HomeMy WebLinkAboutKIN 87 020 Adopt New Offcial Pl
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1987-20
A BY-LAW TO ADOPT A NEW OFFICIAL
PLAN FOR THE TOWN OF KINCARDINE
WHEREAS Section 17(1)
authorizes the council
preparation of a plan
of the municipality:
of the Planning Act, S.O. 1983, Chapter 1,
of a municipality to provide for the
suitable for adoption as the official plan
AND WHEREAS the Council of the corporation of the Town of
Kincardine desires to adopt a revised official plan for the Town
of Kincardine;
NOW THEREFORE the Council of the corporation of the Town of
Kincardine ENACTS as follows:
1. That the official plan for the Town of Kincardine attached
as Schedule "A" to this by-law is hereby adopted;
2.
is
to
the
make
for
of
hereby
the
new
authorized and directed to
Minister of Municipal Affairs
Official Plan for the Town
The clerk
application
approval of
Kincardine;
3. That the current official plan for the Town of Kincardine as
enacted by By-law 4190 passed on the second day of November,
1978 be and the same is hereby repealed;
4. This by-law shall come into force and effect on the day of
final passing thereof.
READ a FIRST and SECOND time this 19th day of February, 1987.
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READ a THIRD time and FINALLY PASSED this 5th day q.f . ~arch
1987.
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OFFICIAL PLAN
OF THE
TOWN OF KINCARDINE
SECTION
. "A"
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JIB"
" C"
TABLE OF CONTENTS
PAGE
INTRODUCTION AND PURPOSE
1
A1. INTRODUCTION
A2. PURPOSE OF THE PLAN
1
3
BASIS OF THE PLAN
4
GENERAL DEVELOPMENT POLICIES
6
C 1. GENERAL LAND USE
C2. BUILDING MAINTENANCE
C3. ENVIRONMENT
C4. HERITAGE CONSERVATION
CS. ENERGY
C 6. ECONOMY
C7. TOURISM
CB. COMMUNITY IMPROVEMENTS
Cg. ELECTRIC POWER FACILITIES
"0" DETAILED LAND USE POLICIES
01. RESIDENTIAL
02. COMMERCIAL
03. INDUSTRIAL
04. INSTITUTIONAL
05. OPEN SPACE
06. HAZARD LANDS
. "F"
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"E"
MUNICIPAL SERVICES
TRANSPORT ATION
"G"
LAND DIVISION POLICIES
,. H"
IMPLEMENTATION
SCHEDULES
" A" LAND USE PLAN
IJ B" COMMUNITY IM PROVEMENT AREAS
. C· TRANSPORTATION PLAN
APPENDIX
Town of Kincardine Official Plan Up-date
Background Report. June 19B6
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FOLLO WING
PAGE
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SECTION -A-
INTRODUCTION AND PURPOSE
A1. INTRODUCTION
A1,1 TITLE
This Plan shall be known as:
THE OFFICIAL PLAN
OF THE
TOWN OF KINCARDINE
A1 .2
CD MPONENTS
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 Town 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
The Town of Kincardine was designated as a Planning Area in
June of 19s9, The first Official Plan for the Town was approved
by the Ministry of Municipal Affairs in May, 19SB. As a result
of various physical, social and economic changes during the
following decade, many provisions of the Official Plan, as
approved in 19SB, became outdated and a second Official Plan for
the Town was prepared and approved by the Minister of Housing in
May, 1979.
Since the approval of the 1979 Official Plan further changes
have taken place which affect various assumptions upon which
that Official Plan is based and also, new issues have arisen.
These include decreased employment opportunities at BNPO,
positive initiatives in the form of the Bruce Energy Centre and
Tourism, new Planning legislation, increased economic
development promotion activity, etc. Although the Official Plan
had been amended on various occasions, no comprehensive overall
review was undertaken until 19B5.
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The Town of Kincardine Official Plan Up-date: Background
Report, which was prepared for the Town by the Bruce County
Planning and Economic Development Department in June, 19B5,
examines various changes affecting the direction of the Town's
Official Plan and evaluates the appropriateness of the 1979
planning policies to meet the future needs of the Town. It also
provides a basis for an up-dated Official Plan.
