Zoning By-law Amendment No. 0310/2010

Addington Highlands, Ontario · No. 0310/2010 · summary & facts

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Prepared by: IBIGROUP 650 Dalton Avenue Kingston, Ontario K'/'M8N7 Project No.24696 May 2010 BY-LAW N0.0310/2010 ZONING BY-LAW BEING A ZONING BY-LAW AMENDMENT TO BY-LAW NO. 0212/2006 AFFECTING LANDS THROUGHOUT THE TOWNSHIP OF ADDINGTON HIGHLANDS TOWNSHIP OF ADDINGTONHIGHLANDS EXPLANATORY NOTE TO BY~LAWNUMBER 0310/2010 PURPOSE OF THE ZONING BY-LAW AMENDMENT The Township wishes to consider a number of changes which will serve to reduce the need for ongoing site specific changes to the provisions of the By-law, revise a number of zone provisions, and make a number of updates to better reflect existing uses. EFFECT OF THE ZONING AMENDMENT The rezoning will result in a number of updates to the Zoning By-law considered administrative in nature, primarily rezoning specific lands to properly reflect their historic and current uses and amending certain zoning provisions in which errors or inconsistencies have been identified. LOCATION This By-law Amendment is applicable to lands throughout the Township of Addington-- Highlands. WHEREAS the Council of the Corporation of the Township of Addington Highlands intends to amend Zoning By-law 0212/2006 to consider a number of changes which will serve to reduce the need for ongoing site specific changes to the provisions of the By- law, revise a number of zone provisions, and make a number of updates to better reflect TOWNSHIP OF ADDINGTON HIGHLANDS BY-LAW NUMBER 0310/2010 BEING A BY-LAW TO AMENDZONING BY-LAW NUMBER 0212/2006 existing uses; AND WHEREAS the Council of the Corporation of the Township of Addington Highlands has given due consideration to the need to proceed with such changes, and considers it reasonable to so amend By--law0212/2006; NOW THEREFORE the Council of the Corporation of the Township of Addington Highlands enacts as follows: 1. 6. THAT Schedule 'A'to By-law 0212/2006 is hereby amended by changing to HR the zone symbol shown as "Zone Change to HR" on Schedule 'A'attached hereto and being part of this by--law. THAT Schedule 'B'to By--law0212/2006 is hereby amended by changing to HR, CF, and C1 the zone symbols shown as "Zone Change to HR" "Zone Change to CF" and "Zone Change to C1" on Schedule 'B'attached hereto and being part of this by--law. THAT Schedule 'C'to By-law 0212/2006 is hereby amended by changing to RR and M3 the zone symbols shown as "Zone Change to RR" and "Zone Change to M3"on Schedule 'C'attached hereto and being part of this by--law. THAT Schedule 'D'to By--law0212/2006 is hereby amended by changing to C1, CF and C1--2the zone symbols shown as "Zone Change to C1" "Zone Change to CF" and "Zone Change to C12' on Schedule 'D'attached hereto and being part of this by--law. THAT Section 9.3 Exception Zone Provisions -- General Commercial (C1) Zone is hereby amended by the addition of the following new subsection: 9.3.2 General Commercial Exception Two (C1-2) Zone Part 2, Plan of Survey 29R--8930, in Part of Lot 29, Concession 7, Geographic Township of Kaladar.(Northbrook): Within the C1--2Zone the following provisions apply: a) Permitted Uses in addition to the uses permitted by Section 9.1, the following uses shall also be permitted within the C1--2Zone: i. Self Storage Facility THAT Schedule 'N1'to By--law0212/2006 is hereby amended by changing to C3 the zone symbol shown as "Zone Change to C3" on Schedule 'N1' attached hereto and being part of this by--law. 10. 11. 12. 13. 14. 15. 16. 17. 18. THAT Schedule 'N3'to By-law 0212/2006 is hereby amended by changing to C3 and RLS the zone symbols shown as "Zone Change to C3" and "Zone Change to RLS"on Schedule 'N3' attached hereto and being part of this by-law. THAT Schedule 'U'to By-law 0212/2006 is hereby amended by changing to M1, HR and RLS the zone symbols shown as "Zone Change to M1" "Zone Change to HR"and "Zone Change to RLS" on Schedule 'U'attached hereto and being part of this by~law. THAT Schedule 'V'to By-law 0212/2006 is hereby amended by changing to M1, M4, C1, C2, HR, OS, and CF the zone symbols shown as "Zone Change to M1", "Zone Change to M4", "Zone Change to C1", "Zone Change to C2"; "Zone Change to HR", "Zone Change to OS" and "Zone Change to CF" on Schedule 'V' attached hereto