HomeMy WebLinkAbout23 021 Amendment to Comprehensive Zoning By-law 2003-25, 5740 Highway 9 (Lowry) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2023 – 021
Being A By-law to Amend Zoning By-law No. 2003-25, Being The Comprehensive
Zoning By-law For The Municipality Of Kincardine
Brock Lowry and Christine Lowry
5740 Highway 9 (Kincardine Township), 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 be it
Resolved that 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 ‘General Agriculture (A1)’ Zone and
‘Environmental Protection (EP)’ Zone on the retained Farm Lot to ‘General
Agriculture Special Holding (A1-hl-H)’ Zone, ‘General Agriculture Special
(A1-hl)’ Zone and ‘Environmental Protection (EP)’ Zone on those lands
described as CON 1 NDR LOT 13 (Kincardine Township) as outlined on the
attached Schedule ‘A’.
2. By-law No. 2003 - 25 as amended, is hereby further amended by adding
the following subsection to Section 9.5 thereof:
Notwithstanding their ‘A1’ zoning designation, on those lands zoned ‘A1-hl’
and ‘A1-hl-H’ on Schedule ‘A’ to this By-law may be used for ‘Farm Lot’
purposes in compliance with the ‘A1’ zone provisions contained in this By-
law, excepting however, that:
a. The Farm Lot shall have a minimum lot area of 19.4 hectares.
b. Construction of any new residential buildings or structures shall be
prohibited.
c. The H-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.
Page 2 of 2
Amendment to Comprehensive Zoning By-law 2003-25, 5740 HIGHWAY 9
(Lowry) By-law
By-law No. 2023 - 021
3.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, as amended.
4.This By-law may be cited as the “Amendment to Comprehensive Zoning
By-law 2003-25, 5740 Highway 9 (Lowry) By-law”.
Read a First and Second Time this 13th day of February, 2023.
Read a Third Time and Finally Passed this 13th day of February, 2023.
Mayor Deputy Clerk
Schedule 'A'
5740 HIGHWAY 9 - CONCESSION 1 NDR LOT 13 - Roll Number 410821000117400
Municipality of Kincardine (Kincardine Township)
File: Z-2022-108 Applicant: Brock and Christine Lowry Date: February 2023
This is Schedule 'A' to the zoning by-law
amendment number ___________ passed this
________ day of _______________________
Mayor_________________________________
Clerk _________________________________
14
17
13
12
9
15
16
10
11
13
12
11
Hig
h
w
a
y
9
¯
0 100 200
Metres
$
$
$
$12
2
m
67
m
Subject Property
Lands to be zoned A1-hl - General Agriculture Special
Lands to be zoned A1-hl-H General Agriculture Special Holding
Lands zoned A1 - General Agriculture
Lands zoned EP – Environmental Protection
2023 - 021
13th February, 2023.