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Home My WebLink AboutTWP 80 009 use of land Peterbau <~t ~.. I' I- i , ! i I · · · · . , I , ¡ j I , . " :, '. í" " . 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. NOTICE that the Council of the Corporation of the Township of 'ncardine intends to apply to the Ontario Municipal Board pursuant the provisions of Seçtion 35 of The Planning Act for approva3? f By-law No. 80-9 passed on the /~1t day of ~. , 980. A copy of the by-law is furnished herewith and a no giving explanation of the purpose and effect of the by-law and stating e lands affected thereby is also furnished herewith. Y PERSON INTERESTED MAY, within twenty-one (21) days after the ate of this notice, send by registered mail or deliver to the clerk f the Township of Kincardine notice of objection to approval of e said by-law or part thereof giving details of all or the portion f the by-law to which you object and reasons therefor, and shall 'ndicate that if a hearing is held the objector or agent will attend t the hearing to support the objection. I Y PERSON, wishing to support the application for approval of the y-law may within twenty-one (21) days after the date of this notice end by registered mail or deliver to the clerk of the Township f Kincardine notice of his support of approval of the said by-law ogether with a request for notice of any hearing that may be held iving the name and address to which such notice should be given. HE ONTARIO MUNICIPAL BOARD may approve of the said by-law but efore doing so it may appoint a time and place when any objection o the by-law will be considered. Notice of any hearing that may e held will be given only to persons who have filed an objection r notice of support and who have left with or delivered to the clerk dersigned, the address to which notice of hearing is to be sent nd, similarly, to any person who has filed a request for a change n the provisions of the by-law. HE LAST DAY FOR FILING OBJECTIONS will be ~1 /.¥;:.r!- /9'%h'. TED at the Township of Kincardine this o1.~A~ day of ~~;~ , 980. / --- /¢ ',¡/ ~/'/?/Jd~9 f1..hJ /Ydr; ,;MO - .-;'.~ · , i .1 · · . . EXPLANATORY NOTE Restricted Area By-law No. 80-9 of the Corporation of the Township of Kincardine. Zoning By-law No. &'0-; was passed under Section 35 of The Planning Act, R.S.O. 970 c.349, as amended. The purpose of By-law No. 8D-~ parcel of land Rural Commercial RC). is to zone a certain The effect of By-law No. gO-9 is as follows: Rural Commercial (RC) permits an existing Farm Implement Repair Shop The lands affected by By-law No. 80-,9 are located on the south-east corner of Bruce County Road 7 and the road allowance between Concessions 2 and 3, S.D.R., in the Township of Kincardine, and are shown in more detail on the attached Schedule 'A'. The fOllowing in By-law No. imperial equivalent to the metric unit mentioned 80-9 are provided for information purposes only: 2 m 7 ft. --- ~ .,~ I · SEC~ION 1 1.1 1.2 SEC ION 2 .1 I I 2.2 2.3 2.4 2.5 · 2.6 2.1 ,E ' · . . THE CORPORATION OF THE TOWNSHIP OF KINCARDINE BY-LAW NO. 80 - 9 Being a Restricted Area (Zoning) By-law to regulate the use of land and the size and location of buildings and structures. The provisions of this By-law shall apply only to the lands outlined in the heaviest black line on Schedule "A" attached.heretQ. The lands outlined in the heaviest black line on Schedule "A" attached hereto, and identified by the zone symbol RC, are hereby zoned Rural Commercial.~ GENERAL PROVISIONS 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 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 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 ($1,000.00) exclusive of costs, which shall be recoverable under the Municipal Act and the Summary Convic- tions Act, as amended from time to time. Where any building or structure is proposed to be erected, alter, 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 instance of any ratepayer or of the Council pursuant to the provisions of The Planning Act. 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. APPLICATION ZONING CONFORMITY SCHEDULES ADMINISTRATION BUILDING PERMITS INSPECTION VIOLATION AND PENALTY REMEDIES LITIGATION , . ....::..:".... I 2.9 . . . Notwithstanding anything contained in this SERVICES ,AND By-law, the Corporation, any telephone or UTILITIES 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. 'SEC~ ION 3 RURAL COMMERCIAL (RC) 3.1 . SEC ION 4 4.1 4.2 .3 , 4.4 I 4.5 4. E "j , _. No person shall within the Rural Commercial Zone use any lot or erect, alter or use any building or structure for any purpose except the following: (a) a Farm Implement Repair Shop as it exists on the date of passing of ' this By-law (b) Accessory uses. DEFINITIONS "ACCESSORY USE" shall mean 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. "FARM IMPLEMENT REPAIR SHOP" shall mean the use of land, structures or buildings for the purpose of repairing new and used farm machinery and equipment but does not include any manufacturing. "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. "CORPORATION" means the Corporation of the Township of Kincardine. "COUNCIL" shall mean the Council of the Corporation of the Township of Kincardine. "DWELLING" means two or more rooms used or intended for the domestic use of one or more individuals living as a single house-keeping unit, with cooking, living, sleeping and sanitary facilities. "LOT" means a parcel of land described in a deed or other document legally capable of conveying title to or interest in land. LAND USE ACCESSORY USE FARM IMPLEMENT REPAIR SHOP BUILDING ~ CHIEF BUILDING OFFICIAL CORPORATION COUNCIL DWELLING LOT . . 4.9 · 4.1 , 4.l~ .1 , ~ 1 i I I :... . . "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 walls, fences, signs and bill boards. But for the purposes of this By-law, a fence not exceeding 2 metres in height shall not be deemed to be a structure. "USE" as· a verb, means anything permitted by the owner or occupant 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 and assent of such owner or occupant, for the purpose of making use of the said land, building or structure. The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for". "USE" as a 'noun, means any of the following depending on the context: (a) any purpose for which land, buildings or other structures may be arranged, designated, designed, intended, main- tained, or occupied, or (b) any occupation, business, activity, or operation carried on, or intended to be carried on, in a building or other structure or on land, or (c) a name of a tract of land or a building or other structure which indicates the purpose for which it is arranged, designated, intended, maintained or occupied. SEC ION 5 5.1 · · This By-law takes effect from the date of passage by Council and comes into force upon approval by the Ontario Municipal Board. STRUCTURE USE USE EFFECTIVE DATE ~ A FIRST, SECOND AND THIRD TIME AND PASSED THIS , 1980. /,,¡Ji DAY OF ð J!.¡ ) REEVE ~/L~6-:.J , , - , , " - .--. -- . J:2;",;¡¿ j;;?i:"!~~~ ~. .... . . ROAD ALLOWANCE BETWEEN CONCESSIONS 283 47,872 N60" 56' 10" W r-' '" I· u ... '" "- ca ~ t) '" Q , J ~ .., " ~ " " · '" Q: t) ~. · ..... ., :'\ " 'j I ).... ~ ., .... ~ ~ .., .> ~ . · Ç) . (,.) ,,' 'u ~ ~ ~ , (,.) t) ~ .... .... 1:". ~.J ~ ~, .. .. , . 'q CX:l C;:) ~ ·305m Q:: I '- I I I PART OF LOT 4\ r CONCESSION 3 S,D.R. TOWNSHIP OF KINCAfWINE _:~Wii~1~ti~f.0' ·,············..,············LAND TO BE :.:..'::.:;:..::"::::~:::.~.:.::::.":::.:. . ZONED R.C, This is SCHEDULE ·A· to By law No. passed this .J.d!. day ofcµL 19B t2-, '. - - -- :. ~/?~~~vflp.J Scale: I' 50