HomeMy WebLinkAboutKIN 90 014 Site Plan Control
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1990 - 14
SITE PLAN CONTROL BY-LAW, 1990
WHEREAS The Corporation of the Town of Kincardine has an official
plan in effect which describes certain lands within the Town as a
proposed site plan control area;
AND WHEREAS the Council of The Corporation of the Town of
Kincardine is empowered pursuant to Section 40 of the Planning Act,
5.0. 1983, Chapter one, to designate the whole or any part of such
area as a site plan control area;
AND WHEREAS it is the declared intention of the Council of The
Corporation of the Town of Kincardine that any section or part of
a section of this by-law which might subsequently be held to be
illegal, shall be severable from the remainder of the by-law and
shall not be deemed to have persuaded or influenced the Council to
pass the remainder of this by-law;
NOW THEREFORE the Council of The Corporation of the Town of
Kincardine ENACTS as follows:
1. The following lands are hereby designated as a site plan
control area:
Those lands within the following zones, and any sub-
zones thereof, as identified in the Town of
Kincardine Zoning By-law No. 1988 - 1, as amended:
Residential
, R3 I (Town Houses only), , R4 " and 'RS I
zones
Commercial
'c 1 " I C2', 'C3', and 'C4' zones (legal
non-conforming residential uses other than
town houses, apartments and condominiums
excepted)
Industrial 'M1 ' zone; and
Institutional '11' zone
Open Space 'OS' zone
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Site Plan Control By-Law, No. 1990 - 14
2. No person shall undertake any development in the site plan
control area designated under Section 1 of this by-law unless
the Council of The Corporation of the Town of Kincardine has
approved of plans, drawings, agreements and other matters
referred to in Section 40 of the Planning Act.
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3.
The following classes of
the approval of plans,
under Section 2 of this
development may be undertaken without
drawings, etc., otherwise required
by-law:
(i) An enlargement, improvement or other alteration not
exceeding one half of the gross floor area of an existing
building or structure; or 50 square metres of floor area,
which ever is lesser, provided that:
(a)
the existing building or
previously received approval
a predecessor thereof;
structure has not
under this by-law or
(b) no building permit has been issued for the existing
building or structure within the previous twelve
( 12) months f rom the date of application for a
building permit; and
(c) the enlargement, improvement or alteration does not
materially alter the front or exterior side
elevation of the existing building or structure in
a CI Zone of By-law 1988 - 1.
(ii) An accessory building or structure not exceeding one half
of the gross floor area of the principle building or
structure; or 50 square metres of the floor area, which
ever is lesser, provided that:
(a) the existing building or structure has not
previously received approval under this by-law; and
(b) no building permit has been issued for the existing
building or structure or accessory building or
structure within the previous twelve (12) months
from the date of application for a building permit.
(iii)Any addition required in order to comply with the Fire
Marshall's Act.
4.
The mayor and clerk of The Corporation of the Town of
Kincardine are hereby authorized to execute any agreement
required pursuant to this by-law and affix the corporate seal.
s.
The provision of Section 325 of the Municipal Act R.S.O. 1980,
Chapter 302, as amended, shall apply to any approval or
agreement authorized by the council of The Corporation of the
Town of Kincardine pursuant to this by-law and said Section
40 of the said Planning Act.
6.
By-law 4786 passed on the 5th day of January, 1987 be and the
same is hereby repealed.
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Site Plan Control By-Law, No. 1990 - 14
7. That this by-law shall come into full force and effect
immediately upon its final passage.
8. This By-law shall be known as the "Site Plan Control By-Law,
1990".
READ a FIRST and SECOND time this 15th day of February, 1990.
1
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! if ~- de 'tkhl,
Mayor
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READ a THIRD time and FINALLY PASSED this 1st day of March, 1990.
dnvUÚ' l¡,g;Æ~ /
Mayor
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