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Home My WebLink About05 110 Amend zon by-law 76-13 e e e e THE CORPORATION OF THE MUNICIPALITY OF KINC INE BY-LAW No. 2005 -110 BEING A BY-LAW TO AMEND ZONING BY-LAW 0.76-13, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE FORMER TOWNSHIP OF BRUCE KPMG Inc. Receiver Manager of Bluewater Fibre Inc. clo aul Bennett, Part Lot 30, Conces.sion 5, Municipality of Kincardine (form r Township of Bruce) WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chapt r 13 authorizes the Councils of Municipalities to enact and amend zoning by-Ia which comply with an approved official plan; AND WHEREAS the Council of the Corporation of the Towns p of Bruce has enacted By-law 76-13, a zoning by-law enacted under Sectio 34 of the said Planning Act; AND WHEREAS the Corporation of the Township of Bruce ha restructured to now be a part of the Corporation of the Municipality of Kincardine AND WHEREAS the Council of the Corporation of the Municipal of Kincardine desires to amend By-law 76-13; NOW THEREFORE the Council of the Corporation of the Municipality of Kincardine ENACTS as follows: 1. Schedule 'A'to By-law No. 76-13 as amended, is hereby f rther amended by changing thereon from 'A' to 'IA-1-h' the zoning desi nation of those lands described as Part Lot 30, Concession 5, Municipali of Kincardine (former Township of Bruce), which are outlined on the a ched Schedule 'A', 2. By-law No. 76-13, as amended, being the Comprehensiv Zoning By-law for the former Township of Bruce, is hereby amended b adding a new subsection titled '8,9 - Industrial Zone Exceptions' 0 'Section 8.0 Industrial Zones', 3, By-law No. 76-13, as amended, being the Comprehensiv Zoning By-law for the former Township of Bruce, is hereby further ame ded by adding the following paragraph to Section 8.9 thereof: . . ./2 e e e e Page 2 By-law No, 2005 - 110 Amendment to Comprehensive Zoning By-law Part Lot 30, Concession 5, Municipality of Kincardine (former Township of Bruce) 8.9.1 Notwithstanding their 'lA' zoning designation, those lands delineated as 'IA-1-h' on Schedule 'A' to this By-Ia may be used for 'Rural' purposes in compliance with the 'lA' one provisions contained in this By-law, excepting however, that: (i) The Industrial Uses Permitted shall be limited t a. 'Bulk Sales Establishment - Agricu tural'; b. 'Farm Implement Establishment'; c, 'Feed Mill & Elevator'; d. 'Food Processing - Primary'; e. 'Industry - Non-Effluent Produ ing limited to packaging (i.e. bagging, boxing, crating, shrink wrapping, etc.) woodworking, 0 amenting and assembly'; f. 'Nursery'; g. 'Warehouse excluding a 'Transpo (Ii) The following definitions shall apply: 'BULK SALES ESTABLISHMENT - AGRICULTU L' means the use of land, structure or building for the purposes 0 buying, selling, storing, grading and handling of seed, feed, fert lizer and other agricultural products in bulk quantities, together wi h scales and a sales/administrative office for such products, 'FARM IMPLEMENT ESTABLISHMENT' shall mea the use of land buildings or structures for the sale of, storage or pair of new or used agricultural equipment and machinery directly associated with the operation of a farm and may include as an ac essory use the display, sale, storage, servicing, and repair of sno obiles, ATV's, small engines, and lawn care equipment and relat d products but does not include any other use(s) defined herein. 'FEED MILL & ELEVATOR' shall mean a building r structure that is designed to store any type of grain, field or ro crop and may include a cleaning and drying facility, scales, and a administration building, 'FOOD PROCESSING. PRIMARY' means the use of lands, buildings or structures for a 'dry industrial use' wh re berry, row or field crops are washed, cleaned, screened, sifted gf ded, waxed, or crushed, but excludes any further processing. 