HomeMy WebLinkAbout08 188 Amendment to Restricted Area Zoning By-Law 82-08
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2008 -188
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 82-08,
BEING THE RESTRICTED AREA ZONING BY-LAW FOR THE FORMER
TOWNSHIP OF KINCARDINE
Robert and Deborah Dutton,
Lot 34 and Part Lot 35, Concession 8, Municipality of Kincardine (former 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 Township of Kincardine has
enacted By-law 82-08, a zoning by-law enacted under Section 34 of the said Planning
Act;
AND WHEREAS the Corporation of the Township of Kincardine has restructured to now
be a part of the Corporation of the Municipality of Kincardine;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine
desires to amend By-law 82-08;
NOW THEREFORE the Council of the Corporation of the Municipality of Kincardine
ENACTS as follows:
1.
Schedule 'A' to By-law No. 82-08 as amended, is hereby further amended by
changing thereon from 'A l' and 'EP' to 'A 1-80a', 'A 1-80b' and 'EP' the zoning
designation of those lands described as Lot 34 and Part Lot 35, Concession 8,
Municipality of Kincardine (former Township of Kincardine) which are outlined on
the attached Schedule 'A'.
2. By-law No. 82-08, as amended, being the Zoning By-law for the former Township
of Kincardine, is hereby further amended by adding the following paragraph to
subsection 9.3 thereof:
9.3.64 (a) Notwithstanding their 'A1' zoning designation, those lands
delineated as 'A1-80a' on Schedule 'A' to this By-law may be used
for 'Non-farm Residential' purposes in compliance with the 'A l'
zone provisions contained in this By-law, excepting however, that:
(i)
(ii)
The number of livestock units shall be limited to 3.7 livestock
units per hectare; and
The minimum rear yard setback shall be no less than 9.1 m
as existed for the residential structure on the date of
passage of the By-law.
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Page 2
By-law No. 2008 - 188
Amendment to Restricted Area Zoning By-law Lot 34 and Part Lot 35, Concession 8
(b) Notwithstanding their 'A1' zoning designation, those lands
delineated as 'A 1-80b' on Schedule 'A' to this By-law may be used
for 'Non-Residential' purposes in compliance with the 'A l' zone
provisions contained in this By-law, excepting however, that:
(i) The construction of any new residential buildings or
structures shall be prohibited.
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 Restricted Area Zoning By-law
82-08, (Lot 34 and Part 35, Concession 8, Municipality of Kincardine (former
Township of Kincardine)), By-law".
READ a FIRST and SECOND time this 10th day of December 2008.
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ayor
(lhUoxa.A\ 1 ~ Q~ OQ.Q.n
Qtp.u--tLt Clerk '
READ a THIRD time and FINALLY PASSED this 10th day of December 2008.
2RcYc;(~
ayor
urn Q J&l\....c-Q ~ 1:)Q 0 n
Q~t Clerk ·
SCHEDULE 'A'
Lot 34 & Part Lot 35, Concession 8,
Municipality of Kincardine(geographic Township of Kincardine)
55 Concession 9
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125 62.5
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. SUBJECT PROPERTY
,,-----
~ LANDS TO BE ZONED 'A1-80a, GENERAL AGRICULTURE SPECIAL'
I ~ ~ I LANDS TO BE ZONED 'A 1-80b, GENERAL AGRICULTURE SPECIAL'
~ LANDS TO REMAIN ZONED 'EP - ENVIRONMENTAL PROTECTION'
THIS IS SCHEDULE 'A' TO THE ZONING BY-LAW
AMENDMENT NO. ;200'1{- \<(;~ PASSED THIS
_IOih DAY OF ~~l'u1Lbv/l , ~'i?
MAYOR
CLERK
FilE: Z-93-08.21
Associated File: Bw119-08.21
APPLICANT: Robert & Deborah Dufton
DATE: November, 2008