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HomeMy WebLinkAbout12 043 Amend to Zoning By-law 2003-25 update and housekeeping by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT N. III it...,:iir,,,,t* vi,,,,,,„ ,i, A ITY OF 100,\0 O BY -LAW No. 2012 — 043 BEING A BY -LAW TO AMEND ZONING BY -LAW NO. 2003 -25, BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE MUNICIPALITY OF KINCARDINE Update and Housekeeping By -law Municipality of Kincardine (geographic Township of Bruce, Township of Kincardine and Town of Kincardine) III 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: • - ' designation of those lands described as Pt. Lot 61 a. R1 p to R1 the zoning des g , Lake Range, geographic Township of Bruce, Municipality of Kincardine as shown on Map 1 of Schedule `A'; b. `R1' to `R1 -r' the zoning designation of those lands described as Lot 33, Plan 770, Sprucedale W, geographic Township of Bruce, Municipality of Kincardine as shown on Map 2 of Schedule `A' and Lot 1 to 9, Lot 24, Plan 714; and Pt. Lot 31 and Pt. Lot 32, Lake Range, geographic Township of Bruce, Municipality of Kincardine as shown on Map 4 of Schedule `A'; c. `R1 -r' to `R1' the zoning designation of those lands described as Pt. Lot 44 to 50, Lake Range having access from Sunset Drive, geographic Township of Bruce, Municipality of Kincardine as shown on Map 3 of Schedule `A'; Lots 3 & 4, E/S Victoria (Inverhuron), geographic Township of Bruce, Municipality of Kincardine; Lots 8 to10, E/S Victoria (Inverhuron) and Pt. Lots 8 to10, W/S Albert (Inverhuron), geographic Township of Bruce, Municipality of Kincardine and Pt. Lot 34 to Pt. Lot 35, Wellington W and Pt. Lot 36, Lake E, Inverhuron, geographic Township of Bruce, Municipality of Kincardine as shown on Map 6 of Schedule ' d. 'Al', `R1', `I' and 'EP' to 'Al', `R1' and 'EP' the zoning designation of those lands • described as Lot 41, Lake Range, geographic Township of Bruce, Municipality of Kincardine as shown on Map 3 of Schedule `A'; e. 'Al' and 'EP' to `PD' and `EP' the zoning designation of those lands described as Pt. Lots 11 to 20, Lake Range, geographic Township of Bruce, Municipality of Kincardine as shown on Map 5 of Schedule `A' and Pt Lot 16 to 20, Concession `A'; geographic Township of Kincardine, Municipality of Kincardine as shown on Map 15 of Schedule `A'; Page 2 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law III By -law No. 2012 - 043 f. 'ECI-h' to 'Al' the zoning designation of those lands described as Pt. Lots `F' to `J', Concession 4, geographic Township of Bruce, Municipality of Kincardine as shown on Map 5 of Schedule `A'; g. 'Al-ep' to 'Al' the zoning designation of those lands described as Pt. Lot 45 & 46, Concession `A' (being Part 1, RP 3R- 8213), geographic Township of Kincardine, Municipality of Kincardine as shown on Map 10 of Schedule 'A'; h. `A1 -en' to 'Al' the zoning designation of those lands described as Pt. Lot 38, Concession `A' (being Part 1, RP 3R- 8319), geographic Township of Kincardine, Municipality of Kincardine as shown on Map 11 of Schedule 'A'; i. `R1 -p' to `PD' the zoning designation of those lands described as Pt. Lot 35, Concession `A', geographic Township of Kincardine, Municipality of Kincardine as shown on Map 12 of Schedule 'A'; j. `A1 -fa' to 'Al' the zoning designation of those lands described as Pt. Lots 28 & 29, Concession `A' (being Part 1 & 2, RP 3R- 8498), geographic Township of Kincardine, Municipality of Kincardine as shown on Map 13; k. `A1 -fj' to 'Al' the zoning designation of those lands described as Pt. Lot 24, Concession `A' (being Part 1, RP 3R- 2710), geographic Township of Kincardine, • I. Municipality of Kincardine as shown on Map 14 of Schedule `A'; Delete 'Hartwick Lane' road allowance and move label of Samona Beach Lane to the south `Clarence Lane' section running parallel to the waterfront on Map 14 of Schedule `A'; m. 'ACI-w' to `C2' the zoning designation of those lands described as Pt Lt 1, Con 2 NDR, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 15 of Schedule 'A'; n. 'ACI-q' to `C2 -q' the zoning designation of those lands described as Pt Lt 1, Con 1 NDR and Pt.Lot 1, Con2, NDR, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 15 of Schedule 'A'; o. `R1 -p' to `R1 -r' the zoning designation of those lands west of Lower Beach Road between Golf Links Road and MacCaskill Road, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 15 of Schedule `A'; p. `R1' to `OS' the zoning designation of those lands described as Pt Lots 1 to 4, Pt. Lot 6 and Pt. Park Lot 6, Plan 10; and Pt. Lot 16, Pt. Lot 17 and Pt. Lot 20, Plan 333, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 15 of Schedule `A'; q. `R1 -ar to `R1 -f' the zoning designation of those lands described as Pt Lot 18, Concession `A'; Pk Lot 7, Pt Pk Lot 9, Plan 10; Part 1 RP 3R3896; Parts 1 and 2 RP 3R4690, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 15 of Schedule `A'; • r. `C1' to `C5' the zoning designation of those lands described as Pt.Lots 1, 2, 3 and 13, Plan 77 and Pt.Lot 3, W/S Huron Terrace (north side of Harbour Street - west of Huron Terrace), Town of Kincardine, Municipality of Kincardine as shown on Map 16 of Schedule `A'; s. `R1' to `C1' the zoning designation of those lands described as N. Pt Lot 25 to 27, Plan 4, (E /S Queen) geographic Town of Kincardine, Municipality of Kincardine as shown on Map 16 of Schedule `A'; t. `C2' to `R1' the zoning designation of those lands described as Lot 20 to 31, Plan 4, (S /S Broadway), geographic Town of Kincardine, Municipality of Kincardine; Pt. Park Lot 14 and 20, and Pt. Lot 59 and 60,PIan 4, (W /S Sutton), geographic Town of Kincardine, Municipality of Kincardine and Pt. Lot 62 to 70, Plan 4, (S /S Broadway), geographic Town of Kincardine, Municipality of Kincardine as shown on Map 16 of Schedule 'A'; u. 