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HomeMy WebLinkAbout06 286 Zon Amend 03-25 Thomas . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2006 - 286 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Brad Thomas, Part Lot 5, Concession 6, 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 'R1 - Residential One' and 'C3 - Hamlet Highway Commercial' to 'R1-ae - Residential One Special' and 'C3-f - Hamlet Highway Commercial Special' the zoning designation of those lands described as Part Lot 5, Concession 6, 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 Comprehensive Zoning By- law for the Municipality of Kincardine, is hereby further amended by adding the following paragraph to subsection 12.3 thereof: 12.3.31 Notwithstanding their 'R1' zoning designation, those lands delineated as 'R1-ae' on Schedule 'A' to this By-law may be used for 'Residential' purposes in compliance with the 'R l' zone provisions contained in this By-law, excepting however, that: i. The minimum lot area shall be no less than 3664 m2. . . ./2 . . . . Page 2 Amendment to Zoning By-law 2003-25 (pt Lt 5, Con 6) By-law By-law No. 2006 - 286 3. 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 19.4 thereof: 19.4.6 Notwithstanding their 'C3' zoning designation, those lands delineated as 'C3-f on Schedule 'A' to this By-law may be used for 'Hamlet Highway Commercial' purposes in compliance with the 'C3' zone provisions contained in this By-law, excepting however, that: i. ii. The minimum lot area shall be no less than 3944 m2; The existing sporting goods retail business shall be a permitted non-residential use; For the purposes of this By-law, the lot lines shall be deemed as follow: a. The front lot line shall be deemed to be the lot line abutting Concession 6; b. The exterior side lot line shall be deemed to be the lot line abutting Highway 21; For the purposes of the this By-law, the setbacks shall be as follow: a. The minimum front yard setback shall be no less than as it existed for the primary commercial structure on the date of passage of the By-law; b. The minimum exterior yard setback shall be no less than as it existed for the primary commercial structure on the date of passage of the By-law; c. The minimum rear yard setback shall be no less than as it existed for the primary commercial structure an the date of passage of the By-law; d. The minimum yard setbacks shall be no less than exist for the storage shed on the date of passage of the By- law. Notwithstanding Section 6.5 Accessory Dwelling Unit - Apartment the existing dwelling unit within the primary commercial structure shall be permitted as existed on the date of passage of the By-law; Notwithstanding Section 6.21 Planting Strips/Privacy Fence, a planting strip is not required. iii. iv. v. vi. 4. 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. 5. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25 (pt Lt 5, Con 6, Municipality of Kincardine [geographic Township of Bruce)) By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 11th day of October 2006. }hi. _~. ~ MaYOr SCHEDULE 'A' Part of Lot 5. Concession 6. Municipality of Kincardine{geographic Township of Bruce) --, Co J\;; CcS S/Ol\l 6 t "'- rv ~ ~~ cJ: ~ o 10 20 I I I - S-4 J\;; Crt.!. Sr ~I?r C:=J 1// // /1 V'\/<x:,Y\! SUBJECT PROPERTY LANDS TO BE ZONED 'C3.f, HAMLET HIGHWAY COMMERCIAL SPECIAL' LANDS TO BE ZONED 'R1.ae, RESIDENTIAL ONE SPECIAL' THIS IS SCHEDULE 'A' TO THE COMPREHENSIVE ZONING BY-LAW NO. 2006 - 286 PASSED THIS eleventh DAY OF October, 2006. MAYOR CLERK FILE: Z-215-06.26