HomeMy WebLinkAboutTWP 81 006 restrict use lt24
.,,,",, ",C: >,r,,;,!,>
.
..
.
.
-
4Þ'
NOTICE OF APPLICATION to the Ontario Municipal
Board by the Corporation of the Townahip of
Kincardine for approval of a by-law to regulate
land use passed pursuant to Section 35 of The
Planning Act.
tþ
,TAKE NOTICE that the Council of the Corporation of the Township
of Kincardine intends to apply to the Ontario Municipal Board
pursuant to the provisions of Section 35 of The Planning Act
for approval of By-Law No. g \ - ö<o passed on the ~
day of ~, 1981. A copy of the by-law is furnished
herewith and a note giving an explanation of the purpose and
effect of the by-law and stating the lands affected thereby is
also furnished herewith.
'J
I
ANY PERSON INTERESTED MAY, within twenty-one, (21) days after
the date of this notice, send by registered mail or deliver to
the clerk of the Township of Kincardine notice of objection to
approval of the said by-law or part thereof giving details of
all or the portion of the by-law to which you object and reasons
therefor, and shall indicate that if a hearing is held the
objector or agent will attend at the heari~g'to ~upport the
objection. .
ANY PERSON, wishing to support the application for approval of
.the by-law may within twenty-one (21) days after the date of
this notice send by registered mail or deliver to the clerk of
the Township of Kincardine notice of his support of approval of
the said by-law together,with a request for notice of any hearing
that may be held giv~ng the name and address to which such notice
should be given.
THE ONTARIO MUNICIPAL BOARD may approve of the said by-law but
before doing 50 it may appoint a time and place when any
objeation to the by-law will be considered. Notice of any hearing
that~ay be held will be given only to persons who have filed an
objection or notice of support and who have left with or delivered
to the clerk undersigned, the address to which notice of hearing
is to be sent, and similarly, to any person who has filed a request
for a change in the provisions of the by-law.
THE LAST DAY FOR FILING OBJECTIONS WILL BE
.
DATED at the Township of Kincardine this J (" 'I+. day of fY\A~c..H
1981.
Muriel P. Eskrick
Clerk-Treasurer
Township of Kincardine
R. R. # 5
Kincardine. Ontario NOG 2GO
-------
, ....~
·
. "
.1
'.
·
·
¡r-'
_.' '1
.
.
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
.
BY-LAW NO.
81--ðIP
B~ING A BY-~W, 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.
-'\o,i
BE IT ENACTED by the Council of the Corporation of the Township
of Kincardine, as followe:
SECTION I - TITLE AND SCO?E
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.
'81 - O(P
1.3
Confo~,ity Requirement
,~o land, building or structure shall be used and no
building or structure shall be erected, altered or
enlargeã 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 ere~ted, altered, enlarged or used
in violation of any of the provizions in this by-law.
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.
-'1(;
"
~." .~w
·
·
·
.
.
~'t
.
.
.
.,.
I
I
I
(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.
ç) 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.
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 work "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.
'"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.
\
~..,... . .
"," .' .. .,"~ .
·
"
.l
,
!
·
ftERECT" 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
dõCüment legally capable of conveying title to or interest in
land.
,
~
"MAIN BUILDING" shall mean the building designed or used for the
principla 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 which 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.
nUSE" as a verb means anything permitted by the owner or
oëCUpant 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 prupose of making use of the said land, building or
structure. The phrase nused forn includes arranged for, designed
for, maintained for, or occupied for.
· nUSE" 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.
nYARD" 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
Mun1c1pa11ty tor the time being charged with the duty of
enforcing the provisions of the zoning by-laws of the Corporation.
,. l
.
SECTION 4 - GENERAL PROVISIONS
.
·
4.1 Greater Restrictions
·
Nothing in this by-law shall reduce the severity of
restrictions l8wfully imposed by a government authority
having jurisdiction to make such reatrictions.
4.2 Number of BuildinQs Per lot
Not more than one main building or structure may be
erected on one ¡at.
4.3 Calculstion Of ParkinQ Spaces
When a building or lot accommodates more than one use or
purpose, the required parking spBces shElll be the SU11 total
of the required parking IIpBceS for the separate uses Dr
purpoBes.
4.4 Size And ACCBBSibilitv Of Parkino Space
å) Every parking space shall have a rectsngulBr Brea
having a min~ lengtb of 20 m snd a minimum width
of 10 m, shall be accessible from s public street,
and shall be Bccessible from unobstructed msnouvering
Bisles.
·
b) PBrkingcareas and associsted driveway systems ahall
be designed in such B manner so that any vehicle
entering or leaving B street need not travel in a backwards
motion.
