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Home My WebLink About10 116 amend zoning bruce ribey lot 4 con 11 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT i. // � OP /pgUTY OF 00 BY -LAW No.2010 -116 BEING A BY -LAW TO AMEND ZONING BY -LAW NO. 2003 -25, BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE MUNICIPALITY OF KINCARDINE III; Bruce and Heather Ribey, Lot 4, Concession 11, Municipality of Kincardine (former Township of Bruce) W HEREAS S ection 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 'Al', `A1 -ax' and `EP' to `A1 -fm', `A1 -a' and `A1 -fn' the zoning designation of those lands described as Lot 4, Concession 11, III Municipality of Kincardine (former Township of Bruce) 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 paragraphs to subsection 9.3 thereof: 9.3.159 (a) Notwithstanding their 'Al' zoning designation, those lands delineated as `A1 -fm' on Schedule `A' to this By -law may be used for `Non -farm Lot' purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting however, that: (i) The number of livestock units shall be limited to 3.7 livestock units per hectare; 9.3.159 (b) Notwithstanding their 'Al' zoning designation, those lands delineated as `A1 -fn' on Schedule `A' to this By -law may be used for `Farm Lot' purposes in compliance with the 'Al' zone provisions III contained in this By -law, excepting however, that: (i) No residential buildings or structures shall be permitted; (ii) A `Commercial Wind Generation System (CWGS)' consisting of no more than one (1) `Wind Generating System (WGS) shall also be permitted; Page 2 By -law No. 2010 — 116 Amendment to Comprehensive Zoning By -law Lot 4, Concession 11, former Township of Bruce III (1.) For the purposes of this By -law the following Definitions shall apply: COMMERCIAL WIND GENERATION SYSTEM (CWGS): means one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on `nameplate rating capacity' and are connected to the provincial transmission grid. WIND GENERATION SYSTEM (WGS): means any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. (2.) For the purposes of this By -law the following Provisions and Notes 1, 2 and 3 shall apply: Feature Provision /Regulation `CWGS' Minimum Setback 600 metres (1968.5 feet) to a `Rural Residential Cluster' Note 1 111 `CWGS' Minimum Setback 700 metres (2296.6 feet) to lands within a `Settlement Area' Note 2 `WGS' Minimum Setback 1.10 times the `Total WGS to: Residential uses or Height' Note 3 structures designed for human habitation on the same lot as a `WGS' `WGS' Minimum Setback 1.25 times the `Total WGS to: County or Provincial Height' from the right -of- road or highway way line `WGS' Minimum Setback `Total WGS Height' minus to: Front Yard or Exterior 10 metres (33 ft.) Side Yard Maximum `Total WGS 121.0 metres (397 feet) Height' Signs /Advertising /Logos Advertising signs or logos on any `WGS' shall be • prohibited; a maximum of 2 project identification signs not to exceed 1.49 square metres (16 square feet) in area or 2.44 metres (8 feet) in height shall be permitted. Note 1. A `Rural Residential Cluster' means four (4) or more residential lots, each lot being less than 0.8 hectares (2 acres) in area, that share a common boundary including lots located across a roadway. Note 2. A `Settlement Area' means any urban area or rural settlement area that is designated in the Kincardine Official Plan or County of Bruce Official Plan for development such as, but not limited to, Underwood, Inverhuron, North Bruce, Shoreline Development Area etc. III Note 3. `Total WGS Height' is measured from average grade to the uppermost extension of any blade, or the maximum height reached by any part of the turbine whichever is greater. Page 2 By -law No. 2010 — 116 Amendment to Comprehensive Zoning By -law Lot 4, Concession 11, former Township of Bruce • (3.) The `WGS' Minimum Setback to an `Interior Side Yard' or `Rear Yard' shall be no less than `1.0 times the Total WGS Height [1.0 x Total WGS Height]' excepting however the setback may be reduced to 0 metres (0 feet) provided that: a. The abutting landowner is the same registered owner as that of the lands to which approval for a `WGS' applies; or b. The abutting landowner has also signed both an option agreement and has a lease /easement agreement permitting the erection of a WGS'; or c. The abutting landowner has also signed both an option agreement and has a lease /easement agreement permitting the construction of project infrastructure i.e., access roads and /or electricity transmission line on the abutting lands; or d. The `Interior Side Yard' or `Rear Yard' abuts the Hydro One right -of -way 230 kV transmission corridor. Ill 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, (Lot 4, Concession) 1, Municipality of Kincardine (former Township of Bruce)), By -law ". READ a FIRST and SECOND TIME this 8 day of September, 2010. " 1. Il : : , �� ,l�-� I �� , I e . ayor Q9 it Clerk READ a THIRD TIME and FINALLY PASSED this 8 day of September, 2010. • 1 ayor i)ep Clerk 111 SCHEDULE 'A' Lot 4, Concession 11, [1314 Concession 10], Geographic Township of Bruce, Municipality of Kincardine / / i =_ _/ A 1 __________ ___,___,__ _____,_,_ _ _ _ ' A-_,..,______ // , _ —7- -- f k al? 4 i A , ‘ i ■ a C 1**6 77 Ns:00,N i I A 1 10/Av%sc," , *,,,,,v/..,,,"\\„/: e Ifib 41404061„4 " 16- 0 -14111111111111 41 i oh N `SS - 0 50 100 11111[lel Metres L j SUBJECT PROPERTY LANDS TO BE ZONED 'A1 -fm, GENERAL AGRICULTURE SPECIAL' ■ LANDS TO BE ZONED 'A1 -fn, GENERAL AGRICULTURE SPECIAL' / / / / / / LANDS TO BE ZONED 'Al-a, GENERAL AGRICULTURE SPECIAL - LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION' THIS IS SCHEDULE 'A' TO THE ZONING BY -LAW • AMENDMENT NO.iD Ilto PASSED THIS g DAY OF _ ■.i1.s I _1. s MAYOR _ i CLERK 1A+ o►!�'0_ _ 0 1 ∎. 01 + ! .a h1.4_ : _ .. 4 4 FILE: Z -44 -10.26 APPLICANT: Bruce and Heather Ribey DATE:September, 2010