HomeMy WebLinkAbout06 089 Adopt Official Plan
e
e
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
NO. 2006 - 089
BEING A BY-LAW TO ADOPT AN OFFICIAL PLAN FOR THE
MUNICIPALITY OF KINCARDINE
WHEREAS Section 17 (22) of the Planning Act, R.S.O. 1990, c. P,13, as
amended, authorizes the Council of a municipality to, by by-law, adopt all or part
of the plan, and unless the plan is exempt from approval, submit it for approval;
municipalities to pass by-laws to establish a highway;
AND WHEREAS The Council of the Corporation of the Municipality of Kincardine
desires to adopt an Official Plan for the Municipality of Kincardine;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1, That the Official Plan for the Municipality of Kincardine attached as
Schedule "A" to this by-law is hereby adopted,
2, That the Clerk is hereby authorized and directed to make application to
the County of Bruce for approval of the aforementioned Official Plan for
the Municipality of Kincardine.
3, That, upon approval of this Official Plan, the current Official Plan for the
Municipality of Kincardine as enacted by By-law No. 1987-20 (former
Town of Kincardine) passed on the 5th day of March, 1987 is hereby
repealed ,
4. That this by-law shall come into full force and effect upon its final passage,
5,
This by-law may be cited as the "2006 Official Plan By-law".
READ a FIRST and SECOND TIME this 10th day of May, 2006.
.JJ.L-...If. A
Mayor
~~erk
READ a THIRD TIME and FINALLY PASSED this 7th of Jnn!!l 2006,
~J.~
Mayor
?I l8 A�N to �&w
No. -passed ft � -"'- day
is
9
great energy.
balanced fife.
I�NCARr)INL
OFFICIAL PLAN
OF THE
MUNICIPALITY OF KINCARDINE
MERIDIAN
PLANNING CONSULTANTS INC.
March 23, 2006
Adopted June 7, 2006
TABLE OF CONTENTS
SECTION "A" INTRODUCTION AND PURPOSE..................................................................... 1
AlINTRODUCTION........................................................................................................ 1
AL I Title................................................................................................................... 1
A1.2 Components...................................................................................................... 1
A1.3 Background....................................................................................................... 1
A1.4 Scope of The Plan............................................................................................. 2
A1.5 Interpretation..................................................................................................... 2
A1.6 Upper Tier Plans............................................................................................... 2
A2PURPOSE OF THE PLAN........................................................................................... 3
SECTION"B" BASIS OF THE PLAN.......................................................................................... 4
B1BASIS OF THE PLAN................................................................................................. 4
SECTION "C" GENERAL DEVELOPMENT POLICIES............................................................ 7
• Cl GENERAL LAND USE............................................................................................... 7
C1.1 Goal................................................................................................................... 7
C1.2 Objectives......................................................................................................... 7
C1.3 Policies..............................................................................................................
7
C2ENVIRONMENT
.........................................................................................................
8
C2.1 Goal...................................................................................................................
8
C2.2 Objectives.........................................................................................................
8
C2.3 Policies..............................................................................................................9
C3HERITAGE
CONSERVATION................................................................................
11
C3.1 Goal.................................................................................................................
11
C3.2 Objectives.......................................................................................................
11
C3.3 Policies............................................................................................................11
C4ENERGY
....................................................................................................................
13
C4.1 Goal.................................................................................................................
13
C4.2 Objectives.......................................................................................................
13
C4.3 Policies............................................................................................................
13
C5ECONOMY
................................................................................................................
14
C5.1 Goal.................................................................................................................
14
C5.2 Objectives.............................................................
14
C5.3 Policies............................................................................................................14
C6TOURISM
...................................................................................................................16
C6.1 Goal.................................................................................................................
16
C6.2 Objectives.......................................................................................................
16
C6.3 Policies............................................................................................................16
C7
COMMUNITY IMPROVEMENTS...........................................................................
17
C7.1 Goals...............................................................................................................
17
C7.2 Objectives ....................
.....................................
C7.3 Criteria For The Selection of Community Improvement Areas
.....................
C7.4 Delineation of Community Improvement Areas
19
.............................................
C7.5 Phasing of Improvements...............................................................................
20
C7.6 Implementation
20
C8
.................. .•
ELECTRIC POWER FACILITIES
20
C9
................
.....................•............................. .
...........................
WELLHEAD PROTECTION AREAS ..........
21
CIOWIND
ENERGY
C 11
...........................................
.............................................................
EMERGENCY PLANNING
22
......................................................................................
22
SECTION "D" DETAILED LAND USE POLICIES
D1RESIDENTIAL
.................................................................. 23
D 1.1
...........................................................................................................23
Goal ...............
D1.2
............................................................... 23
Objectives
DI-3
....................................................................................................... 23
Permitted Uses
................................................................................................ 24DIA General Policies ...................................................................
D 1.5
24
Medium and High Density Housing...............................................................
D1.6
31
Group Homes..............................................................................
D2
COMMERCIAL •••••••••••••••••••• 33
2.1
.................................................................. ....... 35
...............................
Goal
D2.2
........................................................................ .........................................35 •
Objectives
D2.3
....................................................................................................... 35
Permitted Uses
4
........................................................................... 35
.....................
General Policies
D2.5
..................................... ......................................................... 37
General Commercial Policies
D2.6
......................................................................... 38
Highway Commercial Policies
D2.7
....................................................................... 41
Local Commercial Policies
D2.8
............................................................................. 41
Resort Commercial Policies
D3INDUSTRIAL
............................................................................ 42
D3.1
............................................................................................................. 43
Goal.................................................................................................................43
D3.2
Objectives .............................................
D3.3
.......................................................... 43
Permitted Uses
D3.4
................................................................................................ 43
Policies.................................
D4BUSINESS
....................................... ....................................44
PARK......................................................................................................
D4.1
46
Permitted Uses................................................................................................
D4.2
46
Policies .........................
D5
..............................................
INSTITUTIONAL 7
D5.1
49
Goal.................................................................................................................49
D5.2
Objectives
5.3
.................................................................... .................................. 49
Permitted Uses
D5.4
................................................................................................ 49
Policies............................................................................................................49
D6
OPEN
SPACE............................................................................................
D6.1
Goal.................................................................................................................
D6.2
51
Objectives.......................................................................................................
D6.3
51
Permitted Uses
D6.4
................................................................................................ 51
Policies............................................................................................................52
D7 NATURAL ENVIRONMENT AREAS.....................................................................
55
D7.1
Goal.................................................................................................................55
D7.2
Objectives
.55
D7.3
General Principles...........................................................................................
55
D7.4
Permitted Uses................................................................................................
57
D7.5
Policies............................................................................................................57
D7.6
Environmental Impact Study..........................................................................
60
D7.7
Adjacent Lands...............................................................................................
61
D7.8
Natural Environment Exception -
Kincardine Harbour ..................................
61
D7.9
Development Constraint Areas.......................................................................
62
D8SHORELINE.............................................................................................................
64
D8.1
Goal.................................................................................................................64
D8.2
Objectives.......................................................................................................
64
D8.3
Permitted Uses................................................................................................
65
D8.4
General Development Policies........................................................................
65
D8.5
Shoreline Residential Uses.............................................................................
66
D8.6
Shoreline Commercial Uses............................................................................
70
SECTION"E" MUNICIPAL SERVICES.................................................................................... 74
ElGOAL......................................................................................................................... 74
• E2 OBJECTIVES............................................................................................................. 74
E3POLICIES................................................................................................................... 74
SECTION " F" TRANSPORTATION.........................................................
F1
GOAL........................................................................................
F2OBJECTIVES
............................................................................
F3CLASSIFICATION
...................................................................
F3.1 Provincial Highways .....................................................
F3.2 Arterial..........................................................................
F3.3 Collector........................................................................
F3.4 Local.............................................................................
F3.5 Land Acquisition...........................................................
F4POLICIES
.................................................................................
F4.1 General..........................................................................
F4.2 Roads.............................................................................
F4.3 Pedestrian ......................................................................
.............................. 79
.............................. 79
.............................. 79
.............................. 80
.............................. 80
.............................. 80
.............................. 80
.............................. 80
.............................. 81
............................... 81
............................... 81
............................... 81
............................... 82
SECTION " G" LAND DIVISION POLICIES.............................................................................
83
• G1 PURPOSE...................................................................................................................83
POLICIES
. 83
G2 .
SECTION"H" IMPLEMENTATION..........................................................................................
86
H1ZONING BY-LAW....................................................................................................
H2MINOR VARIANCES...............................................................................................
86
86
H3NON -CONFORMING USES.....................................................................................
87
H4STATUS ZONING.....................................................................................................
88
H5 PROPERTY MAINTENANCE AND OCCUPANCY STANDARDS BY-LAW .... 89
H6SITE PLAN CONTROL............................................................................................. 89
H7 HERITAGE CONSERVATION DISTRICTS........................................................... 91
H8PUBLIC WORKS....................................................................................................... 92
H9 COMMUNITY IMPROVEMENTS........................................................................... 92
H10 AMENDMENT AND REVIEW OF THE PLAN ...................................................... 92
H10.1 Amendment And Review................................................................................ 92
H11SIGN CONTROL...................................................................................................... 92
H12 HOLDING PROVISIONS.......................................................................................... 93
H12.3 Residential.......................................................................................................93
H12.4 Commercial..................................................................................................... 94
H12.5 Industrial......................................................................................................... 95
H12.6 Development Constraint Area......................................................................... 95
SCHEDULES
"A" LAND USE PLAN — Kincardine Settlement Area
"B" LAND USE PLAN — Tiverton Settlement Area
"C" LAND USE PLAN — Lakeshore Area
Macintosh HD:CURRENT WORK-(JRW):2753 Kincardine OP:2753 OP-Mar6-06Trk .doc
•
•
SECTION "A"
INTRODUCTION AND PURPOSE
Al INTRODUCTION
A1.1 TITLE
This Plan shall be known as:
"THE OFFICIAL PLAN OF THE MUNICIPALITY OF KINCARDINE"
A1.2 COMPONENTS
The following text, consisting of Sections "A" through "H", together with the
attached Schedule "A", "B" and "C", shall form the Official Plan of the
Municipality of Kincardine. Background information from which the policies of
the Plan were derived is attached as an Appendix. This Appendix is included for
information purposes only and is not part of the Plan.
• A1.3 BACKGROUND
This Plan is the first Official Plan that covers the entire Municipality of
Kincardine which includes four former Municipalities and comprises
approximately 578 square kilometres of land. This Plan replaces the previous
Official Plan for the Town of Kincardine which was adopted by Council in 1987
as well as the Tiverton Secondary Plan and the Kincardine Township Lakeshore
Secondary Plan. It also provides local planning policies for the Community of
Inverhuron and the Bruce ECO-Industrial Park. Lands outside of these specific
areas continue to be subject to the County of Bruce Official Plan. The previous
Official Plan for the Town of Kincardine covered only the Kincardine Urban
Area.
This Plan has been developed following the preparation of discussion papers and
a series of public workshop sessions. The Plan also implements the Bruce County
Official Plan and is consistent with the Provincial Policy Statement.
The consolidation of this information and input has resulted in the following
model for the future development of the Municipality:
• A coordinated, integrated and comprehensive approach will be encouraged
by the Municipality when dealing with planning matters.
• New development will preserve the quality of life and the quality of the
environment.
Official Plan March 23, 2006
Municipality of Kincardine 1
• Economic opportunities will be encouraged and enhanced throughout the
Municipality.
The Official Plan shall serve as the basis for managing change in the Municipality
to the year 2026. The goals, objectives and policies contained in this Plan are
intended to guide the decisions of public authorities and private interests in order
to maintain the liveable and attractive community within the Municipality.
All public work shall be in conformity with this Official Plan. In addition policies
in the Bruce County Official Plan and the Provincial Policy Statement as well as
provisions of the Planning Act may affect future development.
A1.4 SCOPE OF THE PLAN
This Official Plan will apply to the entire area within the boundaries of the
Municipality of Kincardine, as identified on Schedules A, B, and C of this Plan.
A1.5 INTERPRETATION
The boundaries between land uses designated on Schedules A, B and C are
approximate except where they coincide with major roads, railway lines, rivers,
transmission lines or other clearly defined physical features. Where the general
intent of the Plan is maintained, minor adjustments to the boundaries will not
require an amendment to this Plan.
All numerical figures in the Plan should not be interpreted as absolute and rigid.
Minor variations from them will be tolerated providing the intent of the Plan is
maintained. An exception, however, is the extent of road widening that may be
acquired through site plan control, specified in Section H6.1, which may not be
exceeded.
A1.6 UPPER TIER PLANS
This Plan is intended to conform with the Official Plan for the County of Bruce
and to be consistent with the Provincial Policy Statement. In the event of conflict
between these documents it is intended that the upper tier plans shall prevail.
However, this Plan may be more restrictive than the upper tier Plans, in which
case the more restrictive provisions of this Plan shall prevail.
Official Plan March 23, 2006
Municipality of Kincardine 2
A2 PURPOSE OF THE PLAN
. The Official Plan provides a structural framework for future growth and
development in the Municipality of Kincardine to the year 2026. In accordance
with the Planning Act, this Plan will be reviewed every five years to determine if
it continues to represent appropriate guidelines for the future development of the
Municipality.
The purpose of this Official Plan is as follows:
A2.1 To provide policies to guide future development within the Municipality of
Kincardine, encourage an on -going programme for this development and guide
the Municipality towards the fulfilment of the goals and objectives of this Plan.
A2.2 The Official Plan is one of a series of policies, guidelines and regulations that
direct the actions of the Municipality and shapes growth and development. The
goals, actions and policies contained in the Official Plan are intended to assist
Council and its committees, municipal staff, developers, government agencies and
the public in making decisions which maintain and strengthen the economic,
• environmental and social fabric of the Municipality. The policies in this Plan are
intended to encourage a coordinated, integrated and comprehensive approach
when dealing with planning matters.
•
The Planning Act provides that all Municipal By -Laws and public works
undertaken must be in conformity with the Official Plan.
A2.3 To provide a consistent policy framework to guide the private sector in making
decisions concerning future development and investment within the Municipality
of Kincardine.
Official Plan March 23, 2006
Municipality of Kincardine 3
SECTION "B"
BASIS OF THE PLAN
BI BASIS OF THE PLAN
The Municipality of Kincardine was formed by the amalgamation of the three
former municipalities of the Town of Kincardine, the Township of Kincardine and
the Township of Bruce. As a result of government restructuring in 1999 the three
municipalities were amalgamated to form the Municipality of Kincardine.
The amalgamated Municipality comprises approximately 578 square kilometres
of land and as of 2005 had approximately 12,000 residents. This Official Plan
governs the Municipality of Kincardine. Developed areas and future development
areas of the rural and agricultural areas not covered by this Plan continue to be
governed by the County of Bruce Official Plan.
The policies set out in this Official Plan have been determined following a
process of background review and public consultation. The following facts are
included in the Plan to explain the reasoning behind the policies contained in the •
Plan.
B 1.1 It shall be the intent of the Official Plan to provide policies to guide development
in the Municipality of Kincardine to the year 2026. It is intended that a formal
review of the policies shall be undertaken if necessitated by a major shift in
circumstances which invalidates the basic assumptions upon which this Plan is
based. There should also be a formal review of these policies at least every five
years.
B 1.2 Within the Municipality it is intended that an adequate supply of land will be
provided for an appropriate mix and range of employment to meet long term
needs, including a range and choice of suitable sites for employment uses which
support a wide range of economic activities and ancillary uses, and which take
into account the needs of existing and future businesses. Within designated
employment lands opportunities for infilling and intensification will be promoted.
It is the intent to promote the continued development of a strong tourist industry.
B1.3 The projected population of the Municipality in the year 2026 is between 14376
to 14713. This growth represents approximately 2316 to 2713 new residents over
the 22 year period from 2004 to 2026.
B 1.4 The following are estimates of distribution of new residents throughout the
Municipality by the year 2026:
Official Plan March 23, 2006
Municipality of Kincardine 4
E
AREA
PERCENTAGE
OF
POPULATION
# OF PEOPLE
Low
High
Kincardine Urban Area
85%
1967
2306
Tiverton Urban Area
5%
L 115
135
Inverhuron/shoreline
10%
232
271
TOTAL
100%
2314
2712
B 1.5 Growth in the communities of Tiverton and Inverhuron is contingent on the
construction of extensions to the existing sanitary sewer collection system and
water supply.
B1.6 The Kincardine Urban Area is constrained to the west by Lake Huron, the
Municipal boundary to the south and to a certain extent by Highway 21 to the
west. Expansion of the community will occur most logically to the north.
B 1.7 The Official Plan will provide land for residential, commercial and industrial
growth, thereby encouraging a diverse economic base for Kincardine.
B1.8 The Central Business District will continue to play a major role in the retail,
office and institutional fabric of the community and will be the main focus of
commercial activity in the Municipality.
B 1.9 The Municipality will plan for sewage and water services and shall direct and
accommodate expected growth in a manner that promotes the efficient use of
existing municipal sewage and water services. These systems are provided in a
manner that can be sustained by the water resources upon which such services
rely, is financially viable and complies with all regulatory requirements and
protects human health and the natural environment.
B 1.10 The qualities that make the Municipality a desirable place to live and a tourist
destination are created largely by the recreational attributes associated with Lake
Huron, and the historical and cultural character of the Kincardine and Tiverton
Urban Areas.
B 1.11 The economy of the Municipality is dominated by the Bruce Nuclear Power
Development (BNPD), one of the world's largest independent power generating
facilities.
B1.12 Agriculture, tourism and retail also continue to play an important role in the
economy of the Municipality as well as contributing to the character of the area.
B1.13 The Kincardine airport is important to future growth and accessibility of the area
and shall be protected.
Official Plan March 23, 2006
Municipality of Kincardine 5
B1.14 This Plan recognizes "Municipality of Kincardine Waterfront Development Plan"
and the "Strategic Plan (2004) for the Municipality of Kincardine" as two .
important reference documents. These documents provide a direction and focus
for the community and assist in achieving the various goals and objectives of this
Plan.
r:
Official Plan March 23, 2006
Municipality of Kincardine 6
SECTION "C"
• GENERAL DEVELOPMENT POLICIES
C1 GENERAL LAND USE
This section establishes general policies relating to the various land use categories
designated on Schedules A, B and C.
CIA GOAL
Development in the Municipality of Kincardine will occur in an orderly fashion,
which provides the best possible quality of life for its residents.
C1.2 OBJECTIVES
C1.2.1 Land use within the Municipality shall occur as far as possible in a manner which
ensures that different land uses are compatible with one another, or that
safeguards are provided to prevent adverse affects of one land use upon another.
• C1.2.2 Land use in the Municipality will be guided by the policies of this Plan, which
will be implemented by means of the Zoning By -Law.
C1.3 POLICIES
C1.3.1 In any case where the uses permitted by the Zoning By-law conflict with the
intended uses indicated by this Plan, it is intended that an amendment to the
Zoning By -Law shall only be made in conformity with this Plan.
C1.3.2 Buffers will be provided between different land uses to ensure that adverse affects
of adjacent land uses on each other are minimized.
C1.3.3 An appropriate range of housing types and densities to meet projected
requirements of current and future residents shall be encouraged. Densities for
new housing which efficiently use land, resources, infrastructure and public
service facilities and support the use of alternative transportation modes will be
encouraged.
• C1.3.4 The orderly development of the Municipality, in accordance with the designations
of this Plan, shall be encouraged. No public work shall be undertaken and no By -
Law shall be passed for any purpose which does not comply with the provisions
of this Plan.
C1.3.5 Brine extraction is known to have occurred adjacent to the Lake Huron Shoreline
within the area bounded on the south by Albert Street, on the east by Queen Street
and on the north by Lambton Street. In this area, before any Building Permits are
Official Plan March 23, 2006
Municipality of Kincardine 7
issued or development agreements approved, the Municipality shall, in
consultation with the Ministry of Natural Resources, ensure that the developer has
reviewed all available information and identified any known abandoned oil, gas or
brine wells, and that any necessary corrective measures to eliminate any hazard
will be taken. In addition, Council will advise applicants that should old brining
wells or flow of water, especially salt water, be encountered during the course of
construction, the Petroleum Resources Section, Southwest Region, Ministry of
Natural Resources, should be contacted.
C2 ENVIRONMENT
C2.1 GOAL
C2.1.1 The quality of the natural environment of the Municipality of Kincardine shall be
preserved and enhanced.
C2.1.2 Development shall be directed away from areas of natural or human made hazards
where there is an unacceptable risk to public health, safety or of property risk.
