HomeMy WebLinkAbout22 090 Amendment to Comprehensive Zoning By-law 2003-25, Inverhuron Lot 31 Victoria E (Brown) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2022 – 090
A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 – 25,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR
THE MUNICIPALITY OF KINCARDINE
Matthew Brown & Austin Hayes
INVERHURON LOT 31 VICTORIA E
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 thereon from ‘Planned Development (PD)’ Zone to
‘Residential One Special (R1-br)’ Zone and ‘Residential One Special with
Holding (R1-br-H)’ Zone on those lands described as INVERHURON LOT
31 VICTORIA E (Bruce Township), Municipality of Kincardine, 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 12.3 thereof:
Notwithstanding their ‘R1’ zoning designation, those lands delineated as
‘R1-br’ and ‘R1-br-H’ on Schedule ‘A’ to this By-law shall be used in
compliance with the ‘R1’ zone provisions contained in this By-law, and
shall comply with the following regulations which shall prevail in the
event of conflict:
a. The lands fronting onto Whispering Woods shall be deemed to be
the front lot line;
b. An accessory building or structure may be erected in the exterior
side yard located no closer than 6 meter
c. The building envelope for the primary building/structure shall be
located in proximity to the geographic centre of the lot. The location
of the building envelope for the primary building/structure may take
into consideration environmental and physical constraints present on
the lot;;
Page 2 of 2
Amendment to Comprehensive Zoning By-law 2003-25,
INVERHURON LOT 31 VICTORIA E (Brown) By-law
By-law No. 2022 - 090
d. Prior to development, alteration, expansion, or additions to existing
buildings or structures, a limited service agreement shall be entered
into with the Municipality
e. Development shall be serviced with municipal water supply; and
f. On those lands identified as being subject to the ‘H’ Holding Zone
provision, development, lot grading, excavation, and/or construction
shall not be permitted unless the ‘H’ Holding Zone provision is
removed. Council may remove the ‘H’ Holding Zone provision once
the following conditions have been met:
i. An Archaeological Assessment has been approved by the
Zoning Administrator at the Municipality of Kincardine which
has been:
1. Conducted by an archaeologist licensed in the
Province of Ontario; and,
2. Confirmed by the appropriate Ministry to have been
accepted into the Ontario Public Register of
Archaeological Reports; and,
ii. The recommendations of the Archaeological Assessment (if
any) have been implemented to the satisfaction of the Zoning
Administrator.
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, INVERHURON LOT 31 VICTORIA E (Brown) By-law”.
READ a FIRST and SECOND TIME this 9th day of May, 2022.
READ a THIRD TIME and FINALLY PASSED this 9th day of May, 2022.
Mayor Clerk
Schedule 'A'
Inverhuron Lot 31 Victoria E - Roll Number: 410826000411101
Municipality of Kincardine (Township of Bruce)
File: Z-2022-023 Applicant: MATTHEW BROWN & AUSTIN HAYES Date: May, 2022
This is Schedule 'A' to the zoning by-law
amendment number ___________ passed this
________ day of _______________________
Mayor_________________________________
Clerk _________________________________
A
Ca
y
l
e
y
S
t
Vic
t
o
r
i
a
St
Whis
p
e
r
i
n
g
Wo
o
d
s
Ro
b
bie
L
n
Alb
e
r
t
R
d
¯
0 30 60
Metres
Inverhuron Provincial Park
Subject Property
Lands to be zoned R1-br - Residential One Special
Lands to be zoned R1-br-H - Residential One Special Holding
2022 - 090
9th May, 2022.