and being part of this by-law. THAT Schedule 'Y'to By-law 0212/2006 is hereby amended by changing to RLS and RR the zone symbols shown as "Zone Change to RLS" and "Zone Change to RR" on Schedule 'Y'attached hereto and being part of this by-law. THAT Schedule 'Z2' to By-law 0212/2006 is hereby amended by changing to RU and HR the zone symbols shown as "Zone Change to RU" and "Zone Change to HR" on Schedule 'Z2'attached hereto and being part of this by-law. THAT Schedule 'Z4' to By-law 0212/2006 is hereby amended by changing to RU, RR, C1, C2 and CF the zone symbols shown as "Zone Change to RU" "Zone Change to RR", "Zone Change to C1" "Zone Change to C2" and "Zone Change to CF" on Schedule 'Z4' attached hereto and being part of this by-law. THAT Schedule 'Z6' to By-law 0212/2006 is hereby amended by changing to C1 and M5 the zone symbols shown as "Zone Change to C1" and "Zone Change to M5" on Schedule 'Z6' attached hereto and being part of this by-law. THAT Schedule 'Z19'to By-law 0212/2006 is hereby amended by changing to RU and RLS the zone symbols shown as "Zone Change to RU" and "Zone Change to RLS" on Schedule 'Z19'attached hereto and being part of this by-law. THAT Schedule 'Z20' to By-law 0212/2006 is hereby amended by changing to RLS and M4 the zone symbols shown as "Zone Change to RLS" and "Zone Change to M4"on Schedule 'Z20'attached hereto and being part of this by-law. THAT Schedule 'Z24' to By~law0212/2006 is hereby amended by changing to M4 and M5 the zone symbols shown as "Zone Change to M4" and "Zone Change to M5"on Schedule 'Z24' attached hereto and being part of this by-law. THAT Section 4.1.6.2 to By-law 0212/2006 is hereby repealed and replaced with the following: 4.1 .6.2The height of accessory buildings or structures shall not exceed the following: i) HR, RR and RLS zones ------------------------------------------------------------------ ---- 4.5 metres ii) RU zone -------------------------------------------------------------------------------------------- --- 7 metres iii)All other zones ------------ ----theheight permitted for the principal use. THAT Section 4.24 to By-law 0212/2006 is hereby amended by the addition of the following new clause: "Exceptions to this provision include the following uses: i. A sleep cabin; ii. A huntcamp; iii. Any building or structure used exclusively for storage and for which water and sewage disposal systems are not deemed to be required by the Corporation". 19. That Section 4.30 to By~law0212/2006 is hereby repealed in its entirety. 20. That Section 10.1 to By--law0212/2006 is hereby amended by deleting the section which reads: "Retail establishment, provided the retail use is accessory and incidental to a permitted non--residentialuse and on the same lot" and replacing it with "Dwelling unit, provided the residential use is accessory and incidental to a permitted non--residentialuse on the same lot" 21. THIS By--lawshall come into force and take effect on its date of passing, subject to the provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, c.P.13, as amended, in the event a notice of appeal of this by--lawis filed in accordance with subsection 34(19) of the Act. Read a first time this 7_th_day of June 2010 Read a second time this @ day of June 2010 Read this third time and passed this 1t_hday of June 2010 Original Signed by V' W Reeve: HENRY HOGG Oriqinal Siqned by Clerk: Jack Pauhl ill III NOTICE OF PASSING OF ZONING BY-LAW 0310/2010 THE CORPORATION OF THE TOWNSHIP OF ADDINGTONHIGHLANDS TAKE NOTICE the Council of the Corporation of the Township of Addington Highlands passed By-law No. 0310/2010, on the 7"'day of June ,2010, under Section 34 of the Planning Act, R.S.O. 1990, as Amended, AND TAKE NOTICE THAT: i. Only individuals, corporations, and public bodies may appeal a Zoning By-law to the Ontario Municipal Board. A Notice of Appeal may not be filed by an unincorporated association or group. However, a Notice of Appeal may be filed in the name of an individual who is a member of the association or group on its behalf. ii. No person or public body shall be added as a party to the hearing of the appeal unless, before the by~|aw was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. AN EXPLANATIONof the purpose and effect of the By--lawis attached. DATED at the Township of Addington Highlands This @day of June, 2010 Original Signed by Clerk: Jack Pauhl NOTE: The last day for filing objection will be 14"'Jul .2010. The objection must be received by this date in order to be valid. Any appeal submitted to the Township of Addington Highlands for referral to the Ontario Municipal Board must be filed with the Clerk and include: 1) The objection to the By-law and the reasons in support of the objection. 