C2.2 OBJECTIVES
C2.2.1 The use and protection of natural features such as the Penetangore River Valleys
and the Lake Huron shoreline shall be promoted in order to enhance the urban
environment.
C2.2.2 The Plan shall provide policies and guidelines for the protection of natural
heritage, water, agricultural, mineral and cultural heritage and archaeological
resources for their economic, environmental and social benefits.
C2.2.3 The diversity and connectivity of natural features in an area, and the long-term
ecological function and biodiversity of natural heritage systems, should be
maintained, restored, or, where possible, improved, recognizing linkages between
and among natural heritage features and areas, surface water features and ground
water features.
C2.2.4 There is an absence of mapping showing the various components of the natural
features. As such, this Plan will rely on Natural Environmental designation
mapping, ANSI mapping and Wetland mapping to achieve much of the
Municipality's environmental goals and objectives. .
Therefore, new development proposed in or adjacent to these areas must also
address all of the applicable natural environment features.
Official Plan March 23, 2006
Municipality of Kincardine 8
As mapping becomes available or future studies identify these natural areas, they
• will add to the Schedules of this Official Plan by amendment to the Plan. The
Municipality agrees to encourage the completion of these studies to determine the
boundaries of these natural environment areas.
C2.3 POLICIES
C2.3.1 Development and site alteration shall not be permitted in significant habitat of
endangered species and threatened species, significant wetlands and significant
coastal wetlands.
C2.3.2 Development and site alteration shall not be permitted in significant woodlands,
significant valleylands, significant wildlife habitat and significant areas of natural
and scientific interest.
C2.3.3 Development shall be directed away from areas of natural or human -made
hazards where there is an unacceptable risk to public health or safety or of
property damage.
• No new development with the exception of open space uses, shall be permitted on
former landfill sites. Where such sites are presently developed for other than open
space uses, the site and adjoining properties shall be monitored for potential
methane gas accumulation. Existing landfill facilities shall be protected from
incompatible land uses.
C2.3.4 All development proposals within or adjacent to natural heritage features
identified in Section C2.3.2 shall show existing natural heritage features, and
indicate, how they will be retained during development. The Municipality may
also utilize Section 41 of The Planning Act, to control development and ensure
that adequate measures are taken to protect a site's natural features.
C2.3.5 The Penetangore River Valleys and Lake Huron shoreline shall be utilized to form
a comprehensive parks system and be protected as natural environment. In
addition to providing recreational opportunities for the residents of the
Municipality, these natural features also provide a basis for Tourism activity
within the Municipality.
Development and site alteration shall not be permitted on adjacent lands to the
natural heritage features and areas identified unless the ecological function of the
adjacent lands has been evaluated and it has been demonstrated that there will be
no negative impacts on the natural features or on their ecological functions.
Official Plan March 23, 2006
Municipality of Kincardine 9
C2.3.6 Development and site alternation shall not be permitted in fish habitat except in
accordance with provincial and federal requirements. It is the intent of the •
Municipality to promote the wise management of the fishery resource and to
participate in efforts aimed at ensuring the long term economic, tourism and
recreational benefits to the area that the fishery resource provides.
In considering new development proposals that may affect fish habitat, the
Municipality shall require the submission of an analysis that the development will
have on fish habitat, with such analysis including remedial measures to be
undertaken in regard to fish habitat protection or improvement. Prior to
development proceeding, the Municipality shall circulate the report to the
appropriate government bodies for analysis, which shall include the Saugeen
Valley Conservation Authority.
Prior to undertaking any public works adjacent to watercourses, the Municipality
shall consult with the Saugeen Valley Conservation Authority to determine what
design requirements, if any, are necessary to eliminate adverse impacts on the
fishery habitat, including water quality requirements.
Council shall encourage and support local groups and organizations, as well as the
provincial government and other agencies in their efforts to maintain or improve .
the quality of fishery habitat within the Municipality in accordance with relevant
fish management legislation.
In addition, Council will encourage the naturalization of stream valleys and
shoreline areas to improve water quality throughout the Municipality.
C2.3.7 In order to control flooding, ponding, erosion and sedimentation, and to protect as
much as possible aquatic habitat and water quality, appropriate stormwater
management techniques shall be required for new development. Stormwater
management plans, or similar types of plans, shall be provided to Council and
reviewed in conjunction with the Saugeen Valley Conservation Authority, or
other appropriate provincial ministries.
Stormwater management plans may be required for any development as
determined by Council in consultation with the SVGA, if runoff from the location
could potentially affect adjacent lands or water quality.
Stormwater management plans shall be required for all development consisting of
more than five new residential lots or for commercial or industrial developments
with large amounts of impervious area.
Developments shall be designed to use the prevailing and accepted stormwater
management practices at the time.
Official Plan March 23, 2006
Municipality of Kincardine 10
• C2.3.8 The Municipality acknowledges the need to identify the significant woodlands
and those portions of the woodlands that need to be protected from negative
impacts that may be associated with multi -lot development. The Municipality
will strive to have completed a Regional Woodlands study for the Huron Fringe
area of the Municipality and within the Local Official Plan area.
C3 HERITAGE CONSERVATION
C3.1 GOAL
The conservation and preservation of buildings, areas and landscapes of historic
or architectural significance, including archaeological sites shall be encouraged.
C3.2 OBJECTIVES
C3.2.1 Buildings and sites in the Municipality which are of particular historic or aesthetic
value will be protected through the co-operation of Council and the Local
Architectural Conservation Advisory Committee (LACAC), Heritage Kincardine.
C3.2.2 Sites in Kincardine of archaeological significance will be protected and conserved
through the cooperation of Council and the Ministry of Citizenship, Culture and
Recreation. Council will therefore facilitate survey by Government or private
agencies should those agencies deem it necessary, and will encourage the
preservation or rescue excavation of archaeological resources which may be
entailed in any future development.
Significant built cultural heritage resources and significant heritage landscapes
shall be conserved.
C3.3 POLICIES
C3.3.1 It shall be a policy of the Municipality to review all development and
redevelopment proposals in terms of their impact on the area's heritage resources.
C3.3.2 It shall be a policy of the Municipality to use all appropriate means available to
ensure development and redevelopment proposals are compatible with the
heritage resources and existing character of the Community.
• C3.3.3 It shall be a policy of the Municipality to encourage organizations such as
Heritage Kincardine to assist Council to establish an ongoing facade improvement
program, promoting the use of the facade design guidelines through annual design
awards, design workshops and pamphlets, and display of old photos and before
and after pictures.
Official Plan March 23, 2006
Municipality of Kincardine 11
C3.3.4 The purpose of heritage groups is to assist the Municipality in identifying
buildings and districts suitable for historic designation. The following guidelines
may be considered by such groups and Council when assessing the value of is
buildings and districts for historic designation:
a) has the building or property been associated with the life of an historic
person;
b) is the building an important example of the architectural or construction
style of a specific period, or the work of an important builder, designer, or
architect;
c) are comparable structures rare;
d) does the Community support the designation of the building or property
based on its architectural and visual values.
e) does the building or the property retain a large part of its original character
and craftsmanship;
fj the value of the building as a landmark or as an integral part of a •
distinctive area or neighbourhood of the Community;
g) the building's architectural features such as style, plan, and the sequence of
spaces; use of materials and details including windows, doors, signs,
ornaments; colours, textures, and lighting; and, the relationships of all
these to neighbouring buildings.
C3.3.5 With the assistance of local heritage groups, the Municipality should strive to
establish "heritage facade design guidelines" to provide direction to Council,
municipal staff, members of local groups and individual property owners and their
tenants in improving the visual appearance of the downtown.
Development and site alteration shall only be permitted on lands containing
archaeological resources or areas of archaeological potential if the significant
archaeological resources have been conserved by removal and documentation, or
by preservation on site. Where significant archaeological resources must be
preserved on site, only development and site alteration which maintain the
heritage integrity of the site may be permitted.
Development and site alteration may be permitted on adjacent lands to protect the is
heritage property where the proposed development and site alteration has been
evaluated and it has been demonstrated that the heritage attributes of the protected
heritage property will be conserved.
Official Plan March 23, 2006
Municipality of Kincardine 12
Mitigative measures and/or alternative development approaches may be required
• in order to conserve the heritage attributes of the protected heritage property
affected by the adjacent development or site alteration.
C4 ENERGY
C4.1 GOAL
The Municipality of Kincardine will continue to be active in the field of energy
conservation and development and will seek growth and development of its
importance in the field of nuclear and alternative energy technologies.
C4.2 OBJECTIVES
C4.2.1 The Municipality will support plans to utilize available energy from the Bruce
Nuclear Power Development and available wind generated power and other forms
of alternative energy.
C4.2.2 The Municipality shall support energy efficiency and improved air quality
0 through land use and development patterns.
C4.2.3 The Municipality will encourage research and development of nuclear and
alternate energy technologies.
C4.3 POLICIES
C4.3.1 The Municipality will continue to initiate, endorse and promote proposals to
higher levels of Government and interested private groups in conjunction with the
County, and other South Bruce Lakeshore Area municipalities, to utilize power
from the Bruce Nuclear Power Development to its full potential.
C4.3.2 It is recognized that an abundant, reliable source of energy can be a significant
benefit to industrial development. Therefore, it is the intent of this Plan to support
efforts to attract industries to the area based on electricity from the Bruce Nuclear
Power Development, wind generation and other sources such as natural gas and
alternate fuels.
C4.3.3 The Municipality will support land use and development patterns which promote
. compact form and a structure of nodes and corridors, The Municipality will
promote alternative transportation modes in and between residential, employment
and other areas where public transit may be developed.
C4.3.4 The Municipality will improve the mix of employment and housing uses to
shorten commute journeys and decrease traffic congestion. In both development
and redevelopment, and construction techniques that conserve energy and lead to
Official Plan March 23, 2006
Municipality of Kincardine 13
affordable life -cycle costs will be encouraged. Energy -conserving lighting and
heating systems will be considered. •
C4.3.5 The Municipality will promote design and orientation which maximize the use of
alternative or renewable energy such as solar and wind energy and the mitigating
effects of vegetation.
C5 ECONOMY
C5.1 GOAL
Development guidelines and policies will be provided for the Municipality of
Kincardine, consistent with its economic potential by providing adequate and
suitably located areas for various economic activities and by providing policies to
encourage the development of such economic functions.
C5.2 OBJECTIVES
C5.2.1 The Municipality will encourage the development of a varied economic base,
including tourism, agriculture, transportation, communication, energy and
industrial uses
C5.2.2 The Municipality will support long-term economic prosperity for the community
by expanding the commercial/industrial assessment base to provide a greater
source of employment and a strong tax base.
The Municipality shall promote economic development and competitiveness by:
• providing a mix and range of employment opportunities;
• providing a diversified economic base;
• planning, protecting and preserving existing employment areas;
• ensuring necessary infrastructure is available;
• promoting the use of a local energy supply; and,
• recognizing the economic importance of the Bruce Nuclear Power
Development (BNPD). •
C5.3 POLICIES
C5.3.1 The Municipality will seek to achieve a population to employment opportunities
ratio of 1:4 resulting in the need for 837 to 921 employment opportunities in the
Municipality by year 2026.
Official Plan March 23, 2006
Municipality of Kincardine 14
• C5.3.2 The Municipality supports the Bruce ECO-Industrial Park and is prepared to
accommodate its share of residential, commercial and industrial development that
may accompany energy based industrial development.
C5.3.3 The Municipality shall continue to promote means of benefiting from the
proximity to the B.N.P.D. and development of secondary industry necessary to
support the activities at the B.N.P.D.
C5.3.4 The Municipality supports the efforts of Bruce County and local economic
development groups to encourage economic development within the South Bruce
Lakeshore Area, including the Municipality of Kincardine.
C5.3.5 In addition to supporting County and inter -municipal economic development
initiatives, the Municipality will also encourage diversification and expansion of
the local employment base by promoting economic development within the
Municipality.
C5.3.6 The Municipality, and community -supported agencies will promote and
encourage the development of a viable downtown, recreation facilities, tourist
attractions and accommodation within the Municipality.
C5.3.7 It is the intent of this Plan to recognize the contribution of the harbour area to the
economy of the Municipality and will seek means to upgrade harbour facilities
throughout the Municipality.
C5.3.8 The Municipality shall, in approving new development, seek to improve the ratio
of commercial/industrial to residential assessment.
C5.3.9 The Municipality shall provide a positive climate for small business investment,
targeting small industry and commercial enterprises as being consistent with the
type of growth and development desired within the community.
C5.3.10 The Municipality shall promote the current availability of fibre optic cabling
within the community, in efforts to attract business and industry to the area which
benefit from and take advantage of the area's superior telecommunication
infrastructure.
• C5.3.11 The Municipality shall encourage the establishment of emerging technologies
which provide expanded band width capabilities, in order to maintain and advance
the area's superior telecommunication infrastructure.
C5.3.12 The Municipality shall optimize the long term availability and use of land,
resources, infrastructure and public service facilities.
Official Plan March 23, 2006
Municipality of Kincardine 15
C5.3.13 The Municipality shall support planning so that major facilities (sewage treatment
facilities, industries) and sensitive land uses are appropriately designed, buffered
and/or separated from each other to prevent adverse effects from odour, noise and
other contaminants, and minimize risk to public health and safety.
C5.3.14 The Municipality shall provide for opportunities for increased energy generation,
supply and conservation, including alternative energy systems and renewable
energy systems and shall promote research and development of these
technologies.
C5.3.15 The Municipality may permit conversion of lands within employment areas to
non -employment uses through a comprehensive review, only where it has been
demonstrated that the land is not required for employment purposes over the long
term and that there is a need for the conversion.
C5.3.16 The Municipality will support the diversification of the agricultural industry and
the development of value added agricultural products and related research in the
municipality.
C6 TOURISM
C6.1 GOAL
The enhancement, revitalization and development of a strong local tourist
industry for the Municipality of Kincardine shall be encouraged.
C6.2 OBJECTIVES
C6.2.1 The Municipality will encourage opportunities for sustainable tourism
development both within the Municipality and within the area generally.
C6.2.2 The Municipality will encourage the preservation of the significant natural
features within the Municipality.
C6.3 POLICIES
C6.3.1 The Municipality shall play an active role in promoting tourism activity in the
area through its participation in the Tourism Associations.
C6.3.2 The specific tourism promotion of the Municipality shall focus on Kincardine •
being an attractive lakeshore community on Lake Huron, noted for its harbour
within close proximity to its downtown, its waterfront, parks, beaches, spectacular
sunsets and large number of attractive older residences and heritage buildings.
Official Plan March 23, 2006
Municipality of Kincardine 16
C6.3.3 The Municipality shall present its waterfront and marina as important tourism
• assets. The development of this area should be carried out with input from the
Municipality of Kincardine Waterfront Development Plan. To this extent, the
Municipality shall strive to:
a) develop strong linkages between the downtown commercial core and the
waterfront;
b) upgrade and enhance boating and marina facilities and uses; and,
c) upgrade and enhance the maintenance of the beaches as a significant
attraction.
C6.3.4 The Municipality shall encourage the utilization of the waterfront and riverfront
as an important tourism and recreational asset, focussing on the outdoor -
environmental aspects of the recreation experience (fishing, boating, camping,
walking, biking, viewing nature).
C6.3.5 The Municipality shall encourage a broad range of tourist accommodations,
ranging from campgrounds and Bed and Breakfast establishments to motels and
resorts.
C6.3.6 A wide range of four -season recreational facilities will be encouraged in order to
address the needs of local residents, cottagers, and visitors. Specific emphasis
shall be paid to the development of passive recreational/leisure opportunities such
as a linked trail system, natural environment conservation areas and camping and
picnic areas.
C6.3.7 The Municipality shall encourage the development of an Arts and Cultural Centre
to house and support the arts and cultural interests of the community and as a
tourism attraction and shall support other events and activities that attract and
support tourism in the communities.
C7 COMMUNITY IMPROVEMENTS
C7.1 GOALS
Community Improvements shall be an ongoing comprehensive program in the
0 Municipality of Kincardine. The goals of this program are:
C7.1.1 To preserve and rehabilitate older residential neighbourhoods.
C7.1.2 To preserve, redevelop and strengthen the downtown commercial area and
integrate proposed extensions to this commercial area.
Official Plan March 23, 2006
Municipality of Kincardine 17
C7.1.3 To preserve and improve the existing industrial areas.
C7.1.4 To develop the business park at the intersection of Highway No. 21 and 9.
C7.1.5 To upgrade and improve municipal hard services, social and recreational
facilities, medical and health facilities and public utilities.
C7.1.6 To provide the necessary municipal hard services and economic and social
services to broaden the economic base of the Municipality.
C7.2 OBJECTIVES
The following objectives should be considered when identifying Community
Improvements:
C7.2.1 To provide hard municipal serviced (i.e. sewers, water, roads, sidewalks, street
lighting, etc.) in the areas of Kincardine and Tiverton where these services have
been identified as being deficient.
C7.2.2 To provide municipal water services to those developed areas of the shoreline
where the existing private water systems may present a health hazard.
C7.2.3 To make available and accessible soft municipal services (i.e. parks, playgrounds
and related facilities, community centres) to all the people of Kincardine and to
upgrade those services and facilities which have been identified as deficient.
C7.2.4 To regulate traffic through the use of traffic control devices and a hierarchal road
network to facilitate the safe and efficient vehicular and pedestrian movement and
emergency services in all areas of the Municipality.
C7.2.5 To encourage the maintenance and rehabilitation of existing housing stock.
C7.2.6 To encourage the preservation of or rehabilitation to buildings of historical and
architectural significance.
C7.2.7 To encourage the relocation of inappropriate or non conforming uses where it is
the opinion of Council that the use is undesirable because of the age, dilapidation,
overcrowding, facility arrangement, unsuitability of buildings, incompatibility or
for any other reason.
C7.2.8 To encourage residential growth through infilling development of vacant land or
redevelopment of underutilized properties.
C7.2.9 To encourage redevelopment by either the private and/or public sectors within the
downtown commercial area or as planned extensions to the commercial area.
Official Plan March 23, 2006
Municipality of Kincardine 18
•
0
is
• C7.2.10 To improve the existing commercial areas or expand the commercial areas by
encouraging improvements dealing with such matters as off street parking, street
beautification or facade improvements and accessibility.
C7.2.11 To encourage the redevelopment of brownfield sites, existing vacant or
underutilised industrial properties in existing industrial areas.
C7.2.12 To encourage public and/or private initiatives to expand, infill and intensify
existing industrial areas prior to developing new industrial areas.
C7.2.13 To encourage joint public and private involvement in projects to improve the
appearance, functionality or efficiency of residential, commercial, institutional or
industrial areas of the Municipality.
C7.3 CRITERIA FOR THE SELECTION OF COMMUNITY IMPROVEMENT
AREAS
The following general criteria shall be used in the selection of community
• improvement areas:
C7.3.1 Condition and adequacy of commercial areas including areas within commercial
building or building facades which exhibit structural deficiencies or need for
rehabilitation, inappropriate signage, insufficient off street parking, the need for
improvements to the commercial streetscape, inadequate pedestrian access to
commercial businesses or inadequate vehicular access or traffic circulation within
the commercial area.
C7.3.2 Condition and adequacy of Industrial areas including areas within industrial
buildings or building facades which exhibit structural deficiencies or the need for
rehabilitation, inappropriate signage, insufficient off street parking, inadequate
vehicular access to or traffic circulation within industrial areas, or inadequate
space or inappropriate location of industrial facilities for efficient industrial
operation.
C7.3.3 Deficiency in the availability and/or condition of municipal hard services such as
roads, sanitary sewers, water systems, storm water drainage, sidewalks , street
lighting, or hydro.
• C7.3.4 Deficiencies in the availability and/or condition of municipal recreation facilities
such as parks, playgrounds, arenas, community centres or trails.
C7.3.5 Deficiencies in the availability and/or condition of municipal, social and cultural
facilities such as administration offices, meeting rooms, galleries, libraries or craft
rooms.
Official Plan March 23, 2006
Municipality of Kincardine 19
C7.3.6 Areas where a significant portion of the buildings and/or building facades exhibit •
the need for improvement or rehabilitation.
C7.3.7 Areas where there is a conflict in land uses with the Official Plan and/or Zoning
By-law
C7.3.8 Areas where there are a lack of physical services such as pedestrian corridors, off
street parking etc.
C7.4 DELINEATION OF COMMUNITY IMPROVEMENT AREAS
The area delineated as Community Improvement Areas is shown on Schedule
"A". This area includes all the lands within the corporation limits of the
Municipality of Kincardine. It is the intention of this policy that Council shall
pass a By-law designating all or part of the Community Improvement Area as a
Community Improvement Project Area under Section 28(2) of the Planning Act,
1990.
