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Notice of Passing of a Zoning By-law Amendment

Posted on Friday January 19, 2018

Take notice that the Council of the Town of Essex has passed By-law Number 1659 on the 15th day of January, 2018, under Section 34 of the Planning Act.

And take notice that 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 the group on its behalf. An appeal to the Ontario Municipal Board in respect of the By-law may be completed by filing with the Clerk of the Town of Essex not later than Monday, February 7, 2018, a notice of appeal setting out the objection to the By-law and the reasons in support of the objection accompanied by the required fee of $300 by certified cheque or money order made payable to the Minister of Finance.

Note: If you wish to appeal to the Ontario Municipal Board (OMB), the requisite appeal forms are available from the Ontario Municipal Board at elto.gov.on.ca/tribunals/omb/about-the-omb/ or you may obtain the appeal forms from the Clerk’s office.

No person or public body shall be added as a party to the hearing of the appeal of the decision unless, before the by-law was passed, that 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.

Please be advised that Council considered oral submissions made in response to public notice related to these zoning changes when making its decision to adopt this by-law.

An explanation of the purpose and effect of the By-law, describing the lands to which the By-law applies is attached. The complete By-law and any associated information are available for inspection at Essex Town Hall (33 Talbot Street South, Essex Centre) during regular office hours. A Key Map showing the location of lands to be rezoned to a manufacturing zoning category is attached below.

Dated at the Town of Essex this 16th day of January, 2018.

Robert Auger, Clerk
Town of Essex
33 Talbot Street South
Essex, Ontario
N8M 1A8
Telephone: 519-776-7336, extension 1132
Email: rauger@essex.ca

Explanatory Note

Of the three properties to be rezoned, two properties are located on the south side of Concession 8, west of Highway 3. They were recently incorporated into the Essex Centre Settlement Area and are designated in the Town of Essex Official Plan for industrial use, subject to rezoning to an industrial zoning category. Their legal description is 14978 14th Concession on the south side of County Road 8, east of Pinkerton Sideroad, J. Egeto, owner, and Concession 14, Part Lots 15 and 16, Registered Plan 12R11669, Part 1, Registered Plan 12R15234, Part 2, J. F. Lafferty owner.

The third set of properties are located parallel to Highway 3 on South Talbot Road, south of Maidstone Avenue and are also designated Industrial in the Official Plan. This restricted use commercial corridor is suitable for light industrial uses subject to rezoning. They comprise a total of 25 acres, described as Colchester CON STR Part Lot 285, comprising Parts 20, 23, 24, 25, 28, and 29, Plan 12R 21183.

All of the lands to be rezoned to a manufacturing zoning category are shown on the key maps below.

In addition, the following changes to General Zoning By-law 1037 result from the adoption of By-law 1659:

  1. Revises the definitions of: “attached”; “detached”; “existing” and “lot” and adds two new definitions: “Storage Container” and “Tertiary Treatment Septic System”;
  2. Adds provisions related to the use of storage containers for permanent storage;
  3. Recognizes dwellings on un-assumed roads in new subdivisions;
  4. Establishes more consistent lot area provisions for rural dwellings on septic systems, including dwellings using a tertiary treatment septic system;
  5. Removes “Motor Vehicle Salvage Yard” as a permitted use in the M2.1 Zoning District;
  6. Corrects the R1.3 Rural Residential Zoning District provisions related to minimum building setbacks from front and rear lot lines.

Please be advised that written and oral submissions were received from the public concerning these revisions. The submissions were for clarification to the proposed revisions, which did not affect Council’s decision, and a request for a modification, which did affect Council’s decision.

Key Maps

See attached image (Key Map 1) showing the location of the lands to be rezoned from A1.1, general agricultural, to HM2.1, holding general manufacturing.

See attached image (Key Map 2) showing the location of the lands to be rezoned from C3.4, restricted highway commercial, to M1.3, light industrial.