HomeMy WebLinkAboutZoning By-law No. Z460-2003 MUNICIPALITY OF BAYHAM
AYH CLERK'S CERTIFICATE
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I, Margaret Underhill, Planning Coordinator and Deputy Clerk hereby certify the following:
THAT the notice for By-law No. Z460-2003 of the Corporation of the Municipality of Bayham passed
by the Council of the Corporation on the 4th day of March 2004 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.
THAT the 20-day objection period expired on the 30th day of March 2004 and one appeal was filed by
Tony Csinos and one appeal was filed by Echo Energy Incorporated in the office of the Clerk.
THAT the appeal and required documentation was forwarded to the Ontario Municipal Board within
the required 15-day submission period.
THAT the appeal submitted from Echo Energy Incorporated was withdrawn on August 31, 2004.
THAT the appeal submitted by Tony Csinos for By-law No. Z460-2003 of the Corporation of the
Municipality of Bayham was heard by the Ontario Municipal Board on Tuesday, September 21, 2004.
Decision/Order No: 1590
Issue Date: October 4,2004
Appeal against By-law Z460-2003 of the Municipality of Bayham was dismissed.
By-law Z460-2003 is in full force and effect.
Dated at the Municipality of Bayham this 13th day of October 2004.
72-74--- / , / / /
Margaret Underhill
Planning Coordinator/Deputy Clerk
File: D14.04 AIM
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.Z460-2003
BEING A BY-LAW TO AMEND BY-LAW No.Z456-2003
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend
Zoning By-law No.Z456-2003;
THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. 456-2003, as amended, is hereby further amended by amending Section 2.0—
Definitions,by adding the following new subsections:
"2.254 Wind Farm shall mean a development of one(1)or more wind turbines,
together with any related appurtenances, intended to provide electricity off-site
for sale to an electrical utility,or other intermediaries.
2.255 Wind Testing. Tower, shall mean a single structure erected on a
temporary basis, normally not exceeding one year, for the purpose of testing the
potential wind strength for generating electricity.
2.256 Wind Turbine, shall mean a structure including a tower,nacelle,blades
and related appurtenances, designed, erected and maintained under the
appropriate qualified supervision, and used for the conversion of wind energy
into electricity for sale to an electrical utility or other intermediaries. The height
of the wind turbine shall be measured from the highest point of the tower, to the
lowest grade elevation at the base of the tower.
2.257 Wind Turbine. Accessory, shall mean not more than one accessory
structure including a tower,nacelle,blades, and related appurtenances, designed,
erected and maintained by a qualified personnel,used for the conversion of wind
energy into electricity primarily for use on site and having a nameplate capacity
not exceeding 50 kilowatts."
2) THAT By-law No. 456-2003, as amended, is hereby further amended by amending Section 4.0—
General Provisions,by adding the following new subsection:
"4.57 ACCESSORY WIND TURBINES
Accessory wind turbines may be located in any Agriculture (Al, A2),
Rural Residential(RR), Estate Residential(ER)Rural Commercial(RC)or Rural
Industrial(M2)Zone, where the minimum setback is 1.25 times the height of the
wind turbine from the nearest portion of the structure to the front, side and rear
lot lines and where the height is measured from the highest point of the blade
rotation to the lowest grade elevation at the base of the tower. No wind turbine
shall be located within the front yard depth or exterior side yard depth.
3) THAT By-law No. 456-2003, as amended, is hereby further amended by amending Section 4.0—
General Provisions, by deleting subsection 4.29 and replacing it with the following new
subsection:
"4.29 HEIGHT
The height regulations of this By-law shall not apply to any silo, grain
handling equipment, wind turbines, wind testing towers, ornamental dome,
chimney, communications tower, cupola, steeple, church spire, water storage
tank, elevator enclosure, flag pole, skylight, clock towers, ventilators, antennae,
radio or television receiving or transmitting equipment, or any accessory
mechanical appurtenances. Such features,however, shall be erected only to such
height as is necessary to accomplish the purpose they are to serve."
4) THAT By-law No. 456-2003, as amended, is hereby further amended by adding Section 30.0 —
WIND FARM ZONE REGULATIONS, as shown on Appendix 1,which is attached to and forms
part of this by-law.
5) THIS By-law comes into force:
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 THIS 4th DAY OF March 2004.
READ A SECOND TIME THIS 4th DAY OF March 2004.
READ A THIRD TIME AND FINALLY PASSED THIS 4th DAY OF March 2004.
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/ MAYOR Ci
Appendix 1
SECTION 30—WIND FARM (WF) ZONE REGULATIONS
30.1 PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered in
the Wind Farm(WF)Zone except for the following purposes:
Wind farm;
Uses permitted in the associated Agricultural Al or A2 Zone.
Accessory uses
30.2 PERMITTED BUILDINGS AND STRUCTURES
Buildings and structures for the permitted uses.
30.3 MINIMUM LOT AREA AND LOT FRONTAGE
a) 10.0 hectares
b) 100 metres
30.4 MINIMUM YARD WIDTH/DEPTH
1.0 times the total length of the rotor blade,plus 10.0 metres, from the base of the tower
to the common wind farm zone boundary and any public road right-of-way limit, but not
less than 30 metres.
30.4 MINIMUM SETBACKS
a) From an on-site residential use: 1.25 times the height of the
wind turbine or 250 metres,
whichever is greater
b) From an off-site residential dwelling or institutional
building: 300 metres
c) From a Village Residential(R1/R2),Central Business
District(C1),Local Commercial(C2)or Tourist
Commercial(C3)Zone in the Village of Vienna as 450 metres
shown on Schedule"H":
d) From a Village Residential(R1IR2), Central Business
District(C1),Local Commercial(C2)or Tourist
Commercial(C3)Zone in the Village of Port Burwell as 600 metres
shown on Schedule"I",and a Hamlet Residential(HR)
and Hamlet Commercial(HC)Zone:
30.5 MAXIMUM LOT COVERAGE
The use of the lot for wind turbine structures, accessory buildings and structures, road
access, storage areas and any area removed from agricultural production shall not exceed
5%of the lot area.
30.6 EXCEPTIONS—Wind Farm(WF)Zone