A1.4
SCOPE OF THE PLAN
This Official Plan will apply to the entire area within the
boundaries of the Town of Kincardine.
A1.s
INTERPRET A TIoN
The boundaries between land uses designated on Schedule "A"
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.
A2. PURPOSE OF THE PLAN
The purpose of this Official Plan is as follows:
A 2.1
To provide policies to guide future development within
the Town of Kincardine, encourage an on-going programme
for this development and guide the Municipality towards
the fulfillment of the goals and objectives of this
Plan.
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A2.2
A2.3
To provide guidance to Council, planning related bodies
having jurisdiction within the Town, and other public
agencies, in the exercising of their powers and
responsibilities, particularly as related to such
matters as Subdivision Control, Zoning By-Laws and Land
Severance. The Planning Act provides that all Municipal
By-Laws and public works undertaken must be in
conformity with the Official Plan.
To provide a consistent policy framework to guide the
private sector in making decisions concerning future
development and investment within the Town of
Kincardine.
SECTION -B-
BASIS OF THE PLAN
B1. The Official Plan Policies are formulated from certain
underlying assumptions, derived from background studies, and
which form the basis of the Official Plan. The following shall
form the basis of the Official Plan of the Town of Kincardine:
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B 1. 1
B1.2
B1.3
B1.4
. B1.s
It shall be the intent of the Official Plan to provide
policies to guide development in the Town of Kincardine
in a detailed manner over the short term to 1991, and in
a more generalized manner to the year 2000. 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.
As a result of economic uncertainties within the area
generally, which will affect population trends in
Kincardine, the Official Plan will not establish a
projected growth rate.
With the anticipated construction employment reductions
at the Bruce Nuclear Power Oevelopment, it is the intent
of this Plan to support the Industrial Energy Centre at
the Bruce Nuclear Power Development. The Industrial
Energy Centre is based upon the attraction of heavy
industrial energy users to a reliable source of energy
(electricity and steam) provided by the Bruce Nuclear
Power Oevelopment.
Within the Town it is intended that an adequate supply
of land will be provided for the diversification of the
local industrial and commercial employment base. and,
within the area generally, and in the Town particularly,
it is the intent to promote the continued development of
a strong tourist industry.
The design population capacity of Kincardine within its
existing boundaries is approximately 9,2s0 persons. The
policies of the Official Plan will be directed toward
the orderly attainment of the design population.
Development in Kincardine will integrate with and
complement the overall development within the South
Bruce Lakeshore Area. It is anticipated that Kincardine
will accommodate a major part of new urban development
within this Lakeshore Area.
The Official Plan will provide land for residential,
commercial and industrial growth, thereby encouraging a
diverse economic base for Kincardine.
B 1. 6
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B 1. B
The Central Business district will continue to playa
major role in the retail, office and institutional
fabric of the community and will be the main focus of
commercial activity in the Town.
There will be adequate water supply, sewage treatment,
and waste disposal facilities to accommodate future
growth in the Town.
Although there are lands still available within the Town
to accommodate a wide range of urban land uses,
residential development as well as commercial and
institutional uses have extended beyond the boundaries
of the Town into the adjacent Townships. These areas
are functionally related to the Town and, for the most
part, they are also serviced by the Town. It is not the
intent of the Town to encourage this land use
arrangement around the perimeter of the Town and
consideration will be given to annexing these adjacent
lands.
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SECTION -C-
GENERAL DEVELOPMENT POLICIES
This section establishes general policies relating to the
various land use categories designated on Schedule "A".
C1. GENERAL LAND USE
C1.1
GOAL
Development in the Town 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 Town 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 Town 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 Density of land use will increase as the Town grows.
the introduction of higher density land uses will only
be encouraged when it is demonstrated to be of benefit
to the community as a whole, and compatible with the
overall plan for development of the Town.
C1.3.4 The orderly development of the Town, 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.
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C2.
BUILDING MAINTENANCE
C2.1
GOAL
The maintenance and rehabilitation of all buildings and lots
in the Town of Kincardine shall be encouraged, to enhance the
living environment of the Town.
