HomeMy WebLinkAbout22 159 Amendment to Comprehensive Zoning By-law 2003-25, Concession 2 Road [Flynn Farms (Clinton) Ltd.] By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2022 – 159
A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 – 25,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR
THE MUNICIPALITY OF KINCARDINE
Flynn Farms (Clinton) Ltd.
CON 2 PT LOT 25, Municipality of Kincardine
WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chapter 13 authorizes
the Councils of Municipalities to enact and amend zoning by-laws which comply
with an approved official plan;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
has enacted By-law 2003- 25, a zoning by-law enacted under Section 34 of the
said Planning Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
desires to amend By-law 2003-25;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. Schedule 'A' to By-law No. 2003-25 as amended, is hereby further
amended by changing the zoning on the severed lands from ‘General
Agriculture (A1)’ Zone and ‘Environmental Protection (EP)’ Zone to
‘General Agriculture Special Holding (A1-hf-H)’ Zone on those lands
described as CON 2 PT LOT 25, Kincardine (Bruce Township) as outlined
on the attached Schedule ‘A’.
2. Schedule 'A' to By-law No. 2003-25 as amended, is hereby further
amended by changing the zoning on the retained farmland from ‘General
Agriculture (A1)’ Zone and ‘Environmental Protection (EP)’ Zone to
‘General Agriculture Special Holding (A1-hg-H)’ Zone, ‘General Agriculture
Special' (A1-hg)’ Zone, and ‘Environmental Protection (EP)’ Zone on those
lands described as CON 2 PT LOT 25, Kincardine (Bruce Township) as
outlined on the attached Schedule ‘A’
3. On those lands zoned ‘General Agriculture Special Holding (A1-hf-H)’, the
following applies:
a. Notwithstanding the provisions of Section 9.2 Zone Provisions Non-
Farm Lot, the minimum lot frontage shall be 8 m and the minimum
rear yard setback of the bank barn shall be 5 m.
b. The Holding provision shall be removed at such time as:
i. An archaeological assessment has been undertaken or a
qualified archaeologist has determined that an assessment is
not required.
ii. All recommendations of the licensed archaeologist have been
carried out.
4. On lands zoned ‘General Agriculture Special Holding (A1-hg-H)’and
‘General Agriculture Special (A1-hg)’, the following applies:
a. Construction of any new residential buildings / structures shall be
prohibited.
b. The Holding provision shall be removed at such time as:
i. An archaeological assessment has been undertaken or a
qualified archaeologist has determined that as assessment is
not required.
ii. All recommendations of the licensed archaeologist have been
carried out.
5. This By-law takes effect from the date of passage by Council and comes
into force and effect pursuant to the provisions of the Planning Act, R.S.O.
1990.
6. This By-law may be cited as the “Amendment to Comprehensive Zoning
By-law 2003-25, Concession 2 Road [Flynn Farms (Clinton) Ltd.] By-law”.
READ a FIRST and SECOND TIME this 12th day of October, 2022.
READ a THIRD TIME and FINALLY PASSED this 12th day of October, 2022
Mayor Clerk
Schedule 'A'
419 CONCESSION 2 - Concession 2 Part Lot 25 - Roll 410826000110600
Municipality of Kincardine (geographic Township of Bruce)
File: Z-2022-036 Applicant: Flynn Farms (Clinton) Ltd.Date: October, 2022
This is Schedule 'A' to the zoning by-law
amendment number ___________ passed this
________ day of _______________________
Mayor_________________________________
Clerk _________________________________
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Subject Property
Lands to be zoned A1-hf-H - General Agriculture Special Holding
Lands to be zoned A1-hg General Agriculture Special
Lands to be zoned A1-hg-H General Agriculture Special Holding
Lands zoned EP - Environmental Protection
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12th October, 2022
2022-159