HomeMy WebLinkAbout06 005 Amend Zoning '03-25 Dale
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 - 005
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE
MUNICIPALITY OF KINCARDINE
Silver Oak Property Management Inc. c/o Robert Dale ltd.,
Part Block J, Plan M1 (being Parts 1, 2 and 3 on RP 3R-253), Municipality of
Kincardine (former Town of Kincardine)
(former Philip Place closed in part)
WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chapter 13 authorizes
the Councils of Municipalities to enact and amend zoning by-laws which comply
with an approved official plan;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine
has enacted By-law 2003-25, a zoning by-law enacted under Section 34 of the
said Planning Act;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine
desires to amend By-law 2003-25;
NOW THEREFORE the Council of the Corporation of the Municipality of
Kincardine ENACTS as follows:
1.
Schedule 'A' to By-law No. 2003-25 as amended, is hereby further
amended by changing thereon from 'C2-f to 'C2-i' and 'C2-j' the zoning
designation of those lands described as Part Block J, Plan M1 (being
Parts 1, 2 and 3 on RP 3R-253), Municipality of Kincardine (former Town
of Kincardine) which are outlined on the attached Schedule 'A'.
2. By-law No. 2003-25, as amended, being the Comprehensive Zoning By-
law for the Municipality of Kincardine, is hereby further amended by
adding the following paragraph to subsection 18.4 thereof:
18.4.8
Notwithstanding their 'C2' zoning designation, those lands
delineated as 'C2-i' on Schedule 'A' to this By-law may be
used for 'Highway Service Commercial' purposes in
compliance with the 'C2' zone provisions contained in this
By-law, excepting however, that:
(i) Only the Permitted Uses of the 'C1 - General
Commercial' zone shall be permitted;
(ii) The exterior side yard setback (along Gary Street)
shall be no less than 5.76 metres, as existed on the
date of passage of the By-law;
. . ./2
Page 2
By-law No. 2006 - 005
Amendment to Comprehensive Zoning By-law Part Block J, Plan M1 (being Parts
1, 2 and 3 on RP 3R-253)
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(iii) The interior side yard setback shall be 0.0 metres, as
existed on the date of passage of the By-law;
(iv) Notwithstanding Section 6.21.1 (c), a 'Planting Strip'
shall not be required.
18.4.9
Notwithstanding their 'C2' zoning designation, those lands
delineated as 'C2-j' on Schedule 'A' to this By-law may be
used for 'Highway Service Commercial' purposes in
compliance with the 'C2' zone provisions contained in this
By-law, excepting however, that:
(i)
(ii)
(iii)
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(iv)
(v)
(vi)
(vii)
Only the Permitted Uses of the 'C1 - General
Commercial' zone shall be permitted;
A gas bar shall be a permitted use, as existed on the
date of passage of the By-law;
The interior west side yard setback shall be 0.0
metres, as existed on the date of passage of the By-
law;
The interior east side yard setback shall be no less
than 2.83 metres, as existed on the date of passage
of the By-law;
The interior east side yard setback shall be no less
than 13.0 metres, as existed on the date of passage
of the By-law;
A Privacy Fence, no less than 2.0 m in height, shall
be provided along the extent of the east side lot line
abutting the motel;
A 'Planting Strip' shall be provided along the east side
lot line, adjacent to the existing structure located 2.83
metres from the east side lot line.
3. This By-law takes effect from the date of passage by Council and comes
into force and effect pursuant to the provisions of the Planning Act, R.S.O.
1990.
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This By-law may be cited as the "Amendment to Comprehensive Zoning
By-law 2003-25, (Part Block J, Plan M1 (being Parts 1, 2 and 3 on RP 3R-
253), Municipality of Kincardine (former Town of Kincardine)), By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 11th day
of January 2006.
4.
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Mayór
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SCHEDULE 'A'
Part BlockJ, Plan M, Parts 1,2 &3 RP 3R253, Philip Place closed in Part (Town of Kincardine)
. MUNICIPALITY OF KINCARDINE
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SUBJECT PROPERTY
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LANDS TO BE ZONED 'C2-i HIGHWAY SERVICE COMMERCIAL SPECIAL'
LANDS TO BE ZONED 'C2-j HIGHWAY SERVICE COMMERCIAL SPECIAL'
THIS IS SCHEDULE 'A' TO THE COMPREHENSIVE
ZONING BY-LAW NO. 2006 - 005 PASSED THIS
eleventh DAY OF January, 2006.
.JJ8~ J. ~
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MAYOR
CLERK
FilE:: 2-56-2005.22
APP\JCMT: SIVER OAK PROPERTY hlANl\GENENT INC. c/o ROEIERT DALE LTD.
CATE, ......l.IMY. 2006.