'C2 -f to 'Cl' the zoning designation of those lands described as PCL B -1, Block 'H' and Pt. Block `J' (being Part 4, RP 3R -253), Plan M1, (N /S Sutton); and 'C2 and C2 -j' to'C1 -i and C1 -j' the zoning designation of those lands described as Pt. Block `J', Plan M1, (N /S Sutton), geographic Town of Kincardine, Municipality of Kincardine as shown on Map 16 of Schedule 'A'; v. Delineate former 'Brine Extraction Area' and add hatching over the area south of 111/ Lambton Street, west of Queen Street and north of St. Albert Street; and add 'Note' to Map 16 and 17 of Schedule `A' as follows: "Former Brine Extraction Area - Consultation with the Ministry of Natural Resources is recommended." w. `R1' to `02' the zoning designation of those lands described as Lot 39 to 40, Plan 61, W/S Queen, geographic Town of Kincardine, Municipality of Kincardine as shown on Map 17 of Schedule `A'; Page 3 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 - 043 x. Change from `C6 -g -H' and `C6 -i -H' to `C6 -f -H' the zoning designation of those lands described as Part Lot 2, Concession 1, SDR, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 16 of Schedule 'A'; y. `R1 -am' to `R1' the zoning designation of those lands described as Pt. Block `A' and Pt. Block `R' (being Parts 1 and 2, RP 3R- 8951), Plan 3M -98, geographic Town of Kincardine, Municipality of Kincardine as shown on Map 18 of Schedule 'A'; z. `C3 -c' to 'ACI-y' the zoning designation of those lands described as Pt. Lot 6, Concession 10, geographic Township of Bruce, Municipality of Kincardine as shown on Map 19 of Schedule 'A'; aa. `A1 -fm' to 'Al' the zoning designation of those lands described as Pt. Lot 4, Concession 11, geographic Township of Bruce, Municipality of Kincardine as shown on Map 19 of Schedule `A'; bb. `A1 -ed' to 'Al' the zoning designation of those lands described as Pt. Lot 20, Concession 11, geographic Township of Bruce, Municipality of Kincardine as shown on Map 20 of Schedule 'A'; cc. 'Al-dy' to 'Al' the zoning designation of those lands described as Pt. Lot 36, Concession 12, geographic Township of Bruce, Municipality of Kincardine as • shown on Map 20 of Schedule `A'; dd. `R1' and 'Al' to `R1 -p' and `PD' the zoning designation of those lands described as Pt. Lot 6, Concession 7, geographic Township of Bruce, Municipality of Kincardine as shown on Map 21 of Schedule 'A'; ee. `I' to `C3' the zoning designation of those lands described as Pt. Lot 18, Plan 114 (being Part 4 & 5, RP 3R- 2811), geographic Township of Bruce, Municipality of Kincardine as shown on Map 21 of Schedule 'A'; ff. `I' to `R1' the zoning designation of those lands described as Pt. Lot 18, Plan 114 (being Part 2, RP 3R- 2811), geographic Township of Bruce, Municipality of Kincardine as shown on Map 21 of Schedule 'A'; gg. `PD' to 'Al' the zoning designation of those lands described as Pt. Lot 5, Concession 7, geographic Township of Bruce, Municipality of Kincardine as shown on Map 21 of Schedule `A'; Part Lots 65 to 68, Plan 210, geographic Village of Tiverton, Municipality of Kincardine and Pt. Lot 77 to 81, Plan 210 W/S KING, geographic Village of Tiverton, Municipality of Kincardine as shown on Map 24 of Schedule `A'; hh. 'Al' to `PD' the zoning designation of those lands described as Pt. Lot 4, Concession 6, geographic Township of Bruce, Municipality of Kincardine as shown on Map 21 of Schedule `A' and Part of Lot 35, Concession 12, geographic Township of Kincardine (Glammis), Municipality of Kincardine as shown on Map • 27 of Schedule `A'; ii. `PD -j' to 'Al' the zoning designation of those lands described as Pt. Lot 5, Concession 6, geographic Township of Bruce, Municipality of Kincardine as shown on Map 21 of Schedule `A'; jj. `A1 -z' to 'Al' the zoning designation of those lands described as Pt. Lot 9, Concession 7, geographic Township of Bruce, Municipality of Kincardine as shown on Map 22 of Schedule `A'; kk. 'A1 -fi' to 'Al' the zoning designation of those lands described as Pt. Lot 18, Concession 6, geographic Township of Bruce, Municipality of Kincardine as shown on Map 22 of Schedule `A'; II. `A1 -ac' to `A1 -a' the zoning designation of those lands described as Pt. Lot 9 and Lot 10, Concession 6, geographic Township of Bruce, Municipality of Kincardine as shown on Map 22 of Schedule 'A'; mm. Rotate 90 °, 'OS' to match lot boundaries the zoning designation of those lands described as Pt. Lot 6, Concession 1, geographic Township of Bruce, Municipality of Kincardine as shown on Map 22 of Schedule `A'; nn. `A1 -ae' to `A1 -a' the zoning designation of those lands described as Pt. Lot 21, Concession 5, geographic Township of Bruce, Municipality of Kincardine as shown on Map 23 of Schedule `A'; • oo. 'A1'fk' to 'Al' the zoning designation of those lands described as Pt.Lot 19, Concession 6, geographic Township of Bruce, Municipality of Kincardine as shown on Map 23 of Schedule 'A'; pp. `A1 -ff' to 'Al' the zoning designation of those lands described as Pt.Lot 19, Concession 5, geographic Township of Bruce, Municipality of Kincardine as shown on Map 23 of Schedule `A'; Page 4of17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law III By -law No. 2012 - 043 qq. 'Al' to `PD' and `OS' the zoning designation of those lands described as Pt. Lots 1 & 2, Concession 1; Part Lot 62, Plan 210, geographic Village of Tiverton, Municipality of Kincardine as shown on Map 24 of Schedule `A'; rr. 'Al', `PD', `EP', `M1' and `M1 -b' to 'Al', `EP', 'M1' and 'M1 -b' the zoning designation of those lands described as Lots 69 & 70, Plan 210, geographic Village of Tiverton, Municipality of Kincardine as shown on Map 24 of Schedule `A' ss. `C1' to `R1' the zoning designation of those lands described as Lots 4 & 5, Plan 55, S/S Queen; and Pt.Lot 6, Plan 55, N/S Mill, geographic Village of Tiverton, Municipality of Kincardine and Pt. Lots 4, Sub Lot 1, Plan 210, geographic Village of Tiverton, Municipality of Kincardine as shown on Map 24 of Schedule `A'; tt. 