PUBLIC NOTICE: REGISTRATION PROCEDURE BY-LAW 526.16

To interested persons entitled to sign an application to take part in a referendum

PUBLIC NOTICE is hereby given by the undersigned, Interim Town Clerk of the Town of Hudson, of the following: 

Following the public consultation meeting held on September 19, 2023, pertaining to the first draft of By-Law 526.16, Council adopted, at its regular meeting held on October 2nd, 2023, the second draft by-law entitled “By-law 526.16 amending zoning by-law 526 to allow fireplaces in the front yard for commercial establishments”.

The purpose of this second draft by-law is to authorize fireplaces in the front yard of commercial establishments.

This second draft contains provisions which may cause interested persons to request that the by-law containing such a provision be submitted for their approval in accordance with the Act respecting elections and referendums in municipalities.

Section 1 (Section 506):

Paragraph a) of Section 506 is amended to  add subparagraph 10 as follows:

 “Fireplaces and patio heaters are permitted for businesses located in the commercial zone. Wood fireplaces must be located at least two (2) meters from the property lines and from any building and must be equipped with a fireguard. Gas fireplaces and patio heaters must be located at least one (1) meter from the property lines.”

A request concerning this by-law may originate from the following concerned zones: C-8, C-27 et C-72 and from contiguous zones: R-7, R-10, R-15, P-20, R-24, REC-26, R-28, R-33, R-35, P-54, P-57, P-58, R-59, R-60, R-61, R-62, R-63, P-67 and R-69.

A sketch of the concerned zones and the contiguous zones to the said zone is attached to this notice. A large sketch of the zones is also available for consultation at Town Hall.

In order to be valid, an application must:

1. 1. Clearly indicate the provision that is referred to;
   2. State the zone from which it originates;
   3. Mention the zone to which it refers;
   4. Be received at Town Hall no later than October 23, 2023 at 4:30 p.m..: and
   5. Be signed by at least twelve (12) interested persons in the zone from which it originates or by a majority if the number of interested persons in the zone does not exceed 21.

A form for this purpose is available on the Town’s website or at Town Hall.

An interested person is defined as:

1. 1. Any person not disqualified from voting and who meets the following conditions: 
      • is domiciled in a zone from which the application originates; 
      • has been domiciled for at least six (6) months in Quebec
   2. Any sole owner of an immovable or sole occupant of a business establishment, not disqualified from voting and who meets the following conditions:
      • has been for at least twelve (12) months, owner of an immovable or occupant of a business establishment situated in the zone from which an application may originate;
      • having filed, or file at the same time as the application, a written document signed by the owner or the occupant requesting that his or her name be entered on the referendum list, as the case may be.
   3. Any undivided co-owner of an immovable or co-occupant of a business establishment not disqualified from voting and who meets the following conditions:
      • has been for at least twelve (12) months, undivided co-owner of an immovable or co-occupant of a business establishment situated in the zone from which an application may originate;
      • be designated, by means of a power of attorney signed by the majority of persons who have been co­ owners or co-occupants for at least twelve (12) months, as being the one having the right to sign the application in their name and be entered on the referendum list, as the case may be. The power of attorney must have been filed or must be filed with the application.

In the case of a natural person, he or she must be of full age and a Canadian citizen and must not be under curatorship.

In the case of a legal person, one must:

1. 1. Designate by resolution one of its members, directors or employees who is of full age, a Canadian citizen, not under curatorship, nor disqualified from voting under the law;
   2. Having filed or file the resolution with the application, designating the person authorized to sign the application and to be entered on the referendum list, as the case may be.

Except in the case of a person designated to represent a legal person, a person shall have his or her name entered on the list in only one capacity, as per section 531 of an Act respecting elections and referendums in municipalities.

The provision in the second draft by-law to which no valid application is received may be included in a by-law that is not required to be submitted to the approval of qualified voters.

The second draft of By-Law 526.16 may be consulted at Town Hall, at 481 Main, Hudson, during working hours from 8:00 a.m. to 12:00 p.m., from Monday to Friday and from 1:00 p.m. to 4:30 p.m. from Monday to Thursday.

GIVEN at Hudson
On October 12, 2023

Susan McKercher
Interim Town Clerk