2) The name and address of the appellant. 3) The fee payment required by the Ontario Municipal Board in the amount of $125.00 payable to the Minister of Finance, Province of Ontario. TOWNSHIP OF ADDINGTON HIGHLANDS EXPLANATORYNOTE TO BY-LAW NUMBER 0310/2010 PURPOSE OF THE ZONING BY-LAW AMENDMENT The Township wishes to consider a number of changes which will sen/e to reduce the need for ongoing site specific changes to the provisions of the By--law,revise a number of zone provisions, and make a number of updates to better reflect existing uses. EFFECT OF THE ZONING AMENDMENT The rezoning will result in a number of updates to the Zoning By--lawconsidered administrative in nature, primarily rezoning specific lands to properly reflect their historic and current uses and amending certain zoning provisions in which errors or inconsistencies have been identified. LOCATION This By-law Amendment is applicable to lands throughout the Township of Addington-- Highlands. TOWNSHIP OF ADDINGTONHIGHLANDS EXPLANATORYNOTE TO BY-LAW NUMBER 0310/2010 PURPOSE OF THE ZONING BY-LAW AMENDMENT The Township considered a number of changes which willserve to reduce the need for ongoing site specific changes to the provisions of the By-law, revise a number of zone provisions, and make a number of updates to better reflect existing uses. Changes made were as follows: 1. Schedule 'A'is amended by changing from Environmental Protection (EP) to Hamlet Residential (HR) lands located along County Road No. 41 in Part of Lots 11 and 12, Concession 7, geographic Township of Kaladar to recognize an existing residence; 2. Schedule 'B'is amended by changing from Open Space (08) to Hamlet Residential (HR) lands located on the north side of the Skootamatta River in the Hamlet of Flinton, in Part of Lots 22 and 23, Concession IV, geographic Township of Kaladar to recognize the existing use of the land; 3. Schedule 'B'is amended by changing from General Commercial (C1) to Community Facility (CF) lands located along Flinton Road in the Hamlet of Flinton, being Part of Lot 21, Concession IV, geographic Township of Kaladar to recognize an existing church; 4. Schedule 'B'is amended by changing from Hamlet Residential (HR) to Community Facility (CF) lands located along Flinton Road in the Hamlet of Flinton being Part of Lot 21, Concession lV, geographic Township of Kaladar, to recognize an existing convenience store with associated Post Office and Licensing Bureau; 5. Schedule 'B'is amended by changing from Community Facility (CF) to General Commercial (C1) lands located along Flinton Road in the Hamlet of Flinton being Part of Lot 21, Concession IV, geographic Township of Kaladar, to recognize an existing business; 6. Schedule 'B'is amended by changing from Hamlet Residential (HR) to Community Facility (CF) lands located along Flinton Road in the Hamlet of Flinton being Part of Lot 22, Concession IV, geographic Township of Kaladar, to recognize and existing church; 7. Schedule 'B'is amended by changing from Hamlet Residential (HR) to Community Facility (CF) lands located along Flinton Road in the Hamlet of Flinton being Part of Lot 22 Concession IV, geographic Township of Kaladar, to recognize the existing library. 10. 11. 12. 13. 14. 15. 16. 17. 18. Schedule 'B'is amended by changing from General Commercial (C1) to Hamlet Residential (HR) lands located in Part of Lot21, Concession Ill, geographic Township of Kaladar to recognize the existing use of the lands; Schedule 'C'is amended by changing from Rural (RU) to General Industrial (M3) lands in part of Lot 21, Concession VIIin the geographic Township of Kaladar to recognize an existing auto wrecking yard; Schedule 'C'is amended by changing from General Industrial (M3) to Rural Residential (RR) lands in part of Lot 21, Concession VIIin the geographic Township of Kaladar to recognize existing residential uses; Schedule 'D'is amended by changing from