C7.5 PHASING OF IMPROVEMENTS
•
It is the intention of this policy that a prioritized list of Community Improvements
be identified in a Community Improvement Plan and not as part of the
Community Improvement policies of this plan. It is also the intention of this
policy that Community Improvement priorities be subject to continual review due
to changes in economic, social or environmental considerations, municipality's
financial portion or the availability of federal or provincial funding. Therefore,
from time to time, at least once every term of Council, a general review of the
Community Improvement Plan shall be made.
C7.6 IMPLEMENTATION
The Municipality of Kincardine will implement the Community Improvement
goals and objectives through the following methods:
C7.6.1 Council will designate by By-law a Community Improvement Project Area
pursuant to the Planning Act.
C7.6.2 Council will undertake the preparation of Community Improvement Plans. •
C7.6.3 Council may acquire and develop land to replace inappropriate and non-
conforming uses for facilitating conservation, rehabilitation, redevelopment or
development of an area.
C7.6.4 Continue enforcement of property maintenance and occupancy standards By-law.
Official Plan March 23, 2006
Municipality of Kincardine 20
C7.6.5 Continue support for historical preservation through utilization of provisions
contained within the Ontario Heritage Act.
C7.6.6 Co-operation with school boards, service clubs, businessmen, industrial, medical
and health services and other private individuals or groups to provide new or
redevelop existing facilities and services.
C7.6.7 Participation in provincial and federal government programs which provide
assistance to private landowners for the maintenance, rehabilitation and
redevelopment of their properties.
C7.6.8 The utilization of public funding available to municipalities from provincial and
federal programs to assist in implementing community improvements.
C7.6.9 Support and encourage the business improvement area organizations in their
efforts to maintain a strong and vibrant business area.
C8 ELECTRIC POWER FACILITIES
• C8.1 All existing power facilities shall be permitted in any land use designation without
the necessity for an amendment to the Plan. Unless approved under The
Environmental Assessment Act, any major new electric power facilities or
undertakings will require an amendment to this Plan and to the Municipality's
Zoning By -Law. Minor new electric power facilities, under 50 megawatts, or
undertakings may be permitted without the necessity of an amendment to this
Plan; however, such minor facilities or undertakings may require an amendment
to the Municipality's Zoning By -Law.
C8.2 Land and buildings used for executive, administrative or retail purposes or held
under lease or licence from Ontario Power Generation and Bruce Nuclear Power
Development shall comply with the land use designations and policies of this Plan
and the Municipality's Zoning By -Law.
C8.3 The above policies, however, do not preclude the Municipality's right to
participate in discussions on the location and design criteria of new electric power
facilities.
• C9 WELLHEAD PROTECTION AREAS
C9.1 In order to ensure a sustainable water supply, the Municipality shall prohibit uses
of land within identified wellhead protections areas in Tiverton. Within these
areas land uses including the storage of or manufacture of petroleum based fuels
or solvents, pesticides, herbicides, fungicides or chlorinated solvents, inorganic
Official Plan March 23, 2006
Municipality of Kincardine 21
chemicals, road salt or severely toxic chemicals identified by either Provincial or
Federal Statute or Regulation shall be prohibited.
C1O WIND ENERGY
C10.1 Subject to the policies of this Plan, the Municipality supports the development of
such facilities as a source of renewable energy.
C10.2 Small-scale individual wind turbines will be permitted for on -site domestic use of
wind -generated electricity on an individual lot basis in the Shoreline designations.
C 10.3 Large scale commercial operations, involving one or more large wind turbines
generating electricity for sale to the electrical grid, may be permitted through a
Zoning By-law Amendment in the Industrial designation. It is intended that such
operations, referenced herein as wind farms shall be sited and regulated so that
most of the safety, noise and visual impacts are contained on the subject site.
C 10.4 The implementing Zoning By-law Amendment shall include provisions relating to
setbacks, maximum height provisions and other regulatory provisions.
C10.5 The implementing Zoning By -Law Amendment may include reverse setbacks for .
new sensitive land uses in areas adjacent to a wind farm.
C10.6 Wind farms shall be subject to site plan control in accordance with the provisions
of the Planning Act and the policies of Section C5.3 of this Plan and, as a
consideration an agreement between the developer and the municipality, the
municipality may ensure that the municipal servicing and administration costs
associated with the development are not borne by the current tax payer.
C11 EMERGENCY PLANNING
C11.1 All development applications shall be reviewed having regard for the health and
safety of existing and future residents and business. Applications shall be
reviewed to ensure that they are in keeping with the Municipality's Emergency
Plan.
C11.2 The Municipality shall update its Emergency Plan at regular intervals based on
levels of growth and forms of non-residential development. Where necessary,
this Plan may be amended to ensure that public works and future land use is
consistent with the Emergency Plan.
Official Plan March 23, 2006
Municipality of Kincardine 22
SECTION "D"
DETAILED LAND USE POLICIES
This Section establishes policies relating to the various land use categories, including
Residential, Commercial, Industrial, Institutional, Open Space, Natural Environment and
Development Constraint, Business Park, Shoreline and Future Development. This Section
should be read in conjunction with Schedules A, B and C which shows the location of the
various land use categories.
D1 RESIDENTIAL
D1.1 GOAL
An ample supply of affordable and quality living accommodation in terms of type
and location will be provided for the Municipality's present and future residents.
D1.2 OBJECTIVES
D1.2.1 Residential development will be permitted according to the policies contained in
• this Plan when access to transportation and Municipal services are adequate; and
will be staged to the satisfaction of the Municipality of Kincardine.
D 1.2.2 Premature residential development which would create an adverse economic
burden for the Municipality will be discouraged.
D1.2.3 Buffering of residential areas from other land uses will be required when the
residents living environment would be adversely affected.
D1.2.4 The Municipality shall provide for an appropriate range of housing types and
densities to meet projected requirements of current and future residents of the
regional market area by establishing and implementing minimum targets for the
provision of housing which is affordable to low and moderate income households,
by permitting and facilitating all forms of housing required to meet the social,
health and well-being requirements of current and future residents, including
special needs requirements.
The Municipality shall promote densities for new housing which efficiently use
land, resources, infrastructure and public service facilities, and support the use of
alternative transportation modes and public transit in areas to be developed.
D1.2.5 Assisted owner and rental housing will be encouraged as the need is identified in
local and County housing studies.
Official Plan March 23, 2006
Municipality of Kincardine 23
D 1.2.6 The Municipality shall monitor the amount of land available for residential
development to ensure that there is, at all times at least a 10 year supply of land
designated for residential development.
D1.3 PERMITTED USES
The Residential designation means that the predominant use of the land in the
areas so designated shall be for residential dwelling units. Permitted Residential
uses shall include low density housing such as single family detached units and
semi-detached units, medium density triplexes, quadraplexes and townhouses,
high density housing including apartments, and group homes.
Uses of land which are complementary to and compatible with Residential uses
shall also be permitted. Such uses include:
- Churches
- Parks and Open Space
- Nursing Homes
- Day Nurseries
- Home Occupations
- Local Commercial Uses, as provided in Section D2.7 of this Plan
- Schools, as defined in "The Education Act".
- Bed and Breakfast Establishments
DIA GENERAL POLICIES
D1.4.1 The quality of existing residential development in areas designated for continued
residential use will be maintained and, where possible, improved.
D1.4.2 Residential development will not be permitted in areas subject to high levels of
pollution, whether from noise, air or water.
D 1.4.3 Appropriate buffering shall be provided between residential areas and industrial
uses, commercial uses, arterial roads, County Roads, Provincial Highways and
railways.
D 1.4.4 New residential development will be allowed in all Residential designations, both
as infilling and expansion. Infilling may proceed by severance or by registered
plan of subdivision. The expansion of Residential areas will be primarily by
registered plan of subdivision. New development taking place in greenfield areas
should occur adjacent to the existing build-up area and shall have a compact form,
mix of uses and densities that allow for the efficient use of land, infrastructure and
public service facilities in order to conserve energy and shall be designed in
recognition of wind and snow effects.
Official Plan March 23, 2006
Municipality of Kincardine 24
•
0
0
•
D1.4.5 Plans of Subdivision in greenfield areas will be phased as a condition of draft plan
approval and subdivision agreements to ensure that a range and mix of housing is
provided at all stages of development and that existing and future residents will
not be adversely impacted by on -going construction activity.
D1.4.6 Availability of Affordable Housing
a) The Municipality shall encourage an adequate supply of affordable
housing.
b) The Municipality shall attempt to have 25% of all new residential
construction affordable. In a given year the residential development may
meet, exceed or fall short of the 25% target and therefore, to achieve a
more realistic picture of the progress made in achieving this target, five
year averages shall be used to meet affordable housing objectives.
c) The Municipality shall ensure that the Comprehensive Zoning By-law
does not require standards which preclude the development of affordable
housing and may provide incentives such as increased density bonusing
for the development of affordable housing.
d) Mobile homes shall not be permitted except within a mobile home park.
The establishment of a mobile home park will require an amendment to
this Plan to create a special Mobile Home Park designation except where
the use is required for the temporary housing of workers.
e) The Municipality will support the development of short term housing to
accommodate temporary workers required to expand the B.N.P.D.
This form of development may include modular or mobile dwelling units
in a planned temporary park that may be placed on lands designated
Residential as a temporary use on lands designated Industrial or Highway
Commercial provided that:
i) the dwellings are connected to full municipal services;
ii) there is an agreement between the Municipality and the land owner
specifying the length of time that the use may exist and the
conditions under which the development may proceed; and,
iii) the development shall be subject to Site Plan Control under Section
41 of the Planning Act.
Official Plan March 23, 2006
Municipality of Kincardine 25
D1.4.7 Supply of Serviced Residential Land
D1.4.8
a) The Municipality shall maintain at all times the ability to accommodate 49
residential growth for a minimum of three years through residential
intensification and redevelopment and if necessary, lands which are
designated and available for residential development.
b) The Municipality shall maintain at all times where new development is to
occur, land with servicing capacity sufficient to provide at least a 3 year
supply of residential units available through lands suitable zoned to
facilitate residential intensification and redevelopment, and land in draft
approved and registered plans.
c) The Municipality shall establish and maintain an on -going inventory of
potential sites for affordable or supportive housing projects.
d) The Municipality shall negotiate with developers in efforts to establish
plans that include the types of housing needed within the Municipality.
Range of Housing Types
a) The Municipality shall support a wide range of housing types, zoning
standards and subdivision design standards where appropriate.
b) The Municipality establishes the following housing mix targets:
Low Density - 70%
Medium Density - 25%
High Density - 5%
c) In order to achieve these targets existing low density residential areas and
existing commercial areas will need to develop through residential
intensification and infilling. The Municipality will target 10 percent of all
new housing to be developed in this manner. These areas may be zoned to
permit higher density uses in the Zoning By-law.
Areas that have been identified and will be promoted for intensification
are identified as Intensification Areas on Schedule 'A'.
d) The Municipality shall strive to maintain the existing mix of housing •
tenure. To this end, the Municipality establishes the following housing
tenure targets:
Ownership - 70%
Rental - 30%
Official Plan March 23, 2006
Municipality of Kincardine 26
e) The Municipality will encourage intensification in commercial areas as a
method of creating potential opportunity for a range of housing.
D1.4.9 Special Needs Housing
a) The Municipality shall seek to improve access to housing for people with
special needs, including assisted housing for low income people, seniors
housing and housing for physically and developmentally handicapped
individuals.
b) The Municipality shall work with local groups to determine the demand
for special needs housing. The Municipality shall support appropriate
applications and proposals for special needs housing.
c) The Municipality shall consider alternative approaches to providing
housing targeted specifically to the seniors population.
d) The Municipality will permit temporary housing as is required to meet the
needs of employees involved in the expansion to the BNPD facilities or
other large projects requiring an influx of temporary residents.
• D 1.4.10 New Residential developments, especially subdivision proposals will be
encouraged to be as visually interesting as possible. Possible approaches include
mixing housing densities and styles, varying the location of buildings on lots and
utilization of the natural features of a site.
D 1.4.11 Reduced urban development standards such as smaller frontages, narrower road
allowances and shared services may be considered, where appropriate, in new
areas of development and/or in areas of existing development which require
unique development standards. Where reduced standards are considered for a
development, the development shall be placed within a Special Zone in the
Zoning By -Law.
D 1.4.12 All new Residential uses in Kincardine and Tiverton shall be connected to
Municipal water and sewage services, except in limited situations where
significant physical constraints make it economically not feasible. In such cases,
the proposed servicing shall be subject to the approval of the Grey Bruce Health
Unit and/or the Ministry of the Environment.
• D1.4.13 Home occupations will be permitted in the Residential designation, subject to the
provisions of the Zoning By -Law. Home occupations will be continuously
monitored, by licensing if necessary, to ensure their compatibility with the
Residential environment. The Zoning By -Law or other by-laws under the
Municipal Act will provide regulations which:
a) may include a detailed list of permitted home occupations uses;
Official Plan March 23, 2006
Municipality of Kincardine 27
b) Restrict the number of people which may be employed in the home
occupation;
c) Provide a maximum percentage of the floor area of the residence which
may be used for the home occupation;
d) Maintain the external appearance of the residence and control exterior
signs; and,
e) Provide appropriate parking standards for such use.
D1.4.14 Institutional uses permitted within the Residential designation shall be subject to
the Institutional Policies contained in Section D4 of this Plan, and shall require
amendment of the Zoning By -Law.
D1.4.15 Bed and Breakfast operations may be permitted within the single detached homes
within the Residential designation subject to the requirements of the
Comprehensive Zoning By-law.
a) The Comprehensive Zoning By-law may provide Bed and Breakfast
regulations which ensure:
i) that the establishment of such uses not change the residential
character of the area;
ii) all requirements of the zoning by-law are met, including adequate
off-street parking, minimum floor area for guest rooms and
maximum number of guest rooms;
iii) such uses only be permitted in buildings which constitute the
principal residence of the operator;
iv) the maximum number of guest rooms for overnight
accommodations shall not exceed 3;
v) the Bed and Breakfast suite meets all health, safety, servicing and
building code standards; and,
vi) any other regulation deemed necessary by the Municipality.
b) Bed and Breakfast operations shall be encouraged to locate in the older
established areas of the Municipality in close proximity to the downtown
business area and/or the recreational amenities of the Lake Huron
Shoreline. This policy is not intended to restrict such businesses from
locating in other residential areas of the Municipality; and,
c) Bed and Breakfast operations may be subject to Site Plan Control.
Official Plan March 23, 2006
Municipality of Kincardine 28
0
•
D 1.4.16 The term Garden Suite is used to describe a temporary detached residential unit
accessory to a primary residence and which offers an alternative arrangement for
• housing elderly parents, handicapped family members or other similar
individuals.
Garden Suites may be permitted within the Residential designation subject to the
requirements of the Comprehensive Zoning By-law.
a) The Comprehensive Zoning By-law may provide Garden Suite regulations
which:
i) require the residential unit to be detached and accessory to a
primary dwelling unit;
ii) restrict any business or commercial enterprise from taking place
within the residence;
iii) require the dwelling unit to meet all requirements of the
Comprehensive Zoning By-law, including yard setbacks; and,
iv) prohibit the use of a mobile home.
Garden suites, while complying with the regulations outlined in the
• Comprehensive Zoning By-law, will require land use permission through
the adoption of a Temporary Use By-law pursuant to Section 39 of the
Planning Act, 1990.
b) The Municipality shall enter into an agreement with the property owner or
occupant to cover issues such as:
i) conditions under which the Garden Suite will be removed from the
property;
ii) the Garden Suite not be used as a rental dwelling unit for profit or
gain;
iii) the Garden Suite meets all health, safety, servicing and building
code standards;
iv) the need for bonding or security to ensure that certain conditions of
the agreement are met; and,
v) other issues deemed important by the Municipality.
c) Garden Suites may be subject to Site Plan Control.
D 1.4.17 The term "Day Nursery" is used to describe a facility that receives more than five
(5) children, primarily for the purpose of providing temporary care or guidance
for children under the age of 10 years and/or developmentally handicapped
children under the age of 18 years.
Day Nurseries may be permitted within the Residential designation subject to an
amendment to the Comprehensive Zoning By-law.
Official Plan March 23, 2006
Municipality of Kincardine 29
a) The Comprehensive Zoning By-law may provide Day Nursery regulations
which require: •
i) a demonstrated community need exists for the facility;
ii) the establishment of the facility does not negatively impact upon
the residential character of the neighbourhood;
iii) a safe area for the drop-off and pick-up of the children; and,
iv) all requirements of the Comprehensive Zoning By-law, including
yard setbacks, signage and parking are met.
b) The facility shall be licensed by the Ministry of Community and Social
Services under the Day Nurseries Act, R.S.O., 1990, as amended.
c) The facility shall provide for the temporary care or guidance for the
children for a continuous period not exceeding 24 hours.
d) The facility shall meet all health, safety and building code standards.
e) Day Nurseries shall be subject to Site Plan Control under Section 5.13 of
this Plan. •
D 1.4.18 Notwithstanding policies D 1.4.9 and D 1.4.10 all new residential development in
older established residential areas will be encouraged to be developed in keeping
with the overall character of such areas.
D1.4.19 In all residential areas, great care shall be taken to preserve mature vegetative
growth. Existing trees shall be preserved, wherever possible and other vegetative
cover and natural drainage patterns shall be an essential consideration in the
design of any proposed residential development. The preservation of trees along
streets and roads shall be encouraged by Council, except where removal is
necessary because of disease or obstruction of viewing angles.
D1.4.20 Where new development occurs adjacent to existing development that is at
significant lower density, the new development shall be designed to provide a
transition of density and height in order to provide for compatible built form. In
addition, landscape buffers for new buildings may be required in order to
minimize potential impacts on existing developed areas.
D1.4.21 Development of the lands located north of the North Line Extension and west of
Bruce Road 23 shall only occur in accordance with the following:
Official Plan March 23, 2006
Municipality of Kincardine 30
a) a comprehensive environmental impact study identifying natural heritage
• features including but not limited to wetlands, significant woodlands,
natural drainage courses and natural habitat areas shall be completed and
the development shall be designed to protect and preserve the natural
features of the land.
b) the development shall be designed to maintain the character of the existing
shoreline development in terms of lot size, density and height where the
development is in the vicinity of existing residential development and
shall provide for density to increase gradually over the lands in an easterly
direction.
c) the development shall be supported by a traffic study that establishes a
road pattern and identifies external road improvements that will be
undertaken, to ensure that existing uses are not adversely affected by
increased traffic. Road systems serving the Shoreline Residential and the
Urban Residential areas shall be separated as much as possible, and traffic
from new Urban Residential areas shall be directed primarily to Bruce
Road 23.
. Pedestrian access to the beach shall be established in such locations and in
such a manner as to minimize adverse impacts on existing shoreline
properties.
D1.4.22 The following maximum gross residential densities will apply to new Low density
Residential use:
D1.5
0 D1.5.1
HOUSING TYPE
MAXIMUM NO. OF UNITS
PER GROSS HECTARE (ACRE)
Low Density
Single Detached
20 u..h. 8 u. .a.)
Semi -Detached
30 u.p.h. (12 u.p.a.)
Gross Residential Density shall mean the density of residential development in an
area including local roads and such other uses as parks and local commercial
facilities.
MEDIUM AND HIGH DENSITY HOUSING
The following factors will be considered when reviewing proposals for any
medium and high density housing development:
a) Compatibility with existing land use in the immediate area, historical
significance of existing buildings, the nature of the residential area;
Official Plan March 23, 2006
Municipality of Kincardine 31
D1.5.2
b) Where adjacent to single family residential areas, medium and high
density housing shall maintain a low building profile to conform visually
to the adjacent Residential areas; •
c) Adequate off-street parking shall be provided;
d) Buffering from any adjacent low density Residential use shall be provided;
e) Suitable landscaping and on -site amenities shall be provided;
fj The adequacy and proximity of community facilities such as schools,
shopping and recreation facilities;
g) The adequacy of Municipal services to accommodate the proposed density
of development;
h) Such development will be encouraged in proximity to commercial areas
and to arterial or collector roads to minimize traffic congestion and
facilitate access to commercial services;
i) The manner in which the development relates to proposed future land uses
in developing residential areas;
j) Medium and high density housing shall be in separate zones in the Zoning
By -Law. Such development will proceed by an amendment to the Zoning
By -Law;
k) Medium and high density housing will be subject to the Site Plan Controls
of the Planning Act; and,
1) The maximum height of buildings west of Queen Street and Bruce Road
23 shall not exceed three stories except within the General Commercial
designation
The following maximum net residential densities will apply to new medium and
high density residential uses:
HOUSING TYPE
MAXIMUM NO. OF UNITS
PER NET HECTARE ACRE
Medium Density
Triplex to Townhouse
40 u. .h. (16 u. .a.)
