BY-LAW RELATIVE TO CONDITIONAL USES By-law Number CA

Transcription

1 BY-LAW RELATIVE TO CONDITIONAL USES By-law Number CA

2 PROVINCE OF QUÉBEC BY-LAW NUMBER CA BOROUGH OF BY-LAW RELATIVE TO PIERREFONDS-ROXBORO CONDITIONAL USES DRAFT BY-LAW: February NOTICE OF MOTION: May DECOND DRAFT BY-LAW June ADOPTION: June COMING INTO FORCE : July Modifications included in this document By-law Number Date of coming into force

3 i TABLE OF CONTENTS CHAPTER 1 DECLARATORY, INTERPRETIVE AND ADMINISTRATIVE PROVISIONS...1 SECTION 1: DECLARATORY PROVISIONS TITLE OF THE BY-LAW TERRITORY AFFECTED SCOPE OF APPLICATION TABLES, GRAPHICS, SYMBOLS...1 SECTION 2: GENERAL INTERPRETIVE PROVISIONS UNITS OF MEASUREMENT RULES OF PRECEDENCE FOR THE PROVISIONS RULES OF PRECEDENCE FOR THE PROVISIONS OVER THOSE IN THE ZONING BY-LAW REFERENCES TERMINOLOGY...2 SECTION 3: ADMINISTRATIVE PROVISIONS APPLICATION OF THE BY-LAW POWERS AND DUTIES OF THE OFFICIAL VIOLATIONS, SANCTIONS, RECOURSE AND PROSECUTION...3 CHAPTER 2 PROCESSING AN APPLICATION FOR A CONDITIONAL USE OBLIGATION SUBMITTING THE APPLICATION INFORMATION AND DOCUMENTS REQUIRED FOR AN APPLICATION FOR A CONDITIONAL USE...4 CHAPTER 3 CONDITIONAL USES AND EVALUATION CRITERIA...6 SECTION 1: PUBLIC MARKET-TYPE RETAIL SALES ZONES OF APPLICATION CONDITIONAL USE THAT MAY BE AUTHORIZED EVALUATION CRITERIA APPLICABLE TO THE CONDITIONAL USE PUBLIC MARKET-TYPE RETAIL SALES...6 SECTION 3: COMMUNITY SERVICES ZONES OF APPLICATION CONDITIONAL USE THAT MAY BE AUTHORIZED EVALUATION CRITERIA APPLICABLE TO THE CONDITIONAL USE COMMUNITY SERVICE...7 SECTION 5: RETIREMENT HOME AND HOME FOR DEPENDENT SENIORS ZONES OF APPLICATION CONDITIONAL USES THAT MAY BE AUTHORIZED EVALUATION CRITERIA APPLICABLE TO THE CONDITIONAL USE RETIREMENT HOME OR HOME FOR DEPENDENT SENIORS...8 Table of contents

4 ii SECTION 4: INTERMEDIARY RESOURCES ZONES OF APPLICATION CONDITIONAL USES THAT MAY BE AUTHORIZED EVALUATION CRITERIA AND CONDITIONS APPLICABLE TO THE CONDITIONAL USE INTERMEDIARY RESOURCE...10 SECTION 5: COMMUNICATIONS TOWER ZONES OF APPLICATION CONDITIONAL USES THAT MAY BE AUTHORIZED EVALUATION CRITERIA AND CONDITIONS APPLICABLE TO THE CONDITIONAL USE COMMUNICATIONS TOWER...12 CHAPTER 4 INTERIM AND FINAL PROVISIONS COMING INTO FORCE...13 Table of contents

5 1 THE BOROUGH COUNCIL OF PIERREFONDS-ROXBORO ORDERS THAT: CHAPTER 1 DECLARATORY, INTERPRETIVE AND ADMINISTRATIVE PROVISIONS SECTION 1: DECLARATORY PROVISIONS 1. TITLE OF THE BY-LAW The by-law titled for the Borough of Pierrefonds- Roxboro. 2. TERRITORY AFFECTED The by-law applies to the whole territory under the jurisdiction of the Borough of Pierrefonds-Roxboro. 3. SCOPE OF APPLICATION Any use or modification of the use of a structure or part of a structure not authorized in the Zoning By-law may be made to conform to the provisions in the present by-law. 4. TABLES, GRAPHICS, SYMBOLS Any table, graphic, symbol or other form of expression other than the text itself contained in the by-law or to which it makes reference, forms an integral part of this by-law. SECTION 2: GENERAL INTERPRETIVE PROVISIONS 5. UNITS OF MEASUREMENT All dimensions and measurements used in the present by-law are expressed in measurement units of the International System (IS). Chapter 1 : Declaratory, interpretive and administrative provisions

