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HomeMy WebLinkAbout07 292 Amendment to By-law 2003-25 (Pt lt 45 Con A) . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2007 - 292 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Tom Kerr Heating and AlC Ltd. Part Lot 45, ConcessIon 'A', Municipality of Kincardine (geographic Township 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 'PO' and 'EP' to 'R1-am', 'EP-m', 'PD' and 'EP' the zoning designation of those lands described as Part Lot 45, Concession 'A', Municipality of Kincardine (geographic Township of Kincardine) 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 subseclion 12.3 thereof; 12.3.36 Despite their 'R1' zoning designation, those lands delineated as 'R1-am' on Schedule 'N to this By-law may be used for 'Residential' purposes in compliance with the 'R1' zone provisions contained in this By-law, excepting however, that (i) The minimum lot area shall be no less than 1750 square metres; and (ii) The minimum lot frontage shall be no less than 25 metres; and (Iii) A 'Church', 'Nursing Home', and 'Day Care Nursery (Licensed) shall not be permitted; and .../2 Page 2 Amendment to Zoning By-law 2003-25 PI Us A, Band C, Con 'A' By-law No. 2007 - 292 . (iv) Trees shall not be removed except in accordance with the approved 'Tree Retention Plan' . 3. 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 34.6 thereof: 34.6.12 Notwithstanding their 'EP' zoning designatIon, those lands delineated as 'EP-m' on Schedule 'A' to this By-law may be used for 'Environmental Protection' purposes in compliance with the 'EP' zone provisions contained in this By-law, excepting however, that: (i) The Permitted Uses shall be I1mited to 'Passive Recreation'; and . (ii) Slte alteration, gradIng, filling or excavation is not permitted except in accordance with: the approved 'Lot Grading Plan'; and/or for works installed in accordance with the approved 'Stormwater Management Plan'; and/or for works that form part of an approved municipal trail system; and (iii) Trees shall not be removed except in accordance with the approved 'Tree Retention Plan'. 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 (PI U 45, Con 'A', Municipality of Kincardine (geographic Township of Kincardine)) By-law", e READ a FIRST and SECOND time this 10th day of October 2007. 9f READ a THIRD time and FINALLY PASSED this 10n day of October 2007. 21 < . SCHEDULE 'A' Part of Lot 45, Concession 'A', Municipality of Kincardine (geographic Township of Kincardine) , ",,,-,":>' ~ ",;o;,,,;~,, ~. ~"'i1,>" " ''''-(;,~', .'..c "" ",- 0" '-.--'JOr-'-_ '-v' ,'~,-D "". '- " " "ii~ -'--'0"-,1 /, ..C'_"~" "~ / / <::.> -,' y' / """ ~'-'Y' //'-'-''- ~i .', '''_ t , I I I , i , / ! , ~!,-- ! " ~ '" , " < ~ >l, Z -"', " " , " , , , , , C::l ~;::;;::; ::1 ~ r'///I 1-r+T+"'+1 ''-'' '''::': "Z'i" . , , ", " -''-' , , ~'~- " '~ >>'-.Z>,/ i' X>~','" /./ .' ~",;<'< -;.( / 1~::C,>-:!' '~ /'..:c:;,"',">" ,-.,' .' ,,~-', " ! -~" )"-nr '. '-'._, I , '" -", ", " ", .A , , , , ;>" -<~:~:~ .' '-- <':j~ ~ '-,,:::,::: ~ " , I'~ , " ~'(" I I', ',_ , , '. , " " I" , '1 r.::: /,' C c "", 0 , , , "-, " 00 , w ~';;,. -,~ SUBJECT PROPERTY LANDS TO BE ZONED 'R1-am, RESIDENTIAL ONE SPECIAL' LANDS TO BEZO~ED 'EP-m, ENVIRONMENTAL PROTECTION SPECIAL' LANDS TO BE ZONED 'EP, ENVIRONMENTAL PROTECTION' LANDS TO REMAIN ZONED 'PO, PLANNED DEVELOPMENr SCHEDULE 'A' TO THE ZONING a.c:::rB - .:Pi;.;) f) THIS IS AMENDMENT NO. ID'+'-' DAY 0 BY~LAW PASSED THIS L MAYOR CLERK AL<>Z-05-<l7.21 __A/t""_ """"""'."""