HomeMy WebLinkAbout07 033 Amendment to Zoning By-law 2003-25(Lts F&G, pl 61 and Lt 10, pl 127)
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2007 - 033
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE
MUNICIPALITY OF KINCARDINE
Inverhuron Homes Inc. cia Brian Otis,
Lots F and G on Plan 61, and Lot 10 on Plan 127, Municipality of Kincardine
(geographic Town of Kincardine)
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 'R 1 - Residential One' and 'C2 -
Highway Service Commercial' to 'C2-m-H - Highway Service Commercial
Special Holding' the zoning designation of those lands described as Lots F
and G on Plan 61, and Lot 10 on Plan 127, Municipality of Kincardine
(geographic 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:
18.4.11 Notwithstanding their 'C2' zoning designation, those lands
delineated as 'C2-m-H' 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.
Lands zoned 'C2-m-H' shall be considered as one lot for the
following regulations;
Notwithstanding Section 6.20.9.2 Driveways the maximum
width of any joint entrance and exit driveway measured
along the street line shall be 9.7 m;
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Page 2
Amendment to Zoning By-law 2003-25 Lts F & G, P161, and Lt 10, PI 127
By-law No. 2007 - 033
iii.
Outside storage shall be accessory to the principle use on
the lot, and shall be located in the rear yard in compliance
with the minimum requirements of the C2 zone, and shall be
fenced;
Outdoor lighting shall direct light onto the property and away
from adjacent streets and uses;
The 'H - holding' provision may be removed once the
following conditions have been met:
iv.
v.
a. A 'Site Plan' has been approved under the terms and
conditions as set out by the Municipality;
b. A Stormwater Management Plan has been submitted to
the satisfaction of the Municipality and the Saugeen
Valley Conservation Authority;
c. A Geotechnical Study has been submitted to the
satisfaction of the Saugeen Valley Conservation
Authority;
d. If required, a Traffic Impact Study has been submitted to
the satisfaction of the Ministry of Transportation.
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 (Lts F & G, PI 61, and Lt 10, PI 127, Municipality of
Kincardine (geographic Town of Kincardine)) By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 14th day
of March 2007.
SCHEDULE 'A'
Lots F and G on Plan 61, and Lot 10 on Plan 127,
Municipality of Kincardine(geographic Town of Kincardine)
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J I SUBJECT PROPERTY
f/ / / I LANDS TO BE ZONED 'C2-m-H, HIGHWAY SERVICE COMMERCIAL SPECIAL HOLDING'
K /.. Y I LANDS TO REMAIN ZONED 'PO, PLANNED DEVELOPMENT'
f:=::::===-=:=-~ LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION'
FILE: Z-12-o7.22
DATE: March 2007