HomeMy WebLinkAboutTWP 81 002 use of land Holding
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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.
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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.
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THE LAST DAY FOR FILING OBJECTIONS WILL BE Mav 13. 1981
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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
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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
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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.
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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.
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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.
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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. ,
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