'R1' to 'Cl' the zoning designation of those lands described as Lots 5 to 8 & 11 & 12, W/S KING; and Parts of Lot 10, Plan 55, E/S KING; and Lots 16 & 17, Plan 76, E/S KING; and Lots 34 & 35, Plan 121, W/S King,(being Parts 2 &3, RP 3R- 7044), geographic Village of Tiverton, Municipality of Kincardine as shown on Map 24 of Schedule `A'; uu. `C2' to `C1' the zoning designation of those lands described as Lots 37 to 40, Plan 210, W/S KING; and Lots 1 to 3, Plan 135, EIS KING; and Pt. Lot 79, Plan • 210 (being Part 2, RP 3R- 3208), geographic Village of Tiverton, Municipality of Kincardine as shown on Map 24 of Schedule `A'; vv. `C2' to `C1 -i' the zoning designation of those lands described as Lots 46, 47, 50 and Pt. Lot 82, Plan 210, W/S King geographic Village of Tiverton, Municipality of Kincardine as shown on Map 24 of Schedule `A'; ww. `R1' and `EP' to `R1', `EP' and 'Al' the zoning designation of those lands described as Lot 83, Pt. Lots 85, Plan 210, geographic Village of Tiverton, Municipality of Kincardine as shown on Map 24 of Schedule `A'; xx. `R1' to 'Al' the zoning designation of those lands described as Pt. Lots 75 & 76, Plan 210, geographic Village of Tiverton, Municipality of Kincardine as shown on Map 24 of Schedule `A'; yy. `A1 -ea' to 'Al' the zoning designation of those lands described as Pt.Lot 1, Concession 5, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 25 of Schedule `A'; zz. `A1 -m' to 'Al' the zoning designation of those lands described as Pt. Lot 29, Concession 12, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 26 of Schedule `A'; aaa. `A1 -fe' to 'Al' the zoning designation of those lands described as Pt. Lot 33, Concession 11, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 26 of Schedule `A'; • bbb. `A1 -dz' to 'Al' the zoning designation of those lands described as Pt. Lot 34, Concession 8, geographic Township of Kincardine, Municipality of Kincardine as shown on Map 26 of Schedule `A'; ccc. 'Al' to `R1' and `PD' the zoning designation of those lands described as Part of Lots 34 & 35, Concession 1, geographic Township of Bruce (Glammis), Municipality of Kincardine as shown on Map 27 of Schedule 'A'; ddd. 'ACI-w', 'ACI-q' and `C2' to `C2 -w', `C2 -q' and `C2' the zoning designation of those lands described as Part of Lot 1, Concession 2, NDR, geographic Township of Kincardine (Town), Municipality of Kincardine as shown on Map 29 of Schedule `A'; eee. 'Al' and `EP' to `PD' and `EP' the zoning designation of those lands described as Part of Lot 1, Concession 1, NDR, geographic Township of Kincardine (Town), Municipality of Kincardine as shown on Map 29 of Schedule `A'; fff. Show `Richardson Road', 'Bruce-Saugeen Townline', `Sunset Drive' from N. Pt. Lot 44 to Lot 50, `Institute Road', Cedar Wood Lane', Alma Street' west of `Albert Road', Jordan Road, Cayley Street' (to shore road allowance), `Wood Street' through to ` Cayley Street', 'Wickam Cove Lane' from Bruce Road 23 to `Beach Ridge', ' Mount Forest Road' to `Women's House', `Cedar Lane', `Hamilton Lane' east of `Huron Terrace', as `Class One' roads on Schedule `A'; • ggg. Show `White Pine Ave.', `Cedar Grove St.', `Lake Street' to `Pine Street', `Lower Beach Road' south of MacCaskill Road, Wall Street between `James and Charles', as `Class Two' roads on Schedule `A'; hhh. Show `Albert Road', Energy Park Road', north of Concession 2 (Bruce Township); `Craig Drive' extension to north, `Mount Forest Road' east of `Women's House', `Russel Street east of Hwy 21', Saratoga Road between Lake Range and Highway 21, as unopened roads on Schedule 'A'; Page 5 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 — 043 Show `Hicks Lane' (Lot 61, Bruce), Sprucedale Drive Extension (Lot 58, Bruce), Eady Lane', `Spruce Lane', Robbie Lane', `Shady Lane', `Archie Street', `MacPherson Street', Lake Street' south of `Pine Street', Lanes on Lot 54 (Kincardine Township), Collins Drive', Red Cedar Drive', `Robinson' (from 15 Robinson northerly), `White Street', Saugeen Valley Trail' and `unnamed lane', `MacLeod Road', `Rowan Ave.', Edgemere Ave.', 'Ackert Lane', `Harvey Lane', `Anderson', `glance', `McKenzie', `Mitchell', `Sandpiper', `Linden', Whipporwill', Haney Lane', Wickam Cove Lane' west of `Beach Ridge', `Hartwick Lane', Clarence Lane', Sanoma Beach', `Lower Beach Road north of MacCaskill Road', `Cedar Trail', `Hamilton Lane' west of `Huron Terrace', as `Private' roads on Schedule `A'; jjj. Show `Clinton Street' (Pt. Elgin Market) and `Evergreen Court' west of McGaw as privately owned land on 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, deleting or modifying sections of text, as follows: • a. Section 4.2 is modified by adding the following text at the end of the paragraph, Y g 9 as follows: `and /or Section 8 of the Building Code Act, S.O. 1992, c. 23.'; b. Section 5 — DEFINITIONS paragraphs are modified as follows: i. `CHURCH' is deleted in its entirety and replaced with, `PLACE OF WORSHIP' means a building that is owned or occupied by a religious congregation or religious organization and dedicated exclusively to worship and may include therein an `assembly hall'; `banquet hall'; `accessory dwelling unit'; and, an `accessory business office'; ii. A definition is added between `CONDOMINIUM' and `CONSERVATION AREA' as follows, `CONSERVATION' means the preservation and careful management of the environment and of natural resources.'; The definition of `DWELLING — Accessory Dwelling Unit - Apartment' is deleted in its entirety and replaced with the following: `Accessory Dwelling Unit — Apartment' means