HomeMy WebLinkAbout06 145 Zoning 76-13 Enbridge
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 - 145
BEING A BY..LAW TO AMEND ZONING BY..LAW NO. 76..13,
BEING THE COMPREHENSIVE ZONING BY..LAW FOR THE
FORMER TOWNSHIP OF BRUCE
Enbridge Ontario Wind Power LP,
Lot 9, Concession 7, Municipality of Kincardine (geographic Township of Bruce)
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 Township of Bruce has enacted
By-law 76-13, a zoning by-law enacted under Section 34 of the said Planning Act;
AND WHEREAS the Corporation of the Township of Bruce has restructured to now be
a part of the Corporation of the Municipality of Kincardine;
AND WHEREAS the Council of the Corporation of the Municipality 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 further amended by
changing thereon from 'A' to 'A-65-H' the zoning designation of those lands
described as Lot 9, Concession 7, Municipality of Kincardine (geographic
Township of Bruce) which are outlined on the attached Schedule 'A'.
2. By-law No. 76-13, as amended, being the Zoning By-law for the former Township
of Bruce, is hereby further amended by adding the following paragraph to Section
5.0 thereof:
5.19 Notwithstanding their 'A' zoning designation, those lands delineated
as 'A-65-H' on Schedule 'A' to this By-law may be used for 'Rural'
purposes in compliance with the 'A' zone provisions contained in
this By..law, excepting however, that:
(i)
An electrical substation shall be a permitted use. For the
purposes of this By-law, an 'electrical substation' shall be
defined as lands, buildings and/or structures or parts thereof
containing a subsidiary station of an electricity generation,
transmission and distribution system where voltage is
transformed from high to low or the reverse using
transformers;
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Page 2
By-law No. 2006 - 145
Amendment to Comprehensive Zoning By-law Lot 9, Concession 7
(ii) For the purposes of this By-law, the lot lines are as follows:
a. the Front Lot Line shall be deemed to be the southerly 'A-
65-H' zone line;
b. the Rear Lot Line shall be deemed to be the northerly 'A-
65-H' zone line.
(iii) For the purposes of this By-law, the following setbacks shall
apply:
a. the Front Yard Setback shall be no less than 5 m;
b. the Rear Yard Setback shall be no less than 5 m;
c. the Side Yard Setbacks shall be no less than 5 m.
(iv) The lands shall be subject to Site Plan Control;
(v) The 'H' provision may be removed once the following
conditions have been met:
a. A Site Plan Control Agreement has been registered on
title.
b. A 'Decommissioning Plan' outlining the anticipated costs
of the removal of the substation and site remediation and
to include the anticipated obligations of the landowner
and/or Project operator has been submitted and
approved by the Municipality of Kincardine.
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.
4. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law
76-13, (Lot 9, Concession 7, Municipality of Kincardine (geographic Township of
Bruce)), By-law".
Read a FIRST, SECOND and a THIRD time and FINALLY PASSED this 9th day of
August 2006.
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Mayor
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CI k
SCHEDULE 'A'
Lot 9, Concession 7,
Municipality of Kincardine(geographic Township of Bruce)
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SUBJECT PROPERlY
LANDS ZONED 'A-63, RURAL SPECIAL'
LANDS TO BE ZONED 'A-65-H, RURAL SPECIAL HOLDING'
LANDS TO REMAIN 'H, HAZARD LAND'
THIS IS
ZONING
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MAYOR
CLERK
SCHEDULE 'A' TO THE COMPREHENSIVE
BY-LAW NO.~- JL45 PASSED THIS
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f'U: Z-Ioe-OI.26(IIZ)
APPLICANT: Enbrfdge 0II1atIo WIIId Powr LP
DATE: Autust 200II
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