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Second draft by-law modifying the zoning by-law (2008-43) - To interested persons entitled to sign an application

Wednesday 4 October 2017

1. At the regular meeting of the Ville de Saint-Lambert Municipal Council, held on September 18, 2017, by resolution 2017-09-225, Council adopted the second draft by-law modifying the Zoning by-law to authorize educational institutions for children with disabilities or with adjustment or learning disabilities due to an intellectual impairment and to withdraw certain public uses in zone PB-20 (2017-43-11-P2);

2. As its title indicates, this second draft by-law seeks to amend the Zoning by-law to:

  • provide for “kindergartens, elementary and secondary educational institutions for children from 4 to 21 years that offer educational services for students with disabilities or students with adjustment or learning disabilities due to an intellectual impairment” to henceforth be authorized in zone PB-20;
  • authorize the use of parks, green spaces and recreational equipment, class A;
  • eliminate the public and semi-public uses (PB) (4000), classes D-1 to D-5;

3. This second draft by-law contains three provisions making it a by-law subject to approval by way of referendum, that can be the object of an application to take part in a referendum by interested persons from the affected zone PB-20 or from one of the adjoining affected zones, namely zones RA-7, RA-8, PA-13 and CA-3.

4. The affected zone PB-20 and the adjoining zones are indicated in grey in the illustration.

zone concernée PB-20 et les zones contiguës

5. In order to be valid, an application must meet the following conditions:

  • clearly indicate the provision it concerns and the zone from which it originates;
  • be signed by at least twelve (12) interested persons of the zone from which it originates or by at least the majority if the number of interested persons in the zone does not exceed 21;
  • be received at the City Clerk’s Office, at the address indicated below, no later than Thursday, October 12, 2017;

6. A person interested in a zone is a person who, on September 18, 2017:

  • is a natural person;
  • is of full age;
  • is a Canadian citizen;
  • is not under curatorship;
  • has not been convicted, over the last five years, of an offence that is a corrupt electoral practice;

and who has either been:

  • domiciled on the territory of a zone since September 18, 2017, and since at least March 18, 2017 in Quebec;
  • the sole owner of an immovable located on the territory of a zone since at least September 18, 2016, provided he or she is not already entitled to be entered on the referendum list for this zone in his or her capacity as a domiciled person and has filed an application for entry on the list of electors with the undersigned;
  • the sole occupant of a business establishment located on the territory of a zone since at least September 18, 2016, provided he or she is not already entitled to be entered on the referendum list for this zone in his or her capacity as a domiciled person or as the sole owner of an immovable and has filed an application for entry on the list of electors with the undersigned;

Note: The sole owner of several immovables or the sole occupant of several business establishments must be entered at the address of the immovable or the business establishment having the highest property or rental value;

  • the undivided co-owner of an immovable located on the territory of a zone since at least September 18, 2016, provided he or she is not already entitled to be entered on the referendum list for this zone in his or her capacity as a domiciled person, as the sole owner of an immovable or as the sole occupant of a business establishment and so designated by means of a power of attorney signed by the majority of the co-owners who are qualified voters on September 18, 2017, which must be submitted to the undersigned; or
  • the co-occupant of a business establishment located on the territory of a zone since at least September 18, 2016, provided he or she is not already entitled to be entered on the referendum list for this zone in his or her capacity as a domiciled person, as the sole owner of an immovable, as the sole occupant of a business establishment or as the undivided co-owner of an immovable and so designated by means of a power of attorney signed by the majority of the co-occupants who are qualified voters on September 18, 2017, which must be submitted to the undersigned;

7. A legal person exercises his or her rights through one of his or her members, directors or employees designated for that purpose by resolution. The designated person must also, on September 18, 2017:

  • be of full age;
  • be a Canadian citizen;
  • not be under curatorship;
  • not have been convicted, over the last five years, of an offence that is a corrupt electoral practice.

8. The provisions mentioned in paragraph 3 of this notice that were not subject to any valid application may be included in a by-law that does not require the approval of qualified voters;

9. This second draft by-law may be consulted at the at the City Clerk’s Office, located at 55 Argyle Avenue in Saint-Lambert, from Monday to Thursday, from 8:30 a.m. to noon and from 1 p.m. to 4:30 p.m. and on Friday, from 8:30 to noon or on the City’s website at: www.saint-lambert.ca.