4.5 SurfscinQ And Drainino Of ParkinQ Areas
Parking aress and driveways shall be surfaced and maintained
with concrete, asphalt, or other hsrd surfBce Bnd dustless
materisls. Drainage shsll be provided so ss to prevent
the flow of surface water onto adjoining lots.
4.6 Illumination Of ParkinQ Aress
When psrking areas Bnd/or driveways are illuminsted,
lighting fixtures shall be so arrBnged that no part of any
fixture shall be more then 9 m Bbove the edjoining finiBhed
grade and light shall be directed downwerd and away from
sdjoining lots.
· SECTION 5 - INSTITUTIONAL ZONE (I)
5.1 Permitted Uses
Notwithstanding the provisions of By-Law 81-02 the landB shown
on schedule "A", attached hereto and forming part of this
By-Law, with the zone symbol (I) Institutional may be used for
a church snd UBeS scces.ory thereto.
5.2 Lot And BuildinQ Reoulations
a) Minimua Lot Area 0.975 he
b) Minimua Lot Frontage 106 m
c) Minimun Yards 9 m
d) Maximum Building Height 12 m
e) Minimum Parking Requirements
·
i) one permanently maintained parking apace shsll be
provided for each 10 fixed seate or if no fixed seats,
one spsce for each 10 sq. m of floor ares used for
seating or fraction thereof, plus one space for any
sccesSDry residential premises;
-
, f
, ',j,
-":"'''''"''"f~T;·
.',
~ .~,
, ,
.
.
·
·
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 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
PASSED THIS / ~ rA. DAY OF ~t1A..(I.J..
TIME AND FINALLY
I A.D.,
1981>-
"
I aft dL¡~ J
I REEVE
· I
BY-LAW 'NO.
~~~~Æ~~/~Ø
APPROVED BY ORDER NO.
OF THE
ONTARIO MUNICIPAL BOARD DATED
.
·
·
rf!
N
r-
~
...
~
-
. .
:z.
J
ot
~
T
'...
'"
II! .
¿
'"
"
"-
OJ.!
<L
Z
Z <:: -It
~ ..J.
"-
..
V' "'
d r
r -
v V'
...
2 1
-
c.
<!
<C
<-
Z
-
~
.
:t:' 0
~
0
~ II
0 =
II ~
II
l! qI
/) ~
2 \J
, VI
J
J
i
,b-'
\:j
, ,
f:)
\>
(,
B
~
,to)
¢¡
,
V
r
~
V
. ,'V
';, v
cI
_I ;.1
\) V
'" V
N\ \J
,
'J
y
:.1
'v
'.,
..;
II
rJ
~
:y,¡
,}
'"
l "
,
'Í
OJ
"
(j,
-1- .-
\
"
SCHEDULE "A"
.
.....
~
'-
ï
.;? -/ ,)<J<ei.
,'. ,C'.'::,', r'",-c..,·,,-,', (',0
..,'~~,..
,~
o I III
I
rJ
r,--,..,-
, .
-'---'"''-'( Q:::~'"
v
-"
I-ru
-.1 ("'U It
~¡
'~
--
...... -"t-
. .
I" _
\ - >
,; ~
'" "
\ ~ .
,'-\'\13.
v- ...-
o
,
. --y- CJ-L~---">
I '
I
_..~-_._--
,7"t1
H
~p:
~
1
...
~:
f"'I' .sdl~:>:).s '9I\1I'){¡-iYd
- .1.
.J ....-
'"
I Ii
..
'"
IlL
"
v
'<:.
"
'"
"
v
v
'ot:
:
o
~I
<>
'-"
'"
)r- III
UJ o:L 1.5
<:L \) "<
::> V'
<I' C ~
f- l!J -1 . :o.s :::c.
::s V .
.-
LL \.¡ ::::s
o:t. ál
.~? -, .~..,£..
1\
-- .--. -
/
, ,
_1-._
,
I
-,-
.....
'v' __
-~~--
'-. ,.
::--.- -~
-
,/
, ....c--
:.-=:: >
-
'--.-
- ,
.-
:.~\.;.~ --~ <:;
',././ '-~-''''''-'
.~.:¿--~\;~.:..-....._-
.. .!
"j' . j
1fi~,;i"',_~i
':_i~~~~~¡~}(.~~~
" '\~'1'
1-
tegal 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 I on Reference Plan
#3R-2710. Ii
THIS IS SCHEDULE "A" to By-law No. R/-{')~ passed this It.
day of m#~~, 1981,.
ál)~21::-L- .
REEVE
~dnLP~~M~
CL K
T1
, I
I '
-, ~
~¡ I
<:
\- I
I
I
-+
I
I
I
I
I·
I
I
I
I
I
,
I
;;1
~I
3
~I
~I
il
I
I
I
I
I
I
"