HomeMy WebLinkAboutTWP 80 020 restrict area Murray
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NOTICE 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 Ac~
for appr~ O~y-laW No. Rt?-,,:l/J passed on the â<?AV
day of T:':. ..I.), 1980. A copy of the by-law is furn~shed
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 support 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 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 and place when any
objection to the by-law will be considered. Notice of any hearing
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 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 ~J"~» /2,i/?S'/J.
DATED at the Township of Kincardin~ this n1:l /YJL day of
O¡?*L~.v , 1980.
Muriel Eskrick
Clerk-Treasurer
Township of Kincardine
R. R. #5
. Kincardine, Ontario
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. EXPLANATORY NOTE
e
Restricted Area By-law No. f?O-'¡O
of the Corporation of the Townsh~p of
Kincardine.
Zoning By-law No. }(¿)-~O was passed under Section 35 of
The Planning Act, R.S.O. 1970 c.349, as amended.
The purpose of By-law No.
parcel of land Residential
Agriculture (AI).
~-~iS to zone a certain
Rl), Residential (Rl-l) and
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The effect of By-law No. ~l?-~O is as follows:
Residential (R1) and Residential (Rl-l) permits
residential dwellings, and accessory uses subject
to certain minimum requirements.
Agriculture (AI) permits certain agricultural uses,
excludinq livestock operations.
The lands affeèted by By-law No. 8'0- .20 are located in
part of Lot 46, Con. A, west of the Lakeshore Road, in
the Township of Kincardine and shown in more detail on the
attached Schedule 'A'.
The following imperial equivalents to the metric units
mentioned in By-law No. 8'0-.;/0 are provided for information
purposes only:
0.2 m2 2 sq. ft. 3 m 10 ft.
100 m2 1,100 sq. ft. 4 m 13 ft.
140 m2 1,500 sq. ft. 8 m 26 ft.
1675 m2 1,830 sq. ft. 27 m 89 ft4
. 23000 m2 247,500 sq. ft. 100 m 330 ft.
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ECTION 1
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
B:Y-LAW NO.
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Being a Restricted Area (Zoning) By-law to
regulate the use of land and the size and
location of buildings and structures
The prov~s~ons of this By-law shall apply only
to the lands outlined in the heaviest black
broken line on Schedule "AM attached hereto.
The lands outlined in the heaviest black
broken line on Schedule "A" attached hereto,
and identified by the zone symbols Rl and Rl-l
are hereby zoned Residential.
.3 The lands outlined in the heaviest black
broken line on Schedule "A" attached hereto,
and identified by the zone symbol AI, are
hereby zoned Agriculture.
· tECTION 2 .
. GENERAL PROVISIONS
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Except as provided by The Planning Act, no
building, structure or land shall be used and
no building or structure shall be erected,
altered or enlarged within the lands described
in this By-law, unless it is in conformity
with the provisions of this By-law.
Schedule "A" attached hereto shall be deemed
to form part of this By-law.
This By-law shall be administered by the Chie~
Building Official or such other persons as
the Council designates.
No building permit shall be issued for any
proposed building or structure or use that
would be in violation of any of the provisions
of this By-law.
The Chief Building Official or any officer
designated by Council is hereby authorized
to enter, at all reasonable hours, upon any
property or premises for the purpose of
carrying out his/her duties under this By-law.
Every person who contravenes any of the
provisions of this By-law shall upon con-
viction be liable to a fine not exceeding
one thousand dollars ($1,000) exclusive
of costs, which shall be recoverable under
the Municipal Act and the Summary Convictions
Act, as amended from time to time.
Where any building or structure is proposed
to be erected, altered, enlarged or recon-
structed, or where any land is proposed to be
used in contravention of the provisions of
this By-law, the same may be restråined by
action at the insistance of any ratepayer or
of the Council pursuant to the provisions of
The Planning Act.
APPLICATION
ZONING
CONFORMITY
SCHEDULES
ADMINISTRATION
BUILDING
PERMITS
INSPECTION
VIOLATION
AND
PENALTY
REMEDIES
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This By-law does not affect the rights of any
party concerned in any action, litigation or
other proceeding· pending on the date of the
final passage thereof, except to the extent
to be determined in the final adjudication
of such action.