6 2 6. RULES OF PRECEDENCE FOR THE PROVISIONS In the by-law, unless otherwise indicated, the following rules of precedence apply: 1 In the case of incompatibility between the text and a title, the text takes precedence. 2 In the case of incompatibility between the text and any other form of expression, the text takes precedence. 7. RULES OF PRECEDENCE FOR THE PROVISIONS OVER THOSE IN THE ZONING BY-LAW The rules in this by-law take precedence over those in the Zoning By-law in force. Thus, a use subject to the present by-law must necessarily be subject to the procedure relative to a conditional use. 8. REFERENCES All references to other by-laws given in this by-law remain open, that is to say they extend to cover any modification, made after the coming into force of the by-law, to which the by-law may be subject. 9. TERMINOLOGY For the purposes of interpreting the present by-law, except where the context indicates a different meaning, any word or expression has the meaning given to it in Chapter 3 of the Zoning By-law in force. Should a word or an expression not be specifically defined in that by-law, it is understood by its common meaning as defined in a dictionary. SECTION 3: ADMINISTRATIVE PROVISIONS 10. APPLICATION OF THE BY-LAW The application of the present by-law falls under the jurisdiction of the official appointed in accordance with the provisions of the by-laws on permits and certificates (By-law 1051 for the Town of Pierrefonds and By-law for the Town of Roxboro) in force. Chapter 1 : Declaratory, interpretive and administrative provisions

7 3 11. POWERS AND DUTIES OF THE OFFICIAL The powers and duties of the appointed official are defined in the by-laws on permits and certificates (By-law 1051 for the Town of Pierrefonds and By-law for the Town of Roxboro) in force. 12. VIOLATIONS, SANCTIONS, RECOURSE AND PROSECUTION The provisions relative to a violation, a sanction, recourse or legal prosecution in regard to the by-law are those set out in the by-laws on permits and certificates (By-law 1051 for the Town of Pierrefonds and By-law for the Town of Roxboro) in force. Chapter 1 : Declaratory, interpretive and administrative provisions

8 4 CHAPTER 2 PROCESSING AN APPLICATION FOR A CONDITIONAL USE 13. OBLIGATION The issuance of a permit or a certificate of authorization for a conditional use listed in the present by-law is subject to a recommendation from the Planning Advisory Committee (PAC) and to approval from the Borough Council. 14. SUBMITTING THE APPLICATION An application for approval of a conditional use must be submitted by the applicant or his authorized representative to the appointed official. It must be signed by the applicant or his authorized representative and be accompanied by the information and documents required in the present by-law. Not later than 15 days before the holding of the sitting at which the council is to decide the application for authorization of a conditional use, the Borough s office shall, by means of a public notice given in accordance with the Act respecting cities and towns (R.S.Q., Chapter C-19) and a sign placed in full view on the site to which the application relates, indicate the date, time and place of the sitting, the nature of the application and that any person interested may be heard at the sitting in relation to the application. 15. INFORMATION AND DOCUMENTS REQUIRED FOR AN APPLICATION FOR A CONDITIONAL USE An application for approval of a conditional use must include the following information and documents: 1 The last name, first names, address and telephone number of the owner or of the occupant if they are different from those of the owner. 2 The address and the cadastral number of the property targeted by the application. 3 The existing use and the proposed use of the landsite or the building or part of the landsite or building targeted by the application. 4 2 copies of an official cadastral plan of the landsite. Chapter 2 : Processing an application for a conditonal use

9 5 5 2 copies of a certificate of localisation showing, for the site concerned, the information listed in the by-laws on permits and certificates (By-law 1051 for the Town of Pierrefonds and By-law for the Town of Roxboro) in force. 6 2 copies of a site plan showing, for the site concerned, the information listed in the bylaws on permits and certificates (By-law 1051 for the Town of Pierrefonds and By-law for the Town of Roxboro) in force. 7 2 copies of the architectural plans, sections, elevations and details listed in the by-laws on permits and certificates (By-law 1051 for the Town of Pierrefonds and By-law for the Town of Roxboro) in force. 8 Photographs or an architectural survey of the existing buildings on the site and on adjoining sites. 9 Proposed timetables and phases for implementation. 10 Estimated cost of the project. 11 The costs eligible according to the by-law concerning the tarifications. 12 Any other document necessary for a good understanding of the project. Depending on the nature of the application, the appointed official may indicate to the applicant the information and documents, among those listed previously, that are not required for the evaluation of his application and, as a consequence, do not need to be submitted. Chapter 2 : Processing an application for a conditonal use