3 Store Walk-up Apartments
40 u..h. 16 u. .a.)
High Density
Apartments
85 u. .h. (35 u. .a.)
Official Plan March 23, 2006
Municipality of Kincardine 32
U
Net Residential Density means the area of the site proposed for development, not
including roads, parks, local commercial facilities, etc.
D1.5.3 Consideration may be given to waiving locational requirements and reducing
parking standards for medium and high density senior citizens housing, subject to
amendment of the Zoning By -Law.
D1.5.4 Conversion of single family homes into multiple family units will be permitted
subject to the provisions of the Zoning By -Law, provided they are structurally
adequate, that no external changes are required which will detract from the
physical appearance of the building, and that adequate rear yard parking can be
provided. Such conversions shall be subject to the development policies of
Section D1.5.2 of this Plan.
D1.5.5 Condominium development will be considered in light of the foregoing policies
for medium and high density Residential development, provided the proposal
complies with the requirements of The Condominium Act, and subject to the
provisions of the Zoning By -Law.
D1.6 GROUP HOMES
The term Group Home is used to describe a wide range of residential care
facilities to provide housing for persons in need of special care. Group Homes
shall be permitted within the Residential designation subject to the requirements
of the Comprehensive Zoning By-law.
a) The Comprehensive Zoning By-law shall provide regulations which
recognize group homes offering long term (more than 1 year) housing
within a single housekeeping unit for five (5) or less seniors,
developmentally and/or physically handicapped individuals and/or
mentally ill individuals as a permitted use in all residential zones provided
the following criteria is satisfied:
i) that no physical alterations be made to change the function of the
structure as a single detached residential dwelling unit;
b) The Comprehensive Zoning By-law may provide regulations which
recognize group homes offering long term (more than 1 year) housing to
• six (6) or more seniors, and/or developmentally, physically or mentally
handicapped individuals subject to an amendment to the Comprehensive
Zoning By-law which is assessed based on the following criteria:
i) whether the facility is licensed, regulated and/or approved by a
government regulatory body;
ii) that a demonstrated local need exists for such a facility;
Official Plan March 23, 2006
Municipality of Kincardine 33
iii) that additional supportive services and facilities exist for the
residents;
iv) that no other group home is located within close proximity to the •
proposed site; and,
v) that the building meets all health, security and fire safety standards.
c) The Comprehensive Zoning By-law may provide regulations which
recognize halfway houses offering short term (less than 1 year) or long
term (more than 1 year) housing to individuals for the purpose of a
halfway house for substance abuse, the socially disadvantaged, and for ex -
offenders subject to an amendment to the Comprehensive Zoning By-law
which is assessed based on the following criteria:
i) whether the facility is licensed, regulated and/or approved by a
government regulatory body;
ii) that a demonstrated local need exists for such a facility;
iii) that additional supportive services and facilities exist for the
residents;
iv) that 24 hour supervision and security is in place;
v) that no other group home is located within close proximity to the
proposed site; and, •
vi) that the building meets all health, security and fire safety standards.
d) Group Homes may be subject to Site Plan Control.
•
Official Plan March 23, 2006
Municipality of Kincardine 34
D2 COMMERCIAL
0 D2.1 GOAL
A well balanced and varied Commercial economy will be established to serve the
needs of residents of the Municipality of Kincardine, the rural trade area and the
travelling public.
D2.2 OBJECTIVES
D2.2.1 A viable and reasonable range of shopping facilities to serve the needs of the
public shall be established by adapting commercial activities to changing market
size and composition, in accordance with the Municipality's growth.
D2.2.2 Downtown and harbour improvement programmes, shall be encouraged to
maintain the downtown commercial area as the Municipality's major focus of
commercial, institutional and recreational activities; and, to ensure appropriate
development of commercial uses related to the waterfront and harbour area of the
Municipality.
• D2.2.3 Commercial areas outside of the downtown shall be maintained and improved,
provided that development of such areas does not detract from the function of the
downtown.
D2.2.4 Local commercial establishments shall be encouraged to develop in harmony
with, and in proximity to residential development as the market demands mature.
D2.2.5 Adequate space shall be provided for commercial uses which are highway/service
oriented and require large parcels of land, and a high ratio of parking to floor area,
but which do not compete on a functional basis with the downtown or shopping
centres.
D2.2.6 The development of tourist -oriented commercial facilities to support a strong
tourist industry shall be encouraged.
D2.3 PERMITTED USES
The Commercial classification of land shall mean that the predominant use of
. land in areas so designated shall be buying, selling and leasing of personal,
business and recreational services. Such activities shall be located in established
Commercial areas of the Municipality.
Commercial uses within the Municipality of Kincardine may be classified by
function into four (4) groupings:
Official Plan March 23, 2006
Municipality of Kincardine 35
a) A wide range of General Commercial uses located in the downtown core,
and within an existing shopping plaza at the north end of the Municipality;
and"Alldesignated. designated as General Commercial on the Land Use Plan (Schedule
b) Uses permitted within the Highway Commercial designation shall include
those uses which because of space and parking demands are not
compatible with the compact nature of the core area or which are
dependent upon vehicular traffic. Specifically, the following shall be
considered as being permitted with the Highway Commercial designation:
i) Service stations, public garages, automobile sales and service, car
washing establishments;
ii) Drive-in restaurants;
iii) Hotels, motels, and related tourist facilities;
iv) Bowling alleys, curling rinks, public and private clubs, and other
places of entertainment and recreation;
v) Agricultural and industrial equipment sales and service;
vi) Restaurants;
vii) Boat, snowmobile, mobile home and trailer sales and service
agencies;
viii) Building supply sales, home furnishing and appliance sales and
storage;
ix) A local convenience store, laundromats, dry cleaners, and personal
service uses;
x) Veterinarian clinics and associated uses;
xi) Education and training centres;
xii) Transportation depots;
xiii) Nurseries and greenhouse; and,
xiv) Office(s) accessory to permitted principal use.
c) Local Commercial uses which serve the daily need of an adjacent
Residential neighbourhood, providing only convenience and personal
service facilities. Local Commercial uses are not shown on the Land Use
Plan; and,
d) Resort Commercial uses which include Commercial uses related to the
waterfront, such as marinas, restaurants, tourist accommodation, multiple -
family residential, and recreational facilities and which are designated as
Resort Commercial on the Land Use Plan.
On lands referred to as the Kincardine Harbour, and designated "Resort
Commercial", the following uses related to the waterfront, such as
marinas, restaurants, recreational facilities, convention centres, and
Official Plan March 23, 2006
Municipality of Kincardine 36
0
specialized retail uses shall be permitted, with reference to the Waterfront
Development Plan. All development shall be specifically designed to
• ensure and maintain public access to the waterfront.
Uses in General Commercial, Highway Commercial and Resort Commercial
areas, may also include recreational facilities, institutional uses, utilities,
accessory buildings, parking lots and open space. Residential units shall be
permitted in the downtown core above or behind commercial uses, provided that
adequate off-street parking facilities are provided.
D2.4 GENERAL POLICIES
D2.4.1 New Commercial Development will be subject to the Site Plan Control.
D2.4.2 Landscaping shall be required as part of new Commercial development.
D2.4.3 Co-ordinated design in keeping with adjacent uses shall be encouraged for
building elevations.
D2.4.4 Entrance and exit access to off-street parking areas shall be designed to minimize
• danger to vehicular and pedestrian traffic. Wherever possible adjacent parking
areas should be connected to permit traffic flow through the parking areas.
D2.4.5 Screening and buffering shall be provided between new Commercial uses and
adjacent uses, in accordance with the provisions of the Zoning By-law.
D2.4.6 Commercial establishments shall be required to erect signs which do not detract
from the visual quality of the Commercial area, with respect to size, illumination
location and nature of construction.
D2.4.7 Council, in co-operation with the B. I. A. and the Chamber of Commerce, will
encourage merchants to maintain and enhance the attractiveness of their
businesses to the consumer and passer-by. The Council may lend support to the
Chamber of Commerce in organizing special activities.
D2.4.8 The Municipality shall be responsible for monitoring the build-up of retail
development outside of the downtown core and the impact upon the health of the
core businesses in the downtown of Kincardine. Where major commercial
• development is proposed outside of the downtown core Council may require the
submission of a market impact analysis to assess the potential impact of the
development on the function of the Kincardine downtown core. Council may
retain independent advisors to assist them in understanding the implications of
such development on the planned function and character of the downtown.
Official Plan March 23, 2006
Municipality of Kincardine 37
D2.5 GENERAL COMMERCIAL POLICIES
D2.5.1 The downtown core area shall continue to provide the Commercial, Business and •
Institutional focal point for the Municipality. All development and
redevelopment shall be directed toward retaining and improving the economic
viability of the core area.
D2.5.2 The Land Use Plan (Schedule "A") generally establishes the limits of the
downtown core, to provide a compact Commercial area and prevent
encroachment on adjacent Residential neighbourhoods.
D2.5.3 Residential units shall be permitted above or behind commercial establishments,
provided they complement the character of the existing building, do not constitute
a safety hazard and have adequate off-street parking.
D2.5.4 Downtown and Harbourfront improvement programmes shall be encouraged to
strengthen ties between the downtown and harbour, to improve the harbour's
recreational and commercial facilities and to improve the downtown commercial
core by devising and implementing improvements to building facades, sidewalks,
roads traffic and pedestrian circulation and landscaping. This will enhance the
attractiveness and operational efficiency of the downtown and harbour. All such
improvements shall have regard to, among other things, the goals, objectives and
policies contained in Section C4 'Heritage Conservation' of this Plan. Council
may provide assistance through Community Improvement Programs and
partnerships with the private sector to improve these areas.
D2.5.5 Outside storage of supplies or waste materials shall be discouraged.
D2.5.6 Adequate off-street parking shall be provided to encourage use of the downtown.
D2.5.7 Shared Use Parking may be considered, through an amendment to the
Comprehensive Zoning By-law, within areas designated General Commercial.
Shared Use Parking is based on the assumption that a parking space may be used
in certain instances to serve two or more individual land uses without conflict or
encroachment.
This technique is intended to lessen the duplication of parking supply and to
optimize the use of existing and new parking facilities for mixed use
developments/redevelopments. The use of shared use parking should be limited •
to mixed use developments located on the same property. This technique is not
intended to be utilized by two or more uses located on separate lots.
Shared use parking only works for developments which meet certain criteria.
Careful analysis should be undertaken before shared use parking is considered.
Official Plan March 23, 2006
Municipality of Kincardine 38
The following guidelines should be followed when assessing and implementing
IDshared use parking:
a) Each parking space should be useable at all times and shall include
facilities for special needs parking;
b) The facility should accommodate significant in -bound and out -bound
traffic flow at one or more periods of the day. The design of the access
and the circulation system should be easy to understand and use;
c) Because of the variety in types of parkers (business, daily vs. infrequent,
shoppers, visitors, recreational etc.) the facility should have effective
signage, markings and other communication tools;
d) Thought should be given to enforcement of parking times for on -site
visits, since the facility will be affected by parkers who overstay their
limits;
e) A strategy should be developed in order to guide parkers to all spaces in
the facility. The strategy should also consider separation of parkers who
tend to compete for space (shoppers and matinee movie goers); minimum
walking distance to those land uses having a captive market; and,
0 Shared parking can be used as a development tool.
D2.5.8 Within the General Commercial area at the northwest corner at Lambton Street
and Victoria Street, the only permitted commercial uses shall be a medical clinic
and professional offices.
D2.5.9 Notwithstanding their 'General Commercial' designation, the use of those lands
located in the easterly halves of Blocks 'F' and 'H', Plan M-1, shall be limited to
primarily service oriented commercial uses.
D2.5.10 Notwithstanding their 'General Commercial' designation, those lands comprised
of Part Lots 1 and 2, West Side of Princess Street and being Parts 1 and 2, Plan
3R-3997 shall only be used for parking and access/egress purposes.
D2.5.11 The following policies shall apply to Shopping Centre type development.
Shopping Centre type development includes any group of commercial uses
permitted within the General Commercial designation which is owned and/or
operated as a unit.
a) All proposals for new Shopping Centre Commercial development shall
require an amendment to the Zoning By-law. The Kincardine BIA and
Chamber of Commerce shall be given formal notice of all such proposals
at the time of Zoning By-law Amendment.
Official Plan March 23, 2006
Municipality of Kincardine 39
b) Shopping Centre Commercial development should only be permitted if:
i) it is demonstrated in a market analysis study that the additional
retail floor space is justified by reason of changes in population,
personal disposable income, retail sales per capita and existing
retail floor space; and,
ii) it is demonstrated in an economic analysis study the proposed
centre will not have a long term detrimental effect upon the
existing commercial base of the downtown commercial core.
c) In order to facilitate the review of Shopping Centre Commercial
proposals, the following information should be supplied supplemental to a
proposed Zoning By-law amendment:
i) a general review of the location, size and type of other commercial
areas within the market area;
ii) a breakdown of the amount of floor space to be devoted to food
shopping, department store type merchandise and to ancillary
services;
iii) gross floor space of the proposed development;
iv) a survey of customer shopping patterns which is used as a basis for
forecasting the centre's share of the market;
v) a study of the impact of the proposed development on existing
commercial areas and an estimate of their anticipated recovery
period from this impact; and,
vi) a study of the impact of the new centre on the existing roads.
d) Site design considerations for Shopping Centre Commercial uses should
include:
i) Adequate buffer planting or fencing shall be established between
the Shopping Centre and adjacent residential land uses. It shall be
the responsibility of the Shopping Centre developer to provide and
maintain the required buffer;
ii) Adequate off-street parking shall be provided;
iii) The design and appearance of buildings, including exterior
materials, siting, location, landscaping, exterior lighting and
signing shall not detract from other surrounding land uses;
iv) The lot size shall be adequate for the proposed development; and,
v) Proposals for Shopping Centre development shall be subject to Site
Plan Control under Section 41 of the Planning Act and the
developer shall be required to enter into an agreement with the
Municipality as a condition of Site Plan approval.
Official Plan March 23, 2006
Municipality of Kincardine 40
•
D2.6 HIGHWAY COMMERCIAL POLICIES
D2.6.1 Highway Commercial uses should be grouped to minimize entrances and provide
interior connections in parking areas. Comprehensive development will occur by
means of common access to arterial roads by service roads, in order to prevent
irregular lot depths or landlocking.
D2.6.2 Site design considerations for Highway Commercial uses shall include:
a) Landscaping shall be provided between any Highway Commercial use or
parking area and the adjacent highway, except for designated entrances
and exits; and between a Highway Commercial use and an abutting
Residential use;
b) Adequate landscaping shall be provided on the site;
c) Adequate off-street parking shall be provided;
d) Signs should be designed to be functional and avoid visual clutter and
distraction;
e) Outdoor lighting shall direct light away from adjacent streets and uses;
f) Outside storage should be located to the rear of the main building on the
lot, wherever possible; and
g) New developments shall be designed to complement the area and provide
continuity in architectural and landscape design.
D2.6.3 Notwithstanding the permitted uses of Section D2.3, it is the intent of this Plan
that a limited range of general commercial uses may be permitted within the
Broadway/Charles Street and Queen Street/Kincardine Avenue areas Highway
Commercial designations. Such uses shall proceed by means of an amendment to
the Zoning By -Law.
In considering such proposals, the Council must be satisfied that the proposed use
can not be appropriately located within the General Commercial designation and
that the proposed use will not adversely affect the function and viability of the
General Commercial areas of the Municipality.
• D2.7 LOCAL COMMERCIAL POLICIES
D2.7.1 Development will be of such a scale and type that will be compatible with the
existing character of the area and that will serve only the needs of the residents of
the surrounding neighbourhood.
Official Plan March 23, 2006
Municipality of Kincardine 41
D2.7.2 Local Commercial development shall not affect the economic viability of other
Commercial areas, including the downtown.
D2.7.3 Development shall be located and designed to minimize traffic conflicts and
where possible, shall be encouraged to locate at street intersections.
D2.7.4 Landscaping shall be provided between Local Commercial uses and abutting
Residential uses.
D2.7.5 Adequate off-street parking shall be provided.
D2.7.6 External advertisements and signs shall be designed to maintain the appearance of
the area.
D2.7.7 The establishment of Local Commercial uses will proceed by amendment of the
Zoning By -Law.
D2.8 RESORT COMMERCIAL POLICIES
D2.8.1 Resort Commercial uses will only be allowed if they conform with a Small Craft
Harbour Facilities Study, approved by Council, and by amendment of the Zoning i
By -Law.
D2.8.2 Aesthetic quality will be encouraged through the use of Site Plan Controls under
The Planning Act.
D2.8.3 Continued upgrading of marine facilities will be encouraged to further develop
the local tourist industry.
D2.8.4 Site design considerations for Resort Commercial uses shall include:
a) The location and massing of buildings to maintain attractive harbour
vistas;
b) The number and location of entrances/exits relative to the existing road
network;
c) Adequate landscaping shall be provided with landscaping between Resort
Commercial uses and adjacent land uses;
d) Development will be of a type and scale which is compatible with the
area; and,
e) Adequate off-street parking shall be provided.
Official Plan March 23, 2006
Municipality of Kincardine 42
D3 INDUSTRIAL
• D3.1 GOAL
The Municipality of Kincardine will be recognized as a Centre of Excellence
serving the needs of nuclear and alternate energy industry.
A greater number and variety of job opportunities will be encouraged by
providing adequate and suitably located areas for Industrial activities and by
providing policies to promote the development of these functions.
D3.2 OBJECTIVES
D3.2.1 Serviced areas for future industrial development will be provided, and the
development of the Bruce ECO-Industrial Park with an attractive and functional
site design will be encouraged.
D3.2.2 Diversification and expansion of the Municipality's Industrial base will be
encouraged.
• D3.2.3 Secondary industries related to the B.N.P.D. or spin- off industries related to the
Bruce ECO-Industrial Park will be encouraged to locate in the Bruce ECO-
Industrial Park.
The Municipality will plan for, protect and preserve employment areas for current
and future uses and will ensure that the necessary infrastructure is provided to
support current and projected needs.
D3.2.4 The Municipality of Kincardine will continue to follow an aggressive industrial
development strategy.
D3.3 PERMITTED USES
In areas designated Industrial, the predominant use of the land shall be for the
manufacture, assembly, process, fabrication, repair, maintenance and storage of
goods, materials, commodities and equipment and related uses.
Complementary uses such as wholesale outlets, offices, training facilities and
• showrooms accessory to industrial operations and research and development
facilities may also be permitted. Other complementary uses may include
recreational facilities oriented to physical fitness, parks and open space, public
uses, such as roads, public works yards, services and utilities and educational,
commercial or recreational uses which directly serve the industries or employees.
Official Plan March 23, 2006
Municipality of Kincardine 43
D3.4 POLICIES
D3.4.1 All industries shall meet the emission standards of the Ministry of the
Environment, and where necessary, obtain the approval of the Ministry of the
Environment with respect to water supply, sewage treatment, solid waste disposal,
and emissions including noise, fumes and odours.
D3.4.2 New Industrial development will be subject to Site Plan Control.
D3.4.3 Heavy Industrial uses shall be located so that surrounding uses are not adversely
affected, and so that adverse effects of any emissions of smoke, noise and odours
or increased traffic generation are minimized.
D3.4.4 Where residential land or other sensitive land uses are within the distances
identified below from proposed industrial uses, an assessment of the potential
impact of the industrial use and mitigation measures to prevent adverse effects
that may be experienced shall be required in accordance with the Ministry of
Environment Guidelines:
TYPE OF USE AREA OF rNFLUENCE •
a) Class III (Heavy industrial uses) Large 1000 metres
scale manufacturing or processing
industries, characterized by major
annoyances and high probability of
fugitive emissions
b) Class II (Medium industrial uses) 300 metres
Medium scale processing and
manufacturing including outdoor
storage, associated with minor
annoyances including noise, odour,
dust, vibrations and low probability of
fugitive emissions.
c) Class I (Light industrial uses) 70 metres
Small scale, self-contained plants or
buildings having a low probability of
fugitive emission and has no outdoor •
storage
Where an impact assessment study recommends larger setbacks, such larger
setbacks shall be considered the appropriate minimum setbacks for industrial
development from residential or other sensitive land uses. In cases where the
separation distance can be reduced through other buffering techniques the
Official Plan March 23, 2006
Municipality of Kincardine 44
0
•
Ministry recommends, where feasible, that some site -specific notification be
implemented to deal with future changes in use which would not normally require
re -zoning.
