HomeMy WebLinkAbout23 137 Amendment to Zoning By-law 2003-25, Con 1 NDR Lot 11 to 12 [Stewart] By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2023 – 137
Being a By-law to Amend Zoning By-law No. 2003 – 25, Being the
Comprehensive Zoning By-law for the Municipality of Kincardine
Alex Stewart and Edna Stewart
Concession 1 North Durham Road Lot 11 To 12, Municipality of Kincardine
(geographic Township 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 No. 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 No. 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 thereon from ‘General Agriculture (A1)’ Zone and
‘Environmental Protection (EP)’ Zone to ‘General Agriculture Special (A1-
a)’ Zone, ‘General Agriculture Special with a holding (A1-a-H1)’ Zone,
‘General Agriculture (A1)’ Zone, and ‘Environmental Protection (EP)’ Zone
on those lands described as CON 1 NDR LOT 11 TO 12, Municipality of
Kincardine (geographic Township of Kincardine) [5772 Highway 9] as
outlined on the attached Schedule 'A'.
2. By-law No. 2003-25 as amended, being the Comprehensive Zoning By-law
for the Municipality of Kincardine, is hereby further amended by adding the
following subsection to Section 9.5 thereof:
7.1.2 holding ‘H1’ Zone
.1 Notwithstanding their underlying zoning designation, on those lands
identified as being subject to the “H1” Holding zone, lot grading;
excavation; and/or construction shall not be permitted unless the
Holding (H1) zone provision is removed. The area of the H1 zone
that may be lifted shall be limited to the area included in the
assessment and may only be removed by Council upon:
i. Approval by the Zoning Administrator of an Archaeological
Assessment which has been:
(a) conducted by an archaeologist licensed in the Province of
Ontario;
(b) confirmed by the appropriate Ministry to have been
accepted into the Ontario Public Register of Archaeological
Reports; and,
Page 2 of 2
Amendment to Zoning By-law 2003-25, Con 1 NDR Lot 11 To 12 [Stewart] By-law
By-law No. 2023 - 137
(c) Includes engagement with the Saugeen Ojibway Nation in
accordance with its process and standards; and,
ii. Confirmation to the satisfaction of the Zoning Administrator that
the recommendations of the archaeological report (if any) have
been implemented.
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.
4. This By-law may be cited as the “Amendment to Zoning By-law 2003-25,
Con 1 NDR Lot 11 To 12 [Stewart] By-law”.
Read a First and Second Time this 14th day of August, 2023.
Read a Third Time and Finally Passed this 14th day of August, 2023.
Mayor Clerk
Schedule 'A'
5772 HIGHWAY 9 - CON 1 NDR LOT 11 TO 12 - Roll 410821000117300
Municipality of Kincardine (Kincardine Township)
File: Z-2023-033 Applicant: Alex and Edna Stewart c/o Kevin and Joanne Stewart Date: August 2023
This is Schedule 'A' to the zoning by-law
amendment number ___________ passed this
________ day of _______________________
Mayor_________________________________
Clerk _________________________________
14
12
9
15
16
10
11
13
8
11
Hig
h
w
a
y
9
Subject Property
Lands zoned A1 - General Agriculture
Lands to be zoned A1-a - General Agriculture Special
Lands to be zoned A1-a-H1 - General Agriculture Special
Holding Lands zoned EP - Environmental Protection
¯
0 100 200
Metres
2023 - 137
14th August, 2023