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Application to take part in a referendum for Second draft by-law modifying the zoning by-law to amend the siting standards in zone RD-17 (2019-43-21P2)

Wednesday 30 October 2019

1. At the regular sitting of the Ville de Saint-Lambert Municipal Council, held on October 22, 2019, by resolution 2019-10-312, Council adopted the Second draft by-law modifying the zoning by-law to amend the siting standards in zone RD-17 (2019-43-21P2) [translation].

2. This second draft by-law aims to amend the Zoning by-law (2008-43) to:

  1. to authorize the operation of a retail establishment of cheese and specialty food products in zone RD-17;
  2. to authorize, in addition to such an operation, the operation of a restaurant space of a maximum area of 60 m2;
  3. not to require, with respect to such a restaurant space, the number of parking spaces otherwise required by the by-law;
  4. to allow a café-terrace, attached to such a business, to be located within five metres of a residential area.

3. This second draft by-law contains 4 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 RD-7 or from one of the adjoining affected zones, namely zones RD-4, CA-2, RA-7, PB-18, CB-2, CB-4, MI-6 and RB-3.

4. The affected zone RD-17 and the adjoining zones are indicated in grey in the illustration prepared by Dany Guillotte, engineering technician, on September 26, 2019 and attached to this notice. 

Croquis - Zone Rd-17

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

  1. clearly indicate the provision it concerns and the zone from which it originates;
  2. 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;
  3. be received at the City Clerk’s Office, at the address indicated below, no later than Thursday, November 7, 2019;

Note: The City Clerk’s Office provides a form for making such a request to any person entitled to vote. This form is available by clicking here

6. A person interested in a zone is a person who, on October 22, 2019: 

  • 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 one of those zones since October 22, 2019, and since at least April 22, 2019 in Quebec;
  • the sole owner of an immovable located on the territory of one of those zones since at least October 22, 2018, provided he or she is not already entitled to be entered on the referendum list for one of those zones 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 one of those zones since at least October 22, 2018, provided he or she is not already entitled to be entered on the referendum list for one of those zones 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 one of those zones since at least October 22, 2018, provided he or she is not already entitled to be entered on the referendum list for one of those zones 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 October 22, 2019, which must be submitted to the undersigned; or

 the co-occupant of a business establishment located on the territory of one of those zones since at least October 22, 2018, provided he or she is not already entitled to be entered on the referendum list for one of those zones 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 October 22, 2019, 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 October 22, 2019:

  • 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. A provision mentioned in paragraph 2 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.