D3.4.5 Open storage of goods or materials shall be located in interior lots not fronting on
major roads and shall be adequately screened by plantings, berms, fences, or
buildings and shall comply with the provisions of the Zoning By -Law.
D3.4.6 Upgraded landscaping shall be provided where Industrial uses abut Residential
areas or municipal roadways. Landscaping materials should be indigenous and
self-sustaining.
D3.4.7 All industries shall be provided with adequate off-street parking, loading
facilities, buffer and setbacks, in accordance with the provisions of the Zoning
By -Law.
D3.4.8 Development within the Industrial park will provide for the preservation of those
existing landscape features which are determined by Council to be worthy of
conservation.
Official Plan March 23, 2006
Municipality of Kincardine 45
D4 BUSINESS PARK
In addition to the policies which apply to all industrial areas, the following
policies shall apply to those lands designated "Business Park". For ease of
reference these lands shall be referred to as "Business Park."
D4.1 PERMITTED USES
In areas referred to as Business Park the various uses permitted shall complement
the economic function of the downtown commercial core and not have a negative
impact on the economic viability of the downtown. In general the range of uses
include highway commercial uses and light industrial uses.
The predominant highway commercial uses shall be those commercial uses which
are dependent upon a high degree of access and visibility to vehicular traffic such
as motels, eating establishments forming part of a motel, motor vehicle service
stations and gas bars, automotive and recreational vehicle sales, service and rental
establishments, agricultural and industrial equipment sales and service
establishments, contractor yards, and fuel storage depots.
Limited retail commercial establishments having large floor area and parking i
and/or outdoor storage or display requirements not consistent with the compact
nature of the downtown commercial core shall be permitted. The Permitted Uses
shall be limited to:
i) major furniture and appliance sale;
ii) warehouse outlet;
iii) building supply outlet;
iv) fitness centre
v) restaurant;
vi) supermarket/grocery store;
vii) similar retail commercial uses
All limited commercial establishments shall have a minimum of 232 square
metres (2500 square feet) of `net retail floor area' and shall be located in a `single
use building'. `Net retail floor area' means the floor area of the building/structure
minus those areas used for storage, receiving, HVAC etc. `Single use building'
means a freestanding building/structure not connected to an adjacent
building/structure at any point or face. •
The predominant industrial uses shall be non -obnoxious light industries involved
with the manufacture, assembly, process, fabrication, repair, maintenance and
indoor storage of goods, materials, commodities and equipment, enclosed
warehousing, offices, public utilities, research and development facilities,
computer, electronic or data processing establishments, scientific or technological
Official Plan March 23, 2006
Municipality of Kincardine 46
establishments, communication, business and government services, and
• information technology based businesses, services and industries.
D4.2 POLICIES
a) The Municipality shall encourage the majority of new highway
commercial and light industrial development to locate within the Business
Park designation.
b) In order that the Business Park lands develop as an attractive entrance to
the community the following site development standards shall be
addressed by all development proposals:
i) landscaping shall be provided between any permitted use or
parking areas and the adjacent roads;
ii)
outdoor storage for uses other than automotive and recreational
vehicle dealerships shall generally be restricted.
iii)
signs shall be designed to be functional, attractive and avoid visual
clutter and distraction, and where possible should be consolidated
on shared sign structures;
. iv)
underground wiring for hydro, telephone, and other transmission
lines shall be required; and,
v)
Landscaping shall be provided within parking areas to create visual
breaks in the expanse of parking areas. The equivalent of one
landscaped space for every 50 parking spaced shall be provided.
c) Access to the Business Park and individual lots shall be from internal
roadways and joint use parking areas. In no case shall individual lots have
direct access onto Highway #21 or Highway # 9 unless they are used by a
public authority providing municipal or emergency services.
d) Adequate off-street customer and employee parking facilities shall be
provided.
e) Off-street parking, drive -ways and/or loading areas adjacent to residential
uses shall be suitably screened or buffered through the use of public open
space, fences, berms or other appropriate landscape treatment.
f) All parking areas shall be appropriately illuminated to ensure the safety of
. pedestrian and vehicular access.
g) Effects of Business Park development on adjacent uses shall be minimized
by:
i) providing distance separation and/or the construction and
maintenance of buffer strips and/or screening between such uses;
Official Plan March 23, 2006
Municipality of Kincardine 47
ii) the arrangement of lighting facilities and commercial signs to
minimize impact on surrounding uses;
iii) ensuring that off-street parking facilities do not adversely affect •
surrounding uses; and,
iv) provide for a 30 metre buffer area planting strip stocked with
mature coniferous and deciduous trees when development abuts a
Residential zone.
h) All new buildings and structures shall be set back a minimum of 15 metres
from Highway #21 and Highway #9.
i) The minimum lot size shall be dependent on the nature of the use, the
topography and drainage.
j) The internal road pattern for the Business Park, identified on Schedule A
to this Plan, is conceptual in nature and may be changed or altered without
the need for an amendment to this Plan.
k) All Business Park development shall be subject to site plan control.
1) Notwithstanding the above policies, those lands identified as "Business •
Park Special" may be used in accordance with the "Residential" policies
of this Plan found in Section D 1. These lands are recognized as being
occupied by a historic log cabin which may continue to be used for
residential purposes until such time as the owner decides to use the
property in accordance with the above noted "Business Park" policies.
The lands within the "Business Park Special" designation include the lot
described as Part 1, Reference Plan 3R-3887, Part 1, Plan 3R-6579, Part
Lot 2, Concession 1 SDR, Municipality of Kincardine, plus a 30 metre
buffer area abutting the western and southern lot lines of the above noted
property.
The 30 metre buffer area shall be a planting strip stocked with mature
coniferous and deciduous trees. It is the intent of this Plan to limit the
impact on the "Business Park Special" area by future commercial or
industrial development. Development proposals abutting this area shall
incorporate into their site plans measures to minimize impacts on this
property.
Official Plan March 23, 2006
Municipality of Kincardine 48
D5 INSTITUTIONAL
• D5.1 GOAL
Institutional, educational and cultural facilities will be provided in suitable
locations to adequately serve all interest groups.
D5.2 OBJECTIVES
D5.2.1 Institutional uses will be encouraged to serve the entire Municipality and to locate
within or near the core area where possible.
D5.2.2 Institutional uses, including major education and training facilities will be actively
promoted in the Municipality.
D5.2.3 Co-operative use of community facilities with nearby Municipalities will be
promoted.
D5.2.4 Development of cultural facilities will be encouraged.
• D5.2.5 Multiple use of Institutional areas and buildings will be promoted.
D5.2.6 Creative use of design to blend Institutional uses into the surrounding area will be
promoted.
D5.3 PERMITTED USES
In the Institutional classification of land, the predominant use of land shall be for
public and private Institutional uses. Small scale institutional uses are generally
compatible with residential land uses, are permitted in the Residential designation
as identified in the Residential development policies. Institutional uses will also
be permitted in the General Commercial designation. Major Institutional uses
(i.e. Secondary schools, cemeteries) are shown on the Land Use Plan (Schedule
"A"). Ancillary uses such as parking lots, accessory residences and open space
shall also be permitted.
D5.4 POLICIES
is D5.4.1 Institutional uses shall be located and designed to perform efficiently without
disrupting adjacent land uses.
D5.4.2 Joint use of both community and educational facilities, and the location of schools
adjacent to public open space will be encouraged where practical.
Official Plan March 23, 2006
Municipality of Kincardine 49
D5.4.3 Adequate buffering, screen planting and/or fencing shall be provided between
Institutional uses and adjacent Residential areas. Is
D5.4.4 Adequate parking areas with suitable screening and buffering will be provided.
Entrances and exits to parking areas will be limited in number and designed to
minimize danger to vehicular and pedestrian traffic in the immediate area.
D5.4.5 The Municipality will seek to assist the Bluewater District School Board and the
Grey -Bruce Roman Catholic Separate School Board by providing any information
required to determine future education requirements.
D5.4.6 New Institutional uses shall proceed by amendment to the Zoning By -Law and
may be subject to Site Plan Control under the Planning Act.
Official Plan March 23, 2006
Municipality of Kincardine 50
D6 OPEN SPACE
0 D6.1 GOAL
It shall be the goal of this Plan to maintain and enhance the quality of the
environment of the Municipality of Kincardine by ensuring that sufficient land is
preserved for Recreational purposes, by maximizing the Recreational
opportunities on existing lands with recreational capability and by providing the
necessary facilities to meet the future needs of the residents of Kincardine.
D6.2 OBJECTIVES
D6.2.1 The Municipality shall promote healthy, active communities by planning public
streets, spaces and facilities to be safe, meet the needs of pedestrians, and
facilitate pedestrian and non -motorized movement, including walking and
cycling.
The Municipality shall provide for a full range and equitable distribution of
publicly -accessible built and natural settings for recreation, including facilities,
parklands, open space areas, trails and water -based resources.
The Municipality shall provide opportunities for public access to shorelines
including an integrated multi -use trail facility.
The Municipality shall consider the impacts of planning decisions on provincial
parks, conservation reserves and conservation areas.
Adequate urban parks and recreational facilities of all sizes and functions will be
provided.
D6.2.2 A full range of recreational programmes will continue to be promoted.
D6.2.3 The development of the tourist industry will be encouraged through improving
and promoting tourist attractions.
D6.3 PERMITTED USES
The predominant use of land designated Open space shall be for Open Space
• conservation and recreation. Open Space includes natural areas, parks,
playgrounds, tennis courts, community centres, community trails and similar
recreational uses; and buildings accessory to such recreational and open space
uses.
Official Plan March 23, 2006
Municipality of Kincardine 51
D6.4 POLICIES
D6.4.1 Public Open Space will be provided according to the following standards: •
PUBLIC OPEN SPACE AREA STANDARDS
AREA
NUMBER OF
SERVICE
MINIMUM
HECTARES PER
RADIUS
SIZE
1000
POPULATION
Sub -Neighbourhood
Included in
0.20 km
500m
neighbourhood and
community arks
Neighbourhood Park
2.0
0.40 to 0.80 km
4 hectares
and Elementary
School combination
Community Park and
1.5
0.6 to 2.4 km
12 hectares
Secondary School
Combination
Regional and Special
6.5
8 to 50 km
20 hectares
Use
TOTAL OPEN SPACE
10.0 Hectares
These standards can be reduced by 25 per cent where a park and a school are
adjacent and completely accessible to one another.
Upon completion of a Recreation Master Plan, the provision of Public Open
Space shall consider the recommendations of that Plan.
D6.4.2 Council shall require in the case of a subdivision proposed for commercial or
industrial purposes two percent dedication of land for park purposes; and in all
other cases either five percent dedication of land for park purposes or the
dedication of land according to the density based ratio of I hectare for each 300
dwelling units; whichever amount is greater, in the following circumstances:
a) as a condition of subdivision or condominium approval under Section
50(5) or (8) of the Planning Act,
b) as a condition of development or redevelopment of land under Section
41(1) or (3).
D6.4.3 Cash -in -lieu of the whole or part of the park dedication may be accepted, pursuant
to Section 50(8) and Section 41(6) of The Planning Act, under the following
circumstances:
Official Plan March 23, 2006
Municipality of Kincardine 52
LJ
a) Adequate parkland is available or being provided to serve neighbourhood
• requirements;
b) The park dedication would be unsuitable in terms of size, shape or
location for park purposes; and,
c) Where the required park dedication would render the remainder of the
development site unsuitable or impractical for development.
D6.4.4 With regard to the provision of park space, subdivision and development
agreements will consider the following:
a) The site is centrally located, visible and accessible to neighbourhood
residents, including those living adjacent to the proposed development,
where appropriate;
b) The site is properly drained and physically suitable for functional use; and,
c) Responsibilities are set out for the development of the park area and the
provision of park facilities and equipment.
• D6.4.5 Parks and Open Space will be developed on the basis of site plans.
D6.4.6 Existing roadside trees shall be maintained or replaced by the Municipality,
wherever possible; and roadside tree planting of one tree every lot on both sides
of the road shall be provided in new subdivisions by the developer.
The Municipality shall also encourage the establishment of natural wind breaks to
reduce erosion and snow accumulation throughout the Municipality.
D6.4.7 Where any lands are designated for Open Space use which are under private
ownership, this Plan does not intend that this land will remain as Open Space
indefinitely, nor shall it be construed as implying that Open Space areas are free
and open to the general public, or that the lands will be purchased by a public
authority. If proposals are made to develop such lands, which are under private
ownership, and no public authority wishes to purchase the lands in order to
maintain them as Open Space, then an application for redesignation will be
considered as an amendment to this Plan.
D6.4.8 It shall be the policy of this Plan to retain existing actively maintained parks
within the Open Space designation and increase public access to the waterfront
wherever appropriate.
D6.4.9 The Municipality shall work towards the development of a trail system linking the
river system, the shoreline and natural and open space areas, with major
Official Plan March 23, 2006
Municipality of Kincardine 53
commercial, residential and institutional land areas. Connectivity shall be
maintained with transportation systems and trails.
D6.4.10 The development of the Municipality's waterfront shall be with reference to the
Waterfront Development Plan.
D6.4.11 The Municipality shall work towards improving opportunities for picnicking by
the travelling public and local residents within appropriate areas of the
community.
D6.4.12 The Municipality shall encourage the establishment and expansion of the
Provincial campground uses and facilities at Inverhuron.
Official Plan March 23, 2006
Municipality of Kincardine 54
D7 NATURAL ENVIRONMENT AREAS
• D7.1 GOAL
To protect and preserve areas with inherent physical and/or environmental
constraints to development which if developed could pose a danger to life or
property; and, to conserve the natural heritage features of the Municipality.
The main natural environment lands within this Plan area of the Municipality of
Kincardine are the Penetangore River, its tributaries and their adjacent valley
slopes, other watercourses that flow to Lake Huron, the Lake Huron shoreline, the
ancient bluffs, wetlands and other natural heritage features that fall within the
Plan area. Hazard lands include floodplain, wetlands, organic or unstable soils,
poorly drained soils and low-lying areas, steep and unstable slopes, and flooding,
erosion and dynamic beach hazards associated with Lake Huron.
D7.2 OBJECTIVES
D7.2.1 To identify those areas that pose a risk to development and to direct development
• away from such areas.
D7.2.2 Natural features and areas shall be protected for the long term.
D7.2.3 A long term programme will be undertaken to consider remedial works, where
warranted, to reduce the threat to existing development.
In addition, a long term programme will be undertaken to consider works in the
inshore area of Lake Huron which will have the effect of protecting and
enhancing the shoreline through accretion of sand and gravel materials, widening
the beach area, and lowering the slope of the inshore lake bottom.
D7.2.4 The Penetangore River Valleys and the Lake Huron Shoreline will be encouraged
to be developed as a major Open Space area, both for natural environment
protection, public use and open space linking Residential and Commercial Areas.
The SVCA should be consulted to ensure that any proposed uses and/or
construction of trails are appropriate for specific areas.
D7.3 GENERAL PRINCIPLES
• The Natural Environment designation is comprised of those lands having inherent
natural environmental hazards such as flood or erosion susceptibility, steep
slopes, poor drainage, areas of organic soils, and other physical conditions which,
if developed upon, could cause loss of life, property damage, social disruption or
result in the deterioration of degradation of the environment. Council shall,
Official Plan March 23, 2006
Municipality of Kincardine 55
therefore, wherever possible endeavour to retain those lands identified as Natural
Environment in a natural state.
In addition, the Natural Environment designation includes significant natural •
heritage features such as valley lands, significant woodlands, wildlife habitat and
fish habitat, provincially, locally and regionally significant wetlands, Areas of
Natural and Scientific Interest (ANSIs); and cold water streams. Council shall
consider potential environmental impacts for development proposals in and near
these features.
The Natural Environment designation as shown on Schedule `A' is based upon
one or more of the following features:
a) The Regional Storm floodplain for the Penetangore River and its
tributaries. For the area west of Highway No. 21 engineered floodplain
mapping identifies the Regional Storm floodplain, whereas for the area
east of Highway No. 21 such mapping is presently not available. As new
mapping is approved it will be included by amendment to this Plan;
b) The valley slopes bordering the Penetangore River and it's tributaries, plus
a horizontal setback where appropriate, and the SVCA Fill Regulated •
Area;
c) The one in 100 year flood level along the Lake Huron Shoreline as
indicated on the Saugeen Valley Conservation Authority Flood Risk Maps
for the Municipality of Kincardine plus a:
i) Flooding and Erosion Hazard Limit - being a 15 metre allowance
for wave uprush, erosion and other water related hazards,
measured horizontally landward from the 100 year flood line;
And where appropriate a:
ii) Dynamic Beach Hazard Limit - being a dynamic beach allowance
of up to 30 metres measured landward from the Flooding and
Erosion Hazard limit to recognize areas of inherently changeable
accumulations of shoreline sediments.
Interpretation of the boundaries of the Natural Environment designation should be
based upon evaluation of the above information and any other applicable policies •
of this Official Plan.
However, for the exact location of the flood line or other hazardous feature on any
property, the owner is advised to review the detailed mapping available at the
Saugeen Valley Conservation Authority, and to obtain their input, interpretation,
and recommendation.
Official Plan March 23, 2006
Municipality of Kincardine 56
• The boundaries of the Natural Environment designation are flexible to a certain
degree and may be subject to revision through consultation with the Saugeen
Valley Conservation Authority and the Municipality. Minor adjustments to the
boundaries shall not require an amendment to this Plan.
D7.4 PERMITTED USES
The predominant uses of land within the Natural Environment designation shall
be agriculture, conservation and preservation of the natural environment, wildlife
areas, existing agricultural uses, public parks, nursery gardening, forestry,
marinas, boat houses, emergency services specifically for water rescue, active and
passive outdoor recreation but not including golf courses.
Those uses and activities which could be adversely affected by, or which could
increase the potential risk associated with the inherent physical hazards, shall be
prohibited.
Approval of the Saugeen Valley Conservation Authority shall be obtained for any
• permitted use, where required under the SVCA's Regulations.
D7.5 POLICIES
The following policies apply to the Natural Environment designation:
a) The erection of buildings and structures or the placing or removal of fill of
any kind, whether originating on the site or elsewhere, within a Natural
Environment Area are generally prohibited. Minor extensions or
enlargements of existing buildings and structures shall be discouraged.
b) Certain buildings and structures that must be located within the Natural
Environment Area by the nature of their use, such as for flood or erosion
control, are permitted. Nonetheless, any building or structure which could
be located outside the Natural Environment Area is not permitted Non -
habitable buildings connected with public parks, such as picnic shelters,
may be permitted.
c) The boundaries of the Natural Environment Area are delineated in a
conceptual manner on the attached Schedule `A', 'B' and 'C'. The exact
location of the boundaries of the Natural Environment Area shall be
delineated in the implementing Zoning By-law.
d) Development and site alteration shall not be permitted within the floodway
portion of the floodplain, as defined by the Regional Storm flood.
Official Plan March 23, 2006
Municipality of Kincardine 57
e) Replacement of existing buildings or structures damaged by natural causes
may be permitted if the hazard risk does not increase from the original
condition. is
f) New development or site alteration shall not be permitted within 30 metres
of a cold water stream or 15 metres of a warm water stream, except for the
restoration or minor expansion of buildings or structures legally existing at
the date of adoption of this Plan, or site alteration in association with a
legally established use.
Landowners are encouraged to forest or naturalize the areas within 30
metres of any stream to maintain and improve fish habitat and the
ecological function of the stream and to increase natural connections.
Existing agricultural uses will be encouraged to minimize the potential
impact on the environment by following best management practices
endorsed by the SVCA.
g) Development or site alteration may be permitted in deer wintering yards
and in adjacent lands (50) metres provided an acceptable Environmental
Impact Study is completed in accordance with the criteria outlined in this •
Plan, Section D6.6, which demonstrates that there will be no negative
impacts on the natural features or the ecological functions for which the
area is identified.
h) Uses that require landfor i modifications, such as parking lots, are not
permitted in areas of environmental sensitivity, such as the Lake Huron
shoreline.
i) Where any land designated as Natural Environment is held under private
ownership, this plan shall not be construed as implying that such areas are
free and open to the general public nor that the lands will be purchased by
the Municipality or other public agency. There is no public obligation to
either redesignate or to purchase any such lands if there is an existing or
potential hazard that would be difficult or costly to overcome.
j) Where new development is proposed on a site, part of which has physical
or environmental hazards, then such land will not necessarily be
acceptable as part of the dedication for open space purposes required
under the Planning Act, R.S.O., 1990, as amended. All lands dedicated to
the Municipality shall be conveyed in a physical condition satisfactory to
the Municipality. Where an open watercourse is dedicated to the
Municipality, adequate space shall be provided for maintenance
operations. If necessary, the Municipality may request a maintenance
easement, at no cost to the corporation, in its favour.
