
may be arranged, designated,
designed, intended, maintained,
or occupied, or
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(b)
any occupation, business, activity
or operation carried on, or intended
to be carried on, in a building
or other structure or on land,
or
(c)
a 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.
"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".
"YARD" means a space, appurtenant to a YARD
building or structure, located on the same
lot as the building or structure, and which
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.
"YARD, FRONT" means a front yard extending YARD, FRONT
ac~~ss the- full w iGth ,0 f the lo.t--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, REAR" means a yard extending across YARD, REAR
the full width of the lot between the rear
lot line of the lot and the nearest~art of
any building or structure on the lot, or
the nearest open storage use on the lot.
"REAR YARD DEPTH" 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.
5.30 "YARD, SIDE" means a yard extending from YARD, SIDE
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" 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.
5.29
5.31
"ZONE" means an area delineated on a
Zoning Map Schedule and established and
designated by this By-Law for a specific
use.
ZONE
SECTION SIX
EFFECTIVE DATE
6.1 This By-LaW takes effect from the date of
passage by Council and comes into force
either upon approval by the Ontario Municipal
Board or upon compliance with subsection
39(26) of The Planning Act, R.S.O. 1980.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
dl/1t DAY OF 4t..íd,¿), 1982.
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Clerk ~ - ~ c
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TOWNSHIP ROAD
LOT 39
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SUBJECT PROPERTY
AREA TO BE ZONED AI
AREA TO BE ZONED EP,
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PART LOT 40
CON II N.D.R.
KINCARDINE TWP
COUNTY OF BRUCE
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LOT 4/
WT 42
SCALE
"4800
DATE
JULY 1982
DEPARTMEHf
BRUCE COUNTY PLA~ING DEPARTMENT
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to Byl w NO,82-34 passed th s
20th ay September, 1982 '
r Alvi~e~~:n..cn.--
MUriel P. Eskrick
Clerk
OWNER
PART LOT 40
CON II N.D.R.
KINCARDINE TWP
COUNTY OF BRUCE
SCAL£
1'4800
DATE
JULY '982
, DEPARTMENT
BRUCE: COUNTY PLAMIIING DEf'l'RTMENT
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SCHEDULE 3
STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN
AND PURPOSE AND EFFECT OF BY-LAW NO.
I, Muriel Eskrick, the Clerk-Treasurer have reviewed
By-Law No. K.:l-,34- of the Corporation of the Township of
Kincardine and I am of the opinion that the said By-Law is
in conformity with the approved Official Plan for the
Township.
The purpose of By-Law No. R.2-3t/.- is to zone a certain
parcel of land Agricultural (Al) and Environmental Protection
(EP) .
The effect of By-Law No. 1l;l-3¢ is as follows:
Agricultural (Al) permits a full range of
agricultural uses subject to certain minimum
requirements.
Environmental Protection (EP) is designed
primarily for flood and erosion control purposes.
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Muriel Eskrick
Clerk-Treasurer
Township of Kincardine
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SCHEDULE 4
STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR
THE BRUCE COUN,TY LAKE SHORE PLANNING AREA
I, W. D. Scott, the Chief Planning Officer of the Corporation
of the County of Bruce have reviewed By-law ~o¿r.~~~~ of The
Corporation of the Township of Kincardine.
I am of the op1n1on that the By-law is in conformity with
the Official Plan in effect for the Bruce County Lakeshore Planning
Area.
.~~
W. D. Scott
Director of Planning
County of Bruce
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Certificate under Section 35(27) of The Planninq Act
I, Muriel P. Eskrick, hereby certify that the notice for By-Law 62-34
of the Township of Kincardine, passed by the council of the Corporation
on the 20th. day of September, 1962 was given in the manner and form
and to the persons prescribed by regulation made by the Lieutenant
Governor-in-Council under subsection 24 of section 35 of The Planning
Act. I also certify that the 21 day objection period expired on
October 12, 1962 and to this date no notice of objection or request
for a change in the provisions of the by-law haS been filed by any
person in the office of the clerk.
Dated this 18th.
day of October, 1962
Muriel P. Eskrick
Clerk-Treasurer
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