C2.2
OBJECTIVES
C2.2.1 Building maintenance programmes for selected areas of
the Town of Kincardine, through conservation,
rehabilitation and redevelopment measures, will be
continued.
C2.2.2 A programme for the continued visual and physical
improvement of the downtown core area will be
encouraged.
C2.2.3 Conservation and rehabilitation of property will be
achieved by the enforcement of By-Laws related to
Zoning, Maintenance and Occupancy, Fire Prevention and
Health and by updating such By-Laws, as required.
C2.3 POLICIES
C2.3.1 A comprehensive and continuous programme for property
maintenance and occupancy will be established for the
Town, in order to:
( a)
Ensure a high standard of new development.
( b)
Maintain existing development at a
desirable standard.
( c)
Improve sub-standard properties to
eliminate health hazards, risk of accident,
fire danger, and unsightly conditions.
(d)
Remove or replace development which cannot
be satisfactorily or economically
rehabilitated,
( e)
Ensure that occupancy is related to the
service facilities and structural features
of a building and prevent any over-crowding
which may endanger the health and safety of
the occupants.
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(f)
Ensure that vacant properties are kept
clean and clear from all debris, rubbish
and over-growth which may create an
accident, fire or health hazard and
adversely affect the enjoyment of
surrounding properties.
C2. 3. 2
The use of government housing assistance programmes will
be encouraged where they can assist Municipal
endeavours.
C2.3.3 A high standard of maintenance for public buildings and
works such as roads, sidewalks, curbs, buildings and
Municipal service facilities will be encouraged to serve
as a visual example and to encourage the proper
maintenance of private property.
C2.3.4 A programme will be encouraged to assist property owners
in reviewing alternative remedial approaches for
building maintenance and in acquiring technical and
financial assistance.
C3. ENVIRONMENT
C3.1 GOAL
The quality of the natural environment of the Town of
Kincardine shall be preserved and enhanced.
C3.2 OBJECTIVES
C3.2.1 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.
C3.2.2 The Plan shall provide policies and guidelines for the
utilization of land and water resources. by minimizing
the pollution of water, air and land and by preserving,
wherever possible, the natural amenities of the
landscape, including tree cover.
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C3.3
POLICIES
C3.3.1 All existing sources of pollution shall be brought up to
acceptable standards as prescribed by the Ministry of
the Environment, or any other agency having
jurisdiction.
C 3.3.2
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.
C3.3.3 All development proposals shall show existing natural
features, and indicate, if possible, how they will be
retained during development. The Municipality may also
utilize Section 40 of The Planning Act, to control
development and ensure that adequate measures are taken
to protect a site's natural pattern.
C3.3.4 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 Town, these natural features also provide a basis
for Tourism activity within the Town.
C4. HERITAGE CONSERVATION
C4.1 GOAL
The conservation and preservation of buildings, areas
and landscapes of historic or architectural
significance, including archaeological sites shall be
encouraged.
C4.2 OBJECTIVES
C4.2.1 Buildings and sites in Kincardine 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).
C4.2.2 Sites in Kincardine of archaeological significance
will be protected through the co-operation of Council
and the Ministry of Culture and Recreation.
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C4.3
POLICIES
C4. 3. 1
The LACAC shall continue to function, subject to the
provisions of the Ontario Heritage Act, 1974, as
amended. It will conduct studies, and recommend
designation of properties it believes are of historical
or architectural interest, as provided in The Ontario
Heritage Act (Part IV). and consider the establishment
of Heritage Conservation Districts, as provided in the
On tario Heri tage Ac t, (Part V).
C4.3.2 Appropriate Provincial Ministries shall be encouraged to
preserve features of the Town over which they have
jurisdiction as well as providing advice and support to
the Local Architectural Conservation Advisory Committee
and local historical societies.
C4.3.3 Active citizen participation in the designation and
protection of historic buildings, sites and areas shall
be encouraged.
C4.3.4 Consideration shall be given to the effects of public
works and development on buildings, sites and areas
of historical, architectural or archaeological
importance, prior to the approval of public works and
proposals for development.