Official Plan March 23, 2006
Municipality of Kincardine 58
k) If more detailed Natural Environment and Natural Heritage mapping
becomes available and is recognized by the Municipality, or should flood
control or similar works be undertaken, to the satisfaction of the
Municipality and the Saugeen Valley Conservation Authority, which
result in major changes in areas designated Natural Environment, then this
Plan may be amended as required.
1) It shall be the policy of this Plan that in considering an application for the
redesignation of lands designated Natural Environment for other purposes,
Council will consider redesignation, if all of the following can be satisfied:
i) The hazards can be safely addressed and new hazards are not
created or existing ones aggravated. This may include preparation
of an engineering study to the satisfaction of Council and the
SVCA;
ii) No adverse or negative environmental impacts will result, and it
has been demonstrated that there will be no negative impacts on
the natural features or the ecological functions for which they have
been identified. The Municipality, in consultation with the
Conservation Authority, shall require an Environmental Impact
• Study to be prepared, at the proponent's expense, in accordance
with Section D7.7 of this Plan;
iii) Vehicles and people have a way of safely entering and exiting at
all times;
iv) The development does not include institutional uses, emergency
services (excluding emergency services specifically for water
rescue), or involve hazardous substances, and;
v) The advice, or approval where required, of the Conservation
Authority shall be obtained.
m) Where development or site alteration is proposed and detailed mapping is
not available, the proponent shall be required to produce the necessary
mapping.
n) It shall be the policy of this Plan that the areas designated Natural
Environment shall be zoned in a separate and restrictive classification in
the implementing Zoning By -Law and/or appropriately protected through
the use of SVCA Regulations.
. o) Written permission may be required from the Saugeen Valley
Conservation Authority pursuant to Ontario Regulation 97/04 —
Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses where development or site grading is proposed within a
Regulated Area as shown on schedules filed with the SVCA where such
mapping exists or otherwise generally within or near the Natural
Environment designation. In areas that are subject to the SVCA
Official Plan March 23, 2006
Municipality of Kincardine 59
F&W
Regulation No. 97/04 and where the intent of the Natural Environment
designation is being maintained, the Municipality has the option of relying
on the regulatory role of the SVCA through their Regulations to
implement the intent of the hazards relating to the Natural Environment
designation along the shoreline areas of Lake Huron.
ENVIRONMENTAL IMPACT STUDY
The Municipality may waive the requirement for the preparation of an EIS upon
recommendation of the appropriate authority, including the SVCA, if the proposal
is of such a minor nature or site conditions are such that the preparation of an EIS
would serve no useful purpose for the protection of the significant environmental
features.
If required, an Environmental Impact Study shall be completed by a qualified
professional with expertise in the appropriate environmental sciences at the
expense of the proponent. The study shall consist of:
a) description of the purpose of the undertaking, the duration of impacts to
the site, as well as the possible effects of the proposed undertaking;
b) a description and statement of the rationale for the undertaking, the •
alternative methods of carrying out the undertaking and, the alternatives to
the undertaking.
c) a description of:
i) the environment that will be affected or that might reasonably be
expected to be affected, directly or indirectly, including fish and
wildlife habitat and significant woodlands;
ii) the effects that will be caused or that might reasonably be expected
to be caused to the environment; and,
iii) the actions that are necessary or that may reasonably be expected
to be necessary to prevent, change, mitigate or remedy the effects
or the effects that might reasonably be expected upon the
environment by the undertaking.
d) an evaluation of the undertaking's advantages and disadvantages.
It is the policy of the Municipality to involve the Saugeen Valley Conservation •
Authority whenever an EIS is required.
Official Plan March 23, 2006
Municipality of Kincardine 60
D7.7 ADJACENT LANDS
. In this Plan the Adjacent Land shall be defined as the relatively level land
measured 50 metres back from the Natural Environment designation.
Development within the Adjacent Lands shall only occur in accordance with the
following policies:
a) Development which may have a significant impact on lands located within
or adjacent to valleylands may require the preparation of an
Environmental Impact Statement, by the proponent, to ensure that lands
are not negatively impacted by the proposed development. An EIS shall
be prepared in accordance with Section D7.6.
b) Since the natural Environment designation includes the valley slopes but
may not always include the level land back from the top of the slope, the
potential for slope instability may not be fully addressed by this
designation alone. Therefore, the SVCA should be consulted prior to the
issuance of a building permit within 50 metres of the top of the valley
slope. The policy stated in Section D7.9.5 b) shall apply to proposed
developments within this setback area.
• c) No development or site alteration shall be permitted on adjacent lands
located within 120 metres of an identified Provincially Significant
Wetland (PSW) unless it can be shown through an Environmental Impact
Statement, completed in accordance with the criteria outlined in this Plan,
that there will be no negative impacts on the integrity of the wetland or its
ecological functions.
d) No development or site alteration shall be permitted on adjacent lands
located within 50 metres of an identified Locally Significant Wetland
(LSW) unless it can be shown through an Environmental Impact
Statement, completed in accordance with the criteria outlined in this Plan,
that there will be no negative impacts on the integrity of the wetland or its
ecological functions.
e) Development and site alteration may be permitted within 50 metres of the
ANSIs provided an acceptable Environmental Impact Study is completed
in accordance with the criteria outline in this Plan, which demonstrates
that there will be no negative impacts on the natural features or ecological
functions for which the area is identified.
D7,8 NATURAL ENVIRONMENT EXCEPTION - KINCARDINE HARBOUR
Notwithstanding any other section of this Plan, on lands referred to as the
Kincardine Harbour, and designated "Natural Environment - Exception", uses
related to the waterfront, such as marinas, restaurants, recreational facilities and
Official Plan March 23, 2006
Municipality of Kincardine 61
D7.9
D7.9.2
specialized retail uses shall be permitted, provided they comply with the
Municipality of Kincardine Waterfront Development Plan, and provided they •
meet the following design standards:
a) habitable uses shall not be permitted;
b) buildings shall be set back from the water's edge (edge of harbour wall) a
minimum of 6 metres;
c) buildings shall be floodproofed to the Regional Storm Flood elevation;
d) appropriate erosion and sediment control measures shall be used during
construction to prevent sediment entering the river;
e) public access to the waterfront is maintained; and,
fj approval of the SVCA shall be obtained prior to the issuing of a building
permit;
DEVELOPMENT CONSTRAINT AREAS
A study of all the slopes within the Municipality of Kincardine has been
completed by the Saugeen Valley Conservation Authority. This study identifies
areas within the Municipality with slope stability problems ranging from minor, to
moderate, to severe. The severe areas were noted to be: the east valley slope
bounded by Queen Street and Harbour Street; Kincardine Avenue between
Adelaide Street and Park Street; the west valley slope east of Victoria Street
between Lambton Street (extension) and Russell Street; the valley with the
tributary of the North Penetangore River between River Lane north to the former
Town of Kincardine limits; and, the west valley slope adjacent to the Kincardine
and District High School.
To augment the Natural Environment designation policies in this plan and to
recognize the slope instability problems in the Municipality, two Development
Constraint Areas are established as shown on Schedule `A'.
Development Constraint Area 1
A major project was completed by the Municipality and the Saugeen Valley
Conservation Authority in the area of Queen and Harbour Street to improve slope
stability for the existing development. The Penetangore River Slope Stability and
Erosion Control Project is designed to reduce the slope hazard but does not
completely remove the threat of soil instability. Therefore, the Development
Constraint Area shall continue to apply to the Queen St. - Harbour St. downtown
area. New development and redevelopment must still address possible soil
instability while also ensuring the project is not compromised.
Official Plan March 23, 2006
Municipality of Kincardine 62
D7.9.3 Development Constraint Area 2
Development Constraint Area 2 applies to the ancient glacial Lake Algonquin
bluff west of Penetangore Row and Huron Terrace. New development and
redevelopment should be designed to address site specific slope hazards found in
this area.
D7.9.4 Permitted Uses
The Development Constraint Area designation is an overlay designation designed
to recognize the potential for slope stability problems. Development within this
designation will be permitted in accordance with the underlay designation subject
to the policies in Section D7.9.
D7.9.5 Policies for Development Constraint Areas
a) New development or redevelopment shall not be permitted where the
Municipality or the Saugeen Valley Conservation Authority are of the
opinion that any aspect of an existing slope stability project, including the
. Penetangore River Slope Stability and Erosion Control Project, could be
compromised.
b) Studies may be required, such as geotechnical reports, prepared at the
proponent's expense, to address potential slope or soil instability concerns.
Such studies shall be prepared by a professional engineer and to the
satisfaction of the Municipality and the SVCA.
c) The areas within the Development Constraint Areas 1 and 2 shall be zoned
in a Holding Zone pursuant to Section 36 of the Planning Act. This zone
would only permit uses legally existing until such time as the Holding
provision is removed. The objective of this zoning approach is to ensure
that adequate measures have been undertaken to mitigate potential slope
and soil instability problems. The Holding provision will be removed
once the Council and the SVCA are satisfied through their approval of
plans or otherwise that the potential slope and soil instability problems
have been adequately addressed.
d) Lands affected by the Development Constraint Areas 1 and 2 will also be
• subject to Site Plan Control under Section 41 of the Planning Act.
Official Plan March 23, 2006
Municipality of Kincardine 63
D8 SHORELINE
D8.1 GOAL •
To promote the establishment of a resort community that will satisfy, to some
degree, the Provincial and local demand for recreational development and
encourage an orderly and efficient pattern of land use in the Lakeshore Area.
To provide the amenities and features associated with a resort community
including public open space areas and recreational facilities, natural
environmental features and commercial services.
To recognize and preserve the historic character of Inverhuron.
To establish a basis of permitting the development and redevelopment of the area
as a permanent residential settlement on the basis of full municipal services or
otherwise as may be appropriate.
D8.2 OBJECTIVES
a) To formulate policies and development standards designed to achieve •
orderly, compatible and attractive development.
b) To ensure that permanent residential development is located in areas
where appropriate municipal services are provided.
c) To protect those undeveloped shoreline areas for future public recreation
and open space.
d) To ensure the maintenance of the Shoreline Area and Inverhuron as
residential, resort and cottaging area.
e) To develop an efficient pedestrian and vehicular circulation system,
parking and to upgrade the road standards for the Plan area.
f) To discourage large traffic volumes within the residential portions of the
Plan area and to beaches.
g) To recognize areas having limited municipal services and prevent the need
to extend services to these areas to address environmental or health •
problems.
h) To plan for full sewer and water services for these areas.
i) To maintain and improve public access to the shoreline.
Official Plan March 23, 2006
Municipality of Kincardine 64
D8.3 PERMITTED USES
40 The permitted uses in the Shoreline designation include permanent and seasonal
dwellings, resort commercial uses, convenience commercial uses, institutional
uses serving the immediate community such as schools and places of worship,
marinas, public parks, campground and other outdoor recreational uses and
natural heritage features.
D8.4 GENERAL DEVELOPMENT POLICIES
D8.4.1 Development in this area shall only proceed when a complete and comprehensive
evaluation of a development proposal has taken place. The designation of land as
Shoreline is no assurance that any given land is suitable for development. New
developments proposed within this designation shall be reviewed using a
cautionary approach, with attention being given in particular to the impacts of
new developments on the natural features and ecological functions of the natural
environment. New development proposals within this designation shall be
assessed on their own merits and should site conditions be unable to support
sound, planned development, new proposals may be refused.
D8.4.2 Future development will generally occur on public roads built to Municipal
standards. Services such as school bussing, garbage collection and snow
ploughing will not be provided to development on existing private roads.
D8.4.3 The Council will encourage the acquisition of points of public access and public
open space areas along the Lake Huron shoreline where such become available,
for the purposes of developing water oriented public recreation areas.
D8.4.4 The Lake Huron lakeshore and beach areas will be retained in its natural state
where possible and the Council will take measures to prohibit vehicular access to
the lakeshore.
D8.4.5 All new development which is not along the waterfront must attempt to provide or
service access to the waterfront for its residents either through easements or
special agreements with waterfront owners for access; or through linkages of the
internal pedestrian movement system with existing public rights -of -way and
access points. The Municipality will encourage the provision of access through
open space corridors to the lake, where ever possible.
D8.4.6 Development will not be permitted where such development would result in
surrounding lands becoming landlocked or where the opportunity for the
provision of appropriate road access to adjacent lands is not maintained.
Official Plan March 23, 2006
Municipality of Kincardine 65
D8.4.7 Development shall not be located in areas which have a significant natural
habitat(s) or features, or where sites of historical, geological or archaeological
significance would be adversely affected. is
D8.4.8 Mobile homes will not be permitted.
D8.4.9 It is the intention of Council to control future development so as to ensure that
growth occurs in a logical and progressive manner from the built-up area to
facilitate a continuity and efficient utilization of road and services. In this regard,
new development will be discouraged where services such as roads, water and
sewage lines must be extended through vacant or undeveloped parcels of land
unless the appropriate agreements are in place to enable the intervening lands to
utilize those services.
D8.4.10 The Municipality and the County recognize that portions of the Huron Fringe
Shoreline area that is designated Shoreline and Industrial meet the criteria of
Significant Woodlands. Before development is to occur in this portion of the
Shoreline and Industrial designations, a Regional Woodlands Study is to be
completed. The results of the study are to be implemented into this Plan by
amendment.
D8.4.11 Written permission may be required from the Saugeen Valley Conservation
Authority pursuant to Ontario Regulation 97/04 — Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses where development or
site grading is proposed within a Regulated Area as shown on schedules filed
with the SVCA where such mapping exists or otherwise generally within or near
the Natural Environment designation.
D8.5 SHORELINE RESIDENTIAL USES
D8.5.1 Permitted Uses
The predominant use of land designated Shoreline shall be for detached
residential dwellings occupied on a permanent or seasonal basis. In addition,
other complimentary and compatible uses such as local parks, public utilities,
convenience retail uses, limited resort commercial uses, bed and breakfast
establishments, a limited number of detached residential dwellings for year-round
occupancy and existing non -intensive agricultural uses, will also be permitted.
The construction of permanent homes and the conversion of cottages from
seasonal to permanent use shall only be permitted where current servicing
standards are met.
Official Plan March 23, 2006
Municipality of Kincardine 66
i
0
D8.5.2 Policies
D8.5.2.1 New Development
New development will generally take place by registered plan(s) of subdivision or
condominium. Consents for new lots may be permitted for infilling or minor
extensions to the built-up area.
Lineal subdivision development will be discouraged and preference will be given
to subdivisions which utilize a cluster design and orient public space to the
lakeshore.
When reviewing proposals for new residential development the approval authority
shall review the proposal in the context of the growth targets outlined in Section
B 1.4 and the housing targets outlined in Section D 1.4.
Depending upon the scale and intensity of a proposed new development, the
Municipality may require the completion of an Environmental Impact Study in
accordance with the criteria outlined in this Plan, and may also require additional
• supporting information, to assess the impacts of the proposal on the natural
environment and ensure that the protection of significant environmental feature.
D8.5.2.2 Development and Servicing Standards
Any development in excess of three units or lots shall be supported by a servicing
options report outlining the most appropriate form of servicing for the
development in accordance with Section E, Municipal Services.
Storm drainage shall be considered in all development applications and will be
required to meet the municipality's standards.
In order to avoid causing undue hardship on those existing lots which were
created in the past on private substandard roads, it is the policy of this Plan that
such lots may be zoned to permit the construction of a residential dwelling where
there is no desire by the residents to see the roads taken over by the Municipality,
or where the Municipality is not interested in assuming the road subject to:
a) a minimum lot area of 1,000 m2 (10,764 sq. ft.) and a minimum lot
• frontage of 15 m (50 ft.);
b) satisfactory arrangements being made for the provision of emergency
vehicle access to the lots;
Official Plan March 23, 2006
Municipality of Kincardine 67
D8.5.2.3
D8.5.2.4
c) any necessary arrangements including a registerable agreement being
entered into between the owner and the municipality regarding the •
provision of municipal services to the lot; and,
d) any other applicable policies contained in this plan.
On site servicing costs will be borne by the developer.
Density for Shoreline Residential Uses
Lot Density and Lot Size — Lots Serviced by Full Municipal Services or
Communal Services.
The overall density for all new development shall not exceed five units per gross
hectare. The minimum lot area for all new development shall be not less than
1800 square metres. An average lot frontage of 30 metres shall also be
maintained. The frontage to depth ratio shall be a maximum of 1:3.
Smaller lot sizes may be considered where they are consistent with the lot size
and density in the immediate area.
Lot Density and Lot Size - Lots Serviced by Private Waste Disposal and Private •
Water.
The minimum lot are for all new development shall be no less than 1.0 ha per lot
unless a smaller lot size is supported by a `Hydrogeological Report' and `Sewage
Disposal Suitability Report' as outlined in Section `E' Municipal Services.
An average lot frontage of 30 metres shall also be maintained. The frontage to
depth ration shall be a maximum of 1:3.
Policies for Dwellings for Year Round Occupancy
Where residents choose to occupy dwellings on an extended seasonal or
permanent basis in areas where the Municipality does not presently provide
services such as snow removal, garbage collection, school bussing, fire protection
or policing on a year round basis they shall be required to complete an agreement
with the Municipality wherein the owners and inhabitants acknowledge the lack
of such services and indemnify the Municipality against any claims that may arise •
from the extended occupation of the lands.
The construction of permanent homes and the conversion of cottages to
permanent use shall only be permitted:
a) where the lot fronts on and has direct access or deeded access from a
travelled public road maintained on a year round basis;
Official Plan March 23, 2006
Municipality of Kincardine 68
0
0
b) on full services, or
i) where the type of sanitary disposal facilities, size of lot and
groundwater conditions are suitable for the year round operation of
an individual sewage disposal system, subject to the approval of
the Grey Bruce Health Unit or the Ministry of the Environment.
Where a large number of private sewage systems exist in one area,
a study of the capacity for continued use should be undertaken to
the satisfaction of the approval authority.
on a water supply system which is suitable for operation on a year
round basis, subject to the approval of the Grey Bruce Health Unit
or the Ministry of the Environment,
c) in areas where year round road maintenance, school bus service, fire
protection, garbage collection, and snowploughing during the winter
months is provided by the Municipality or other public body or agency or
where the owners have completed an agreement with the Municipality
acknowledging that these services may not be available on a year round
basis;
d) where the subject residence meets the standards of both the Ontario
Building Code and the Municipality by-laws for permanent residences;
e) Council may, in accordance with The Planning Act, Section 35(4), include
in its Restricted Area (Zoning) By -Law provisions for a Certificate of
Occupancy, without which no change may be made in the type of use of
any land or building. Such a provision would allow the municipality to
keep track of and thereby control the conversions of seasonal dwellings to
permanent residences; and,
f) where the Restricted Area (Zoning) By -Law provides for a Certificate of
Occupancy, the conversion of a seasonal dwelling to a permanent
residence will require a Certificate of Occupancy. Such a certificate for
conversion will not be issued unless all of the above conditions are met.
D8.5.2.5 Parks and Landscaping
Where a plan of subdivision. condominium or consent includes lakefront
. property, a continuous public water -front strip, up to 50 m wide measured from
the high water level or the lands defined as flood plain or hazard lands, whichever
is greater, should be conveyed to the municipality, together with suitable public
pedestrian access. Where these lands are not considered environmentally
sensitive such dedications may be considered as part or all of the parkland
dedication required under the provisions of The Planning Act. On inland
Official Plan March 23, 2006
Municipality of Kincardine 69
D8.5.2.6
D8.5.2.7
D8.6
Mom:. i
developments, walkways will be provided and designed so as to link adjacent
open space or other walkways leading to the lakeshore.
The Municipality of Kincardine holds a marine allowance along the Lake Huron
shoreline which is available for public use. Because of fluctuations in the high
water mark, the marine allowance can be considered as part of the above
mentioned 50 m public waterfront strip.
In making their applications, developers will be required to retain and protect
natural features and as much tree cover as possible. In areas of significant
woodlands a tree preservation plan shall be required.
Agricultural Code of Practice
In order to protect the farm community to the east of the Plan area, Council will
employ the Minimum Distance Separation formula of the Provincial Policy
Statement in its land use decisions.
No new development will be permitted within the minimum distance separation
arcs of the farm operations along Lakeshore Road, without consulting the
Ministries of Agriculture and Food and Environment. 0
Implementation
All residential land use categories shall be reflected in a separate category in the
implementing Restricted Area By -Law.