10 6 CHAPTER 3 CONDITIONAL USES AND EVALUATION CRITERIA SECTION 1: PUBLIC MARKET-TYPE RETAIL SALES 16. ZONES OF APPLICATION The provisions in the present section apply in all zones identified in the Zoning By-law in which a use in the Commercial (c) group of uses is authorized as a main use in a zone in which the main land use occupation is Commercial (C) and in which the main building has a floor area of less than 1,400 m CONDITIONAL USE THAT MAY BE AUTHORIZED A public market-type retail store may be authorized as a conditional use. This type of business consists of the retail sale of fruits, vegetables, plants and articles associated with them. 18. EVALUATION CRITERIA APPLICABLE TO THE CONDITIONAL USE PUBLIC MARKET-TYPE RETAIL SALES An application for authorization for a conditional use of public market-type retail store targeted in the present section must be evaluated by considering the following criteria: 1 In the case of a new or recycled structure, the architectural composition must be adapted to the function and respect the requirements of the By-law on SPAIPs applicable to the building concerned, as needed. 2 Storage of merchandise is permitted in all yards. 3 Displayed merchandise may not remain on pallets. To this end, the display must consist of display stands specifically designed for this purpose and must not be comprised of pallets or similar installations. 4 The area in which the products are displayed may be located inside an off-street parking area as long as it does not encroach upon a parking space required in virtue of the planning regulations. Chapter 3 : Conditional uses and evaluation criteria

11 7 5 The project must be integrated into its insertion environment. 6 Any dust, ash or smoke emissions must not travel beyond the lot boundaries. 7 Any dazzling light, direct or indirect, must not be visible from anywhere outside the lot boundaries. 8 In all cases, an area for garbage storage must be created inside the building and it must be refrigerated. SECTION 3: COMMUNITY SERVICES 19. ZONES OF APPLICATION The provisions in the present section apply in all zones identified in the Zoning Bylaw in which the Housing (h) or Community (p) group of uses is authorized as a main use. 20. CONDITIONAL USE THAT MAY BE AUTHORIZED A community service of the help with homework or social service (653) type or a commercial retail sale of the food bank (6999) type may be authorized as a conditional use. In order to be authorized as a conditional use, a community service must be operated by a nonprofit organization. 21. EVALUATION CRITERIA APPLICABLE TO THE CONDITIONAL USE COMMUNITY SERVICE An application for authorization for a conditional use of community service targeted in the present section must be evaluated by considering the following: 1 The architectural composition is adapted to the function, and respects the requirements of Chapter 4, Section 3 of the By-law on SPAIPs applicable to the building concerned, as needed. 2 The project must not be the source of any irritation or annoyance for the neighbourhood. Chapter 3 : Conditional uses and evaluation criteria

12 8 3 Within a zone in which the use group Housing (h) is authorized as a main use, the activities must only be carried out inside a dwelling. 4 A single identification plaque placed flat on the building and not larger than 0.5 m 2 is authorized; this plaque must be in harmony with the style and the materials of the dwelling and may not be illuminated. SECTION 5: RETIREMENT HOME AND HOME FOR DEPENDENT SENIORS 22. ZONES OF APPLICATION The provisions in the present section apply in all zones identified in the Zoning Bylaw in which the Collective housing (h4) use is authorized. 23. CONDITIONAL USES THAT MAY BE AUTHORIZED A reception centre or a home for dependent seniors may be authorized as a conditional use. 24. EVALUATION CRITERIA APPLICABLE TO THE CONDITIONAL USE RETIREMENT HOME OR HOME FOR DEPENDENT SENIORS An application for authorization of the conditional use retirement home or home for dependent seniors targeted in the present section must be evaluated by considering the following criteria: 1 The contents of the Master Plan must be respected. 2 The quality of integration of the project into the surrounding environment in regard to the external appearance of the structure, the landscaping and the use of the outdoor spaces. 3 The nature of the modifications to be made to an existing structure must not mar the architectural integrity of the building. Chapter 3 : Conditional uses and evaluation criteria

