Request for opening a register
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OBJECT : BY-LAW 2217-JJJ-P2 TO AMEND THE ZONING BY-LAW NO. 2217 OF THE CITY OF CÔTE SAINT-LUC IN ORDER TO REPLACE THE CURRENT TABLES OF USES AND NORMS FOR ZONES CC-3, CD-1, CD-5 AND CD-8 WITH NEW TABLES OF USES AND NORMS
TO ALL PERSONS HAVING THE RIGHT TO REQUEST THAT A REGISTER BE OPENED IN RESPECT OF BY-LAW NUMBERED 2217-JJJ-P2 AND ENTITLED:
“By-law 2217-JJJ-P2 to amend the zoning By-Law No.2217 of the City of Côte Saint-Luc in order to replace the current tables of uses and norms for zones CC-3, CD-1, CD-5 and CD-8 with new tables of uses and norms”
1. SECOND DRAFT BY-LAW AND APPLICATION FOR APPROVAL BY WAY OF REFERENDUM
PUBLIC NOTICE is hereby given that, following the 15-day written public consultation held from March 23, 2022, to April 7, 2022, as well as the Regular Council Meeting held on April 11, 2022, the Côte Saint-Luc City Council has adopted a Second Draft by-law numbered 2217-JJJ-P2 and entitled: “By-law to amend the zoning By-Law No.2217 of the City of Côte Saint-Luc in order to replace the current Tables of Uses and Norms for Zones CC-3, CD-1, CD-5 and CD-8 with new tables of uses and norms”.
The object of the by-law is to replace the current table of uses and norms for zones CC-3, CD-1, CD-5, and CD-8 with new tables of uses and norms in order to add “institutional use” to the said concerned zones. The amendment will allow religious institutions to operate in the commercial centers located within these zones.
This Second Draft by-law contains provisions (Articles 1 to 4) in respect of which interested persons may request that by-laws containing such a provision be submitted to the approval of qualified voters in conformity with the Act Respecting Elections and Referendums in Municipalities (CQLR, chapter E-2.2).
Information on which interested persons are entitled to sign an application with respect to the Second Draft by-law and on the tenor of an application may be obtained by communicating by e-mail or by telephone, with Ms. Nathalie Beaudoin. A template of the application form is available on the City’s website at the following link: CoteSaintLuc.org/engage or by submitting a request at the following email address: [email protected].
2. CONCERNED ZONES AND CONTIGUOUS ZONES
A sketch of the concerned zones as well as the contiguous zones from which an application may originate are annexed herewith to form an integral part thereof, to avail herein as if quoted hereinafter at length. The concerned zones and the contiguous zones can be summarized as follows :
|Concerned Zones||Contiguous Zones|
|CC-3||RU-46, RU-48, RU-50, RM-34, RM-37, CC-4, RM-39, PM-29, PM-37, HM-6, RU-62, RU-69, RU-67|
|CD-1||RU-12, CD-2, CA-2, RM-59, RM-19, RM-16, RM-20, HM-3, RM*-57|
|CD-5||RU-20, RU-22, CA-3|
|CD-8||RB-14, CD-7, RM*-32, RU-45, RU-31, RB-8, IR-16|
3. CONDITIONS FOR AN APPLICATION TO BE VALID
An application, in order to be valid must :
- State clearly the provision to which it refers and the zone or sector of a zone from which it originates;
- Be received by the municipality in person, by mail at the City Clerk’s Office (5801, CavendishBoulevard, Côte Saint-Luc, H4W 3C3) or by email at the following address: [email protected] no later than April 28, 2022 at 4:30 p.m. Persons submitting requests by mail are encouraged to do so as quickly as possible to take into account the postal delivery delays;
- Be signed by at least twelve (12) interested persons in the zone eligible to sign the application. However, should the aforementioned eligible zone contain 21 interested persons or less, the request shall require, in order to be valid, the signature of the majority of interested persons in that zone.
4. CONDITIONS TO BE CONSIDERED AN INTERESTED PERSON
An interested person is:
Any person who is not disqualified from voting and who fulfills the following conditions as of April 11, 2022:
- Be domiciled in the zone from which a valid application may emanate; and
- Be domiciled for at least six months in Québec;
Any person who is not disqualified from voting and who is a sole owner of an immovable or
occupant of a place of business as of April 11, 2022 and fulfills the following conditions:
- Is, for at least the past twelve months, sole owner of an immovable or occupant of a place
of business, within the meaning of the Act respecting municipal taxation (CQLR, chapter
F-2.1) located in a zone from which a valid application may emanate;
- Has produced or will produce at the same time of the application, a signed document b
the said sole owner or occupant requesting to be placed on the referendum list.
Any person who is not disqualified from voting and who is an undivided co-owner or
co-occupant of a place of business as of April 11, 2022 and who fulfills the following
- Is, for at least the past twelve months, an undivided co-owner or co-occupant of a place of business in a zone from which a valid application may emanate;
- Must have designated, from amongst themselves by a power of attorney signed by the majority of the undivided co-owners or co-occupants who, for at least the past twelve (12) months, were undivided co-owners or co-occupants (similar to the interested person that has the right to sign and be inscribed on the referendum list). The designation must have been produced or will be produced, at the latest, at the time of the application.
In the case of a natural (physical) person:
- He must be of full age (18 years old), a Canadian Citizen and not under Curatorship.
In the case of a Company (personne morale):
- He must exercise his rights through one of its members, administrators or employees designated for that purpose by resolution. The said member, administrator or employee must, on April 11, 2022, be of full age (18 years old), a Canadian Citizen and not have an incapacity as per the law; and
- The said company must have produced or will produce at the same time of the application, a resolution designating the authorized person to sign the application and to be inscribed on the referendum list.
Except in the case of a person designated to represent a legal person, no one may exercise their right to sign the register in more than one capacity, pursuant to section 531 of the Act respecting elections and referendums in municipalities (CQLR, chapter E-2.2).
Further information regarding who may be considered interested persons as well as the manner in which a legal person (company) may exercise the right to sign an application, may be obtained by communicating with the Undersigned by e-mail or by telephone.
5. WHEN NO VALID APPLICATION IS RECEIVED
The provisions of the Second Draft by-law (articles 1 to 4) in respect of which no valid application is received may be included in a by-law that is not required to be submitted for the approval of the qualified voters.
6. WHEN A VALID APPLICATION IS RECEIVED
The provisions of the Second Draft by-law (articles 1 to 4), that was the object of at least one valid application received (as per the requirements stated in point 3 of this notice) may be included in a by-law that is required to be submitted for the approval of the qualified voters by way of a Register.
If the required number of signatures is not reached subsequent to the holding of a Register, the by-law will be deemed approved by the qualified voters. If the required number of signatures is reached, a referendum poll may be held.
7. CONSULTATION OF THE SECOND DRAFT BY-LAW AND OBTAINING OF DOCUMENTS
The second draft by-law may be consulted and obtained and an illustration of the concerned zone as well as the contiguous zones may be consulted, free of charge, at the municipal archives located at 5801 Cavendish Boulevard between Monday and Friday, during regular office hours, said hours being 9:00 a.m. to 4:00 p.m. or by consulting the City’s website at the following link: CoteSaintLuc.org/engage.
GIVEN IN CÔTE SAINT-LUC ON THIS 20th DAY OF APRIL 2022
Jonathan Shecter, LL.B.
For further information please contact Nathalie Beaudoin at 514-485-6800 ext. 1702 or at [email protected]