C4.3.S The Town shall consider methods by which it may acquire
or co-operate in the a~quisition of historic buildings,
sites or areas in conjunction with other Governments,
agencies and groups.
C5. ENERGY
Cs .1 GOAL
The Town of Kincardine will continue to be active in the
field of energy conservation and development.
CS.2 OBJECTIVES
C5.2.1 The Town will support plans to utilize available energy
from the Bruce Nuclear Power Development.
CS.2.2 The Town will encourage development that incorporates
energy-conserving features.
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CS .3
POLICIES
CS. 3. 1
The Town 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
thermal power from the Bruce Nuclear Power Development
to its full potential.
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CS.3.2 It is recognized that an abundant, reliable source of
inexpensive 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 and steam from the Bruce
Nuclear Power Development.
CS.3.3 In development proposals, designs which attempt to
minimize energy costs for future residents will be
en couraged .
C5.3.4 In both development and redevelopment, innovative
building designs and construction techniques that
conserve energy and lead to affordable life-cycle
costs will be encouraged. Energy-conserving lighting
and heating systems will be considered.
C5.3.S The landscaping and siting of buildings on the building
lot, to provide wind shelter and maximize sunlight
exposure, will also be encouraged.
C6 ECONOMY
C6.1 GOAL
Development guidelines and policies will be provided for the
Town 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.
C6.2 OBJECTIVES
C6.2.1 The Town will encourage the development of a varied
economic base, including applications of the B.N.P.O.
thermal power for such purposes as agricultural/
industrial uses, the development of secondary industry
and promotion of the tourist industry.
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The commercial/industrial assessment base will be
expanded to provide a greater source of employment and a
strong tax base.
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C6.3
POLICIES
C 6.3.1
The Town supports the Industrial Energy Centre at the
Bruce Nuclear Power Oevelopment and is prepared to
accommodate its share of residential, commercial and
industrial development that may accompany energy based
industrial development.
C6. 3. 2
The Town shall continue to promote means of benefiting
from the proximity to the B.N.P.O., including thermal
power utilization and development of secondary industry.
C6.3.3 The Town supports the efforts of Bruce County and
inter-municipal economic development groups to encourage
economic development within the South Bruce Lakeshore
Area, including the Town of Kincardine.
C6.3.4 In addition to supporting County and inter-municipal
economic development initiatives, the Town will also
encourage diversification and expansion of the local
employment base by promoting economic development within
the Town.
C6.3.S The Town, and community-supported agencies will promote
and encourage the development of a viable downtown,
recreation facilities, tourist attractions and
accommodation within the Town.
C6.3.6 It is the intent of this Plan to recognize the
contribution of the harbour area to the economy of the
Town.
C6.3.7 The Town shall, in approving new development, seek to
improve the ratio of commercial/industrial to
residential assessment.
C7
TOURISM
C7.1
GOAL
The enhancement, revitalization and development of a strong
local tourist industry for the Town of Kincardine shall be
encouraged.
C7.2
OBJECT! VES
C 7.2.1
The Town will encourage the promotion of tourist
attractions both within the Town and within the area
generally.
C7. 2. 2
The Town will encourage the preservation of the
significant natural features within the Town.
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C7.3 POLICIES
C7.3.1 It is the intent of this Plan to promote the use of area
wide tourist programs to improve the image and identity
of the area.
C7.3.2
The development of a wide range of year-round
recreational facilities will be encouraged within the
Town.
C7.3.3 A suitable supply of tourist accommodation, possibly in
conjunction with other support resort facilities, will
be encouraged.
C7.3.4 It is the intent of this Plan to encourage a program of
harbour area improvements, which include opportunities
for enhancing public use and enjoyment of the Lake Huron
Sharline.
CB COMMUNITY IMPROVEMENTS
CB.1 GOALS
The primary goal of community improvements will be to
upgrade and improve the level of service within the Town and to
provide all the social, physical and economic facilities and
services necessary for the proper functioning of the community
in such a way as to provide optimum convenience, efficiency and
aesthetic satisfaction to the residents and the community as a
whole.