a dwelling unit, located on the same lot therewith, which is part of the permitted Non - Residential • Use building or structure.'; iv. The definition of `DWELLING - Residential Non -Farm Detached Dwelling' is deleted in its entirety and replaced with the following: `Residential Non -Farm Detached Dwellin_q' shall mean a detached dwelling located on a non -farm lot. v. A definition is added between subsections k) and I) of the Dwelling definitions, as follows: `Secondary Suite' means a dwelling unit ancillary to and contained within the same building as its principal dwelling unit.' vi. A definition is added between `FACTORY SALES OUTLET' and `FARM' as follows: `FAMILY RESOURCE CENTRE' means a place of transitional residence providing shared cooking, living, recreational, sleeping and sanitary facilities to women and their children during a crisis in their lives that may endanger their emotional, mental, social or • physical condition or legal status. A `family resource centre' as defined herein shall only be permissible if operated in accordance with the terms and stipulations of an agreement between its operators and the Ministry of Community and Social Services and in accordance with a hostel agreement under the General Welfare Act between its operators and the Corporation of the County of Bruce, Page 6 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law III By -law No. 2012 — 043 and shall provide responsible supervision and counseling consistent with the particular requirements of its residents.'; vii. The definition of `LIVESTOCK FACILITY' is modified by adding `(s)' to the end of `structure', at the end of the sentence; viii. A definition is added between `LOT LINE, SIDE' and `LOT, THROUGH' as follows: `LOT, NON -FARM' shall mean a parcel of land having an area of 4 ha (10 ac) or less that is located in an `Agricultural' or `Rural' area and is described in a deed or other document legally capable of conveying title to or interest in land.'; c. Section 6.4.3 is modified by adding the following note, as follows: `NOTE: Where a property abuts a Provincial Highway the setback requirement of the Ministry of Transportation shall prevail.' • d. Section 6.5.1 is deleted in its entirety and replaced with the following: `Dwelling units are permitted above the first storey and behind the commercial use, forming part of the building or structure'; e. Section 6.5.5 is deleted in its entirety and replaced with the following: 6.5.5 The minimum dwelling unit gross floor area shall be as follows: Dwelling Unit Minimum Dwelling Unit Gross Floor Area Bachelor dwelling unit 35 square metres Dwelling Unit containing one 50 square metres bedroom Dwelling Unit containing two bedrooms 60 square metres Dwelling Unit containing more than 60 square metres plus 10 two bedrooms square metres for each bedroom in excess of two • f. Section 6.10 is modified by adding to the end of the first sentence, the following: `excepting however that an existing residential dwelling is permitted, subject to an Agreement between the Owner and Municipality, during construction and until such time as a second residential building can be occupied on a lot, in order to facilitate replacement of an existing dwelling.'; g. Section 6.13 is deleted in its entirety and replaced with the following: `HOME OCCUPATION - PROFESSIONAL USE Where listed as a permitted use, Home Occupation - Professional Use may be permitted within a single detached dwelling unit, or an accessory structure by professional practitioners, such as but not limited to: accountants, architects, auditors, dentists, optometrists, engineers, insurance agents, land surveyors, lawyers, medical practitioners, chiropractors, notaries, planners, realtors, photographers, hairdressers, consultants, provided that :'; h. Section 6.14 is deleted in its entirety and replaced with the following: `6.14 HOME OCCUPATION - HOUSEHOLD AND DOMESTIC ARTS Where listed as a permitted use, Home Occupation - Household and • Domestic arts may be permitted within a single detached dwelling unit, or an accessory structure. Household and Domestic Arts includes uses such as, but not limited to, dressmaking; instruction in music, dancing, arts and crafts to not more than six pupils at any one lesson; tailoring; weaving; painting; sculpting; molding; or otherwise making or repairing of garden or household ornaments, articles of clothing, and personal effects or toys, provided that :'; Page 7 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law III By -law No. 2012 — 043 i. Section 6.15 is modified by deleting the first and second sentences in their entirety and replacing them with the following: `6.15 HOME OCCUPATION — AGRICULTURAL BUSINESS Where listed as a permitted use, a Home Occupation — Agricultural Business may be permitted within an `Accessory Detached Dwelling' and shall be limited to the sale of farm products produced /grown or raised on the property. Further, where listed as a permitted use, a Home Occupation — Agricultural Business may be permitted within an accessory building and shall be limited to a nursery; food processing, primary; food processing, secondary; industry, non - effluent producing; bulk sales establishment — agricultural; provided that:'; j. Section 6.16 is modified by deleting subsection d) in its entirety and replacing with the following: `One accessory building may be used for the storage of equipment, vehicles and supplies, provided that not more than one hundred square metres of the accessory building is devoted to such use. Accessory • buildings shall not be used for retailing, processing or manufacturing purposes'; k. Section 6.20.2.1 is modified by deleting `save and except Residential Uses,' such that the paragraph reads as follows: `Included in the number of parking spaces required in Section 6.20.1 for all uses, shall be Handicapped parking spaces designed in accordance with the following:'; I. Section 6.20.7 is modified by deleting the paragraph 'Residential — except Apartment Dwelling House' in its entirety and replacing with the following: All yards provided that no part of any parking area, other than a driveway, is located closer than 1.5 metre to any street line and provided further that no more than, the greater of, 50% of the width of a front yard or exterior yard as measured along a front or exterior lot line, or the minimum width of a driveway, shall be devoted to parking areas. m. 