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Home My WebLink AboutTWP 81 015 zon Christian church /' ,.~ (~ - - -I . . THE CORPORATION OF THE TOWNSHIP OF KINCARDINE BY-LAW NO. /?/ /:J BEING A BY-LAW, pursuant to Section 35 of The Planning Act, R.S.O. 1970, as amended, restricting the use of Part of Lot 24, Lake Range, Concession A, Township of Kincardine, and the erection and use of buildings and structures thereon. BE IT ENACTED by the Council of the Corporation of the Township of Kincardine, as follows: SECTION I - TITLE AND SCOPE 1.1 Title of By-law This By-law may be cited as Zoning By-law No. )?/_/~. 1.2 Application of By-law The provisions of this by-law shall apply only to the lands outlined in the heaviest black broken line on Schedule A attached hereto. 1.3 Conformity Requirement No land, building or structure shall be used and no building or structure shall be erected, altered or enlarged except in conformity with the provisions of this By-law. 1. 4 Zoning The lands outlined in the heaviest black broken line on Schedule A attached hereto are hereby zoned Institutional (I). SECTION 2 - ADMINISTRATION 2.1 Schedules Schedule A attached hereto shall be deemed to form part of this By-law. 2.2 Administration and Enforcement This By-law shall be administered by the Chief Building Official or such other person as the Council designates and no permit for the use of land, the erection or use of any building or structure, or approval of an application for any municipal licence within the jurisdiction of the Council shall be issued or given where the proposed building, structure, or use would be in violation of any of the provisions of this By-law. 2.3 Inspection The Chief Building Official or Zoning Administrator or any officer or employee of the Corporation under the direction of Council, upon producing proper identification, may enter at all reasonable times to inspect and examine any building or premises to which this by-law applies where there is reason to believe that any land has been used or any building or structure has been erected, altered, enlarged or used in violation of any of the provisions in this by-law. " '. 9 , , -I , ! . . - 2 - 2.4 Violations and Penalties (a) Every person who contravenes any of the provisions of this by-law is guilty of an offence liable on summary conviction to a fine of not more than $1,000 exclusive of costs. (b) Every such fine shall be recoverable under the Summary Convictions Act all the provisions of which apply except that any imprisonment shall be as provided in the Municipal Act. 2.5 Remedies a) In case any building or structure is, or is proposed to be, erected, altered, reconstructed, extended or enlarged or any building or structure (or part thereof) is, or is proposed to be, used in contravention of any requirement of this by-law such contravention may be restrained by action at the insistance of any ratepayer or of the Corporation pursuant to the provisions of the Municipal Act in that behalf. b) Where a person guilty of an offence under this by-law has been directed to remedy any violation and is in default of doing any matter or thing required such matter or thing shall be done at his expense. c) Where a person has refused or neglected to reimburse the Corporation for the costs of such work, thing or matter done, the same may be recovered by the Corporation in like manner as municipal taxes. 2.6 Other By-laws The provisions of By-law No. 81-02 shall not apply to the lands affected by this By-law. SECTION 3 - DEFINITIONS For the purposes of this By-law the following definitions shall apply: "ACCESSORY" shall mean a use, a building or structure that is normally incidental, subordinate and exclusively devoted to supporting the main use, building or structure and is located on the same lot therewith. "ALTER" when used in reference to a building or part thereof means to change anyone 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 required yards, setback, 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 the said lot, or otherwise. The words "altered" and "alteration" have a corresponding meaning. "BUILDING" shall mean 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" shall mean the