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HomeMy WebLinkAboutZoning By-law No. Z294-1994 CLERK'S CERTIFICATE `2Oqq-Ci Section 34(20) the Planning Act, R.S.O. 1990 Chapter P.13 I, Donald W. MacLeod, hereby certify that the notice for By-law No. Z294-94 of the Corporation of the Township of Bayham, passed by the Council of the Corporation on the 3rd day of November, 1994, was given in the manner and form and to the persons prescribed by regulations made by the Lieutenant Governor-in-Council under Section 34(18) of the Planning Act. I also certify that the 20 day objection period expired on November 29, 1994, and to this date no notice of objection has been filed by any person in the office of the Clerk. Dated at the Township of Bayham this 30th day of November, 1994. za/2"cal CLERK NOTICE OF A PUBLIC MEETINL AFFIDAVIT OF SERVICE IN THE MATTER OF Section 34(12) of the Planning Act, R.S.O. 1990, Chapter P.45 AND IN THE MATTER OF Zoning By-law No. Z294-94 of the Corporation of the Township of Bayham I, Donald W. MacLeod, Clerk of the Township of Bayham, in the County of Elgin, hereby make oath and say as follows: 1. Notice of the hearing of this matter was given to the persons listed below by prepaid first class post mailed the 1st day of October, 1993: Theresa Singh Mr. Mark McDonald Mr. Fred Groch Ministry of Municipal Affairs County of Elgin County of Elgin 777 Bay St., 14th Floor 450 Sunset Dr. 450 Sunset Dr. Toronto, Ontario St. Thomas, Ontario St. Thomas, Ontario M5G 2E5 N5R 5V1 N5R 5V1 Mr. John Longworth Ms. Anne-Marie Watts Elgin - St. Thomas Health Unit Ministry of the Environment Ministry of Natural Resources 99 Edward St. 985 Adelaide St. S. P.O. Box 760 St. Thomas, Ontario London, Ontario Simcoe, Ontario N5P 1Y8 N6E 1V3 N3Y 4T2 Ministry of Transportation Ministry of Agriculture and Food Natural Resource Gas Comp Transportation Corridor Office P.O. Box 2027 P.O. Box 3117, Terminal "A' 1201 Wilson Ave. 2nd Floor St. Thomas, Ontario London, Ontario Downsview, Ontario N5P 3X1 N6A 4J4 M3M 1J8 Long Point Region C. A. Amtelecom Group Inc. Elgin County RCSS Board R.R. #3 P.O. Box 1800 21 Parish Street Simcoe, Ontario Aylmer, Ontario St. Thomas, Ontario N3Y 4K2 N5H 3E7 N5R 4W7 Union Gas Company Limited Ontario Hydro Elgin County Board of Education 50 Keil Drive Land Use& Env. Plan Dpt 400 Sunset Drive Chatham, Ontario 700 University Ave. St. Thomas, Ontario H7M 5M1 Toronto, Ontario M5G 1X6 NSR 3C8 2. Notice of this meeting was published in a paper having local circulation on October 1, 1993 pursuant to Section 4.3.2 of the Township of Bayham Official Plan. I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the"Canada Evidence Act." DECLARED BEFORE ME at the Township ) of Bayham in the County of Elgin ) :/4rz;1 on the 1st day of October, 1993. ) Donald W. MacLeod CORPORATION OF THE TOWNSHIP OF BAYHAM ADMINISTRATION REPORT TO: Reeve and Members of Council DATE: October 26, 1994 FROM: Clerk Treasurer FILE: P.Z.1.2.6 SUBJECT: Mobile Homes Zoning By-law NUMBER: 48.A94 Background Early in 1994 Council reviewed a draft by-law that proposed to prohibit the use of mobile and modular homes as dwelling units in the areas zoned Agricultural. Upon review of the by-law Council requested the planning consultant to amend the by-law to allow modular homes as a permitted use in the Agricultural zone. Comments The attached by-law, which has been revised by the Township Planning Consultant as requested by Council, proposes to prohibit the use of mobile homes as supplementary farm dwelling units while allowing the use of modular homes. This by-law amends Section 4.8 (Prohibited Uses) of the Zoning By-law by prohibiting the use of a single-wide mobile home, a double-wide mobile home, a single-wide modular home, a double-wide modular home, or an expandable mobile home for the purposes of residential, commercial, industrial uses. However, the use of modular homes as a supplementary farm dwelling unit shall be permitted in the Agricultural (Al) Zone. The definition of a Farm has also been amended to make reference that a modular home is a permitted use on a farm. Recommendations: 1. That Council pass By-law No. Z294-94 to amend By-law No. 2387 to prohibit the use of mobile homes as supplementary farm dwelling units. /6/1119A4.46/ Donald W. MacLeod Clerk Treasurer FORM 1 PLANNING ACT, 1990 NOTICE OF THE PASSING OF A ZONING BY-LAW BY THE CORPORATION OF THE TOWNSHIP OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Township of Bayham passed By-Law No. Z294-94 on the 3rd day of November, 1994 under Section 34 of the PLANNING ACT, 1990. