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HomeMy WebLinkAbout22 089 Amendment to Comprehensive Zoning By-law 2003-25, Cayley St. (Robertson) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2022 – 089 A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 – 25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Andrew Robertson INVERHURON PT LOT 36 LAKE E Municipality of Kincardine 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 the zoning on the retained lands from Residential One (R1) to Residential One Special (R1-bp-H) on those lands described as INVERHURON PT LOT 36 LAKE E (Bruce) Municipality of Kincardine, as outlined on the attached Schedule ‘A’. 2. Schedule 'A' to By-law No. 2003-25 as amended, is hereby further amended by changing the zoning on the severed lands from Residential One (R1) to Residential One Special (R1-bq) on those lands described as INVERHURON PT LOT 36 LAKE E (Bruce) Municipality of Kincardine, as outlined on the attached Schedule ‘A’. 3. The following shall apply to lands zoned R1-bp-H: a. The minimum lot size shall be no less than 2272.6 m2 b. A zero metre (nil) front yard setback shall be permitted for the existing dwelling. c. While the Holding provision is in place: i. The only permitted use shall be the existing one-bedroom single detached dwelling unit for seasonal occupancy. ii. Should the existing septic system or any components thereof fail, replacement of the system shall be required and comprised of a tertiary sewage disposal system that is certified to meet the specifications of the CAN/BNQ 3680 600 NI standard (50% nitrate removal), as amended from time to time. Such replacement shall not be required for routine maintenance of the septic tank’s internal inlet/ outlet baffles or any required septic tank pumping Page 2 of 2 Amendment to Comprehensive Zoning By-law 2003-25, Cayley St. (Robertson) By-law By-law No. 2022 - 089 iii. A Building Permit shall not be issued to convert the existing one-bedroom dwelling unit to a 4-season dwelling and or to add additional bedrooms, fixture units, or additional floor area unless the existing septic system is replaced with a tertiary sewage disposal system as specified in 3 (ii) above or unless development is serviced with municipal sewer services. iv. The Holding provision may be lifted when: i) The dwelling is serviced with municipal sewer services or when the existing septic system has been replaced by a tertiary sewage disposal system as outlined in 3 (ii) above. d. Development may be serviced with private water supply. 4. The following shall apply to lands zoned R1-bq: a. Development shall be serviced with a tertiary sewage disposal system that is certified to meet the specifications of the CAN/BNQ 3680-600 NI standard (50% nitrate removal), as amended from time to time. Alternatively, development may be serviced with municipal sewers. b. Development shall be serviced with Municipal Water Supply. c. The building envelope for the primary building/structure shall be located in proximity to the geographic centre of the lot. The location of the building envelope for the primary building may take into consideration environmental and physical constraints present on the new lot. 5. 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, as amended, and subject to County Official Plan Amendment C- 2022-002 coming into force and effect. 6. This By-law may be cited as the “Amendment to Comprehensive Zoning By-law 2003-25, Cayley St. (Robertson) By-law”. READ a FIRST and SECOND TIME this 9th day of May, 2022. READ a THIRD TIME and FINALLY PASSED this 9th day of May, 2022. Mayor Clerk Schedule 'A' 19 Cayley St - Inverhuron Part Lot 36 Lake E - Roll # 410826000403600 Municipality of Kincardine (geographic Township of Bruce) File: Z-2022-008 Applicant: Andrew Robertson c/o Erin and Paul Knobl Date: April, 2022 This is Schedule 'A' to the zoning by-law amendment number ___________ passed this ________ day of _______________________ Mayor_________________________________ Clerk _________________________________ Jo h n S t Cay l e y S t W elli n gton S t Vic t o r i a S t Wo o d S t Subject Property Lands to be zoned R1-bp-H - Residential One Special Holding Lands to be zoned R1-bq - Residential One Special ¯0 30 60 Metres 2022 - 089 9th May 2022.