13 9 4 The intensity of the use, in particular in terms of floor area, attendance, volumes of pedestrian and vehicular traffic, times of use and hours of operation, must not disturb the serenity of the surrounding environment. 5 Existing and proposed pedestrian and vehicular entrances must be designed with respect for the insertion environment. 6 The use must be compatible with, and complementary to, its environment, taking into account the following elements: a) The location of the use within the sector, on the lot and inside the building. b) The nature and the degree of concentration of the other uses and conditional uses installed in the building and in the sector. c) The locations of entrances to the site and entrances to the building. d) The characteristics of the building occupied, as well as those of the landscaping and of the uses of the outdoor spaces. e) The volumes of pedestrian and highway traffic brought about by the project. f) Vibrations and the emission of dust, smoke, odour, light and noise generated by the project. g) The proximity of residential zones. h) The area of the landsite in terms of the conditional use requested. 7 Any proposed signage must be discreet and respect the applicable provisions listed in the Zoning By-law in force. 8 Parking spaces for the disabled may be located in the front yard. Chapter 3 : Conditional uses and evaluation criteria

14 10 SECTION 4: INTERMEDIARY RESOURCES 25. ZONES OF APPLICATION The provisions in the present section apply in all zones identified in the Zoning By-law in which a use in the Cultural and sports establishments, or those related to public affairs and community services (p2d) category of uses and a use in the Collective housing (h4) category of uses are authorized. 26. CONDITIONAL USES THAT MAY BE AUTHORIZED An intermediary resource for more than 9 persons under the meaning of the Act respecting health services and social services (R.S.Q., c. S-4.2) may be authorized as a conditional use. 27. EVALUATION CRITERIA AND CONDITIONS APPLICABLE TO THE CONDITIONAL USE INTERMEDIARY RESOURCE An application for authorization of the conditional use intermediary resource targeted in the present section must be evaluated by considering the following criteria: 1 The contents of the Master Plan must be respected. 2 The quality of integration of the project into the surrounding environment in regard to the external appearance of the structure, the landscaping and the use of the outdoor spaces. 3 The nature of the modifications to be made to an existing structure must not mar the architectural integrity of the building. 4 The intensity of the use, in particular in terms of floor area, attendance, volumes of pedestrian and vehicular traffic, times of use and hours of operation, must not disturb the serenity of the surrounding environment. 5 Existing and proposed pedestrian and vehicular entrances must be designed with respect for the insertion environment. 6 The use must be compatible with, and complementary to, its environment, taking into account the following elements: Chapter 3 : Conditional uses and evaluation criteria

15 11 a) The location of the use within the sector, on the lot and inside the building. b) The nature and the degree of concentration of the other uses and conditional uses installed in the building and in the sector. c) The locations of entrances to the site and entrances to the building. d) The characteristics of the building occupied, as well as those of the landscaping and of the uses of the outdoor spaces. e) The volumes of pedestrian and highway traffic brought about by the project. f) Vibrations and the emission of dust, smoke, odour, light and noise generated by the project. g) The proximity of residential zones. h) The area of the landsite in terms of the conditional use requested. 7 Any proposed signage must be discreet and respect the applicable provisions listed in the Zoning By-law in force. 8 Parking spaces for the disabled may be located in the front yard. 9 The project must have a ratio of 1 parking space per 4 rooms. SECTION 5: COMMUNICATIONS TOWER 28. ZONES OF APPLICATION The provisions in the present section apply in all zones identified in the Zoning By-law in which the main land use occupation is Commercial (C), Industrial (I), Recreational (R) or Community (P). Chapter 3 : Conditional uses and evaluation criteria

16 CONDITIONAL USES THAT MAY BE AUTHORIZED An antenna connected to a communications tower may be authorized as a conditional use. 30. EVALUATION CRITERIA AND CONDITIONS APPLICABLE TO THE CONDITIONAL USE COMMUNICATIONS TOWER An application for authorization for the conditional use Communications tower (471) targeted by the present section must be evaluated by considering the following criteria: 1 The installation of the tower must be necessary for ensuring coverage for the entire territory of the Borough; this must be demonstrated by a document prepared by a consultant. 2 As a priority, the purpose of the tower must be to serve the residents of the Borough. 3 If alternative measures are possible, they must be preferred to the installation of a new tower. A consultant s report must demonstrate the impossibility of using existing antennas. 4 Selections for the location, landscaping, colour and shape of the structures for the tower must reduce the visual impact. 5 The equipment is located at a site where it does not obstruct a visual opening or a landscape of interest. 6 The equipment is located at a site where it will have the least impact on residential areas and other sensitive zones. Chapter 3 : Conditional uses and evaluation criteria

17 13 CHAPTER 4 INTERIM AND FINAL PROVISIONS 31. COMING INTO FORCE The by-law comes into force in accordance with the law. Chapter 4 : Interim and final provisions