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Home My WebLink AboutTWP 80 017 zon pt lt 25/26 conA ..,."'" ~, ~... ;$.. .1- .&.. . . · · · · r I I , , , , -, 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 ap~ of ~ No. H 0 - J? passed on the '1:'" nr day of ~ t::'-' , 1980. A copy of the by-law is urnished herewi an a note g~ving 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 /~~.~3ð DATED at the Township Of~-1I11I¥1Il.his...t3Å£day of ~.-jiJ , 1980. Muriel Eskrick Clerk-Treàsurer Township of Kincardine R. R. # 5 Kincardine, Ontario NOG 2GO , "j · · · , · '',. , '- , , '- , , . , , I ! EXPLANATORY NOTE Restricted Area By-law No. ~O-17 of the Corporation of the Township of Kincardine. . Zoning By-law No. 1/0 -/7 was passed under Section 35 of The Planning Act, R.S.O. 1970 c.349, as amended. The purpose of By-law No. g" - /7 is to zone a certain parcel of land Residential (Rl). The effect of By-law No. RO 17 is as follows: Residential (Rl) permits residential dwellings, and accessory uses subject to certain minimum requirements. The lands affected by By-law No. 80-/7 are located in :' part of Lots 25 & 26, Con. A, west of the Lakeshore Road, in the Township of Kincardine and shown in more detail on the attached Schedule I A I . The fOllowing -in By-law No. only: imperial equivalents to the metric units mentioned Eo J? are provided for information purposes 0.2 m2 lOO m2 l40 m2 1800 m2 2 sq. ft. 1100 sq. ft. 1500 sq. ft. 20000 sq. ft. 3 m 4 m 6 m 8 m 30 m - I 10 ft. 13 ft. 20 ft. 26 ft. 100 ft. , " ", . . i I · SE TION 1 l·t I l·f . THE CORPORATION OF THE TOWNSHIP OF KINCARDINE BY-LAW NO. ðlo - /7_ Being a Restri~ted Area (Zoning) By-law to regulate the use of land and the size and location of buildings ~nd structures The provisions of this By-law shall apply only to the lands outlined in the heaviest black broken line on Schedule "A" attached hereto. The lands outlined in the heaviest black broken line on Schedule "A" attached hereto, and identified by the zone symbol Rl, are hereby zoned Residential. I I SEtTION 2 , ' . GENERAL PROVISIONS 2.¥ 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. · , 2.~ ! 2·t I I I 2·1 I I 2.$ I I I · 2. 2. I I .! I I I , I I I , [. Schedule "A" attached hereto shall be deemed to form part of this By-law. This By-law shall be administered by the Chief 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 oùt 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 restrained by action at the insistance of any ratepayer or of the Council pursuant to the provisions of The Planning Act. , , , A1]PLICATION ZONING CONFORMITY SCHEDULES ADMINISTRATION BUILDING PERMITS INSPECTION VIOLATION AND PENALTY REMEDIES r'" """,'" " , . , , I , 2.~ , , ~.~ SECTION 3 I I 3~~; , . 3. 3.~ I 3·f ..~ 3.E 3." 3.E 3.S . , 3.~0 , , .1 I I , , ' ,", - . . 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 ther~of, except to the extent to be determined in the final adjudication of such action. 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 structurè in any zone, notwithstanding that such use building or structure does not conform to th~ provisions of this By-law for such zone. RESIDENTIAL (Rl) 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: (a) a Detached Dwelling (b) a Home Occupation (c) Accessory Uses No dwelling or accessory building shall be erected on any lot with an area of less than 1800 m2. No dwelling or accessory use shall be erected on any lot having a frontage of less than 30 m. 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 metres. No split-level dwelling, excluding any accessory use, shall have a floor area of less than 100 square metres. No two storey dwelling, excluding any accessory use, shall have a floor area of less than 140 square metres. No dwelling or accessory use shall have a front yard depth of less than 8 metres. No dwelling or accessory use shall have a rear yard depth of less than 8 metres. No dwelling or accessory use shall have an interior side yard width of less than 3 metres. 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 [,Co " , , . ~~ll ! ! 3~12 , .3 13 314 S ~TION 4 4 1 .'4'2 4 3 . 4 4 . , ! i , , ~:5 , I .6 .7 ~.8 I .9 " . , ',. . . No dwelling or exterior side metres. accessory use shall have an yard width of less than 8 Not more than one ßwelling shall be erected or used on any single lot. 