HomeMy WebLinkAbout07 345 Amendment to Comprehensive Zoning By-law 2003-25 (Bl F Walsh E/S, Plan M33, Municipality of Kincardine
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2007 - 345
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 Air Conditioning Ltd.,
Block F Walsh E/S, Plan M33, 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 'C4' to 'R4-g-H' and 'C4-b' the zoning
designation of those lands described as Block F Walsh E/S, Plan M33,
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 Zoning By-law for the
Municipality of Kincardine, is hereby further amended by adding the
following paragraph to subsection 15.3 thereof:
15.3.7
Notwithstanding their 'R4' zoning designation, those lands
delineated as 'R4-g-H' on Schedule 'A' to this By-law may be
used for 'Residential' purposes in compliance with the 'R4'
zone provisions contained in this By-law, excepting however,
that:
(i)
(ii)
The minimum lot frontage shall be no less than 22.25
m (73 ft);
The minimum south interior side yard setback shall be
no less than 3.96 m (13 ft), and the minimum north
interior side yard setback shall be no less than 4.88 m
(16 ft);
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Amendment to Zoning By-law 2003-25 BI F Walsh E/S, Plan M33
By-law No. 2007 - 345
(iii) Notwithstanding Section 6.20.7 Parkinq Area Location
on Lot the south side yard setback shall be no less
than 0.97 m (3.2 ft);
(iv) The 'H - holding' provision may be removed once the
following condition has been satisfied:
a. A Site Plan Agreement between the owner and the
Municipality has been entered into.
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 20.3 thereof:
20.3.2
Notwithstanding their 'C4' zoning designation, those lands
delineated as 'C4-b' on Schedule 'A' to this By-law may be
used for 'Commercial' purposes in compliance with the 'C4'
zone provisions contained in this By-law, excepting however,
that
(i) The maximum lot coverage (Principal Building) shall
not exceed 20.1%.
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 (BI F Walsh E/S, Plan M33, Municipality of Kincardine
(geographic Town of Kincardine)) By-law".
READ a FIRST and SECOND time this 14th day of November 2007.
9~'VW>-- ~ 9ov-a.o...QQ
Clerk \,\
READ a THIRD time and INALL Y PASSED this 14th day of November 2007.
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9c')\,W>. ~QdaJU
Clerk
SCHEDULE IA'
Block F Walsh E/S, Plan M33,
Municipality of Kincardine (geographic Town of Kincardine)
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SUBJECT PROPERTY
lANDS TO BE ZONED 'R4-g-H, RESIDENTIAL FOUR SPECIAL HOLDING'
lANDS TO BE ZONED 'C4-b, lOCAL COMMERCIAL SPECIAL'
THIS IS SCHEDULE 'A' TO THE ZONING BY-LAW
AMENDMENT NO. :'l.CDT- ,"2,45 PASSED THIS
~ D OF 'v'c:.JnlJey, :2.004--
MAYOR _- n --
CLERK ~
ALE: Z-55-07.22
APPUCANT: Tom Kerr Heating &: IVr Conditioning Ltd.
DATE: November 2007