SHORELINE COMMERCIAL USES
Convenience Retail Uses
Convenience retail uses or similar commercial uses which serve the day to day
needs of the residents of the Shoreline Area will be permitted subject to re -zoning.
In reviewing an application to rezone for this purpose, the Council will ensure
that:
a) the proposed use is needed and will primarily serve the immediate
neighbourhood. 0
b) the neighbourhood which the proposal will serve is adequately developed
to sustain the commercial operation.
c) the proposed use will not generate a surplus of similar uses in the
neighbourhood.
Official Plan March 23, 2006
Municipality of Kincardine 70
d) adequate off-street parking is provided.
• e) adequate buffering is provided between such a use and adjacent residential
areas by such means as landscaping and building setbacks.
f) the maximum gross retail floor space is limited to 185 m2.
D8.6.3 Tourist Commercial Uses
Commercial uses may be permitted in the Shoreline Residential area subject to
rezoning. Resort Commercial uses may only include a private park, a lodge, a
resort hotel, a cabin rental establishment, a marina and boat rental facility or a
restaurant. For the purposes of this section, a private park does not mean a
seasonal campground or a mobile home park. In reviewing an application to
rezone for this purpose, the Council will ensure that:
a) the proposed use is of a scale and character compatible with adjacent
residential uses;
b) large volumes of vehicular traffic from the proposed use will not be
• incompatible with nearby residential uses;
c) adequate off-street parking is provided; and,
d) that adequate buffering is provided between a resort commercial use and
adjacent residential areas by such means as screening, landscaping and
building setbacks.
D8.6.4 The Zoning By-law will establish standards for tourist commercial developments
may be permitted on the basis frontage on the water per unit and a maximum
density base on units per hectare where a unit is defined as:
a) a tent site
b) a trailer site
c) a rental cabin or rental cottage
d) a room or suite in a hotel, motel or lodge.
• The Zoning By-law standards will reflect the character of the existing
development in the Municipality. Densities up to a maximum of two metres
frontage on the water body per unit and a maximum density that does not exceed
ten units per hectare, may be permitted through an amendment to the zoning by-
law subject to the developer:
Official Plan March 23, 2006
Municipality of Kincardine 71
a) proving to Council's satisfaction through an impact study, that there will
be no significant negative impact on the environment, the water body
capacity, and the property values and quiet enjoyment of surrounding •
owners; and,
b) entering into a Site Plan Agreement with the municipality limiting boat
docking/launching facilities and making provision for land based
recreational facilities such as a golf course, tennis courts or swimming
pools.
Shoreline developments that combine residential and commercial uses, including
fractional ownership, time share, cooperatives, or condominiums shall meet
frontage and density requirements based on the proportion of the development
used for residential and commercial purposes.
D 8.6.5 Implementation
All commercial land use categories shall be reflected in a separate category in the
implementing Restricted Area By -Law.
•
Official Plan March 23, 2006
Municipality of Kincardine 72
D9 FUTURE DEVELOPMENT
D9.1 Areas designated as Future Development represent lands directly adjacent to the
Urban Service Area of Kincardine and are most likely to form part of the urban
area at some time in the future. For this reason, development of these lands for
intensive agricultural uses or other uses that may preclude the orderly expansion
of the Kincardine urban area shall not be permitted in theses areas.
D9.2 Uses permitted in the Future Development designation shall include existing uses
as of the date of adoption of this Plan, low intensity agricultural uses in
compliance with the MDS formula and rural residential uses on existing lots.
Existing uses may be permitted to expand provided that the expansion does not
involve significant alteration to the landscape or major capital investment in roads
and services. New uses or major expansions to existing uses will require an
amendment to this Plan.
D9.3 Lands located in Lots 1, 2 and 3 in the Third Concession south of Durham Road
are recognized as having draft plan approval for 100 residential mobile homes as
of the date of approval of this Plan. Minor changes to the form of housing and or
alternative servicing options for this development may be considered through an
goamendment to the zoning by-law.
D9.4 In the event that residential development occurs at a rate significantly higher than
that projected by this Plan, the Future Development lands north and east of the
lands presently designated Residential shall be re -designated to accommodate
future growth.
n
Official Plan March 23, 2006
Municipality of Kincardine 73
SECTION "E"
MUNICIPAL SERVICES
El GOAL
Adequate and efficient systems of water supply, sanitary sewers, storm drainage,
emergency services and waste disposal will be provided to all areas of
development in the Municipality of Kincardine.
E2 OBJECTIVES
E2.1 Municipal sewage services and municipal water services are the preferred form of
servicing for all settlement areas. Intensification and redevelopment within
settlement areas on existing municipal sewage services and municipal water
services should be promoted wherever feasible.
•
E2.2 New development or redevelopment within the Kincardine, Tiverton and
Inverhuron Settlement areas identified on Schedule A, B and C shall only take
place on the basis of full municipal services, (i.e. municipal sanitary sewers,
municipal water, storm drainage and waste disposal). It
E2.3 Premature development which would require the extension of existing municipal
services and create an economic burden on the Municipality of Kincardine will
not be approved
E2.4 All prospective subdividers will enter into a subdivision agreement with the
Municipality, which incorporates conditions for servicing the development.
E2.5 The Municipality will continue to monitor its municipal services to ensure that
future growth can be accommodated.
E3 POLICIES
E3.1 A programme will be undertaken to provide sanitary sewer service for developed
areas within the defined urban areas of the municipality. In some instances uses
that presently utilize private services may continue to be serviced in that manner
where physical conditions would make costs to provide full municipal services
prohibitive. This would apply to isolated homes separated from main sewer lines
by river valleys or long distances.
Official Plan March 23, 2006
Municipality of Kincardine 74
E3.2 Growth in the community of Tiverton is contingent on supplying that community
with an expanded water supply. The Municipality will complete an
Environmental Assessment process to determine the most appropriate means to
supply water to the present and future residents in Tiverton.
E3.3 The sewage treatment plant servicing the Kincardine urban area is designed for a
population capacity of approximately 10,000 people, and approximately 8,600 of
this capacity has been allocated through either existing development or approved
lots. Thus the reserve capacity is 1,400 persons. The actual volume capacity as
opposed to population capacity being used at present is approximately 50 per cent
of the total volume capacity available. This is sufficient to accommodate
projected development within the community and hauled sewage from other
sources in the Municipality.
E3.4 The Municipality will continue to utilize sewage treatment capacity available at
the Ontario Power Generation (O.P.G.) facility in Inverhuron. There is sufficient
capacity in this system to provide sewage treatment services for the communities
of Tiverton and Inverhuron. Shoreline areas that are in need of full municipal
services due to health risks may also have the ability to utilize available services
• from this facility subject to agreements between the Municipality and OPG.
E3.5 The Municipality of Kincardine Valentine Site has a projected capacity of 5 years.
This projection is based on present annual tonnages being received and the
presented recycling and composting programs remaining in place. The
Municipality shall continue to promote a progressive waste management within
the community.
E3.6 The Municipality may consider reduced servicing standards as new servicing
standards become accepted. Any developer proposing to use such methods (e.g.
natural percolation or shared services) must demonstrate to Council and the
Ministry of the Environment that these alternative methods are acceptable in
terms of environmental, health and quality standards.
E3.7 In order to control flooding, ponding, erosion and sedimentation, and to protect as
much as possible aquatic habitat and water quality, appropriate stonnwater
management techniques shall be required for plans of subdivision, developments
with more than five lots, developments with large impervious areas or other
developments as may be determined by the Conservation Authority as to the
• Municipality. Stormwater management plans and lot grading plans, or similar
types of plans, shall be provided by proponents to Council for approval, in
consultation with the Saugeen Valley Conservation Authority.
Stormwater management techniques
are constantly evolving
as well
as being
dependent on the location. Thus
new development will
comply
with the
stormwater management standards
in general acceptance
at the
time a
Official Plan March 23, 2006
Municipality of Kincardine 75
development application is made, through consultation with the Conservation
Authority.
•
Such plans may be required for other development, as determined by the
municipality in consultation with the Conservation Authority, if the area has
existing drainage problems or if runoff could significantly affect adjacent lands or
water quality.
In accordance with the Ministry of the Environment's "Stormwater Management
Planning and Design Manual" dated March 2003, both stormwater quality and
quantity treatment is required for those development proposals that are subject to
the stormwater management criteria outlined in this Plan in which drainage is to
outlet directly to Lake Huron.
E3.8 It shall be a policy of the Municipality that all new development, redevelopment
and infilling in the Kincardine, Tiverton and Inverhuron Settlement areas and
redevelopment shall be provided with full municipal water supply and municipal
sewage disposal services, to such standards as may be required.
E3.8.1 Notwithstanding Policy E3.8, sanitary and water services for new development,
infill and redevelopment within the Shoreline designation as identified on •
Schedule `C' shall be provided based on the following hierarchy of services:
a) full municipal services;
b) combination of municipal service and communal service (i.e., municipal
water + communal septic);
c) private communal services;
d) private services limited to the development of five or fewer lots or private
residences provided the policies of Section E3.8.3 and E3.8.5 are met;
e) partial services provided the policies of Sections E3.8.3 and E3.8.4 are
met.
E3.8.2 Communal services shall be owned, operated and maintained by a condominium
corporation or through assumption of ownership, operation and maintenance of
the service by the Municipality.
E3.8.3 A `Hydrogeological Report' evaluating the quantity and quality of water available •
shall be submitted for all new development, infill or redevelopment in the
Shoreline designation that is not serviced by municipal water service.
Official Plan March 23, 2006
Municipality of Kincardine 76
A `Sewage Disposal Suitability Report' evaluating the potential impact of such
disposal shall be prepared and submitted for all new development, infill or
• redevelopment in the Shoreline designation that is not serviced by municipal
sewage services. The Report shall reference MOE Procedure D-5-4 `Technical
Guideline for Individual On -Site Sewage Systems: Water Quality Impact Risk
Assessment"'.
E3.8.4 Partial services shall only be provided for `infill' or the `rounding out of existing
development' in the Shoreline designation.
`Infill' shall be defined as the development of lands between two existing
dwellings or an intersecting roadway on the same side of the road provided that
the dwellings are not more than 90 metres apart.
`Rounding out of existing development' shall be defined as new development or
redevelopment that will have one or more dwellings constructed immediately
adjacent to an existing developed area of five or more existing dwellings that are
all currently partially serviced.
E3.8.5 Private water supplies and sewage disposal systems may only be permitted for
• existing lots and lots created by consent where connection to a municipal service
is not feasible or is financially prohibitive.
A municipal service shall be considered `not feasible' when the `end of the
municipal sewer or municipal water pipe' is more than 150 metres from the
closest edge of the proposed/existing lot or sufficient water pressure/capacity or
pumping capacity is not available at the end of the service pipe.
A municipal service shall be considered `financially prohibitive' when the cost of
construction and installation of the municipal sewer or municipal water service
exceeds three (3) times the cost of an equivalent individual on -site system.
E3.8.6 Development Agreements that provide for an equitable distribution of the costs of
future servicing will be a prerequisite of all development ore redevelopment not
on full municipal services.
E3.8.7 All new lots developed or redeveloped on private services must be designed for
future connection to municipal water and sewage systems.
• E3.9 The Municipality shall initiate a program to extend its water/sewage works to
areas within the Municipality which are on private services, except where
physical conditions would make costs prohibitive.
Official Plan March 23, 2006
Municipality of Kincardine 77
E3.10 Adequate reserve capacity in the Municipality's water/sewage works must be
demonstrated to be available to accommodate proposed development. Limitations
in the capacity or operating performance of the water/sewage works shall be is
recognized as a constraint to the timing of new development.
E3.11 The Municipality shall pass by-laws and enter into agreements, including
financial arrangements, with property owners for the installation of municipal
services.
Partial services shall only be permitted in the following circumstances:
a) where they are necessary to address failed individual on -site sewage
services and individual on -site water services in existing development; and
b) within the shoreline areas, to allow for infilling and rounding out of
existing development on partial services provided that development is
within the reserve sewage system capacity and reserve water system
capacity and site conditions are suitable for the long-term provision of
such services.
�J
0
Official Plan March 23, 2006
Municipality of Kincardine 78
SECTION "F"
TRANSPORTATION
F1 GOAL
A comprehensive, well -planned efficient transportation network will be
developed which provides for the safe movement of people and goods and
services to reduce travel time and provide a reasonable number of alternative
routes and methods.
F2 OBJECTIVES
F2.1 The Municipality shall plan for and protect corridors and rights -of -way for
vehicular transportation, transit and infrastructure facilities to meet current and
projected needs.
Land use decisions and all development proposals shall have regard to the
implications for the transportation network.
F2.2 The preservation and reuse of abandoned corridors for purposes that maintain the
corridor's integrity and continuous linear characteristics should be encouraged,
wherever feasible.
Channelization of through traffic to the appropriate major traffic routes will be
required.
F2.3 Transportation links to nearby industries and other centres within the County and
Province will be improved and encouraged in conjunction with appropriate
agencies.
F2.4 A pedestrian movement system, including sidewalks, walkways and trails shall be
encouraged.
F2.5 Major traffic hazards, such as poorly designed intersections, confusing road signs
and narrow roadways, will be eliminated as transportation improvements are
undertaken.
F2.6 The airport shall be protected from land uses that may impact its growth and
Is development.
Official Plan March 23, 2006
Municipality of Kincardine 79
F3 CLASSIFICATION
Transportation will be by road, railway and water. Road transport is the mode of
transportation of greatest importance to the Municipality of Kincardine at present.
Roads are divided into three (3) major categories:
F3.1 PROVINCIAL HIGHWAYS
Provincial Highways are under the jurisdiction of the Ministry of Transportation.
The role, function, and control of provincial highways is sole responsibility of the
Ministry of Transportation.
Highway # 21 is classified as a controlled access highway by the Ministry of
Transportation, and as such no new private entrances to the highway will be
permitted.
F3.2 ARTERIAL
Arterial roads are designed to handle movement of traffic on as many as four (4)
traffic lanes within or through the Municipality and provide limited access to
abutting properties. All County Roads are considered arterial roads. Where
possible, arterial roads shall have a minimum right- of -way width of 30 metres
(100 feet). Sidewalks shall be provided on both sides of Arterial roads.
F3.3 COLLECTOR
Collector roads are designed to collect and carry local traffic to the arterial roads
or distribute traffic to the local roads on two (2) or four (4) traffic lanes and
provide some access to abutting properties. Collector roads shall have a
minimum right-of-way width of 20 metres (66 feet). Collector roads are shown
on Schedule A and B and C. The precise location of these roads will be
determined in the subdivision process. Sidewalks shall be provided on both sides
of collector roads.
F3.4 LOCAL
Local roads are designed primarily to provide access to abutting properties and to
discourage the movement of through traffic. Except in areas of special
development requiring reduced development standards, local roads shall have a •
minimum right- of -way width of 20 metres (66 feet). Sidewalks shall be provided
on one side of local roads.
Official Plan March 23, 2006
Municipality of Kincardine 80
F3.5 LAND ACQUISITION
As a condition of development or redevelopment, including land division,
condominium approval or site plan control, the approval authority may require
lands to be dedicated free of charge to the appropriate road authority in order to
achieve the planned right of way width.
F4 POLICIES
F4.1 GENERAL
F4.1.1 Airport improvements will be continued by the Municipality, in co-operation with
the Municipality of Kincardine. Development that would impede the expansion
of the airport shall not be permitted. In order to permit the expansion of the
airport no residential development will be permitted within the 28 NEF contour
associated with the airport.
F4.1.2 Development of a high order transportation node north of Kincardine, where air,
water, rail and highway transportation uses would converge will be encouraged.
F4.1.3 The development and improvement of water transportation facilities will be
encouraged.
F4.1.4 The Municipality, in co-operation with other agencies, shall seek to improve
pedestrian access to the lakeshore.
F4.2 ROADS
F4.2.1 Direct access to roads will be restricted where it would be adversely affecting the
design capacity and function of the road. Residential lots created in a plan of
subdivision will be prohibited to front on any arterial road.
F4.2.2 The Municipality will co-ordinate with other agencies, including the County of
Bruce and the Ministry of Transportation responsibilities for maintenance and
improvement of roads within the Municipality.
F4.2.3 The Public Works Committee of Council, in conjunction with the Municipality
Police Department and Emergency Services Coordinator, shall identify major
traffic hazards. These shall be progressively eliminated as funds become
available on a priority basis.
F4.2.4 Council shall investigate the placing of signs on the Highway Number 21, to
direct motorists to the downtown area and other points of interest.
Official Plan March 23, 2006
Municipality of Kincardine 81
F4.2.5 Highways No. 21 and 9 are under the jurisdiction of the Ministry of
Transportation. All development adjacent to this facility will require
building/land use, entrance and sign permits to be obtained prior to construction 18
being undertaken.
F4.2.6 Roads shall be located and designed to maximize safety and minimize
maintenance especially as it relates to snow and wind effects.
F4.3 PEDESTRIAN
F4.3.1 Pedestrian walkways will be developed to connect major Commercial, Residential
and Open Space areas in a continuous system.
F4.3.2 Pedestrian access from the downtown to the harbour area will be improved, to
stimulate the function of the harbour as focal point for the downtown.
F4.3.3 In all new road construction, particularly bridges, consideration shall be made of
the need for a separate pedestrian walkway.
F4.3.4 The development of pedestrian walkways along the lakeshore and the
Penetangore River Valleys shall be encouraged.
Official Plan March 23, 2006
Municipality of Kincardine 82
P
0
0
11
SECTION "G"
LAND DIVISION POLICIES
G1 PURPOSE
It is the intent and purpose of this Plan that by its adoption, the Municipal Council
adopts the following Land Division Policy. It is intended that these policies will
be adhered to by Council and any other agencies influencing the creation of new
lots within the Municipality.
G2 POLICIES
G2.1 Development shall be in accordance with the designated uses as shown on the
Land Use Plan (Schedules A, B and C) and the applicable policies of this Plan,
and the provisions of the Zoning By -Law.
G2.2 The division of land will take place in the following ways:
a) By registered plan of subdivision; or
b) By consent of the Land Division Committee for the conveyance of land
into smaller parcels.
G2.3 It is intended that most new lots will be created by the registered plan of
subdivision process, particularly in the development of new areas, and in
accordance with the following criteria:
a) Plans of subdivision or condominium will be required for the creation of
new lots, where a parcel of land under single ownership has a potential for
more than five (5) lots and/or, where additional public road(s) will be
created. Creation of new lots by consent shall only be considered where a
plan of subdivision is deemed not to be required by the Municipality.
b) Council shall recommend the approval of a plan of subdivision only if it is
satisfied that the subdivision can be provided with adequate utilities and
standards as required by this Plan; and that the plan of subdivision is not
premature and will not adversely affect the financial position of the
Municipality, and is in the public interest.
c) Proposals for approval of a plan of subdivision shall be prepared to a
standard acceptable to Council, and the subdivider shall enter into such
agreements with the Municipality as are required by this Plan.
Official Plan
Municipality of Kincardine
March 23, 2006
83
d) In any case where the land involved in an application for a plan of
subdivision or condominium is within, partly within or within 120 metres
of areas designated Natural Environment and/or Development Constraint,
such application shall be accompanied by an Environmental Impact
Statement/Study, prepared to the satisfaction of the Saugeen Valley
Conservation Authority. Such Statement/Study shall review and assess the
impact/appropriateness of the proposed land use(s) on the Natural
Environment and/or Development Constraint.
G2.4 If a registered Plan of Subdivision is not deemed necessary, consents may be
granted subject to the following criteria:
a) Consents for new lots will only be permitted where a parcel of land under
a single ownership has a potential of not more than five (5) lots and there
is no possibility of further land division of the lands.
b) Consents will be granted in areas where the undue extension of any major
Municipal service will not be required.
c) Consents shall be primarily used to infill existing developed areas.
Infilling means the development of lands between two existing dwellings .
or an intersecting roadway on the same side of the road provided that the
dwellings are not more than 100 metres apart
d) The size of any parcel of land created by consent shall be appropriate for
the use proposed and in no case will any parcel be created or remain which
does not conform to the provisions of the Zoning By -Law.
e) Both the severed and retained parcels shall have adequate frontage and
access onto a public road which is of a reasonable standard of
construction.
f) Consents will not be granted for land adjacent to a road from which access
is to be obtained where a traffic hazard would be created because of
limited sight lines or curves or grades or proximity to an intersection.
g) Ribbon development along arterial roads shall be prevented and direct
access to arterial roads shall be restricted.
h) The topography, soils and drainage of the site are satisfactory for the lot •
size and uses proposed.
i) In any case where the land involved in the application is within, partly
within or within 120 metres of areas designated Natural Environment
and/or Development Constraint, such application shall be accompanied by
an Environmental Impact Statement/Study, prepared to the satisfaction of
Official Plan March 23, 2006
Municipality of Kincardine 84
the Saugeen Valley Conservation Authority. Such Statement/Study shall
• review and assess the impact/appropriateness of the proposed land use(s)
on the Natural Environment and/or Development Constraint.
j) Consents to be granted shall be conditional upon an agreement being
entered into with the Municipality, if required by the Council.