'Section 6.22 is modified by deleting `9 metres from the point of intersection' at the end of the first sentence and replacing with `7.5 metres from the point of • n. intersection'; Section 6.24.6b) is modified by adding addin `provided that a minimum 4.5 metre setback is maintained from any front lot line or exterior lot line.'; o. Section 6.26 is modified by deleting `windmills and wind turbines' from the list of exemptions to maximum height restrictions; P. Section 6.30.3 is modified by changing the second reference to another section from `6.20.2' to `6.30.2'; q. Section 6.34 — Dwelling Units Below Grade, is deleted in its entirety, and replaced with the following: `6.34 — Secondary Suites One secondary suite is permitted in `Residential' zones, within a `Single detached dwelling', `Semi- detached dwelling' or `Row dwelling' provided that: i. The lot has frontage on a Class One (1) Street; ii. It does not change the streetscape character along the road on which it is located; • iii. It is not a stand -alone principal unit, capable of being severed; iv. Appropriate services are or can be made available; v. In the case of a `Semi- detached dwelling' or `Row dwelling' that each principle dwelling unit is located on a separate lot; vi. That one `additional' parking space is provided for the `secondary suite'; Page 8 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law III By -law No. 2012 — 043 vii. The `secondary suite' must share the parking and yards provided for the principal dwelling unit, and no new driveway may be created; and, viii. A `Home Occupation' is not permitted in a `Secondary Suite. Where a `Secondary Suite' is located on a lot, a Garden Suite is not permitted on that lot.' r. Section 6.35 is deleted in its entirety and replaced with the following: `Wayside Pits, Wayside Quarries and Portable Asphalt Plats shall be permitted in any zone, save and except those areas of existing development or particular environmental sensitivity which have been determined to be incompatible with extraction and associated activities.' s. Section 6.36 is deleted in its entirety and replaced with, `6.36 MINIMUM DISTANCE SEPARATION i. `Notwithstanding any other provisions of this By -law to the contrary, all new land uses including the creation of lots and including but not limited to lands to be rezoned to permit a residential, institutional, • commercial, industrial, recreational or non -farm dwelling use will comply with the Provincial Minimum Distance Separation I (MDS I) Formula (as amended from time to time); ii. Notwithstanding any provisions of this By -law to the contrary, a residential, institutional, commercial, industrial or recreational use, or non -farm dwelling use to be located upon a vacant existing lot of record, or a new lot created by a Land Division Committee, must comply with the Minimum Distance Separation 1 (MDS I) Formula (as amended from time to time); iii. Notwithstanding any other yard or setback provisions of this By -law to the contrary, no `livestock facility' or `manure storage structure' shall be erected, permitted, and /or expanded /enlarged unless it complies with the Minimum Distance Separation II (MDS II) Formula (as amended from time to time)' t. Section 7.5 is modified by adding 'or OS' after 'EP' such that the paragraph reads as follows: 7.5 MORE THAN ONE ZONE ON A LOT Where a lot has two or more of its parts classified in different zones, then the provisions for each zone shall apply to each part as if said part was a • separate lot, excepting however where a portion of a property is zoned `EP' or `OS' such portion may be used to satisfy the side yard, rear yard or front yard setback provisions.'; u. The title and first sentence of Section 8 are deleted, and Section '8.1' and `8.2' are renumbered to `9.3' and '9.4'; v. Section 9.1 is modified by deleting the NON -FARM LOT' Table in its entirety and replacing with the following: NON -FARM LOT A `Residential Non -Farm `Single Home Occupation — Detached Dwelling' in Professional Use in accordance with Section 9.3. accordance with Section 6.13 Bed and Breakfast Home Occupation — Household Establishment in accordance and Domestic Arts in with Section 6.17 accordance with Section 6.14 Conservation Area Home Occupation — Trades Persons in accordance with Section 6.16 • Group Home Type 1 Kennel in accordance with Section 6.37 w. Section 9.3 is renumbered to '9.5; x. Sections 9.3.9a), 9.3.10 (first reference), 9.3.11, 9.3.12a)(i), 9.3.14(i), 9.3.18a)(i), 9.3.23a)(i) and (iii), 9.3.23(b), 9.3.24a)(i), 9.3.24b), 9.3.120, 9.3.121, 9.3.122, Page 9 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 — 043 9.3.123, 9.3.124, 9.3.126(i), 9.3.127a), 9.3.133(i), 9.3.134(i), 9.3.137, 9.3.139,9.3.140(i), 9.3.142 through 9.3.149, 9.3.150, 9.3.154, 9.3.155a), 9.3.156, 9.3.157(ii), 9.3.158a), and 9.3.159a) are deleted in their entirety; y. Section 12.1 is deleted in its entirety and replaced with the following: `12.1 PERMITTED USES In any R1 - Residential One Zone, no person shall use any building, structure or land nor erect any building or structure except in accordance with the following provisions: RESIDENTIAL • Single