HomeMy WebLinkAbout06 146 Zoning 06-25 Enbridge
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 -146
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE
MUNICIPALITY OF KINCARDINE
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 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 'A l' to 'A 1-y-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. 2003-25, as amended, being the Zoning By-law for the Municipality of
Kincardine, is hereby further amended by adding the following paragraph to
subsection 9.3 thereof:
9.3.20
Notwithstanding their 'A l' zoning designation, those lands
delineated as 'A1-y-H' on Schedule 'A' to this By-law may be used
for 'General Agriculture' purposes in compliance with the 'A l' 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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By-law No. 2006 -146
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
'A1-y-H' zone line;
b. the Rear Lot Line shall be deemed to be the northerly
'A 1-y-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
2003-25, (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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Cle
SCHEDULE 'A'
Lot 9, Concession 7,
Municipality of Kincardine(geographic Township of Bruce)
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t : =- J SUBJECT PROPERTY
~ LANDS ZONED 'A1-z, GENERAL AGRICULTURE SPECIAL'
~ LANDS TO BE ZONED 'A1-y-H, GENERAL AGRICULTURE SPECIAL HOLDING'
~:-:-:-:-:-:-:1 LANDS TO REMAIN 'EP, ENVIRONMENTAL PROTECTION'
THIS IS
ZONING
qR
MAYOR
CLERK
SCHEDULE 'A' TO THE COMPREHENSIVE
BY-LAW NO. ~CX)(.c>- 14LP PASSED THIS
DAY OF ~+-. dOO&
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FJI.I[: 2-108-08.28(112)
APPI.ICANT: Enbrid9t 0ftt0rI0 WInd "- LP
DATE: ... zooe
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