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Notwithstanding anything contained in this
By-law, the Corporation, any telephone or
telegraph company, any transportation system
owned or operated by or for the Corporation,
any Department of the Federal Government or
Ministry of the Provincial Government may,
for the purpose of the public service and
utility, use any land, building or structure
in any zone, notwithstanding that such use
building or structure does not cOnform to
the provisions of this By-law for such zone.
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RESIDENTIAL (Rl)
~.l No person shall within the Residential
, (Rl) Zone use any lot or erect, alter or use
any building or structure for any purpose
except the following:
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(a) a Detached Dwelling'
(b) a Ho~e Occupation
(c) Accessory Uses
No dwelling or accessory building shall be
erected on any lot with an area of less than
1675 square metres.
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No dwelling or accessory use shall be
erected on any lot having a frontage of less
than 27 metres.
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The total lot coverage for all buildings or
structures shall not exceed 20 per cent of
the area of any lot.
No one storey dwelling, excluding any
accessory use, shall have a floor area of
less than 100 square metre~.
No split-level dwelling, excluding any
accessory use, shall have a floor area of
less than 140 square metres.
No two storey dwelling, excluding any
accessory use, shall have a floor area of
less than 140 square metres. .
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No dwelling or accessory use shall have a
front yard depth of less than 8 ~etres.
No dwelling or accessory use shall have a
rear yard depth of less than 8 metres.
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No dwelling or accessory use shall have an
interior side yard width of less than 3
metres.
No dwelling or accessory use shall have an
exterior side yard width of less than a
metres.
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LITIGATION
SERVICES AND
UTILITIES
LAND USE
LOT AREA
LOT FRONTAGE
LOT COVERAGE
ONE STOREY
DWELLING
SPLIT-LEVEL
DWELLING
TWO STOREY
DWELLING
FRONT YARD
REAR YARD
INTERIOR SIDE
YARD
EX'l'ERIOR SIDE
YARD
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Not more thån one dwelling shall be
erected or used On any single lot.
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Accessory uses shall not exceed 4 metres
nor one storey in height and shall not occupy
more than 5 per cent of the area of any lot,
and when not attached to the dwelling, shall
be located in the rear yard.
No mobile home or travel trailer shall be
parked, erected or situated in any manner,
whether permanently or temporarily on any
lot.
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RESIDENTIAL (Rl-l)
.15 Notwithstanding their RI zoning designation
the lands delineated as Rl-l on Schedule A
of this By-law shall only be used in compliance
with the Rl Zone provision contained in this
By-law excepting. however, that no dwelling shall
have a rear yard depth of less than 30 metres.
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ECTION 4
AGRICULTURE (AI)
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No person shall within the ~griculture (AI)
Zone use any lot or erect, alter or use any
building or structure for any purpose except
the following: .
(a) an Agricultural Use
No lot shall have an area of less than
23000 square metres.
No lot shall have a frontage of less than
100 metres..
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ECTION 5
DEFINITIONS
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"ACCES~ORY USE" means a use, building or
a structure that is not used for human
habitation and is subordinate and ex-
clusively devoted to a main use, building
or structure and located on the same lot
therewith.
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"AGRICULTURAL USE" means the use of land,
buildings or structures for the growing of
field crops, berry crops, tree crops,
flower gardening, forestry and reforestation;
but in no way shall include the grazing,
breeding, raising, boarding or training
of U.vestock.
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"BUILDING" means 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.
"BUILDING BY-LAW" means any by-law of the
Corporation regulating the erection, alter-
ation and repair of buildings, for the time
being in force and shall include the Ontario
Building Code.
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ONE HOUSE PER
LOT
ACCESSORY
BUILDING
REQUIREMENTS
MOBILE HOME
LAND USE
LOT AREA
LOT FRONTAGE
ACCESSORY
AGRICULTURAL
BUILDING
BUILDING
BY-LAW
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"CHIEF BUILDING OFFICIAL" means the officer
or employee of the Corporation for the time
being charged w~th the duty of enforcing the
provisions of the Building By-law of the
Corporation.
"CORPORATION" means the Corporation of the
Township of Kincardine.
"COUNCIL" means the Council of the
_Corporation of the Township of Kincardine.
"DWELLING UNIT" means two or more rooms
used for the domestic use of one or more
individuals living as a single house-
keeping unit, with cooking, living, sleeping
and sanitary facilities.
"DETACHED DWELLING" means a separate dwelling
unit constructed for permanent use and
containing only one dwelling unit.
