HomeMy WebLinkAbout11 010 amend zoning by-law, don bird, lot 17 plan 372 inverhuron THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
No. 2011 — 010
BEING A BY -LAW TO AMEND ZONING BY -LAW NO. 2003 -25,
BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE
MUNICIPALITY OF KINCARDINE
Don Bird,
Lot 17, Plan 372, Townplot of Inverhuron, Municipality of Kincardine (geographic Hamlet
of Inverhuron)
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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 'PD' and 'EP' to `PD -k' and 'EP -q' the zoning designation
• of those lands described as Lot 17, Plan 372, Municipality of Kincardine
(geographic Hamlet of Inverhuron) 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 34.6 thereof:
34.6.16 Notwithstanding their 'EP' zoning designation, those lands
delineated as 'EP -q' on Schedule `A' to this By -law may be used for
'Environmental Protection' purposes in compliance with the 'EP'
zone provisions contained in this By -law, excepting however, that:
(i) A single detached dwelling shall be a permitted use;
(ii) The lot shall comply with the provisions of Section 12.2
'Zone Provisions — Residential One Zone', with the
exception:
a. That the minimum lot frontage and lot area shall be as it
• existed on the date of passage of this by -law
b . That the minimum front yard setback to any building or
structure shall be no less than 5.27 m as it existed on the
date of passage of this by -law;
c. That the maximum lot coverage for the principle building
shall be 25 %.
Page 2
By -law No. 2011 — 010
Amendment to Zoning By -law Lot 17, Plan 372
• (iii) Subsections 6.11, 6.12, 6.19 and 7.5 of the By -law do not
apply to the subject property, and
(iv) No person shall erect any building or structure or increase
the height, size or volume of existing structures unless the
owner has entered into a 'Limited Services Agreement' with
the Corporation.
3. 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 35.3 thereof:
35.3.10 Notwithstanding their 'PD' zoning designation, those lands
delineated as `PD -k' on Schedule 'A' to this By -law may be used for
`Planned Development' purposes in compliance with the 'PD' zone
provisions contained in this By -law, excepting however, that:
(ii) A single detached dwelling shall be a permitted use;
• (ii) The lot shall comply with the provisions of Section 12.2
`Zone Provisions — Residential One Zone', with the
exception:
a. That the minimum lot frontage and lot area shall be as it
existed on the date of passage of this by -law
b. That the minimum front yard setback to any building or
structure shall be no less than 5.27 m as it existed on the
date of passage of this by -law;
c. That the maximum lot coverage for the principle building
shall be 25 %.
(iii) Subsections 6.11, 6.12, 6.19 and 7.5 of the By -law do not
apply to the subject property, and
(iv) No person shall erect any building or structure or increase
the height, size or volume of existing structures unless the
owner has entered into a 'Limited Services Agreement' with
the Corporation.
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 Zoning By -law 2003 -25, (Lot 17,
Plan 372, Townplot of Inverhuron), By -law ".
READ a FIRST and SECOND TIME this 19 day of January, 2011.
a
yor Clerk
READ a THIRD TIME an. FINALLY PASSED this 19 day of January, 2011.
4 -yor Clerk U
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SCHEDULE 'A'
Lot 17, Plan 372, Townplot of Inverhuron,
geographic Township of Bruce, Municipality of Kincardine
[95 -D Lake Street]
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29,5 m
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L SUBJECT PROPERTY
it: Q LANDS TO BE ZONED 'PD -k, PLANNED DEVELOPMENT SPECIAL'
ky . \\:,\\ \ LANDS TO BE ZONED 'EP -q, ENVIRONMENTAL PROTECTION SPECIAL'
THIS IS SCHEDULE 'A' TO THE ZONING BY -LAW
AMENDMENT NO. an' t - on PASSED THIS
• 10 DAY OF .Y n inr■A any\
MAYOR es.. -
CLERK , . s. -
FILE: Z -58 -10.26 APPLICANT: Don Bird c/o Bruce Woods Construction DATE: December, 2010