NOTICE OF PASSING OF A ZONING BY-LAW TO AMEND ZONING BY-LAW 8600 BY THE CORPORATION OF THE CITY OF WINDSOR TAKE NOTICE that the Council of The Corporation of the City of Windsor passed By-law 24-2009 on January 26, 2009. 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 Corporation of the City of Windsor not later than Tuesday, February 24 th, 2009 notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee of ($125.00) prescribed under the Ontario Municipal Board Act, 1994, C. 23, S. 21(8). The fee is made payable to the Minister of Finance and must be a certified cheque or money order. If you wish to appeal to the Ontario Municipal Board (OMB), a copy of an appeal form is available from the OMB website at www.omb.gov.on.ca NOTE 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. NO PERSON OR PUBLIC BODY shall be added as a party to the hearing of the appeal unless, before the by-law 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. A COPY OF BY-LAW 24-2009 is shown below together with an explanation of the purpose and effect of the by-law, describing the lands to which the by-law applies. ALL PERSONS WISHSING TO REVIEW the map(s) pertaining to this Zoning By-law, may do so by going to the office of the City Clerk, Monday through Friday, 8:30 a.m. to 4:30 p.m., in Room 203, City Hall, Windsor, Ontario. DATED at the City of Windsor this 4th day of February, 2009. VALERIE CRITCHLEY, CITY CLERK WINDSOR, ONTARIO
S C H E D U L E 1 This is a copy of By-law Number 24-2009. B Y - L A W N U M B E R 24-2009 A BY-LAW TO FURTHER AMEND ZONING BY- LAW NUMBER 8600 Passed the 26 th day of January, 2009. WHEREAS it is deemed expedient to further amend By-law Number 8600 of the Council of The Corporation of the City of Windsor, cited as the Windsor Core Area Zoning By-Law passed the 31 st day of March, 1986, as heretofore amended: THEREFORE the Council of The Corporation of the City of Windsor enacts as follows: 1. That Section 7 (Definitions) of By-law 8600, as heretofore amended, is further amended by adding after paragraph 89(a), the following: (89b) Main Wall means the building wall that is closest to the front lot line. 2. That Section 20 of said By-law is further amended by adding the following subsection: (3) HERITAGE CONSERVATION DISTRICTS This subsection applies to lands that have been designated to be a Heritage Conservation District and are delineated by a broken green line on the zoning district maps (ZDM) and identified by a zoning district symbol and a paragraph(s) of this subsection. Any parcel so identified shall be considered as being within the zoning district symbol and shall be subject to the provisions of that zoning district, the identified paragraph(s) of this subsection and any other applicable provisions of this by-law. In the event of a conflict between the provisions of this subsection and the provisions of the zoning district, the provisions of this subsection shall prevail. 1. Sandwich Heritage Conservation District Residential Overlay Zone For the lands identified on the Zoning District Maps by a broken line and labelled S.20(3)1, on Schedule A to By-law 24-2009, the following provisions shall apply: Notwithstanding the regulations in the zoning district, the following will apply in the Sandwich Heritage Conservation District Residential Overlay Zone: (a) Regulations (i) The minimum lot frontage, minimum lot area, maximum lot coverage, maximum number of dwelling units, minimum rear yard and side yard widths shall be as existing on the date of approval of this by-law. (ii) Maximum front yard depth the maximum front yard for any building erected between existing buildings in the same block shall conform to the average of the front yards established by the nearest building on each side. (b) Prohibitions (i) Building height in excess of 2 storeys shall be prohibited (ii) No new structures or additions shall be constructed between the main wall of the existing building and the front lot line.
(iii) Garages are prohibited unless located a minimum of 6 metres to the rear of the main wall. (iv) Parking spaces are prohibited in any front yard. 2. Sandwich Heritage Conservation District Commercial Overlay Zone For the lands identified on the Zoning District Maps by a broken line and labelled S.20(3)2, on Schedule A attached to By-law 24-2009, the following provisions shall apply: Notwithstanding the regulations in the zoning district, the following will apply in the Sandwich Heritage Conservation District Commercial Overlay Zone: (a) Permitted Uses (i) (ii) (iii) (iv) (v) (vi) A retail store, not including a retail store for the sale of motor vehicles or heavy machinery; wholesale store; bakery not exceeding 500 square metres in net floor area; confectionery not exceeding 500 square metres in net floor area; outdoor market within a Business Improvement Area; A personal service shop; day nursery; funeral home; church; church hall; tourist home. A business, financial, medical or veterinary office; professional studio; commercial school; A restaurant; take-out food outlet; tavern; micro-brewery. Place of entertainment and recreation; private hall; Dwelling units in a combined use building with any one (1) or more of the foregoing uses, provided that all dwelling units, not including entrances thereto, are located entirely above the non-residential use(s); (b) Regulations (i) (ii) (iii) Building height maximum 4 storeys and minimum 2 storeys Maximum front yard setback on other streets 2 metres Minimum amenity area per dwelling unit Bachelor Unit - 7.5 square metres One-Bedroom Unit - 10 square metres Two or more bedroom unit - 15 square metres (iv) Rooftop mechanical equipment will be setback from the roof edge a distance equal to the height above the roof, and will be screened from view from the street. (c) Prohibitions (i) (ii) Front yard setbacks on Sandwich Street are prohibited. Parking spaces are prohibited in any front yard.
3. The said by-law is further amended by changing the District Maps or parts thereof referred to in Section 3, of the said by-law and made part thereof, so that the lands therein and hereinafter described shall be delineated by a broken black line and further identified by the zoning symbol shown in Column 5 hereof: 1. 2. 3. 4. 5. Zoning Lands Affected Official District Plan Map Amendment Part Number Item Number Zoning Symbol 1 3 & 4 Sandwich Heritage Conservation District Residential Overlay Zone 2 3 Sandwich Heritage Conservation District Commercial Overlay Zone 68 S.20(3)1 68 S.20(3)2 4. That Schedule A, attached hereto, are hereby declared to be and to form part of this amending by-law. ACTING MAYOR CLERK First Reading - January 26, 2009 Second Reading - January 26, 2009 Third Reading - January 26. 2009
SCHEDULE A TO BY-LAW 24-2009 Joanne GIGNAC ACTING MAYOR Valerie CRITCHLEY CITY CLERK
SCHEDULE 2 1. By-law 24-2009 has the following purpose and effect: The lands that are the subject of this amending by-law are described as the Sandwich Heritage Conservation District, bounded on the east by Huron Church Road, on the north by the Detroit River, on the west by Prospect Avenue, and on the south generally by College Avenue. It is proposed by this amending by-law to add a supplementary section to the by-law establishing Commercial and Residential Overlay Zones and regulations regarding building height, maximum front yard depth and prohibiting front yard parking and structures or additions in front yards.
SCHEDULE 3 STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR THE CITY OF WINDSOR PLANNING AREA I, Michael Cooke, the manager of Planning Policy reviewed By-law 24-2009 of The Corporation of the City of Windsor. I am of the opinion that: The By-law is in conformity with the Official Plan in effect for the City of Windsor Planning Area. The By-law is consistent with provincial policy statements issued under Sub-Section 3(1) of the Act. The subject land is not within an area of land designated under any provincial plan or plans. Michael Cooke Manager of Planning Policy
For publication in the Windsor Star as a DISPLAY AD, two (2) columns by minimum depth on Wednesday, February 4, 2009. Gary Cian DEPUTY CITY CLERK WINDSOR, ONTARIO /ts AD DISTRIBUTION E-Mail - Windsor Star Account # 300441 Copies - Ad Folder - B/F - Council Cart