HomeMy WebLinkAbout22 112 Municipality of Kincardine Site Plan Control (2022) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2022 - 112
BEING A BY-LAW TO DESIGNATE
A SITE PLAN CONTROL AREA
FOR THE MUNICIPALITY OF KINCARDINE
WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c.P.13 (“Planning Act”)
provides in part that, where in an official plan an area is shown or described as a
proposed site plan control area, the Council of the local municipality in which the
proposed area is situated may, by by-law, designate the whole or any part of such
area as a site plan control area;
AND WHEREAS the Council of The Municipality of Kincardine passed By-Law No.
2021-074, Municipality of Kincardine Site Plan Control By-law, on April 19, 2021,
designating certain lands within Municipality of Kincardine as a Site Plan Control
Area;
AND WHEREAS in the Local Official Plan for the Corporation of the Municipality of
Kincardine, the whole of the Municipality of Kincardine is shown or described as a
proposed site plan control area;
AND WHEREAS Bill 109, More Homes for Everyone Act amends Section 41 or the
Planning Act, R.S.O. 1190, c.P.13;
AND WHEREAS Council passed By-law No. 2022- 111 appointing and giving
authority to approve site plans and drawings in accordance with Section 41 of the
Planning Act to the Chief Administrative Officer;
AND WHEREAS Council of The Corporation of the Municipality of Kincardine
considers it appropriate to designate the whole of the Municipality of Kincardine as
a Site Plan Control Area, and to update the existing Site Plan Control By-law, being
By-Law 2021-074, and to delegate its powers or authority under Section 41 of the
Planning Act to certain appointed officials of the Corporation;
NOW THEREFORE The Corporation of the Municipality of Kincardine ENACTS as
follows:
1. The whole of the Municipality of Kincardine is hereby designated as a Site
Plan Control Area.
2. For the purposes of this by-law, "development" shall mean development as
defined in subsection 41(1) of the Planning Act.
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3. Site Plan Review Group (SPRG) shall consist of the Chief Administrative
Officer, Director of Infrastructure and Development, Chief Building Official/
Manager of Development Services, and Fire Chief.
4. No person shall undertake any development within a Site Plan Control Area
unless the Chief Administrative Officer or any person delegated authority to
do so by the Chief Administrative Officer has approved plans or drawings in
accordance with subsection 41(4) of the Planning Act and imposed any
conditions in accordance with subsection 41(7) of the Planning Act.
Pursuant to subsection 41(13)(a) of the Planning Act, the following classes of
development are exempt from the requirements of subsections 41(4) and (5)
of the Planning Act:
a) Single detached, semi-detached and group homes, duplex, triplex and
three unit row dwellings, secondary suites and accessory residential units
(ARU) except Home based business, Bed and Breakfast Establishments
and Garden Suites or to establish lot grading and drainage approval on
lots where such requirement do not otherwise apply through the
provisions of a subdivision or development agreement or when adjacent
to areas, which exhibit physical limitations or environmental hazards, such
as floodplains, steep slopes, etc., or identified natural environment
features; or, for special development proposals involving reduced
development standards;
b) Agricultural and farm related buildings, building additions, building
alterations or structures that are utilized in farming operations but not
including agricultural-commercial;
c) Additions to industrial operations where the expansion or enlargement to
the existing industrial building is not more than 50% of the building area;
d) Sand and gravel pits;
e) Building and structures for flood control or conservation purposes;
f) Portable classrooms on a school site of a district school board;
g) Permitted buildings or structures on lands owned by the Municipality of
Kincardine; and
h) Clauses 4 a)-g) shall not apply for development in which the Saugeen
Valley Conservation Authority requires a site plan and site plan
agreement.
5. Notwithstanding the provisions of Section 4, the Chief Administrative Officer
in consultation with the Site Plan Review Group (SPRG) may exempt projects
that are not specifically identified in Section 4 through an internal
comprehensive review.
6. Council hereby designates all of its powers and authority under Section 41 of
the Planning Act, to the Chief Building Official, with respect to the following:
a) Any accessory building or structure; or
b) Any enlargement, improvement or alteration to a legally existing building
or structure; or
c) septic systems; or
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d) tents, marquees, trailers, and similar temporary structures.
7. The Mayor and Clerk of the Corporation are hereby authorized to execute any
agreement required pursuant to this by-law.
8. No building permit shall be issued for any development subject to this by-law
until site plan approval has been obtained and, if imposed as a condition of
approval, an agreement has been executed in accordance with Clause 7 of
this by-law.
9. Every person who uses any lot or erects or uses any building or structure or
any part of any lot, building or structure in a manner contrary to any
requirements of this by-law, or who causes or permits such use or erection, or
who violates any provisions of this by-law or permits such a violation, shall be
guilty of an offence, and upon conviction thereof, shall forfeit and pay a penalty
pursuant to Section 67 of the Planning Act.
10. This by-law replaces The Municipality of Kincardine Site Plan Control By-Law
No. 2021 - 074 which is hereby repealed.
11. This by-law shall come into full force and have immediate effect upon final
passage thereof.
12. This by-law may be cited as the “Municipality of Kincardine Site Plan Control
(2022) By-Law”.
READ a FIRST and SECOND TIME this 20th day of June, 2022.
READ a THIRD TIME and FINALLY PASSED this 20th day of June, 2022.
Mayor Clerk