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Township of Bayham not later than the 29th day of November, 1994, a notice of appeal setting out the objection to the By-law and the reasons in support of the objections. An explanation of the purpose and effect of the By-law, describing the lands to which the By-law applies and a Key Map showing the location of the lands to which the By-law applies (or, alternatively an explanation as to why a key map is not provided) are listed below. The complete By-law is available for inspection in the Clerk's office during regular office hours. EXPLANATORY NOTE The purpose of this By-law is to change the zoning regulations which pertain to the placement or establishment of mobile homes and modular homes throughout the Township of Bayham. The effect of this By-law will be to prohibit the establishment of mobile homes as supplementary farm dwellings within the Agricultural (Al) Zone. A Key Map is not attached to this By-law because the By-law applies to all properties within the Agricultural (Al) Zone in the Township of Bayham. DATED AT THE TOWNSHIP OF BAYHAM THIS 9TH DAY OF NOVEMBER, 1994. Donald W. MacLeod Clerk Treasurer Township of Bayham Box 160 Straffordville, Ontario N0J 1Y0 Telephone (519) 866-5521 THE CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. Z294.94 BEING A BY-LAW TO AMEND BYLAW NO. 2387 WHEREAS the Council of the Corporation of the Township of Bayham deems it necessary to amend its Zoning By-law No. 2387; THEREFORE, the Council of the Corporation of the Township of Bayham enacts as follows: 1. THAT By-law No. 2387, as amended, is hereby further amended by amending Section 2 Definitions, by deleting subsection 2.41 in its entirety, and replacing it with the following: " FARM, shall mean a lot, held for the purpose of agricultural use, together with or without its dependent buildings including one single detached dwelling with private garage as the principal farm dwelling, one additional single detached dwelling or modular home as supplementary housing to the farm operation, barns, pens, sheds, and similar accessory buildings except that in areas where buildings and structures are prohibited such use shall refer only to the land." 2. THAT By-law No. 2387, as amended, is hereby further amended by amending Section 4 General Provisions by deleting subsection 4.8c) in its entirety and replacing it with the following: "c) The location and use of a single-wide mobile home, a double-wide mobile home, a single-wide modular home, a double-wide modular home, or an expandable mobile home for the, purposes of residential, commercial, industrial, or institutional uses;" 3. THAT By-law No. 2387, as amended, is hereby further amended by amending Section 4 General Provisions by deleting subsection 4.8d) in its entirety and replacing it with the following: "d) Notwithstanding Section 4.8c) the use of a modular home as a supplemen- tary farm dwelling unit shall be permitted in the Agricultural (Al) Zone." 4. THAT By-law No. 2387, as amended, is hereby further amended by amending Section 2, Definitions by deleting subsections 2.146 and 2.147 in their entirety and replacing them with the following: "2.146 Mobile Home. Single-Wide shall mean a mobile home dwelling unit designed to be towed in one load which does not exceed 6.0 metres in width. The layout of the rooms is linear. 2.147 Mobile Home Double-Wide shall mean a mobile home dwelling unit consisting of two sections, separately towable, but designed to be joined together into one integral unit. Double- wide units shall be defined as a unit greater than 6.0 metres in width." 