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HomeMy WebLinkAbout21 104 Amendment to Comprehensive Zoning By-law 2003-25, Highway 21 (2044305 Ontario Inc.) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2021 – 104 A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 – 25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE 2044305 Ontario Inc. c/o Tennyson CON 7 PT LOT 5 (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 the Environmental Protection Zone to Agricultural Commercial / Industrial Special Holding ‘(ACI-ad-H) Zone and Environmental Protection (EP) Zone on those lands described as CON 7 PT LOT 5 (Bruce Township), Municipality of Kincardine as outlined on the attached Schedule ‘A 2. Notwithstanding the provisions of Section 27.2, on lands described as ACI-ad-H, the following provisions shall apply: i. The permitted non-residential uses shall be limited to: a) Accessory Retail; b) Administrative Offices; c) Automobile Establishment; d) Commercial Motor Vehicle Repair Establishment; e) Commercial Motor Vehicle Sales Establishment; f) Commercial Motor Vehicle Storage; g) Contractor’s Yard; h) Marine, recreation and Small Engine Establishment; i) Offices accessory to a permitted use; j) Recreational Vehicle Training School; k) Rental Establishment; l) Restaurant; m) Training and Education Facility; n) Warehouse. 3. For the purposes of this By-law, ‘Accessory Retail’ shall be defined as goods, wares, or merchandise sold on the premises as ancillary to a permitted non- Page 2 of 2 Amendment to Comprehensive Zoning By-law 2003-25; Highway 21 (2044305 Ontario Inc.) By-law By-law No. 2021 - 104 residential use. 4. For the purposes of this By-law, ‘Administrative Offices’ shall be defined as a building or structure or part thereof in which one or more persons are employed in the management, direction or conducting of an agency, business brokerage, or labour organization. 5. For the purposes of this By-law, ‘‘Training and Education Facility’ shall be defined as a building or structure or part thereof where vocational and technical skills are taught. 6. 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 27.4 thereof: The ‘H – holding’ provision may be removed once the following conditions have been satisfied. a) A Site Plan Agreement has been entered into between the owner and the Municipality. b) Written confirmation has been received by the Municipality that the requirements of the Ministry of Transportation have been met. 7. 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. 8. This By-law may be cited as the “Amendment to Comprehensive Zoning By-law 2003-25, Highway 21 (2044305 Ontario Inc.) By-law”. READ a FIRST and SECOND TIME this 14th day of June, 2021. READ a THIRD TIME and FINALLY PASSED this 14th day of June, 2021. Mayor Clerk Schedule 'A' Concession 7 Part Lot 5 - 410826000211703 Municipality of Kincardine (geographic Township of Bruce) Subject Properties Lands to be zoned ACI-ad - Agricultural Commercial / Industrial Special File: Z-2021-012 Applicant: 2044305 Ontario Inc. c/o Tennyson Date: May, 2021 This is Schedule 'A' to the zoning by-law amendment number ___________ passed this ________ day of _______________________ Mayor_________________________________ Clerk _________________________________ HIG H W A Y 2 1 CO N C E S S I O N 6 MA R Y S T Lands to be zoned EP - Environmental Protection 0 60 120 Metres Underwood Co n 7 2021 - 104 14th June 2021.