detached dwelling • Semi - detached dwelling • Duplex dwelling • Secondary Suite in accordance with Section 6.34 NON - RESIDENTIAL • Bed and Breakfast Establishment in accordance with Section 6.17 • • Place of Worship • Group Home - Type 1 • Home Occupation - Household and Domestic Arts in accordance with Section 6.14 • Home Occupation - Professional Uses in accordance with Section 6.13 • Day Care Nursery (Licensed) • Nursing Home • Public Park'; z. Section 12.2 is deleted in its entirety and replaced with the following: `12.2 ZONE PROVISIONS No person shall within any R1- Residential One Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 12.2.1 Zone Provisions for Single Detached Dwellings PROVISION NO MUNICIPAL EITHER MUNICIPAL MUNICIPAL • S SEWER OR WATER OR SEWER AND SEWER Lot Area 4,000 square 1800 square metres 464 square (Minimum) metres metres Lot Frontage 30 metres 30 metres 15 metres (Minimum) Lot Frontage - 30 metres 30 metres 18 metres Corner Lot (Minimum) Front Yard 6 metres 6 metres 6 metres (Minimum) Rear Yard 7.5 metres 7.5 metres 7.5 metres (Minimum) Exterior Side Yard 6 metres 6 metres 6 metres (Minimum) 2.4 metres on one side and 1.2 metres on the opposite side • of the same lot plus 0.6 metres on the narrow side for each Interior additional or partial storey above the first storey on that Side Yard side. Provided that where a garage or carport is attached (Minimum) to the main principal building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 meters plus 0.6 metres for each additional or partial storey above the first storey on that side. Page 10 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 — 043 Total Floor 75 square Area 75 square metres 75 square metres metres (Minimum) Height - Principal 10.5 metres 10.5 metres 10.5 metres Building (Maximum) Lot Coverage (Principal 15% 20% 40% Building) (Maximum) 12.2.2 Zone Provisions for Semi - Detached Dwellings on Full Municipal Services When the two dwelling units in a semi - detached dwelling are both located • on the same lot, the following lot area and lot width regulations shall apply: (i) Interior Lot 720 square Lot Area (Minimum) metres (ii) Corner Lot 810 square metres Lot Frontage (Minimum) (i) Interior Lot 24 metres (ii) Corner Lot 27 metres Front Yard (Minimum) 6 metres Exterior Side Yard (Minimum) 6 metres 2.4 metres provided that where a garage or carport is attached to the main building, the minimum width of the interior side yard shall be 1.2 metres plus 0.6 Interior Side Yard (Minimum) metres for each additional or partial storey above the first storey on that side. A semi- detached dwelling unit on a • separate lot shall require an interior or exterior side yard on only one side. Rear Yard (Minimum) 7.5 metres Building Height (Maximum) 10.5 metres Maximum Lot Coverage 40 % (Principal Building) Total Floor Area (Minimum) 70 square metres When each of the two dwelling units in a semi - detached dwelling is to be located on a separate lot, all provisions of Section 12.2.2 shall apply, except the following lot area and lot width regulations for each dwelling unit: (i) Interior Lot 360 square Lot Area (Minimum) metres (ii) Corner Lot 450 square • metres Lot Frontage (Minimum) (i) Interior Lot 12 metres (ii) Corner Lot 15 metres 12.2.3 Zone Provisions for Duplex Dwelling on Full Municipal Services Page 11of Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 — 043 Lot Area (Minimum) 520 square metres Lot Width (Minimum) 15 metres Front Yard (Minimum) 6 metres Exterior Side Yard (Minimum) 6 metres 2.4 metres on one side and 1.2 metres on the opposite side of the same lot, plus 0.6 metres on the narrow side for each additional or partial storey above the first storey on that side. Interior Side Yard (Minimum) Provided that where two garages or two carports are attached to the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 • metres plus 0.6 metres for each additional or partial storey above the first storey on that side. Rear Yard (Minimum) 7.5 metres Building Height (Maximum) 10.5 metres Maximum Lot Coverage 40 % (Principal Building) Total Floor Area (Minimum) 70 square metres aa. Modify 12.3.6 by adding `and Pt Lot 18, Pk Lt 7, Pt Pk Lt 9 Plan 10, Concession `A'; (being Part 1 RP 3R3896; Parts 1 and 2 RP 3R4690)' to the description of the `Subject Lands' and deleting subsection 12.3.6(iii), such that the subsection reads as follows: `.6 By -law No.: 84 -40 and 2008 -169 (Woman's House) Subject Lands: Pt Lt 17; and Pt Lot 18, Pk Lt 7, Pt Pk Lt 9 Plan 10, Concession `A'; (being Part 1 RP 3R3896; • Special Zone: Parts 1 and 2 RP 3R4690) `R1 -f' Exception to Zone Provisions: (1) A `family resource centre' and uses accessory thereto shall be permitted in the existing building in accordance with the `Institutional' zone provisions (ii) 1 parking space per sleeping or guest room, plus one parking space for each 20 square metres of floor area or fraction thereof, used for assembly, restaurants or the dispensing of food or drink. bb. Add a new Section 12.3.35 as follows: `.35 By -law No.: 2012- (Rowe Motors) Subject Lands: W. Pt Lot 27, Plan 4 (Town) Special Zone : `R1 -aj -H Exception to Zone Provisions: (1) Prior to removal of the Holding provision the subject lands may be used for vehicle storage and parking as it existed on the date of passage of this By -law; (ii) The Holding provision may be removed when a satisfactory • Record of Site Condition has been accepted and approved by the appropriate Approval Authority. cc. Delete 12.3.39 and 12.3.44 in their entirety; dd. Section 13.1 is deleted in its entirety and replaced with the following: Page 12 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 — 043 `13.1 PERMITTED USES In any R2 - Residential Two Zone, no person shall use any building, structure or land nor erect