HomeMy WebLinkAbout23 026 Municipality of Kincardine Site Plan Control (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2023 – 026
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 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 the Council of the Municipality of Kincardine deems it appropriate to
repeal the current Site Plan Control By-law No. 2022-112 as amended, designating
certain lands within Municipality of Kincardine as a Site Plan Control Area; and
Whereas Bill 109, More Homes For Everyone Act, amends Section 41 of the
Planning Act R.S.O. 1990, 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 Bill 23, More Homes Built Faster Act, 2022 amends Section 41 of the
Planning Act R.S.O. 1990, c.P.13 , providing for certain development exemptions
to Site Plan Control; and
Whereas the Council of The Municipality of Kincardine enacts a Site Plan Control
By-law under Section 41 of the Panning Act R.S.O. 1990, now therefore be it
Resolved that 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.
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, Director of Community Services and Fire
Chief.
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Municipality of Kincardine Site Plan Control (2023) By-law
By-law No. 2023 - 026
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, as amended and
imposed any conditions in accordance with subsection 41(7) of the Planning
Act, as amended.
Pursuant to subsection 41(13) of the Planning Act, as amended, the following
classes of development are exempt from the requirements of subsection (4)
or (5) of the Planning Act, as amended:
a) Single detached, semi-detached and group homes, duplex, triplex and
row dwellings, secondary suites and accessory residential units (ARU),
residential developments consisting of ten (10) units or less, home based
business, Bed and Breakfast Establishments and Garden Suites, and lot
grading and drainage approvals;
b) Agricultural and farm related buildings, building additions, building
alterations or structures that are utilized in farming operations including
agricultural-commercial building additions or alterations that are not more
than 50% of the gross building area;
c) Additions to industrial, institutional or commercial operations where the
expansion or enlargement to the existing building is not more than 50% of
the gross 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;
h) Exterior designs (architectural features, material and colour) except to the
extent that it is a matter relating to exterior access to a building that will
contain affordable housing units or to any such building that the
appearance impacts matters of health, safety, accessibility, substantial
design or the protection of adjoining lands;
i) Interior renovations where the renovation does not constitute a change of
use or the change of use results in a lower hazard index or less restrictive
provisions as prescribed in the Zoning By-law;
j) The layout of interior areas, excluding interior walkways, stairs, elevators
and escalators referred to in subparagraph 2 (c) of subsection (4) of the
Planning Act R.S.O. 1990 c. P.13; and
k) The manner of construction and standards for construction. 2006, c. 23,
s. 16 (5); 2022, c. 21, Sched. 9, s. 11 (3). (Planning Act R.S.O. 1990
c.P.13.
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.
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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
d) outdoor patios, decks, raised platforms and other similar structures; or
e) tents, marquees, signs, trailers, and similar temporary structures.
7. 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.
8. 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.
9. This By-law replaces The Municipality of Kincardine Site Plan Control (2022)
By-law No. 2022-112, which is hereby repealed.
10. This By-law shall come into full force and have immediate effect upon final
passage thereof.
11. This By-law may be cited as the “Municipality of Kincardine Site Plan Control
(2023) 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