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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 "