CB.2 OBJECTIVES
CB.2.1 To provide and upgrade municipal hard services (i.e.
sewers, water, roads, sidewalks, street lighting, etc.)
CB.2.2 To provide and upgrade municipal soft services (i.e.
parks, playgrounds, related facilities, community
centres)
CB.2.3 To provide and upgrade transit and traffic control
devices and facilities and to establish a hierarchy of
roads within the community to facilitate safe and
efficient vehicular and pedestrian movement throughout
the area.
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CB.2
To provide for the rehabilitation of existing buildings
and structures.
CB. 2. 5
To provide for the possible acquisition or replacement
of inappropriate non-conforming uses where it is the
opinion of Council that such is desirable because of
age, dilapidation, overcrowding, facility arrangement,
unsuitability of buildings or for any other reason.
CB.2.6 To encourage by all possible means private efforts to
upgrade existing properties.
CB.2.7 To preserve and encourage the upgrading of existing
commercial areas.
CB.2.B To preserve and encourage the upgrading of existing
industrial areas.
CB.3 CRITERIA FOR THE SELECTION OF COMMUNITY IMPROVEMENT
AREAS
The following general criteria shall be used in the
selection of community improvement areas:
CB.3.1 Condition and adequacy of commercial areas such as,
appearance of commercial facades, signage, adequacy of
parking for commercial areas, identification of need for
improvements to streetscape, pedestrian accessibility to
commercial businesses, and amenities of the commercial
area.
CB.3.2 Condition and adequacy of Industrial areas such as,
appearance of industrial facades, signage, off-street
parking, access to and within industrial areas,
efficiency of plant and adequacy of space on site for
operation.
CB.3.3 Condition and adequacy of Municipal physical services
(hard services) such as roads, sanitary services, water
systems, storm water drainage, sidewalks, lighting,
hydro.
CB.3.4 Condition and adequacy of Municipal recreational
services and facilities (soft services) such as parks,
playgrounds, play equipment, arenas, community centres,
trails.
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CB.3.s Condition and adequacy of Municipal, Social and Cultural
facilities such as meeting rooms, galleries, libraries,
craft rooms.
CB.3.6 Where there is poor building conditions through age,
poor design construction alignment, type of signage and
site features.
CB. 3. 7
Where there is a conflict in land uses with the Official
Plan and/or Zoning By-Law.
CB.3.B Where there is a lack of public services such as
pedestrian corridors, parking, etc.
CB.4
DELINEATION OF COMMUNITY IMPROVEMENT AREAS
Communi ty Improvement Areas are shown on Sched ule "B".
Additional Community Improvement Areas which satisfy the
criteria established will require an amendment to this Plan.
C9
ELECTRIC POWER FACILITIES
C9.1
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 Town's Zoning By-Law.
Minor new electric power facilities 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 Town's
Zoning By-Law.
C9.2
Land and buildings owned by Ontario Hydro and used for
executive, administrative or retail purposes or held
under lease or licence from Ontario Hydro shall comply
with the land use designations and policies of this Plan
and the Town's Zoning By-Law.
C9.2
The above policies, however, do not preclude the Town's
right to participate in discussions on the location
criteria of new electric power facilities.
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SECTION -0-
DETAILED LAND USE POLICIES
This Section establishes policies relating to the various
land use categories, including Residential Commercial,
Industrial, Institutional, Open Space and Hazard Lands. This
Section should be read in conjunction with Schedule "A", which
shows the location of the various land use categories.
01. RESIDENTIAL
01.1 GOAL
An ample supply of affordable and quality living
accommodation in terms of type and location will be provided for
the Town's present and future residents.
01.2 OBJECTIVES
01,2.1 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 Town of
Kincardine.
01.2.2 Premature residential development which would create an
adverse economic burden for the Town will be
discouraged.
01.2.3 Buffering of residential areas from other land uses will
be required when the residents living environment would
be adversely affected.
01.2.4 A balanced range of housing will be provided to meet a
variety of needs in terms of size, type, ownership,
and location.
01.2.5 Assisted owner and rental housing will be encouraged as
the need is identified in local and County housing
studies.
