The Corporation of the Township of Selwyn

By-law Number 2015-013

Being a By-law passed pursuant to the provisions of

Section 34 of The Planning Act, R.S.O. 1990, as amended to amend the Township of Selwyn Comprehensive

Zoning By-law No. 2009-021, as otherwise amended.

Whereas the Council of the Corporation of the Township of Selwyn has received an application to amend By-Law No. 2009-021, otherwise known as the Comprehensive Zoning By-Law, insofar as is necessary to re-zone those lands described as being Plan 89, Lot 33 in the Smith Ward (municipally known as 319 Glenwood Street). The proposed Zoning By-law Amendment is intended to have the effect of changing the zone category of the from “Residential Type One – Exception 361 (R1-361) Zone” to “Residential Type One – Exception 516 (R1-516) Zone” which would recognize and define the proposed use as a research and education facility, the floor area and location within the existing home to be used as the facility, and further refine parking requirements. Whereas the Ontario Municipal Act, 2001, S.O. 2001, c.25, Section 5.3, as amended, states that a municipal power shall be exercised by By-law unless the municipality is specifically authorized to do otherwise; Now therefore the Council of the Corporation of the Township of Selwyn enacts as follows:

1. That Schedule “A” - Map 1 attached to and forming part of By-

law No. 2009-021, as otherwise amended, is hereby further amended by changing the zone category of certain lands described as being Plan 89, Lot 33 in the Smith Ward from “Residential Type One Exception 361 (R1-361) Zone” to “Residential Type One Exception 516 (R1-516) Zone”, as illustrated on Schedule “A” attached hereto and by this reference forming part of this By-law.

2. That Schedule ‘B’, entitled Exceptions Zones, of By-law No. 2009-021, as amended, is hereby further amended with the addition of new subsection, namely 516 which shall read as follows:

“516 Residential Type One Exception 516 (R1-516) Zone Plan 89, Lot 33 – Smith Ward Notwithstanding the provisions of the Residential

Type One (R1) Zone to the contrary, within the R1-516 zone the following provisions shall apply:

Permitted Uses: Ancillary to the uses permitted in Section 4.9.1.1 of

this by-law, a permitted use shall include a Research and Education Facility dedicated to studying the distribution and effects of electromagnetic energy on human health.

For the purposes of the R1-516 Zone, Research and

Education Facility shall mean a facility which is utilized for the purposes of conducting research on the biological effects of electromagnetic fields emitted

2. d) i) Attachment 1

from household devices including diagnostic testing; testing of ways to shield/reduce electromagnetic exposure generated by household devices, and for the purposes of educational workshops which shall be limited to five (5) participants.

Regulations: i) That the use as a Research and Education

Facility shall be limited to the basement of the dwelling.

ii) A minimum of three (3) parking spaces shall be

provided on the subject property for the exclusive use of the Research and Education Facility. Further, parking spaces shall be provided off site through an agreement between the property owner of those lands and the property owner of 319 Glenwood Ave, as found in Schedule “B” attached hereto and by this reference forming part of this By-law. Parking spaces related to the residential use shall comply with Section 3.29 of this By-law.

iii) All other regulation of Schedule B – Section

361 shall apply and be complied with.

3. That this By-law shall come into effect upon the approval of Official Plan Amendment No. OPA 27.

4. That subject to notice of the passing of this By-law in accordance with the provisions of Section 34(18) of the Planning Act, this By-law shall come into force and effect on the date of passing by the Council of the Corporation of the Township of Selwyn where no notice of appeal or objection is received pursuant to the provisions of Section 34(21) of The Planning Act, R.S.O.1990, as amended.

Read a first, second, and third time and finally passed this 27th day of January A.D., 2015.

_____________________ Mary Smith, Mayor

_______________________ Angela Chittick, Clerk Corporate Seal

2. d) i) Attachment 1

2. d) i) Attachment 1