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HomeMy WebLinkAboutTWP 81 002 use of land Holding J ,.. .... ,......,- ",~f " -,-." . - · · · . NÔTICE OF APPLICATION to the Ontario Municipal Board by the Corporation of the Township of Kincardine for approval of a by-law to regulate land use passed pursuant to Section 35 of The Planning Act. ~ 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. 81-02 passed on the 2nd day of Februarv , 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. 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 hearing to Gupport 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 tègether with a request for notice of any hearing that may be held giving 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 so it may appoint a time snd place when sny objection to the by-law will be considered. Notice of any hesring that ,may 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 sen~ and similarly, to any person who has filed a request for a change in the 9rovisions of the by-law. I ~ ~'l I \ " THE LAST DAY FOR FILING OBJECTIONS WILL BE Mav 13. 1981 . DATED at the Township of Kincardine this 22nd day of April 1981. Muriel,P. Eskrick Clerk-Treasurer Township of Kincardine R. R. # 5 Kincardine. Ontario NOG 2GO I ~ I '., "·'''>'i':·:< r ~'-"", ",.." '. · · · - . . EXPLANATORY NOTE Restricted Area By-law No. 81-2 of the Corporation of the Township of Kincardine Zoning By-law No. ~ was passed under Section 35 of The Planning Act, R.S.O. 1970 c. 349, as amended. Purpose of By-law The Township of Kincardine is currently preparing a Comprehensive Restricted Area Zoning By-law for all of the lands within its boundaries and the purpose of By-Law Bl-2 is to provide an interim zoning By-Law to regulate the use of landlãñd the erection and use of buildings and structures within the Township until such time as the comprehensive By-Law is app~oved. The effect of By-Law No. ~ is as follows: By-Law Bl-2 prohibits the use of lands, buildings or structures within the Township of Kincardine except for such purposes as are set out in the By-Law. Location of land affected by the By-law By-law 61-2 applies to all of the lands within the limits of the Township of Kincardine. The following imperial equivalent to the metric unit mentioned in By-Law No. 6l~ are provided for information purposes only: 20 hectares 10 metres 30 metres 100 sq. metres 1,600 sq. metres 50 acres 30 feet 100 feet 1,080 sq. feet 9,375 sq. feet µ;:.: , . ~~T: .1 I · · · --, ~ ~ ,.~,."',..-",-,-",~- . . TOWNSHIP OF KINCARDINE BY-LAW NO. ð'/-/J£ A By-law to regulate the use of land and the erection and use of buildings and structures in the Township of Kincardine. WHEREAS it is considered desirable for the adequate control of development within the defined area of the municipality of the Township of Kincardine, to regulate the use of land and the character, use and location of all buildings and structures thereon¡ NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF KINCARDINE pursuant to its powers under Section 35 of The Planning Act, ENACTS AS FOLLOWS: 1. The provisions of this By-law shall apply to all the lands within the municipality of the Township of Kincardine with the exception of those lands to which the 'following By-laws apply: (a) By-law No. 69-25 (e) By-law No. 80-9 (b) By-law No. 71-12 (f) By-law No. 80-17 (c) By-law No. 71-22 (g) By-law No. 80-20 (d) By-law No. 72-13 j 2. No land or buildings or structures shall be used for any purpose other than the use existing for such land, building or structure on the date of the passing of this By-law with the exception of those permitted in Sections 6 and 7. 3. No building or structure shall hereafter be erected or altered and no change of use in any building, structure, lot, or premises, shall be made except in conformity with the provisions of this By-law, unless the plans for such erection, alteration or change in use have, prior to the day of the passing of this By-law, been approved by the Chief Building Official but no further erection or alteration or change of use shall be permitted. 4. Nothing in this By-law shall apply to prevent the reconstruction of any building or structure that is damaged by causes beyond the control of the owner subsequent to the date of the passing of this By-law, provided the reconstruction of such building or structure will not increase the height, size, or volume, or change the use of such building or structure. ',C' ---.¡; ..' ... . . . - 2 - 5. Nothing in this By-law shall apply to prevent the strengthening or restoration to a safe condition of any . building or structure or part of any such building or structure or alteration or repair of an existing building or structure, provided such alteration or repair will not increase the height, size, or volume, or change the use of such building or structure. 6. Nothing in this By-law shall apply to prevent any land from being used for any agricultural use, including one accessory farm dwelling, providing there is a minimum lot size of 20 hectares and minimum front, side and rear yards of 10 metres, except where an agricultural building abuts a neighbouring residential use, then such agricultural building will be set back a minimum distance of 30 metres. tIÞ 7. Nothing in this By-law shall prevent any lot on a registered plan of subdivision, where such subdivision has not been deemed not to be a registered subdivision, from being used for the construction of one detached residential dwelling and accessory buildings provided the fOllowing provisions are met: (a) the minimum lot area shall be 1800 square metres, (b) the minimum lot frontage shall be 30 metres, (c) the minimum dwelling unit floor area shall be 100 square metres, (d) the minimum building setback from all property lines shall be 10 metres. tIÞ 8. No permit shall be issued for any building or structure unless the lot, upon which the building or structure is to be located, has frontage on an opened and maintained municipal road. 9. Any person convicted of a breach of any of the provisions of this By-law shall forfeit and pay, in the descretion of the Convicting Magistrate, a penalty not exceeding the sum of One Thousand Dollars ($1,000.00) exclusive of costs, for each offence. Every such penalty shall be recoverable under The Summary Convictions Act. 10. The provisions of Section 9 shall be in addition to any other remedy which the Corporation of the Township of Kincardine or a ratepayer thereof, may have to restrain by tIÞ action a contravention of this By-law. .. , ~ !t ~ . · · · ,-": . - 3 - e 11. This By-law shall come into force and take effect on the day it is passed by the Council of the Corporation of the Township of Kincardine, subject to the provisions of The Planning Act, R.S.O. 1970 and amendments thereto. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS ~/}?élo DAY OF '" ~~ {~J~~(f'~9_8l ~.D. , , "''' ~ '. ã-¡¿: J 4~~ ~ -~='/~ - ',¡""'"-- REEVE '':, -; _ ~ ,'c-_ -...,;: ~ -..... " -' ~ - J7ZLL,/jJl?~-~!h~= .~ -"-- '->~ /.;.... - '- ''''- ,. '.,' ~- ~ ,,/ .... -- "--"-"-