Hamlet Residential (HR) to General Commercial (C1) lands located along Highway 41 in the Hamlet of Northbrook being Part of Lot 27, Concession VII, geographic Township of Kaladar to recognize an existing hair salon; Schedule 'D'is amended by changing from Hamlet Residential (HR) to General Commercial (C1) lands located along Highway 41 in the Hamlet of Northbrook being Part of Lot 27, Concession VII, geographic Township of Kaladar to recognize an existing commercial use; Schedule 'D'is amended by changing from Hamlet Residential (HR) to General Commercial (C1) lands located along Highway 41 in the Hamlet of Northbrook being Part of Lot 27, Concession VII, geographic Township of Kaladar to recognize an LCBO outlet; Schedule 'D'is amended by changing from Hamlet Residential (HR) to Community Facility (CF) lands located along Highway 41 in the Hamlet of Northbrook being Part of Lot 27, Concession VII,geographic Township of Kaladar to recognize an existing seniors apartment complex. Schedule 'D'is amended by changing from Hamlet Residential (HR) to General Commercial Exception 2 (C1--2)Zone lands located along Highway 41 in the Hamlet of Northbrook being Part of Lot 29, Concession VII,geographic Township of Kaladar to recognize the existing U--Lockstorage facility; Schedule 'N1' is amended by changing from Rural (RU) to Recreation Commercial (C3) lands in Part of Lot 30, Concession XIII,geographic Township of Effingham to recognize an existing trailer park use; Schedule 'N3' is amended by changing from Residential Limited Service (RLS) to Recreation Commercial (C3) lands in Part of Lot 25, Concession VII,geographic Township of Ashby to recognize an existing campground business; Schedule 'N3'is amended by changing from Rural (RU) to Residential Limited Service (RLS) lands located along the old Snow Road in Part of Lots 19 & 20, Concession IV, geographic Township of Ashby to recognize existing cottages; 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. of Lot 20, Concession v|||, geographic Township of Denbigh to reflect existing residential uses; Schedule 'V'is amended by changing from Hamlet Residential (HR) to Open Space (OS) lands located along Highway 28 in the Hamlet of Denbigh being in Part of Lot 21, Concession Vlll, geographic Township of Denbigh, to recognize the existing baseball field and park space; Schedule 'V'is amended by changing from Hamlet Residential (HR) to Community Facility (CF) lands located along MillStreet in the Hamlet of Denbigh being in Part of Lot 21, Concession Vll, geographic Township of Denbigh to recognize the old Township garage; Schedule 'Y'is amended by changing from Rural Residential (RR) to Residential LimitedService (RLS) eight lots in Lot 15, Concession Xi, geographic Township of Denbigh; Schedule 'Z2'is amended by changing from Highway Commercial (C2) to Rural (RU) lands in Part of Lot 3, Concession VI, geographic Township of Kaladar to accurately reflect the use of the property; Schedule 'Z2'is amended by changing from Waste Management Industrial (M5) to Hamlet Residential (HR) lands in Part of Lot 13, Concession Vll, geographic Township of Kaladar, to recognize the existing residence; Schedule 'Z4'is amended by changing from Highway Commercial (C2) to Rural (RU) lands in Part of Lot 31, Concession Vll, geographic Township of Kaladar to recognize an existing residence; Schedule 'Z4'is amended by changing from Rural Residential (RR) to General Commercial (C1) lands in Part of Lot 24, Concession Vll, geographic Township of Kaladar, to recognize an existing funeral home; Schedule 'Z4'is amended by changing from Rural (RU) to General Commercial (C1) lands in Part of Lot 24; Concession Vll, geographic Township of Kaladar to recognize an existing business; Schedule 'Z4' is amended by changing from Rural (RU) to Community Facility (CF) lands in Part of Lot 24; Concession Vll, geographic Township of Kaladar to accommodate a future municipal office and fire hall for the Township of Addington Highlands; Schedule 'Z4'is amended by changing from Rural (RU) to Rural Residential (RR) lands located along Highway 41, being Part of Lot 25; Concession Vll, geographic Township of Kaladar, to recognize the existing residential uses; Schedule 'Z4' is amended by changing from Rural (RU) to Highway Commercial (C2) lands located along Highway 