"FLOOR ~" means the aggragate of the
horizontal areas of each floor, whether any
such floor is above or below grade, measured
between the exterior faces of the exterior
walls of the building or structure at the level
of each floor, exclusive, however, of:
(1) any part of the building or structure
below grade which is used for heating
equipment, the storage or parking of
motor vehicles, locker storage and
laundry facilities, children's play
areas and other accessory uses¡ and
CHIEF
BUILDING
OFFICIAL
CORPORATION
COUNCIL
DWELLING UNIT
DETACHED
DWELLING
FLOOR AREA
(2) any private garage, carport, porch,
verandah, sun room (unless such sun room
is habitable at all seasons of the year,)
"HEIGHT" means the full height of a building 'HEIGHT
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
incl~ding any chimney, tower, antenna, electrical
apparatus or structure for the mechanical or
communications equipment required for the
operation of the building or use permitted.
"HOME OCCUPATION" means any occupation for gain
or support conducted entirely within a
dwelling by members of the family residing
in such dwelling provided that:
(a) there is no external display or
advertising other than a sign not larger
than 0.2 m2¡
(b) there is no external storage of goods or
material¡
(c) such home occupation is secondary to the
main residential use and does not change
the residential character of the dwelling
nor create or become a nuisance, in
particular with regard to noise, traffic
or parking¡
(d) not more than 25% of the total floor area
is used for the home occupation use;
(e) there are no persons employed;
(f) there is no mechanical or other equipment
used except that which is customarily
employed in dwellings for domestic or
household purposes.
HOME
OCCUPATION
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"LOT" LOT
(i) means a parcel of land or contiguous
parcelS of land under one ownership,
having frontage on a public street
and which is described in a deed or other
document legally capable of conveying
an interest in land and which is on
record in the Registry Office for the
Bruce Registry Division! or
(ii) shown as a lot or block on a Registered
Plan of Subdivision, but a Registered
Plan of Subdivision for th~ purposes
of this paragraph does not include a
Registered Plan of Subdivision which
has been deemed not to be a Registered
Plan of Subdivision under a by-law
passed pursuant to Section 29 of The
Planning Act, being chapter 349 of
the Revised Statutes of Ontario, 1970,
as amended from time to time.
"LOT, AREA" means the total horizontal area
within the lot lines of a lot.
"LOT, CORNER" means a lot situated at the
intersection of, or abutting upon, two or more
streets.
LOT ,AREA
LOT, CORNER
.16 "LOT, FRONTAGE" means the horizontal distance LOT, FRONTAGE
between the side lot lines, such distance being
measured perpendicularly to a line joining the
middle of the front lot line with either the
middle of the rear lot line or the apex of
the triangle formed by the side lot lines at a
point therein distant 8 metres from the front
lot line.
.17 "LOT, INTERIOR" means a lot other than a corner LOT, INTERIOR
lot.
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"LOT LINE" means any boundary of a lot or the
vertical projection thereof.
"LOT LINE, FRONT" means in the case of an
interior lot, the line dividing the lot
from the street. In the case of a corner lot,
the shorter lot line abutting a street shall
be deemed the front lot line and the longer
lot line abutting a street shall be deemed an
exterior side lot line.
LOT LINE
LOT LINE, FRONT
"LOT, LINE, REAR" means the lot line farthest
from and opposite to the front lot line.
"LOT LINE, SIDE" means a lot 1i~e other than a
front or rear lot line.
LOT LINE, REAR
LOT LINE, SIDE
"MOBILE HOME" means a transportable, factory- MOBILE HOME
built dwelling designed to be transported on
its own wheels and chassis or on flatbed
trailer and, when in place, to be supported
on wheels, jacks, posts or piers or on a
permanent, foundation. A mobile home shall
be distinguished ,from other forms of
prefabricated transportable housing by reason
of a design which permits and features ready
transfer from place to place whereas the latter
are intended to be moved once only to a final
location.
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"STREET" means a public highway which affords
the principal means of access to lots abutting
thereto but does not include a public land or
a private right-of-way.
.24 "TRAVEL TRAILER" means a structure designed, TRAVEL TRAILER
intended and used exclusively for travel,
recreation and vacation and which is capable
of being drawn or propelled by a motor vehicle
or is self propelled and includes tent trailers
or similar transportable accommodation excepting
a mobile home.