5. THIS By-law comes into force: a) where no notice of objection has been filed with the Township's Clerk within the time prescribed by the Planning Act, 1990 and regulations pursuant thereto, upon the expiration of the prescribed time; or b) where notice of objection has been filed with the Township's Clerk within the time prescribed by the Planning Act, 1990 and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST AND SECOND TIME this 3rd day of NOVEMBER, 1994 READ A THIRD TIME AND FINALLY PASSED this 3rd day of NOVEMBER, 1994. D. Vane Chute Donald W. Mar.T earl ` 7 1 ,4,:yr Th 7r?" . -• / 7T/t/-"Z�-aI-J f7 r aUx r-a�z.2�.r �, �'�" "v` '-'y�-� -per 4 /J . `-L4v 17_ '- , --'--"4 -u yrs r,� s�zr� a- rr- 2 •y 7r+ -' 7� -?� /7r, "rte ,r' r -rte' -�-'- r(-V O 'r1P2r ` / r if Lir ,1H koli% -11: 1 )1 #\scl ; 0i .ifo tdj -0 11111' 1 /6 141111 (1' 0\qr NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED A ZONING BY-LAW AMENDMENT IN THE TOWNSHIP OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Township of Bayham will hold a public meeting on Thursday, November 4, 1993 at 7:30 p.m. in the Township Counci Chambers in Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the PLANNING ACT, R.S.P.1990. The purpose of the amendment is to change the zoning regulations which pertain to the placement of or establishment of mobile homes and modular homes throughout the Township of Bayham. The effect of the amendment will be to prohibit the establishment of mobile homes and modular homes as supplementary farm dwellings within the agricultural(A1)Zone. ANY PERSON may attend the public meeting and/or make a written or verbal representation in opposition to the proposed amendment. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Township Municipal Office. DATED AT THE TOWNSHIP OF BAYHAM this 1st day of October, 1993. ,, ,s ppnalc,.1EV.:MacLeod -KZ* Clerk Treasurer 43 Township of Bayham P.O. Bax 160 1 Straffordville, Ontario NOJ 1Y0 ' 'a . Telephone(519)866-5521 TOWNSHIP OF BAYHAM %,3,N 71 P. O. Box 160 / - Straffordville, Ontario NO] 1Y0 telephone (519) 866-5521 • fax (519) 866-3884 eaYn�,• July 9, 1993 FAXED ONLY Mr. Gary Blazak Cumming Cockburn Ltd. 350 Oxford St. W., Suite 203 London, Ontario N6H 1T3 Dear Gary: Re: Mobile Home By-law Amendment Council is becoming quite concerned over the large number of mobile homes being situated on farms as supplementary housing. Many of these units are not being used as supplementary farm wellings but are being rented. order to curb this abuse, Council has expressed a desire to remove the appropriate sections m the Zoning By-law that permit mobile homes. The Township would then be in a position permit this use by way of a temporary Zoning By-law amendment. Council has asked that roceed with preparation of the necessary documents. n If you have any questions, please contact me. Yours very 1 ly 1 onald W. MacLeod lerk Treasurer lie: P2.1.2.6 03.193 printed an recycled paper, P1- ,2.6. GIBSON, LINTON, TOTH & CAMPBELL Nob!/�' � 1� arriatcr8 anh nlititvro 3$BROADWAY TILLSONBURG, ONTARIO MAILING ADDRESS: DONALD M.GIBSON.Q.C. IAN R.LINTON,O.C. BOX 5 BERNARD TOTH.Q.C. TEL: (519) 842-365B TILLSONBURG, ONT. SCOTT K.CAMPBELL FAX: (519) 842-5001 N4G 4H3 March 11, 1993. Township of Bayham, P. O. Box 160, Straffordville, Ontario. NOJ IYO Attention: Mr. Donald MacLeod Dear Sirs: RE: Mobile Homes and Zoning By-law Further to our recent discussions we have reviewed the provisions of the Zoning By-law with respect to mobile homes, and particularly Section 5.1 which permits one mobile home on a farm as supplementary housing to the farm operation. We appreciate that there may often be a question as to whether the mobile home is truly supplementary to the farm or is used for some other purpose. We understand that you are contemplating removing the mobile home from the permitted uses in the agricultural zone and dealing with the situation on an individual basis by way of a temporary use by-law under Section 39 of the Planning Act. We agree that this would be an effective way of dealing with the situation. Such by-law may be for a period not in excess of three years, subject to additional extensions of up to three years each, at your discretion. Temporary use by-laws are subject to appeal to The Ontario Municipal Board the same as any other zoning by-law. Yours trujy, Rt.;o' t;' .. f4 s,. .t IAN R. LINTON. 10-7. 54144/ IRL/dp ,IAR �� /995 • x