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HomeMy WebLinkAbout09 112 Amendment to Comprehensive Zoning By-Law 2003-25 (Eli Albrecht) By-Law e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KST BY-LAW No. 2009 -112 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Eli Albrecht Lot 28, Concession 5, 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 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 'A1' to 'A1-eb' the zoning designation of those lands described as Lot 28, Concession 5, Municipality of Kincardine (former Township 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 9.3 thereof: 9.3.125 (a) Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-eb' on Schedule 'A' to this By-law may be used for 'Farm Lot' purposes in compliance with the 'A1' zone provisions contained in this By-law, excepting however, that: (i) Notwithstanding Section 8.1 of By-law 2003-25 as amended, a second 'Accessory Detached Dwelling' is permitted; and (ii) The second 'Accessory Detached Dwelling' shall be constructed/located within 30 metres (100 feet) of the other buildings as they existed on the date of passage of this By- law; and (iii) The second 'Accessory Detached Dwelling' shall be exclusively for the use of person's employed/working on the subject lands. e e e e Page2 By-law No. 2009 - 112 Amendment to Comprehensive Zoning By-law (Eli Albrecht) 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 (Eli Albrecht) By-law". APPROVED BY Ontario Municipal Board Decision/ Order No. 0018; dated June 18, 2009. READ a FIRST and SECOND TIME this 21st day of January, 2009 Mayor Clerk READ a THIRD TIME and FINALLY PASSED this 21st day of January, 2009. Mayor Clerk SCHEDULE 'A' Lot 28, Concession 5, Municipality of Kincardine(geographic Township of Kincardine) 312 Concession 5 // 'l:./ 1911 /9' !@i //# ,"" /11 ilf /" I / / Co ~6' ~7 ~7 "~" ,.~...~ '~^''>. \ , \ Co!}; 0- ~0 '~ " , '~ '.....-.-.,.."'~".... ...."..,........-.,"- "^,,-'~'" "",. ""-- """ """ '~~ .""'. ~, ...." '-',,-, ......,,,", ,,~. ~7 ~ .,~ " 'v'~"^" " " , ""'--...."" ' ~^<y,~ " '~, "'-''''-,~,., '>"'4>j].'.., <Q$.'<'~, '''(\)~'~'''' ?/.ojj' ~'.S". .~ ''''' N + 100 50 0 100 Meters -- .-----. ,,_____1 SUBJECT PROPERTY W~ LANDS TO BE ZONED 'A1-eb, GENERAL AGRICULTURE SPECIAL' THIS IS SCHEDULE 'A' TO THE ZONING BY-LAW AMENDMENT NO. ~oo9 - \ \ ~ PASSED THIS DAY OF e MAYOR CLERK FILE; 2-104-08.21 APPLICANT; Eli Albrecht DATE: February 2009