'INDUSTRY. NON-EFFLUENT PRODUCING' mea s an industrial use where the manufacturing process does not in lude or require direct consumption of water and where the 0 Iy wastewater discharges are from auxiliary facilities such as ash rooms, the indirect cooling of machinery and/or the pres ure testing of equipment. 'NURSERY' shall means a place where trees, s rubs, plants or other horticulturalllandscaping material is grown 0 stored for the purpose of retail sale or wholesale together with he sale of soil, planting materials, fertilizers or similar amend me s or materials, lawn and garden equipment, or lawn fumishings. , . ./3 e e e e Page 3 By-law No. 2005 - 110 Amendment to Comprehensive Zoning By-law Part Lot 30, Concession 5, Municipality of Kincardine (former Township of Bruce) 'WAREHOUSE' shall mean lands, buildings or p rt of a building used or intended to be used for the bulk storage a d distribution of goods, merchandise or materials. (iii) The lands shall be subject to Site Plan Control; (iv) The 'H' provision may be removed onc the following conditions have been met: (1) A statement from a certified engineer stating th t all floor drains which may become contaminated with oils, s Ivents or other similar liquid/materials are not directly nnected to a new/existing domestic waste treatment syste on the property is provided; and (2) A statement from a certified engineer stating th t all floor drains which may become contaminated with oils, Ivents Gr other similar liquid/materials have been conne ed to a total retention/separator tank or similar engine red system is provided; and (3) A statement from a certified engineer sta ng that a total retention/separator tank or a similar enginee d system which separates oils, fuels, lubricants, cleaners & olvents etc. and stores all separated contaminants has been installed and is functioning according to its design specificat ons is provided; and (4) A current contract with a MOE certified carrie engaged for the disposal of materials from the total retention/ eparator tank or a similar engineered system is provided; and (5) A Site Plan Control Agreement has been r gistered on title; and (6) A 'Spill Contingency Plan' shall be prepared utlining the ways and means by which spills are to be prevent d, managed and remediated. 4. This By-law takes effect from the date of passage by C uncil and comes into force and effect pursuant to the provisions of the Pia ning Act, R.S,O. 1990. 5. This By-law may be cited as the "Amendment to Comp ehensive Zoning By-law 76-13, (Part Lot 30, Concession 5, Municipal of Kincardine (former Township of Bruce», By-law". READ a FIRST, SECOND and a THIRD time and FINALLY ASSED this 13th day of July 2005, ~.~ Mayor SCHEDULE 'A' Part of Lot 30, Concession 5, Municipality of Kincardine(former Township of B uœ) / ,r'" ---. " . (. f i >'" ". / / / l . ! ! / / // /j 1/ / f /! /í ! . !I // II """ ~-~~ /'-^-'" / ! ! { , \ '. '. \ \ , I '. '" '. """"" 29 / . , " r', I! ! i ¡ ! " \./ \. -~ ~. ---'" i .... &-? ". üCê ! . '" ø. "'.. ····<~-1D ",. ". <0 :;' "-"'" ""':,""',,, '--, """'" """"'" ---, '-, -"" "'-, """"" ". '. ". '. '. o .. eo '~' '. '. ! J .< /.; / ( / ,'" , // ,"itS) ¡ / I/C) ( / ~'V:' , / j/~ J ~ \ ..~ \ / /0 1/ / y~ / ;) :' :' I :' :' ( ',/ \ / \ 0>1 ....., ,.,.J..... "'~'" '. '--- "'" C::::J ~ SUBJECT PROPERTY ..... '.... \ \ , \ í ¡i II l /: I ¡ . i / J . ! ! , / I ! i j '. '. //// / / ". r-- LANDS TO BE ZONED 'IA-1-h, INDUSTRIAL RU L SPECIAL HOLDING' THIS IS SCHEDULE 'A' TO THE COM PRE ENSIVE . ZONING BY-LAW NO. 2005 - 110 PASS D THIS 13th DAY OF 2005. MAYOR t CLERK FILE; 2-33-05.26 APPLICANT: KMPG nc. Yonooet of ØIuewoter Fibre Inc.c/o Poul DATE, JoIy 2005