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Home My WebLink AboutZoning By-law No. Z668-2017 .0,W!4 MUNICIPALITY OF BAYHAM P DEPUTY CLERK'S CERTIFICATE pp JSa Po,iun,ty Te�� Section 34(22) of the Planning Act, R.S.O. 1990, Chapter P. 13 I, Margaret Underhill, Planning Coordinator and Deputy Clerk hereby certify that the notice for an application (Bartsch) for Zoning By-law Amendment and By-law No. Z668-2017 of the Corporation of the Municipality of Bayham refused by the Council of the Corporation on the 16th day of November was given in the manner and form and to the persons prescribed by regulations made by the Lieutenant Governor-in-Council under Section 34 of the Planning Act. I also certify that the 20 day objection period expired on the 12th day of December 2017 and to this date, no notice of objection has been filed under Section 34(19) by any person in the office of the Clerk. By-law No. Z668-2017 is not in full force and effect. Dated at the Municipality of Bayham this 13th day of December 2017. ,,,/,,j/ // Deputy Clerk/Planning Coordinator File: D 13.BART Bartsch 6NYHA4t Bartsch NOTICE OF REFUSAL OF A ��! ZONING BY-LAW AMENDMENT BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham refused an application for a Zoning By-Law Amendment on the 16th day of November 2017 in accordance with Section 34 of the PLANNING ACT. THE PURPOSE of this By-law was to change the zoning regulations on 6151 m2 (1.5 acres) of land in the Rural Residential (RR)Zone to a combined Rural Residential (RR) and Temporary (T2-6) Zone in Zoning By-law Z456-2003, allowing for temporary industrial, retail and outdoor storage use by: adding a section to the Site-specific regulations in the Temporary (T) Zone for temporary permitted uses, outdoor storage, maximum number of employees and privacy fencing; and by amending Schedule "A", Map No. 11 by changing the zone marking from RR to RR/T2-6.The amendment applied specifically to lands located on the south side of Calton Line,west of Plank Road known as 56087 Calton Line. THE EFFECT of the amendment would be to temporarily allow for industrial and retail use of the lands for a period not longer than two years for the manufacture and sales of mini-barns inside the existing building and the outdoor storage of finished mini-barns. THE REASONS FOR REFUSAL of the Zoning By-law amendment are that the proposed use is not consistent with policies in the Provincial Policy Statement 2014, the Elgin County Official Plan and the Official Plan of the Municipality of Bayham due to noise and traffic from industrial and retail uses and visual impact of outdoor storage adjacent to residential land use. Council considered all written and oral submissions received regarding this application, the effect of which helped Council to make an informed decision. AND TAKE NOTICE THAT a person or public body that requested an amendment to the Zoning By-law or Official Plan of the Municipality of Bayham may appeal the refusal of the requested amendment to the Ontario Municipal Board in respect of all or any part of the requested amendment by filing a notice of appeal with the Clerk of the Municipality of Bayham NOT LATER THAN the 12th day of December 2017.An appeal to the Ontario Municipal Board must be accompanied by a fee in the amount of$300.00 that is made payable to the Minister of Finance and filed with the Clerk of the Municipality.The notice of appeal must set out the reasons for the appeal and be submitted using the form available from the Ontario Municipal Board's website: http://elto.gov.on.ca/omb/. The decision of the Council of the Municipality of Bayham is final if a notice of appeal is not received on or before the last day for filing a notice of appeal. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the zoning by-law or official plan was refused,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. DATED AT THE MUNICIPALITY OF BAYHAM THIS 22nd DAY OF NOVEMBER 2017. .,'EY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator �oY Municipality of Bayham 56169 Heritage Line,P.O.Box 160 I Straffordville,ON,NOJ 1Y0 � Tel:519-866-5521 Ext 222 Fax:519-866-3884 E-mail: munderhill(E bayham.on.ca Ii i l THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z668-2017 BARTSCH BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 11 by changing the zoning symbol on the lands from Rural Residential (RR) Zone to a combined Rural Residential (RR) and Temporary (T2-6) Zone, which lands are outlined in heavy solid lines and marked RR/T6 on Schedule "A" to this By-law, which schedule is attached to and forms part of this B-law. 2) THAT Section 26 Temporary (T) Zone, as amended, is hereby further amended by adding the following section, shown as RR/T2-6, to Defined Areas and End Dates: 26.4.3 RR/T2-6 as shown on Schedule "A", Map No. 11, for temporary use of the lands for manufacturing, retail sales and outdoor storage of mini-barns, for a period not exceeding two (2) years, ending November 16, 2019. 26.4.3.1 Temporary Permitted Uses Manufacturing and retail sales of mini-barns including the storage of construction materials inside the existing 297 m2(3,198 ft2) accessory building. 26.4.3.2 Outdoor Storage Outdoor storage of finished mini-barns shall not exceed 20% lot area, shall not be located less than 10 m (32.8 feet) to the rear or side property lines and shall not be located less than 60 m (196.8 feet) to the front property line. 26.4.3.3 Employees Maximum Maximum number of employees six (6), including on site residents. 26.4.3.4 Privacy Fence An opaque privacy fence of 1.8 m (6 feet) in height is to be constructed from the north end of the existing hedgerow on the east property line northward along the property line ending at a point perpendicular to the north facing wall of the existing accessory building, of approximately 40 m (131 feet) in length. 3) THIS By-law comes into force: 2 Z668-2017 a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME AND SECOND TIME THIS 16th DAY OF NOVEMBER 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2017. MAYOR CLERK 3 Z668-2017 SEE SCHEDULEA L, — . .1— MAP No.8 ' 4 CI CIL, 1- I i .44 Z' RR/T2-6 Lair,* II//� i /. i / 1 ! LOT II / i l -r / / c4LT ! .. ?;!:/---"Ii irh 1 1 '(( I! \ ( I d i S13 ,- /? II i \ , 1 ,t I 1 1 z II I �. I_01-14 i ,_..'.4-, / / / Ct. - ..' r, /'p CON 4/ I LOT 15 �' \I\ i 1 1 r I • / II I / / f//1 //• `l — I !I �. Il LOT.6 i. \ I' II 1 I ai i LU 1 j`/11 / / t,i — J I r I I (LOT I7jlr--�-_ I m / r ,. 1 —II N i - N '/ (� 1 1 ',I \ - - \ ^ / . 1 1 z \ I /, l, 1 1 i ,(\ \ a \ 1; \ i 1-----1,„::q a /J / // ! .1-2,..\----„t,. I CpG3 1 // iv 1 ---,-,,• o \ / it ! / :1 I- o ' " ' 1 I L Ir 1 \ 10 \ SEE SCHEDULE H / /! 1 I in 't,',_ -MAPVIENNA 1 / f -'I -_ 11 fn I \ / I.--/( j --2.--6-14- ''''''''''''"'''I I LI ! r �� / \�.r / / / �Ir\l \ 1 '• / I I // I/ / This is Schedule"A"to By-law I J _1' / r 'c/ No.Z668-2017,passed the ! /1 day of ,2017 _J ,1 t/ SEE SCHEDULE A-MAP - Mayor Clerk z No.14 • i CON 2 MUNICIPALITY OF BAYHAM Leclend SCHEDULE A ® ZOLA N® (-' LPRCA Regulation Limit MAP No.11 400 400 900 ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 """"