.23
STREET
.25 "YARD" means a space, appurtenant to a building YARD
or structure, located on the same lot as the
building or structure, and which space is open,
uncovered and unoccupied from ground to sky
except for such accessory buildings, structures
or uses as are specifically permitted elsewhere
in this by-law.
"YARD, FRONT" means a yard extending across the YARD, FRONT
full width of the lot between the front lot
line of the lot and the nearest part of any
building or structure on the lot, or the
nearest open storage use on the lot. "FRONT
YARD DEPTH" means the least horizontal dimension
between the front lot line of the lot and the
nearest part of any building or structure on the
lot, or the nearest open storage use on the lot.
"YARD, REAR" means a yard extending across the YARD, REAR
full width of the lot between the rear lot line
of the lot and the nearest part of any building
or structure on the lot, or the nearest open
storage use on the lot. "REAR YARD DEPTH" means
the least horizontal dimension between the rear
lot line of the lot and the nearest part of any
building or structure on the lot, or the nearest
open storage use on the lot.
"YARD, SIDE" means a yard extending from the YARD, SIDE
front yard to the rear yard and from the side
lot line of the lot to the nearest part of any
building or structure on the lot, or the
nearest open storage use on the lot. "SIDE
YARD WIDTH" means the least horizontal dimension
. between the side lot line of the lot and nearest
part of any building or structure on the lot,
or the nearest open storage use on the lot.
"YARD, SIDE, EXTERIOR" means a side yard
immediately adjoining a public street.
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"YARD, SIDE, INTERIOR" means a side yard
othe~ than an exterior side yard.
YARD, SIDE,
EXTERIOR
YARD, SIDE,
INTERIOR
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CTION 6
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This By-law takes effect from the date of
passage by Council and comes into force
upon approval by the Ontario Municipal Board.
EFFECTIVE
DATE
A FIRST, SECOND AND THIRD TIME AND PASSED THIS
, 1980.
d?éJ-d DAY OF
i ,
~Y-laW Number
rntario Municipal
REEVE t1 f¿'~ J -;il¡""^-)
,~_ä~',J! jJ/~~~AJ
approved by Order Number
Board dated
of The
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N et:P 34' 20" W 467·86
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LAND TO BE ZONED AI
LAND TO BE ZONED RI;"
LAND TO BE ZONED RI
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is SCHEDULE "A"
ylaw No. ~passed this
it
day /J/!-r. 198 "--.
Alvin ThøA:lson
REEVE
Muriel P. EBkrick
CLERK
OW"ER~
41T-79136
LOT 46 CONC. 'A'
TOWNSHIP OF KINCARDINE
COUNTY OF BRUCE.
"'SCALE.
1·3000
OCT.l80
DATE'
DE PA RTM ENTr
BRUCE COUNTY PLANNING
DEPT.
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Form R-6
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Ontario
Municipal
Board
416/966-190$
180 Dundas
Toronto Ontario
M5G 1E5
The Clerk
Township of Kincardine
R. R. 5
Kincardine, Ontario
NOG 2GO
Quote File Number
R 81M
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March 16, 1981
Dear Sir:
Enclosed is documentation as follows:
o
Copy of Decision Dated
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Duplicate Original of Decision dated
Board's Order made
March 13, 1981
Appointment for Hearing
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Yours truly,
jc
~~-~1IJ c..
C. Saruyama
Supervisor
Planning Administration
Enclosure
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R 8188
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Ontario
· Ontario Municipal Board
IN 'l'BB MA'l"l'BR OF SecUon 35 of
The P1anninq Ae~ (a.s.o. 1970,
c. 349),
-and-
11'1 TIIII MA'I'TBR 01' an application
by The Corporat1OJ1 of the Townllhip
of Kincardine for approval of
I its Re.tric~ed Area By-l.. 80-20
I B J: r 0 R _ .
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í H.1I. lŒLI.Y, a.c. )
I Member )
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-and- ) Friday, the 13th day
)
D.B. MoIOBB ) of Maroh, 1981
)IAM~I' )
'!'he objeaWr8 to approval of the aaid. by-law
having withUawn t:heu objeaUOJ18,
'l'BB 80UD OBDB!tS t.ha~ By-law 80-20 is bueby
approv.d..
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SBCU'l'ARY
ENTERED
o. 8. MO.f?~!.I....·.····..
folio Mo../.&.1..........·....··
~.';¡.\R 1. 6 '981
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