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HomeMy WebLinkAbout05 133 Amend 76 13 restrict bru e e e e THE CORPORATION OF THE MUNICIPALITY OF KINC DINE No. 2005 - 133 BEING A BY·LAW TO AMEND ZONING BY-LAW 0.76-13, BEING THE RESTRICTED AREA ZONING BY·LAW FO THE FORMER TOWNSHIP OF BRUCE Mark & Heather Porter, Part Lot 21, Concession 14, Municipality of Kincardine (former To nship of Bruce) WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chapte 13 authorizes the Councils of Municipalities to enact and amend zoning by-laws wh ch comply with an approved official plan; I AND WHEREAS the Council of the Corporation of the Township of IBruce has enacted By-law 76-13, a zoning by-law enacted under Section 34 of the said rlanning Act; AND WHEREAS the Corporation of the Township of Bruce has re ructured to now be a part of the Corporation of the Municipality of Kincardine; AND WHEREAS the Council of the Corporation of the Munici lity of Kincardine desires to amend By-law 76-13; NOW THEREFORE the Council of the Corporation of the Munici ality of Kincardine ENACTS as follows: Schedule 'A' to By-law No. 76-13 as amended, is hereby furth r amended by changing thereon from 'A' to 'IE-1', 'A-61' and 'H' the zoning d signation ofthose lands described as Part Lot 21, Concession 14, Municipality 0 Kincardine (former Township of Bruce) which are outlined on the attache Schedule 'A'. 2.· By-law No. 76-13, as amended, being the Zoning By-law fort e former Township of Bruce, is hereby further amended by adding the following p ragraph to Section 5.0 thereof: 1. 3. 5.14 Notwithstanding their 'A' zoning designation, those Ian delineated as 'A-61 , on Schedule 'A' to this By-law may be used for' ural' purposes in compliance with the 'A' zone provisions contained in thi By-law, excepting however, that: .1 No residential buildings or structures shall be pe itted; and .2 The minimum lot area shall be no less than 32. ha (79.92 acres). By-law No. 76-13, as amended, being the Zoning By-law for t e former Township of Bruce, is hereby further amended by adding the following p ragraph to Section 8.9 thereof: 8.9.2 Notwithstanding their 'IE' zoning designation, those Ian s delineated as 'IE-1' on Schedule 'A' to this By-law may be used for 'In ustrial Extractive' purposes in compliance with the 'IE' zone provisions co tained in this By- law, excepting however, that: e e e e Page 2 By-law No. 2005 - 133 Amendment to Restricted Area Zoning By-law Part Lot 21, Co cession 14 .1 No excavation can occur within the 'excavation etback area' of the site. 'Excavation setback area' means the area 'thin: i) 15 metres from the boundary of the licen area; and Ii) 30 metres from the top of bank of a wate urse; and iii) where an interior lot line in an IE zone abuts land held in separate ownership but is also zoned IE, no 'excavation setback area' is required. .2 Every face of a gravel pit or stone quarry that s excavated to the limit established by Section 8.9.2.1 shall be slo d from that limit to no greater than 45 degrees off horizontal. .3 No aggregate pile, topsoil pile, overburden pile, r processing plant of any type, or any building or structure shall located within 30 metres of the boundary of the site; .4 Adequate vegetation shall be established and aintained to control erosion of any topsoil or overburden on the site. 4. This By-law takes effect from the date of passage by Council nd comes into force and effect pursuant to the provisions of the Planning A ,R.S.O. 1990. 5. This By-law may be cited as the "Amendment to Restricted A a Zoning By-law 76-13, (Part Lot 21, Concession 14, Municipality of Kincardin (former Township of Bruce», By-law". Read a FIRST, SECOND and a THIRD time and FINALLY PASSE this 10th day of August 2005. ß1~ _t<. k Mayor (/ .~ ----------- ~ t..{)1' C{)-1t ~o I.; SCHEDULE 'A' . Part of Lot 21, Concession 14, Municipality of Kincardine (former Township of ruce) ~é'4' J'4b ~é'J' ............ . . ;..........; SUBJECT PROPERlY (BY-LAW 76-13) l\\\\\\\\\\\\\\1 LANDS TO BE ZONED IE-1 INDUSTRIAL EXTRACTIV SPECIAL fI" ð ð A LANDS TO BE ZONED A-61 RURAL SPECIÄL ~ ::: :..; ::: :..; ::: ~ LANDS ZONED H HAZARD THIS IS ZONING 10th MAYOR CLERK 111.1, Z-~-OU' SCHEDULE 'A' TO THE COM PRE ENSIVE BY-LAW NO. 2005-133 PASS D THIS DAY OF IIIPPUCANT: ...... eM ....... ....... GATto _ 2005 .~ .,~;~~,' d ."'bo.