HomeMy WebLinkAbout13 054 Amend Zoning lot 4 N/S Elgin Market Square and Part Elgin Market Square Tom Kerr THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
No. 2013 - 054
BEING A BY -LAW TO AMEND ZONING BY -LAW NO. 2003 -25,
BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE
MUNICIPALITY OF KINCARDINE
773472 Ontario Limited
Lot 4, N/S Elgin Market Square, and Part. Elgin Market Square,
Townplot of Penetangore (being Parts 3,4,5, and 6, RP 3R -6613)
Municipality of Kincardine
•
(geographic Town of Kincardine)
WHEREAS the Council for the Corporation of the Municipality of Kincardine
adopted By -law No. 2012 -029, amending By -law No. 2003 -25, the Zoning By -law
for the Municipality of Kincardine;
AND WHEREAS By -law No. 2012 -029 placed certain lands in a 'R3 -q -H'
Residential Three Special Holding' and 'R4 -m'H' category and specified the use
to which lands, buildings or structures may be put until such time as the holding
symbol is removed pursuant to Section 36 of the Planning Act, R.S.O. 1990, c. P.
13;
AND WHEREAS the provisions relating to the removal of the holding symbol
contained in Municipality of Kincardine By -law No. 2012 -029 Paragraph 3 (v) a.
b. and (vii) c. and d. have been satisfied;
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 'R3 -q -H ' to 'R3 -q' and 'R4 -m -H' to
'R4 -m' the zoning designation of those lands described as Lot 4, N/S Elgin
Market Square, and Part Elgin Market Square, Townplot of Penetangore
(being Parts 3,4,5, and 6, RP 3R -6613) Municipality of Kincardine
(geographic Town of Kincardine).
2. By -law No. 2003 -25, as amended, being the Comprehensive Zoning By-
law for the Municipality of Kincardine, is hereby further amended by
deleting and replacing the following paragraph to subsection 14.3 thereof:
14.3.15 Notwithstanding their 'R3' zoning designation , those lands
delineated as 'R3 -q' on Schedule 'A' to this By -law may be used for
'Residential Three' purposes in compliance with the 'R3' zone provisions
contained in this By -law, excepting however, that:
• (i) The rear yard setback shall be 4.85 metres;
(ii) A parking area is permitted in all yards, provided that no part of any
parking area, other than a driveway, is located closer than 1.5 metres
to any street line or side lot line;
(iii) The lands shall be subject to Site Plan Control.
Page 2
Amendment to Zoning By -laws 2003 -25, Lot 4, N/S Elgin Market Square, and
Part. Elgin Market Square, Townplot of Penetangore
(being Parts 3,4,5, and 6, RP 3R -6613)
• By -law No. 2013 - 054
3. By -law No. 2003 -25, as amended, being the Comprehensive Zoning By-
law for the Municipality of Kincardine, is hereby further amended by
deleting and replacing the following paragraph to subsection 15.3 thereof:
15.3.10 Notwithstanding their 'R4' zoning designation , those lands
delineated as `R4 -m' on Schedule 'A' to this By -law may be
used for 'Residential Four' purposes in compliance with the
'R4' zone provisions contained in this By -law, excepting
however, that:
(i) A Quadraplex Dwelling is also a permitted use;
(ii) Multiple Buildings, being quadraplex and apartment
dwellings, are permitted on the subject lands;
(iii) The Lot Frontage shall be 28 metres as it existed on the date
of passage of this by -law;
• (iv) The side yard setback for a quadraplex dwelling shall be 3
metres, plus 0.6 metres for each additional or partial storey
above the first storey.
(v) The rear yard setback shall be 6 metres, plus 0.6 metres for
each additional or partial storey above the first storey.
(vi) A parking area is permitted in all yards, other than a front
yard, and no closer than 1.5 metres to any side lot line.
(vii) The lands shall be subject to Site Plan Control;
4. This By -law shall come into force and effect on the final passing thereof by
the Council of the Corporation of the Municipality of Kincardine, subject to
compliance with 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 No. 2003 -25 Lot 4, N/S Elgin Market Square, and Part. Elgin
Market Square, Townplot of Penetangore (being Parts 3,4,5, and 6, RP
3R -6613) By -law ".
•
READ a FIRST and SECOND time this 15 day of May, 2013
B a.ens , ittaitat
/,, Mayor Clerk
i t
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READ a THIRD time and FINALLY PASSED this 15 day of May, 2013
`� h to. ,u oP .
4 Mayor Clerk 0
•
SCHEDULE 'A'
Lot 4, W/S Princes, Pt. Clinton Street, Pt. Elgin Market,
Townplot of Penetangore (being Parts 3, 6 and 7, RP 3R- 6613),
geographic Townof Kincardine, Municipality of Kincardine
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1 I SUBJECT PROPERTY
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-; >. LANDS TO BE ZONED 'R4 -m, RESIDENTIAL FOUR SPECIAL'
- _- _- ..- ......- ....-- LANDS TO BE ZONED 'R3 -q, RESIDENTIAL THREE SPECIAL'
THIS IS SCHEDULE 'A' TO THE ZONING BY -LAW
AMENDMENT NO. 2013 -054 PASSED THIS
Ill 15th DAY OF May, 2013
M _
CLERK
FILE: Z-4 -12.22 APPLICANT 773472 Ontario Ltd. c/o Tom Kerr DATE: April 2013