DRAFT BY-LAW 1700-74 (BY-LAW MODIFYING ZONING BY-LAW 1700) - APPLICATIONS TO TAKE PART IN A REFERENDUM
février 18, 2010
TO ALL INTERESTED PERSONS QUALIFIED TO SIGN AN APPLICATION TO TAKE PART IN A REFERENDUM
DRAFT BY-LAW 1700-74
1.Purpose of the draft by-law and applications to take part in a referendum
Further to the public consultation meeting held on Tuesday, February 2, 2010, the borough council adopted, the same day, a second draft by-law 1700-74 entitled: “By-law modifying Zoning By-law 1700, as amended, so as to:
–Remove the obligation to provide renovated buildings or new occupancy with parking spaces;
–Establish standards for the replacement of trees cut down;
–Authorize the use of soldered aluminum for front yard fences;
–Specify the location of dog enclosures in the standards applicable to fences;
–Include, to the "housing" group of uses, a provision prohibiting dwelling units below the established grade;
–Modify standards applicable to the storage of residual materials and recycling bins;
–Repeal the possibility to submit a request for approval by site planning and architectural integration program (SPAIP) for air conditioning units;
–Replace section 158 pertaining to window and door treatments;
–Authorize the use of fibrocement imitating brick or stone for rear exterior wall finishes;
–Include zones subjected to biogas control;
–Include the obligation to maintain in good condition biogas control systems;
–Authorize glass or plexiglass railings in L'Île-des-Sœurs neighbourhood;
–Authorize glass or plexiglass and wrought iron privacy screens in L'Île-des-Sœurs neighbourhood;
–Specify the public nature of playgrounds in the standards applicable to fences;
–Remove the requirement pertaining to pergola attached to main building in L'Île-des-Sœurs neighbourhood;
–Authorize wire mesh to conceal air conditioning units in L'Île-des-Sœurs neighbourhood;
–Specify the public nature of dog enclosures in the standards applicable to fences in L'Île-des-Sœurs neighbourhood;
–Modify the minimum distance between the swimming pool and the woodland boundaries;
–Modify tree planting requirements in zones adjacent to L'Île-des-Sœurs woodlands;
–Include special provisions applicable to Zones H03-22, H03-24, H03-25, H03-26, H03-40, H03-49, H03-55, H02-100, H02-102 and H02-112 so as to specify authorized exterior building material;
–Include standards pertaining to parking lot "tow zone" signs;
–Include the obligation to integrate borough policies to the analysis of site planning and architectural integration program (SPAIP);
–Modify the definition of inground swimming pool;
–Modify the grid of uses and standards C02-60 so as to authorize the "h2 - family housing", "h3 - multiplex housing" and "h4 - multifamily housing" group of uses;
–Repeal the grid of uses and standards C02-61;
–Modify the grid of uses and standards C03-99 so as to allow "real estate agency" use of the “local business – c1” group of uses;
–Modify Zoning Plan 2/2 so as to eliminate Zone C02-61 and integrate said zone to Zone C02-60, modify the boundary of Zone C02-51 in favour of Zone H02-59.”
The second draft by-law contains provisions that are subject to approval by way of referendum.Interested persons may file an application to require that a by-law containing such provisions be submitted for their approval in accordance with the Act respecting elections and referendums in municipalities.Information concerning these provisions and qualified voters in the zones affected and those in any contiguous zone from which a valid application originates may be obtained at room 102 of the borough hall located at 4555 rue de Verdun, Monday to Friday, from 9:00 a.m. to 5:00 p.m. or by calling 311.
A copy of this second draft by-law may be obtained, free of charge, at room 102 of the borough hall located at 4555, rue de Verdun.
2.Validity of an application
To be valid, an application must:
·clearly state the provision(s) to which it refers and the zone from which it originates;
·be received within 8 days of the publication of this notice, no later than 5:00 p.m. on Friday, February 26,2010;
·be signed by at least 12 interested persons in the zone from which it originates or by at least a majority of them if the number of interested persons in that zone does not exceed 21.
3.Interested persons
3.1 An interested person is a person who is not disqualified under the law and who meets the following conditions on February 2, 2010:
·is domiciled in the zone from which an application may originate;
·has been domiciled for at least 6 months in Quebec.
3.2Any sole owner of an immovable or sole occupant of a business establishment who is not disqualified under the law and who meets the following conditions on February 2, 2010:
·has been the owner of an immovable or the occupant of a business establishment for at least 12 months in the zone from which an application may originate.
3.3Any undivided co-owner of an immovable or co-occupant of a business establishment who is not disqualified under the law and who meets the following conditions on February 2, 2010:
·has been the undivided co-owner of an immovable or the co-occupant of a business establishment for at least 12 months in the zone from which an application may originate;
·has been designated, by power of attorney signed by the majority of persons who have been co-owners or co-occupants for at least 12 months, as the person authorized to sign on their behalf and to have his name entered on the referendum list, as the case may be.The power of attorney must have been produced ahead of time or produced with the application.
A natural person must be of legal age, a Canadian citizen, and not under curatorship.
A legal person must:
·have designated from among its members, directors or employees, by resolution, a person who, on February 2, 2010, is of full age, a Canadian citizen, and not under curatorship or any voting disqualification;
·have previously produced, or produce at the same time as the application, a resolution designating the authorized person to sign the application and to have his name entered on the referendum list, as the case may be.
Except in the case of a person designated as representative of a legal person, no one may be considered an interested person in more than one capacity, in accordance with section 531 of the Act respecting elections and referendums in municipalities.
4.Absence of applications
Provisions for which no applications were filed may be included in a by-law that need not be submitted for the approval of qualified voters.
5.Consultation of documents
The second draft by-law may be consulted at room 102 of the borough hall, 4555 rue de Verdun, Monday to Friday, from 9:00 a.m. to 5:00 p.m.
Given at Montréal, arrondissement de Verdun, Québec,