any building or structure except in accordance with the following provisions: RESIDENTIAL • Single detached dwelling • Semi - detached dwelling • Duplex dwelling • Secondary Suite in accordance with Section 6.34 NON - RESIDENTIAL • Bed and Breakfast Establishment in accordance with Section 6.17 Place of Worship • Group Home - Type 1, in a Single detached dwelling • Home Occupation - Professional in accordance with Section 6.13'; • ee. Section 13.2.1 is deleted and replaced with the following: `13.2.1 Zone Provisions for Single Detached Dwellings on Full Municipal Services Lot Area (Minimum) 325 square metres Lot Frontage (Minimum) interior lot - 10 metres; corner lot - 15 metres Front Yard (Minimum) 6 metres Exterior Side Yard 6 metres (Minimum) 2.4 metres, for one interior side yard and 1 metre for the opposite side of the same lot plus 0.6 metres on the narrow side for each additional or partial storey above the first Interior Side Yard storey on that side. Provided that where a (Minimum) garage or carport is attached to the main building, or the lot is a corner lot, the minimum • width of the interior shall be one metre plus 0.6 metres for each additional or partial storey above the first storey on that side. Rear Yard (Minimum) 7.5 metres Building Height 10.5 metres (Maximum) Maximum Lot Coverage 50 (Principal Building) Total Floor Area 65 square metres (Minimum) ff. Section 13.2.2 is deleted and replaced with the following: 13.2.2 Zone Provisions for Semi - Detached Dwellings on Full Municipal Services When the two dwelling units in a semi - detached dwelling are both located on the same lot, the following lot area and lot width regulations shall apply: Lot Area (Minimum) (i) Interior Lot 600 square metres • ii C orner Lot 700 square metres ( ) q Lot Frontage (Minimum) (1) Interior Lot 20 metres (ii) Corner Lot 23.5 metres Front Yard (Minimum) 6 metres Page 13 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 — 043 Exterior Side Yard (Minimum) 6 metres 2.4 metres provided that where a garage or carport is attached to the main building, the minimum width of the interior side yard shall Interior Side Yard be 1.2 metres plus 0.6 metres for each (Minimum) additional or partial storey above the first storey on that side. A semi- detached dwelling unit on a separate lot shall require an interior or exterior side yard on only one side. Rear Yard (Minimum) 7.5 metres Building Height 10.5 metres (Maximum) Maximum Lot Coverage 50 (Principal Building) Total Floor Area 65 square metres (Minimum) • When each of the two dwelling units in a semi - detached dwelling is to be located on a separate lot, all provisions of Section 13.2.2 shall apply, except the following lot area and lot width regulations for each dwelling unit: Lot Area (Minimum) (i) Interior Lot 300 square metres (ii) Corner Lot 400 square metres Lot Frontage (Minimum) (1) Interior Lot 10 metres (ii) Corner Lot 13.5 metres gg. Section 13.2.3 is deleted and replaced with the following: 13.2.3 Zone Provisions for Duplex Dwelling on Full Municipal Services Lot Area (Minimum) 520 square metres Lot Width (Minimum) 15 metres Front Yard (Minimum) 6 metres • Exterior Side Yard (Minimum) 6 metres 2.4 metres on one side and 1.2 metres on the opposite side of the same lot, plus 0.6 metres on the narrow side for each additional or partial storey above the first storey on that Interior Side Yard side. Provided that where two garages or two (Minimum) carports are attached to the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 metres plus 0.6 metres for each additional or partial storey above the first storey on that side. Rear Yard (Minimum) 7.5 metres Building Height 10.5 metres (Maximum) Maximum Lot Coverage 45 (Principal Building) Total Floor Area (Minimum) 65 square metres • hh. Delete Section 13.4.2 in its entirety; ii. Section 14.1 is deleted and replaced with the following: Page 14 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 — 043 14.1 PERMITTED USES In any R3 - Residential Three Zone, no person shall use any building, structure or land nor erect any building or structure except in accordance with the following provisions: RESIDENTIAL • Duplex dwelling • Boarding House • Quadraplex dwelling • Row dwelling • Semi - detached dwelling • Single detached dwelling • Triplex dwelling • Secondary Suite in accordance with Section 6.34 NON - RESIDENTIAL • Bed and Breakfast Establishment in accordance with Section 6.17 • Place of Worship • • • Group Home - Type 1 Home Occupation - Professional in accordance with Section 6.13 • Home Occupation - Household and Domestic Arts in accordance with Section 6.14 • Day Care Nursery (Licensed) • Nursing Home • Public Park jj. Section 14.2.1 is deleted and replaced with the following: 14.2.1 Zone Provisions for Triplex Dwelling on Full Municipal Services Lot Area (Minimum) 650 square metres Lot Frontage (Minimum) 18 metres Front Yard (Minimum) 6 metres Exterior Side Yard 6 metres (Minimum) • Interior inimum) Side Yard 3 metres plus 0.6 metres for each additional (M or partial storey above the first storey. Rear Yard (Minimum) 7.5 metres Building Height 10.5 metres (Maximum) Maximum Lot Coverage 40 (Principal Building) Dwelling Unit Floor Area 60 square metres (Minimum) kk. Section 14.2.2 is deleted and replaced with the following: 14.2.2 Zone Provisions for Quadruplex Dwelling on Full Municipal Services Lot Area (Minimum) 800 square metres Lot Frontage (Minimum) 24 metres • Front Yard (Minimum) 6 metres Exterior Side Yard 6 metres (Minimum) Interior Side Yard 3 metres plus 0.6 metres for each additional (Minimum) or partial storey above the first storey. Rear Yard (Minimum) 7.5 metres Page 15 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 — 043 Building Height 10.5 metres (Maximum) Maximum Lot Coverage 40 oh (Principal Building) Dwelling Unit Floor Area 60 square metres (Minimum) II. Section 14.2.3 is deleted and replaced with the following: 14.2.3 Zone Provisions for Row Dwelling on Full Municipal Services 160 square metres for each interior row Lot Area (Minimum) dwelling unit plus 200 square metres for each end row dwelling unit 4.5 metres per interior row dwelling unit, plus Lot Frontage (Minimum) 1.2 metres for an end row dwelling unit and an additional 0.6 metres for each additional • or partial storey above the first storey. Front Yard (Minimum) 6 metres Exterior Side Yard 6 metres (Minimum) 2.4 metres plus 0.6 metres for each additional or partial storey above the first storey. SAME: Provided that where an end - Interior Side Yard unit is adjacent to another end -unit in the (Minimum) same development, the minimum width of an interior side yard (for each potential `freehold' end unit) shall be 1.2 metres plus 0.6 metres for each additional or partial storey above the first storey. Rear Yard (Minimum) 7.5 metres Building Height 10.5 metres (Maximum) Coverage (Maximum) 60% Dwelling Unit Floor Area 60 square metres • (Minimum) mm. Section 14.2.6 is deleted in its entirety and replaced with the following: 14.2.6 Zone Provisions for Single Detached Dwellings Refer to Section 13; nn. Delete Section 14.3.12 in its entirety; oo. Section 15.2.1 is deleted and replaced with the following: 15.2.1 Zone Provisions for Apartment Dwelling Lot Area (Minimum) i) For each bachelor dwelling unit and [The minimum lot area each one bedroom unit: 93 square metres shall be the sum of the ii) For each dwelling unit having two areas required for each bedrooms: 140 square metres plus 46 dwelling unit on the square metres per each additional bedroom lot:] in excess of two bedrooms • Lot (Minimum) Frontage 30.5 metres Front Yard (Minimum) 6 metres Exterior Side Yard 6 metres (Minimum) Interior Side Yard 6 metres provided that an interior side yard Page 16 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law • By -law No. 2012 — 043 (Minimum) adjoining an end wall containing no habitable room windows may be reduced to 2 metres. Rear Yard (Minimum) 7.5 metres Building Height 12 metres (Maximum) Maximum Lot Coverage (Principal 45% Building) i) Bachelor Dwelling Unit 35 square metres Dwelling Unit Floor 11) One Bedroom Unit 50 square Area (Minimum) metres Hi) For each additional 10 square metres bedroom pp. Delete Section 15.3.5, and 15.3.9 in their entirety; • qq. All occurrences of the phrase `or Tiverton Secondary Plan', are deleted from the By -law; rr. All occurrences of `Planting Strip and /or Privacy Fence' shall be followed by `Refer to Section 6.21 of this By -law'; ss. Modify Section 17 by adding a new Section 17.5.8, as follows: `17.5.8 By -law No.: 2012- (Gowing') Subject Lands: Lots 46, 47, 50 and Pt. Lot 82, W/S King, Plan 210 (Tiverton) Special Zone: `C1 -i' Exception to Zone Provisions: i) In addition to the uses of the `C1— General Commercial' zone, an Automobile Service Station is a permitted use, in accordance with the `C2' zone provisions; tt. Section 18.4 is modified by adding the following subsection: • `18.4.13 Subject Lands: Pt Lt 1, Con 1 NDR and Pt Lt 1, Con 2 NDR (Kincardine Twp) Special Zone: `C2 -q' Exception to Zone Provisions: i) In addition to the `Permitted Uses' of the C2 zone, the following additional uses shall also be permitted: Retail store and Public Building. uu. Modify Section 19.1 and Section 23.1 by deleting `Inverhuron' from the list of Hamlets; vv. Delete 20.3.2 in its entirety; ww. Modify Section 22.3 by changing the minimum yard setback in Footnote (a) from '45 metres' to '14 metres'; xx. Section 22.4.4 is modified by changing the section referred to from `6.15' to `6.18'; 41) yy. Section 22.4.5 is modified by changing the section referred to from `6.17' to `6.20'; zz. Delete Section 22.5.7 and Section 22.5.9 in their entirety; aaa. Delete Section 26.3.2 in its entirety; bbb. Delete Sections 27.4.16 and 27.4.22 in their entirety; Page 17 of 17 Amendment to Comprehensive Zoning By -law 2003 -25, (Update and Housekeeping) By -law 1111 By -law No. 2012 — 043 ccc. Modify Section 31.4.2 (second reference) by changing the `Special Zone' designation from `I -b' to `I -f' on the lands described as Pt Lt 9 (Pt 2, RP 3R- 3724), and Pt Pk Lt 4, Russell Street N/S (Pt 1, RP 3R- 3724)(Town of Kincardine), and renumbering the section as 31.4.6; ddd. Section 35.2.1 is deleted in its entirety and replaced with the following. '35.2 EXISTING RESIDENTIAL DWELLINGS & ACCESSORY BUILDINGS .1 Notwithstanding their PD Zoning designation, any single detached dwelling existing at the date of passing of this By -law, may be expanded or enlarged in accordance with the provisions of the `R1' zone where the lot fronts onto a Class One street; or the `R1 -r' zone where the lot fronts onto a Class 2 Street; or the `R1 -p' zone where the lot fronts onto a Private Street.; eee. Section 35.3.9 is deleted in its entirety and replaced with the following: `By- -law No.: 2012 - Subject Lands: Various Locations • Special Zone: 'PDT Exception to Zone Provisions: (i) In addition to the permitted uses in the `PD' zone: a. Buildings and Structures permitted in the 'Al' zone, save and except a Livestock Facility are permitted; b. A detached residence is permitted, in accordance with the `R1' zone provisions.'; fff. Delete Section 36.3 in its entirety; ggg. Delete Appendix 'A' and Appendix 'B' in their entirety, (replace with Appendix 'A' being an `Airport Vicinity' map (By -law 2010 - 099)); 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, (Update and Housekeeping) By -law ". • READ a FIRST and SECOND TIME this 11 day of April, 2012. * • i Mayor 3 ler READ a THIRD TIME and FINALLY PASSED this 11 day of April, 2012. ayor k, €0.v lerk •