•
k) In cases where the land involved is within the area identified in subsection
C1.3.5. Council shall, in consultation with the Ministry of Natural
Resources, ensure that the applicant has reviewed all available information
and identified any known abandoned oil, gas or brine wells, and that any
necessary corrective measures to eliminate any hazard will be taken. In
addition, Council will advise applicants that should old brining wells or
flow of water, especially salt water, be encountered during the course of
construction, the Petroleum Resources Section, Southwest Region,
Ministry of Natural Resources, should be contacted.
1) As a condition of approval Council may require the dedication of parkland
or cash -in -lieu of parkland in accordance with Section 5.4.2 and road
widenings in accordance with Section F3.5.
Official Plan March 23, 2006
Municipality of Kincardine 85
SECTION "H"
IMPLEMENTATION •
H1 ZONING BY-LAW
Following the adoption of this Plan, the existing Zoning By -Law shall be
reviewed and, if necessary, a new By -Law shall be prepared and passed by
Council to establish:
a) Suitable land use zones to permit the types of development intended by
this Plan;
b) Site development standards appropriate to each type of development;
c) Other development regulations, as required to meet the intent of this Plan.
The Zoning By -Law is not intended to zone each area initially for the ultimate use
as designated by this Plan. Generally, lands will be zoned to reflect existing uses
and when conditions are deemed suitable for development in accordance with the
policies and land use designations of this Plan, they will be rezoned in an •
appropriate category to permit the uses set forth in this Plan. Where existing land
uses are in conflict with this Plan, they may be zoned in accordance with the land
use designation in this Plan and rendered legal non -conforming.
The Council and any planning related bodies having jurisdiction in the
Municipality, shall ensure conformity to the intent of this Plan in considering
applications to amend the Zoning By -Law.
H2 MINOR VARIANCES
Where an existing lot and/or an existing building or structure does not meet the
standards of the Zoning By -Law, the erection of a structure will be permitted only
upon application to, and with the approval of the Committee of Adjustment, for a
minor variance. In considering an application, the Committee will have regard for
the following matters in addition to those matters outlined Section 45 of the
Planning Act.
a) It is not possible for the applicant to alter his/her building plans or to
acquire sufficient property to comply with the minimum requirements
without creating undue hardship.
b) The side yards are of sufficient width to ensure that provision is made for
adequate light and air with respect to subject lot and adjoining lots and to
ensure that there is adequate space for service lines, building maintenance,
and emergency access.
Official Plan March 23, 2006
Municipality of Kincardine 86
c) Adequate provision is made for vehicular access and off-street parking on
• the lot.
d) Building coverage does not preclude the provision of adequate landscaped
areas on the lot.
e) The lot and building size and architectural character (bulk and height) of
the proposed dwelling are in keeping with adjacent development and the
general intent of the provisions of the Zoning By -Law.
fj The proposed dwelling is sited and/or designed in such a manner that a
reduction in the minimum lot width and area does not adversely affect the
amenity of the surrounding properties.
g) The Municipal services available are sufficient to accommodate the
proposed use.
H3 NON -CONFORMING USES
H3.1 Legal non -conforming land uses are those uses which do not conform to the
• Zoning By -Law but which lawfully existed on the day of the passing of the By -
Law; or, those uses the plans for which were approved by the Building Inspector
prior to the date of passage of the Zoning By -Law.
H3.2 As a general rule, non -conforming uses throughout the Municipality in the long
run, should cease to exist so that the land affected may revert to a use which
conforms with the intent of this Plan and the provisions of the implementing
Zoning By -Law. In special instances, however, it may be desirable to permit the
extension or enlargement of a non -conforming use in order to avoid unnecessary
hardship, providing the application conforms with the policies of this Section.
H3.3 Before approving any application for the extension or enlargement of an existing
land use, Council will consider the feasibility of either acquiring the property
immediately or in the future, as well as considering the possibility of holding,
selling, leasing or redeveloping it. Special attention will be given in these cases,
to the re-establishment of the use in a different location where better conditions
exist and the use conforms with the planning policies of the Municipality.
H3.4 If acquisition does not appear feasible and if the merits of the individual case
• make a permission to grant the extension or enlargement of a non -conforming use
desirable, Council may consider the passing of a Zoning By -Law amendment
without amending the Official Plan, if it complies with the policies of this
Section. Alternatively, the Committee of Adjustment may grant an extension or
enlargement under Section 45 of the Planning Act. However, the Council or
Committee will have regard to the following matters, where relevant:
Official Plan March 23, 2006
Municipality of Kincardine 87
a) The proposed extension or enlargement of the established non -conforming
use shall not unduly aggravate the situation created by the existence of the
use.
b) The proposed extension and enlargement shall be in an appropriate
proportion to the size of the non -conforming use established prior to the
passing of the Zoning By -Law. In no case shall the extension exceed 25
per cent of the established use.
c) The characteristics of the existing non -conforming use and the proposed
extension or enlargement shall be examined with regard to noise,
vibrations, fumes, smoke, dust, odours, lighting and traffic generating
capacity.
d) The neighbouring conformity uses will be protected, where necessary, by
the provision of areas for landscaping, buffering or screening, appropriate
setbacks for buildings and structures, devices and measures to reduce
nuisances and where necessary, by regulations for alleviating adverse
effects caused by outside storage, lighting, advertising signs, etc.
0
e) Traffic and parking conditions in the vicinity will not be adversely •
affected, by appropriate design of access points to and from the site and
improvement of sight conditions, especially in proximity to intersections.
f) Adequate provisions will be made for off-street parking and loading
facilities.
g) Municipal, County or Provincial services such as water, sanitary and storm
sewers, roads and emergency services will be made adequate.
H3.5 In addition to being satisfied with respect to the foregoing, property owners in the
vicinity of an application for extension or enlargements to non -conforming uses
will be notified to obtain their comments.
H4 STATUS ZONING
Uses of land which existed legally at the date of adoption of this Official Plan and
which do not conform with the Plan, may be zoned in accordance with the use and
performance standards that existed on that date provided that:
a) The zoning will not permit any significant change of use or zone •
provisions that will aggravate any situation detrimental to adjacent
complying uses.
Official Plan March 23, 2006
Municipality of Kincardine 88
b) The uses to be recognized shall be zoned in such a way that any significant
enlargement or expansion of the use must be by amendment to the Zoning
By -Law.
c) They do not constitute a danger to surrounding uses and persons by virtue
of their hazardous nature or traffic they generate.
d) They do not pollute land and/or water to the extent of interfering with the
ordinary enjoyment of the property.
e) They do not interfere with the desirable development or enjoyment of the
adjacent area.
H5 PROPERTY MAINTENANCE AND OCCUPANCY
STANDARDS BY-LAW
Council will continue using its Property Maintenance and Occupancy Standards
By -Law, which prescribes standards for the maintenance and occupancy of all
property within the Municipality of Kincardine. The standards of the By -Law
generally apply to health and safety aspects of all properties. It prohibits the
is
occupancy or use of property that does not conform to the standards and causes
property below the standards to be repaired and maintained to comply with the
standards or be cleared of all buildings, structures, debris or refuse and left in a
graded and level condition.
The By -Law will continue to be enforced by an Enforcement Officer and a
Property Standards Committee will review orders issued by the Officer.
Where necessary, a By -Law will be passed in accordance with Section 32 of The
Planning Act to provide for the making of grants or loans to registered or assessed
owners of land to pay for the whole or any part of the cost of required repairs,
cleaning, grading and levelling of lands or rehabilitating contaminated lands on
such terms and conditions as prescribed by Council.
H6 SITE PLAN CONTROL
The intent of Site Plan Control generally is to improve the efficiency of land use
and servicing and to encourage a visually attractive built environment for the
. Municipality of Kincardine.
Pursuant to Section 41 of The Planning Act, 1990, as amended from time to time,
the whole of the Municipality of Kincardine is designated a proposed Site Plan
Control area.
Official Plan March 23, 2006
Municipality of Kincardine 89
H6.1 While specific areas and uses where Site Plan Control will apply will be
designated by By -Law, it is intended that 'Residential Low Density' uses which
include single and semi-detached dwelling and group homes, will be exempt. 40
Home based business, Bed and Breakfast Establishments and Garden Suites are
not exempt from Site Plan Control. Such uses however, may be subject to Site
Plan Control in areas which exhibit physical and/or environmental constraints
(e.g. within the Natural Environment designation, Development Constraint Area);
or, for special development proposals involving reduced development standards.
H6.2 The basic criteria to be used for reviewing development proposals are contained
in the relevant policies of this Plan. Through the application of these polices the
Municipality will seek to provide for development which, without limiting the
foregoing, will:
a) be functional for the proposed use;
b) be properly designed for on -site services and facilities;
c) be safe for vehicle and pedestrian movements;
d) provide compatibility of conceptual design between uses; and, •
e) minimize adverse effects on adjacent properties.
H6.3 The Municipality may, as a condition of granting approval for the development or
redevelopment of land or buildings, require the owner to enter into a Site Plan
Agreement regarding the provision, maintenance and use of such facilities
including the following matters:
a) Widening of highways that abut on the land that is being developed or
redeveloped to provide the minimum road right-of-way widths prescribed
by this Plan for those roadways shown on Schedules A, B, and C.
Generally road widening acquired through site plan control will be taken
equally from both sides of the roads. Where this is not possible, the land
to be acquired from each side will not exceed half the required width as
measured from the centre line. Any additional requirements will be
acquired by other means.
b) Subject to the Public Transportation and Highways Improvement Act,
facilities to provide access to and from the land such as access ramps and •
curbs including the number, location and size of such facilities and the
direction of traffic thereon.
c) Off-street vehicular parking and loading areas and access driveways
including the surfacing of such areas and driveways.
Official Plan March 23, 2006
Municipality of Kincardine 90
d) Walkways and all other means of pedestrian access.
e) Removal of snow from access ramps, driveways, parking areas and
walkways.
fj Grading or change in elevation or contour of the land and the disposal of
storm, surface and waste water from the land and any buildings or
structures thereon.
g) Conveyance to the Municipality, without cost, of easements required for
the construction, maintenance or improvement of any existing or newly
acquired watercourses, ditches, land drainage works and sanitary sewerage
facilities on the land.
h) Floodlighting of the land or of any buildings or structures thereon.
i) Walls, berms, fences, hedges, trees, shrubs or other suitable ground cover
to provide adequate landscaping of the land or protection to adjoining
lands.
• j) Vaults, central storage and collection areas and other facilities and
enclosures as may be required for the storage of garbage and other waste
material.
k) Plans showing the location of all buildings and structures to be erected on
the land and the location of the other facilities required by the By -Law.
H7 HERITAGE CONSERVATION DISTRICTS
H7.1 The establishment of Heritage Conservation Districts, according to the provisions
of "The Ontario Heritage Act", will be considered by the Municipality on the
advice of the Local Architectural Conservation Advisory Committee. Such
districts, once adopted, will require an amendment to this Plan.
H7.2 Council may investigate and adopt other measures available for the
implementation of policies concerning heritage resource conservation. These
shall include:
a) Legislation pursuant to The Municipal Act, more especially tree
0 preservation, sign regulation and improvement area designation;
b) The designation of demolition control areas affected by the maintenance
and occupancy by-law; and
c) Subdivision agreements requiring the retention or protection of heritage
resources.
Official Plan March 23, 2006
Municipality of Kincardine 91
H8 PUBLIC WORKS
Future public works shall be undertaken in accordance with the policies
established by this Plan and no public works will be undertaken which would be
in conflict with the policies of this Plan.
H9 COMMUNITY IMPROVEMENTS
Future community improvement will be undertaken in accordance with the
policies established in this Plan in a manner consistent with Section C7.
H10 AMENDMENT AND REVIEW OF THE PLAN
It is not intended that the policies and land use designations remain unchanged,
although one of the stated purposes of this Plan is to provide a continuing and
consistent guide for the future of the Municipality.
H10.1 AMENDMENT AND REVIEW
This Plan shall be subject to continuous review in light of changing economic, •
social and technological circumstances. A comprehensive review of the Plan will
be undertaken every five (5) years, or more often, if circumstances warrant, to
ensure its continuing relevance.
Amendment to this Plan will be required when:
a) A major change in the boundaries between land use districts occurs.
b) A proposed land use is not specifically permitted within a particular land
use designation.
c) A revision is considered to any definition or policy statement within the
text.
H11 SIGN CONTROL
It is intended that the Municipality will use legislation pursuant to the Municipal
Act governing signs to ensure that such uses are appropriately regulated and
controlled within the Municipality. •
Official Plan March 23, 2006
Municipality of Kincardine 92
0
0
H12 HOLDING PROVISIONS
It is the intent of this Plan that the Municipality of Kincardine will make use of
the provision stated in Section 36 of The Planning Act, R.S.O. 1990, whereby the
Council may by by-law utilize a Holding Symbol "H" or "h" in conjunction with a
land use designation. The Municipality may designate in the Zoning By -Law the
ultimate use of specific lands, however it may hold back the actual development
to a future date, when certain conditions regarding the specific development are
met.
Incorporating a program utilizing Holding Zones provides the landowners with a
degree of certainty on what land uses will be permitted and allows the
municipality the opportunity to clearly state its intentions to have the lands
developed for such uses at an appropriate time in the future.
H 12.1 Utilizing the Holding Zone allows the Municipality the opportunity to zone
certain lands for permitted uses but delay their development until such time as
they are required or until conditions/standards appropriate for their development
can be satisfied. When the area is required for development, or when the
conditions/standards have been achieved, the "H" shall be removed from the
zoning placed on the lands.
H12.2 The "H" may be used to control or govern the phasing of development of land
until it is required or to prevent development pending the provision of water,
sewer, road or other similar municipal services or conditions as may be
appropriate.
H12.3 RESIDENTIAL
Within the Municipality of Kincardine, lands designated for residential
developed, but not as yet fully developed for such purposes, may be zoned in a
Holding Zone pursuant to Section 36 of the Planning Act, R.S.O. 1990. Such a
zone would only permit uses legally existing at the date of such zoning until such
time as the "H" is removed.
H12.3.1 Objectives
a) To maintain an appropriate standard of development;
b) To ensure an appropriate level of municipal services;
c) To stage development through comprehensive plans thereby reducing
scattered and uncoordinated development;
Official Plan
Municipality of Kincardine
March 23, 2006
93
d) To ensure that the residential areas of the Municipality are utilized in an
efficient and effective manner; and,
e) To streamline the local residential development approval process. 40
H12.3.2 Criteria for Removal of the Holding Provisions
Prior to removing the "H", the Council must be satisfied that:
a) The proposed development conforms to the locational, design, and
development policies contained in this Plan.
b) The Council must be satisfied through plans and/or registerable
agreements that the proposed development will be in harmony with the
existing development by the use of such techniques as compatible
building, a continuation of the general height of neighbouring buildings
and appropriately located off-street parking facilities.
H12.4 COMMERCIAL
Within the Municipality of Kincardine, lands which are designated for
commercial purposes, but not as yet developed for such purposes, may be zoned
in a Holding Zone pursuant to Section 36 of The Planning Act, R.S.O. 1990.
Such a zone would only permit uses legally existing at the date of such zoning
until such time as the Holding provision is removed.
H12.4.1 Objectives
a) To maintain the character of the existing commercial areas;
b) To maintain a traditional pattern of development throughout the
commercial areas;
c) To promote an appropriate standard of exterior design; and,
d) To promote those activities which are supportive or neutral to the
maintenance and development of the commercial areas.
H12.4.2 Criteria for the removal of the Holding Provision
a) The proposed development must conform to any locational, design, and .
developmental policies contained in this Plan; and,
Official Plan March 23, 2006
Municipality of Kincardine 94
b) The Council must be satisfied through plans and/or registerable
agreements that the proposed development will be in harmony with the
existing development by the use of such techniques as compatible
building, a continuation of the general height of neighbouring buildings
and appropriately located off-street parking facilities.
H12.5 INDUSTRIAL
Within the Municipality of Kincardine, lands which are designated for industrial
purposes, but as yet not developed for such purposes, may be designated in a
Holding Zone pursuant to the provisions of Section 36 of The Planning Act,
R.S.O. 1990. Such a zone would only permit uses legally existing at the date of
such zoning until such time as the Holding provision is removed.
H12.5.1 Objectives
a) To utilize municipal serves in the industrial areas where available and
practical and to encourage development to such areas;
b) To stage development through comprehensive plans thereby reducing
scattered and uncoordinated development; and,
c) To ensure that the industrial areas are utilized in an efficient and effective
manner.
H12.5.2 Criteria for the removal of the Holding Provision
a) The proposed development must conform to any locational, design, and
developmental policies contained in this Plan; and,
b) The Council must be satisfied through plans and/or registerable
agreements that the proposed development will be in harmony with any
existing development and that servicing, road pattern, phasing, lotting
arrangement, and buffering considerations have been adequately
addressed.
H12.6 DEVELOPMENT CONSTRAINT AREA
Within the Municipality of Kincardine, lands which are identified as being within
the Development Constraint Area, but not as yet developed, may be designated in
a Holding Zone pursuant to the provisions of Section 36 of The Planning Act,
R.S.O. 1990. Such a zone would only permit uses legally existing at the date of
such zoning until such time as the Holding provision is removed.
Official Plan March 23, 2006
Municipality of Kincardine 95
H12.6.1 Objectives
a) To ensure that adequate measures are undertaken to mitigate potential
slope stability problems.
b) To protect the Penetangore River Slope Stability and Erosion Control
Project.
H12.6.2 Criteria for the removal of the Holding Provision
a) The proposed development must conform to any locational, design, and
developmental policies contained in this Plan; and,
b) The Council and the Saugeen Valley Conservation Authority must be
satisfied through their approval, geotechnical reports or otherwise that the
potential slope stability problems have been adequately addressed.
40
Official Plan March 23, 2006
Municipality of Kincardine 96
..........
Schedule 'A'
Community of Kincardine
r !' Land Use Plan
Ml�nicipaptY of Kincardine
t•
iI Y
I
I
I
r
{
-i 0 200 40C 600 620 1 000
2:0-
F.
r
- m•r an aw,pxneuarn-
_ —ter ,,. p E'Co�Can�hrnlfromrM
.ti • •. r r, w., •.aer/(i+nurvskanNkMvM OlYue
' - ..sxwvvlw reyauryaM1Yg
xa.refehao a
{ - '+xkranaa �lIF ihvc iukr W Ow arC4
I - - � _ `ne tmn' lwbn �v •rrwpner
I 5 __mow ( M1le. Lmraru a�,n9+� eriry i-
rYt A ttre r
q
LaNa Huron
r
Urban Service Area
Shoreline
Residential
General Commercial
Highway Commercial
I Resort Commercial
Business Park
- Business Park Special
Industrial
c
Institutional
c
l
y Fill and Construction Regulation - (Note 2
I `o
Natural Environment- (Note t)
3
c1 -Natural Environment Exception - (Note 2)
• Open Space
Development Constraint
I �
Future Development
Intensification Area
• ' !s�j►i
� - Significant Wootllantls
Wellhead Protection Area
1, '1
�a
--- Provincial Highway
T - --- Arterial Rd
two orHaooK'aa ` • • • Collector Road
Proposed Road
River
C
Maple St
P
0 100 200
March 2006
chedule B
Elizabeth St j{{ Community of Tiverton
I
Land Use Plan
Herbert PI
n
0
m
Lois St
Neil PI 00
n
D
m
Maple SI
i
MetresIBM
300 400
K
0
r
m
m
9
(Legend
Residential
�General Commercial
Highway Commercial
Institutional
Natural Environment
Open Space
Wellhead Protection Area
River/Creek
x
A
A
Schedule 'C'
Lakeshore Area
Land Use Plan
1 ryh
.•ice,/"
_a?o
N
/V
e,
o Wo 7.000 1.50o
March, 2006
Legend
Shoreline
- Natural Environment
-r Open Space
Industrial
Inverhuron Settlement Area
- County Road
River
Locally Significant Welland
Significant Woodlands
P
N ®.
0 5
Kincardine
�r �.gp'. r AM ep
see s�eewe c
see �o..iv ov