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. DEFINITIONS "ACCESSORY USE" means a use, building or a structure that is normally incidental, subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith. "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. "CHIEF BUILDING OFFICIAL" means the officer or employee of the Corporation for the time being charged with 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 AREA" 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 EXTERIOR SIDE YARD ONE HOUSE PER LOT ACCESSORY BUILDING REQU:IREMENTS MOBILE HOME ACCESSORY BUILDING BUILDING BY-LAW CHIEF BUILDING OFFICIAL CORPORATION COUNCIL DWELLING UNIT DETACHED DWELLING FLOOR AREA ¡~ , ' ., 1 I . 4. 0 4. 1 . .,.2 I I I ..1'3 , ." .. , . . t2) any private garage, carport, porch, verandah, sun room (unless such sun room is habitable at all šeasons 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 including 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 HOME OCCUPATIÖN 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 advertisin~ other than a sign not larger than 0.2 m ; (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 ~esidential character of the dwelling nor create or become a nuisance, ~n 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. "LOT" (i) means a parcel of land or contiguous parcels LOT 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 Sùbdivision, but a Registered Plan of Sùbdivision for the purposes of this para- graph does not include a Registered Plan of Sùbdivision which has been deemed not to be a Registered Plan of Sùbdivision 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, AREA " . , . . . 4·ì4 I , ..5 4. 6 4. 7 4. 8 ..9 4. 0 4.11 I i I I I .·i2 4. 3 4. 4 . "LOT, CORNER" means a lot situated at the intersection'of, Qr abutting upon, two or more streets. "LOT, FRONTAGE" means the horizontal distance 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. -LOT, INTERIOR" means a lot other than a corner lot. "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, REAR" means the lot line farthest from and opposite to the front lot line. "LOT LINE, SIDE" means a lot line other than a front or rear lot line. "MOBILE HOME" means a transportable, factory- 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. "STREET" means a public highway which affords the principal means of access to lots abutting thereto but does not include a pùblic land or a private right-of-way. "TRAVEL TRAILER" means a structure designed, 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. "YARß~ means a space, appurtenant to a building 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. LOT, CORNER LOT, FRONTAG~ LOT, INTERIOR LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE MOBILE HOME STREET TRAVEL TRAILER YARD~ " ,.." .OF ~ 4.2t I . 4.2 4.2t I I , .1 4.2J I I I '4.2~ I i I SEC ION 5 5.1 By- w Number . . "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 ~d 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 full YARD,REAR 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 YBRD, 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 YARD, SIDE, immediately adjoining a public street. EXTERIOR "YARD, SIDE, INTERIOR" means a side yard YARD, SIDE, other than an exterior side yard. INTERIOR This By-law takes effect from the date of EFFECTIVE passage by Council and comes into force DATE upon approval by the Ontario Municipal Board. AND THIRD TIME AND PASSED THIS " 1980. /sd- DAY OF r.ï 1/- :-(!i4~> " .~: - REEVE - -- - ...... ..... .... ~~4<'~#~ approved by Order Number " I of ~e Ontario Municipal Board dated i . . . .',..:':V:~(;...-.;":;'~.....,,,.,_ /I I II I II '/ N600S6'ro"W '" I MO" 37602 ~ 0 I . "'ct }I~. I 2 -OJ' .Õõ ~ .,a:: 'UO·~8·40"W ,.. 6·096 26~1~ ~ I .)o<fN6005S'20''W_ ~ .. Z~I o :r/' ---" ~ V) ,_.~// r:: t; IU-, ~ I' I"'~-'J.) <t ,-.../, L..... ...J ' ~'" I~~~ ~\£~~ :~ ~ "'\ ~, \à \ ~\ \ ... ~\\ \ r\~ .......~ . . 'i'Vof . . I - I 1:- I z I; I N60058~''6~8I ~ I~ N60"OS'40"61&] :J I~ 2 = :J: I'" - r : 81'" I ) . ,z 20'-N6"02'OO"\II:I \ \ N6C)O "4Q"W 6().680 ~ ~ . ~ '¡. i2 \ \ __~C \ _ _ ~ ~ NI90I1'40"E .~ .. ~.«£ ~: 2'~ ~.n -~ % 1. N 60· 58' 40"W 301898 ~ I :l' ~, ~ ? ¡; ti 4 w ~ c:1 J 'foC· 0.' '3 : 4~ o~ o~ ;7 :!:.. 22 ',0 ~o ~'-' . 1'(28°13'10"£ 8-653 N61046'50"W 8650H2Bo13' 10"£ 280' 623 22a~ Nr1046', 0" W I ' I '/l-;-r)I-- 1_...... ~__} ',"1;- ') /1 '_....,I, ....:. '-,. . _.-.- This is to Byl -~---- O\JoNER: SCHEDULE "A" . - _. ~..-_...- .""-,,... > J ;a 41T -79081 PART OF LOTS 25 a 26 . CONCESSION A TOWNSHIP OF KINCARDINE, COU:,fY OF BRUCE ".-. . -,--,---_._....~ ~'_.-- w No, __pC'$5ed this day, ____ 198_, I· 3000 ----.--.,.........---- ·stALE' DATE: SÉPT /80 hEEVE C t ¡ r<