officer or employees of the Corporation for the time being charged with the duty of enforcing the provisions of the Ontario Building Code Act. "CHURCH" shall mean the buildings used in conjunction with the worship of God by the parishioner from time to time and may include a parsonage. '. . . . ""-' - . . - 3 - "CORPORATION" shall mean the Corporation of the Township of Kincardine. "COUNCIL" means the Municipal Council of the Corporation. "DRIVEWAY" shall mean a vehicular passageway having at least one end thereof connected to a public thoroughfare and providing ingress to and/or egress from a lot. "ERECT" means and includes, when used with reference to a building or structure, build, construct, enlarge, alter, remove, relocate, and also includes any preliminary physical operation such as excavating, filling or draining and further includes any work for which a building permit is required under the building by-law of the Corporation. The words erected and erection shall have the corresponding meaning. "HEIGHT" shall mean 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 the use permitted. "LOT" shall mean a parcel of land described in a deed or other document legally capable of conveying title to or interest in land. "MAIN BUILDING" shall mean the building designed or used for the principle use of the lot. "PARKING SPACE" shall mean an area of land within Schedule "A" used for the temporary parking of private motor vehicles or permanent parking of church officials. "PARSONAGE" shall mean the residential premises used to house the minister and his family from time to time. "STRUCTURE" shall mean anything constructed or erected, the use of wh~ch requires location on the ground, or attachment to something having a fixed location on the ground, and including walls, fences, signs and billboards. But for the purposes of this By-law, a fence not exceeding six feet (6 ft.) in height shall not be deemed to be a structure and for the purposes of set backs and/or yards required in this By-law, a sign shall not be deemed to be a structure. "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 or consent 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. "USE" as a noun means any of the following depending on the context: a) any purpose for which land, buildings or structures may be arranged, designated, designed, intended, maintained or occupied, or b) any occupation, business, activity, organization carried on or intended to be carried on in a building or structure or on land, or c) the name of a tract of land or a building or structure which indicates the purpose for which it is arranged, designated, intended, maintained or occupied. '. .' . -, i _i - . . ! . - 4 - "YARD" shall mean a space, appurtenant to a building or structure located on the same lot therewith and which space is open, uncovered and unoccupied from the ground upward. "ZONING ADMINISTRATOR" shall mean the officer or employee of the Municipality for the time being charged with the duty of enforcing the provisions of the zoning by-laws of the Corporation. SECTION 4 - GENERAL PROVISIONS 4.1 Greater Restrictions Nothing in this by-law shall reduce the severity of restrictions lawfully imposed by a government authority having jurisdiction to make such restrictions. 4.2 Number of Buildings Per Lot Not more than one main building or structure may be erected on one lot. 4.3 Calculation of Parking Spaces When a building or lot accommodates more than one use or purpose, the required parking spaces shall be the sum total of the required parking spaces for the separate uses or purposes. 4.4 Size and Accessibility of Parking Space a) Every parking space shall have a rectangular area having a minimum length of 20 m and a minimum width of 10 m, shall be accessible from a public street, and shall be accessible from unobstructed manouvering aisles. b) Parking areas and associated driveway systems shall be designed in such a manner so that any vehicle entering or leaving a street need not travel in a backwards motion. 