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HomeMy WebLinkAbout09 177 Amendment to Comprehensive Zoning By-Law 2003-25 By-LawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT I�'aA�i.9 No. 2009 —177 BEING A BY -LAW TO AMEND ZONING BY -LAW NO. 2003 -25, BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE MUNICIPALITY OF KINCARDINE Underwood Wesley Pastoral Charge, Lot 5 & 6, Plan 114, Municipality of Kincardine (geographic Township of Bruce) • 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 `I' to 'I-e' and 'R1 -at' the zoning designation of those lands described as Lot 5 & 6, Plan 114, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule is W. 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 12.3 thereof: 12.3.46 Notwithstanding their 'R1' zoning designation, those lands delineated as 'R1 -at' on Schedule 'A' 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 978.6 square metres (10,533 sq.ft.); (ii) The minimum lot frontage shall be no less than 24.2 metres (79.6 ft); (iii) The minimum exterior side yard setback shall be no less than 5.3 metres (17.5 feet) for the single detached dwelling as it existed as of the date of passage of the By -law. • - - amended, bein the Comprehensive Zoning B 3. By-law No. 2003 25, as g p g -law y for the Municipality of Kincardine, is hereby further amended by adding the following paragraph to subsection 31.4 thereof: Page 2 By -law No. 2009 —177 Amendment to Comprehensive Zoning By -law Lot 5 & 6, Plan 114 • 31.4.5 Notwithstanding their `I' zoning designation, those lands delineated as 'I -e' on Schedule `A' to this By -law may be used for `Institutional' purposes in compliance with the `I' zone provisions contained in this By -law, excepting however, that: (i) The minimum lot area shall be no less than 635 square metres (6850 sq.ft.); (ii) The minimum lot frontage shall be no less than 15.9 metres (52 ft); (iii) The minimum front yard setback shall be no less than 4 metres(13.1 feet) for the church as it existed as of the date of passage of the By -law; (iv) The minimum side yard setback on the south side shall be no less than 0.57 metres (1.9 ft) for the church as it existed as of the date of passage of the By -law. • • 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, (Lot 5 & 6, Plan 114, Municipality of Kincardine (geographic Township of Bruce), By -law ". READ a FIRST and SECOND time this 9 day of December, 2009. .� a y or up_,�Clerk READ a THIRD time and FINALLY PASSED this 9 day of December, 2009. M ayor " 4� Xv�qClerk ' • SCHEDULE 'A' Lot 5 and 6, Plan 114, Municipality of Kincardine (geographic Township of Bruce) (315:3U H lg nway 21 & 2 Sanctuary Street, Underwood) 10 I 0 • SUBJECT PROPERTY LANDS TO BE ZONED'R1 -at - RESIDENTIAL ONE SPECIAL' (severed lot) LANDS TO BE ZONED 'I -e - INSTITUTIONAL SPECIAL' (retained lot) 0 THIS IS SCHEDULE W TO THE ZONING BY -LAW AMENDMENT 1\10. ,�9- PASSED THIS 9+h DAY OF �� 9 MAYOR CLERK FILE: Z -64 -09.26 APPLICANT: United Church of Canada DATE: December 2009