41, being Part of Lot 25, Concession Vll, geographic Township of Kaladar to recognize the existing commercial use; 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. Schedule 'Z6'is amended by changing from Rural (RU) to Waste Management Industrial (M5) Zone lands in Part of Lot 20, Range A , geographic Township of Anglesea to recognize the existing waste disposal site; Schedule 'Z6'is amended by changing from Rural (RU) to General Commercial (C1) Zone lands along Highway 41 being Part of Lot 14, Range A, geographic Township of Anglesea to recognize an existing business; Schedule 'Z19'is amended by changing from Rural (RU) to Residential Limited Service (RLS) lands in Part of Lot 16, Concession Ill, geographic Township of Denbigh to recognize existing cottages on Copeland Lake; Schedule 'Z19'is amended by changing from Rural Residential (RR) to Rural (RU) lands in Part of Lot 19, Concession I, geographic Township of Denbigh to recognize the existing uses including the cemetery; Schedule 'Z20' is amended by changing from Rural (RU) to Residential Limited Service (RLS) lands in Part of Lot 15, Concession Ill, geographic Township of Denbigh to recognize existing cottage development; Schedule 'Z20' is amended by changing from Rural (RU) to Extractive Industrial (M4) lands in Part of Lot 10, Concession I, geographic Township of Denbigh to recognize Rosenblath Pit; Schedule 'Z24'is amended by changing from Waste Management Industrial (M5) to Extractive Industrial (M4) lands in Part of Lot 14, Concession geographic Township of Denbigh, excluding Parts 9, 10 & 13 of Plan of Survey 29R-9592; Schedule 'Z24'is amended by changing from Rural (RU) to Waste Management Industrial (M5) lands on the west side of Highway 41 in Lot 13, Concession IX, geographic Township of Denbigh to recognize the existing waste management site; Amending Section 4.1.6.2 (Lot Coverage and Height) to specify the following maximum heights for accessory buildings or structures; i. HR, RR and RLS Zone ...................................................... ..4.5 metres ii. RU Zone............................................................... ..7.0 metres iii. All Other Zones... ......the height permitted for the principal building. Amending Section 4.24 (Servicing Requirements) by adding the following clause: "Exception to this provision includes the following uses: a. A sleep cabin; b. A hunt camp; c. Any building or structure used exclusively for storage and for which water and sewage disposal systems are not deemed to be required by the Corporation; Repealing Section 4.30 (Telecommunication Towers) which reads: "Commercial telecommunications towers shall be permitted only in Industrial Zones"; Repealing the provision of Section 10.1 (Permitted Uses) which reads: "Retail establishment. provided the retail use is accessory and incidental to a permitted non--residentialuse and on the same lot" and replacing it with "Dwelling unit, provided the residential use is accessory and incidental to a permitted non--resideniia| use on the same lot"; EFFECT OF THE BY-LAW REQUEST The amendments will: - Reduce the number of administrative site specific amendments that may otherwise be required; a Better reflect existing uses; and - Correct inadvertent errors to zoning schedules. LOCATION OF PROPERTY Changes outlined willbe of general interest to ail residents of the Township. BY-LAW 0310/2010 CERTIFICATE OF COMPLIANCE WITH NOTICE AND PUBLIC MEETING REQUIREMENTS AND NOTICE OF APPEAL I, Jack Pauhl, Clerk, hereby certify that By-law No. 0310/2010 has been passed in accordance with the requirements for: - giving of notice of public meeting under Sections 34(12) and 34(13) of the Planning Act, (R.S.O. 1990, c.P.13), and - giving of written notice of the passing of the By-law under Section 34(18) of the Planning Act, (R.S.O. 1990, c.P.13). Ifurther certify that: No notice of appeal under Section 34(19) of the Planning Act, R.S.O. 1990 (as amended), has been filed within twenty days from the date of notice of passage of the By--law, or; Notice of appeal has been filed,and the attached submissions are true copies of all written submissions and supporting material received in respect of the By-law prior to the passing thereof together with all notices of appeal. 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