4.5 Surfacing and Draining of Parking Areas Parking areas and driveways shall be surfaced and maintained with concrete, asphalt, or other hard surface and dustless materials. Drainage shall be provided so as to prevent the flow of surface water onto adjoining lots. 4.6 Illumination of Parking Areas When parking areas and/or driveways are illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 9 m above the adjoining finished grade and light shall be directed downward and away from adjoining lots. SECTION 5 - INSTITUTIONAL ZONE (I) 5.1 Permitted Uses No person shall, within the Institutional Zone (I), use any land or erect, alter or use any building or structure for any purpose except a church and uses accessory thereto. , . . . ~ - 5 - :- 5.2 and Building Regulations Lot a) Minimum Lot Area 0.975 ha b) Minimum Lot Frontage 106 m c) Minimum Yards 9 m d) Maximum Building Height 12 m e) Minimum Parking Requirements i) one permanently maintained parking space shall be provided for each 10 fixed seats or if no fixed seats, one space for each 10 sq. m of floor area used for seating or fraction thereof, plus one space for any accessory residential premises; - ii) for the purposes of paragraph (i) above, if seating accommodation is provided by benches 0.5 m of bench space shall be considered as equivalent to one seat. SECTION 6- ENACTMENT 6.1 By-laws Repealed By-law No. 81-06 is hereby repealed. 6.2 Effective Date This By-law shall come into force and take effect upon being passed by Council, subject to the approval of the Ontario Municipal Board. . '=' THIS BY-LAW READ A FIRST, SECOND AND THIRD /'7 ti DAY OF TIME AND FINALLY ,_,~SED THIS /.~ ""'...... ". ,'- --, '.. . hl~Ül~ , A.D., 1981.. , -j- "1.-- .....-:'--,.. ".- - r: ..;, : r·. . ....,j. ~/ . J - ~ .' - - . / .;. :,~Q "dl-~' REEVE ~/~Jd£ ~~!~þ C RK '~.._._~...- BY-LAW NO. APPROVED BY ORDER NO. OF THE ONTARIO MUNICIPAL BOARD DATED . - ~ - , z 6 ~ -'" C< ~ ~ t "- . '" -"- G r- -, t, '.I' ~ B 1 ~ ~ > ~ ..... . V 'v e : o ,I <:) " - ~ <V ~ \J V) ~~ I- . -0 . ..J rf' N t- ~I '..::1 :-.! ß v . ,v .-~ v -' d V (J VI J "" Y "J v .J v ...; .~ rJ ~ :~ '.1 -" " , 'í 'J íi ,;¿, ,- SCHEDULE "An . k . \ .>-,'" ~j ! ~:~Ç..~è..Q..,_~·.s.c-~~h'-,.¡º~»~~ G,..'.ó.D-- - ~). I ')~ I \I c::. o I III ,"'W .- ~. g! É~ , . 0 ;~ r.J -.-~.,.,-c,. - ._._._~_¡ \\\)-: , ',. '< , ~ . ,\\..\11 I- ~ -- ~H-HtH ~ ... --,... ,c>L ...... ..... .5~"':>:J5 '9\\jI'.of(tVd - - - - .~ '" -I:Þ - II i ' ~ '^ IU. <J V <. I I " " .. v v "< : " ,I ,'t .. 1". .'>- VI UJ ':L I.!J <:L í) 'Z ::¡ V' - I/' C .':).$ X r l!J -1 , ::s V , .- LL \oJ :::; q:, cíl ," ry - .~.J ~ " \ \ '- I , I /(-,---' L. t -- / I / (/ ~ I - ~~_.-~- LEGAL DESCRIPTION ALL AND SINGULAR, that certain parcel or tract of land and premises, situate, lying and being in the Township of Kincardine, in the County of Bruce, and Province of Ontario, and being composed of Part of Lot 24, Concession A in the said Township, being more particularly described as Part 1 on Reference Plan #3R-2710. THIS IS SCI-EDULE "A" to By-Law No. 81-15 passed this 17th day of August, 1981. /'if-, dlj~ J REEVE , ~~hn/~h/Þ~ I '1~ ¡ I I - - I I I I -+ I I I I I· I I I I I I I -I N ~I J ;1 ~ ~ I- ïl I I I I I . - ~~ - .1 I - . '~ . . EXPLANATORY NOTE Restricted Area By-law No. x/- /S- of the Corporation of the Township of Kincardine. ( Zoning By-law No. ð"/-/S- was passed under Section 35 of The Planning Act, R.S.O. 1970 c.349, as amended. The purpose of By-law No. ).?/ /~ is to zone a parcel of land Institutional (I). The effect of By-law No. )?/-/~ is as follows: The Institutional Zone (I) permits a church and uses accessory thereto. The lands affected by By-law No. ¿?(_/jÍ are located in Part of Lot 24, Lake Range, Concession A ~n the Township of Kincardine and shown in more detail on the attached Schedule 'A'. t~ , '; ,@) ..' Ontario ~ MiJry of Municipal Affairs end Housing Plans Admi"tion Division . Ministry of Æìcipal Affairs and Housing 56 Wellesley St. W. TORONTO, Ontario M7A 2K4 - 1981 09 09 Memorandum to: Mr. K. C. Andrews Secretary Ontario Municipal Board 1t{,~ From: D. Obright Senior Planner community Planning Review Branch Subject: Township of Kincardine By-law No. 81-15 - Conformity with Official Plan This by-law conforms to the official plan covering this area. , cc: Clerk /' Planning Dept. NS/bw --" ~---'_.."";"'-' .... .....-- ~.;. ., 4. ~~ .......... _.~...-......" "'" '-. ~ "..." 1311-73161 ì