01.2.6 A shortfall in the supply of serviced lots will be
prevented by designating and servicing sufficient land
for residential purposes until the Town reaches its
residential capacity.
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01.3
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 housing such as
triplexes, quadraplexes and townhouses and high density housing
including apartments.
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 02.7 of
this Plan
Schools, as defined in "The Education Act".
Bed and Breakfast and Tourist Homes
Group Homes.
01.4
GENERAL POLICIES
01.4.1 The quality of existing residential development in areas
designated for continued residential use will be
maintained and, where possible, improved.
01.4.2 Residential development will not be permitted in areas
subject to high levels of pollution, whether from noise,
air or water.
01.4.3 Appropriate buffering shall be provided between
residential areas and industrial uses, commercial uses,
arterial roads and railways.
01.4.4 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 will maintain a
continuous urban form and will be staged to the
satisfaction of the Town.
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01.4.5 Assisted ownership and rental housing will be encouraged
to meet market demands.
01.4.6
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.
01.4.7 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. It is not
the intention of this policy that these minimum
standards will become the accepted norm. Where reduced
standards are considered for a development, a site plan
shall be approved by Council, and the development shall
be placed within a Special Zone in the Zoning By-Law.
01.4.B All new Residential uses shall be connected to Municipal
water and sewage services, except where physical
constraints make it economically not feasible. In such
cases, the proposed servicing shall be subject to the
approval of the Bruce County Health Unit and/or the
Ministry of the Environment.
01.4,9 Home occupations will be permitted in 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 will provide regulations which:
a) may include a detailed list of permitted home
occupations uses.
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.
e) Provide appropriate parking standards for such use.
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01.4.10 Institutional uses permitted within the Residential
designation shall be subject to the Institutional
Policies contained in Section 04 of this Plan, and shall
require amendment of the Zoning By-Law.
01.4.11 Bed and Breakfast and Tourist Homes may be permitted in
the Residential designation subject to the following:
a) The establishment of such uses shall not change the
residential character of the area,
b) Such uses should be encouraged in the older
established areas of the Town in close proximity to
the downtown business area and/or the recreational
amenities of the Lake Huron Shoreline,
c) Adequate off-street parking is provided.
d) Such uses shall only be permitted in buildings which
constitute the principal residence of the owner.
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.
01.4.12 Notwithstanding policies 01.4.6 and 01.4.7 all new
residential development in older established residential
areas will be encouraged to be developed in keeping with
the overall character of such areas.
01.4.13 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.
01.4.14 The following maximum gross residential densities will
apply to new Low density Residential use:
HOUSING TYPE
MAXIMUM NO. OF UNITS
PER GROSS HECTARE (ACRE)
Low Density
Single Detached
Semi-Detached
20 u.p.h. (B u.p.a.)
3D 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.
01.4.15 Notwithstanding the 'Residential' Land Use Policies of
this Plan, the following additional uses shall be
permitted within the existing building situated on the
lands described as Lots 5 and 6, West Side of Huron
Terrace, Plan 4:
a) a dance studio,
b) a health and fitness centre,
c) a lounge and racquet sports facilities,
d) an accessory residential dwelling unit forming an
integral part of the existing building and used only
as the principal residence of the owner, manager or
caretaker.
.
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01.4.16
01 .5
Any non-residential use permitted by this Subsection
of the Plan will come under the Site Plan Controls of
Section 40 of The Planning Act, 19B3, as amended or
succeeded, and the owner will be required to enter into
any necessary agreements with the Municipality in
accordance with the provisions of this Section of The
Planning Act.
Should the foregoing non-residential uses be
discontinued, the range of permitted uses shall revert
to those normally permitted in the 'Residential'
designation, and the municipal zoning by-law shall be
amended accordingly.
Notwithstanding the 'Residential' Land Use Policies of
this Plan, a carpet and vinyl flooring outlet shall be
permitted within the existing building situated on lands
described as Part Lot 23, East Side of Queen street,
Registered PI an No. 61. However, when the carpet and
vinyl flooring outlet is discontinued, the range of
permitted uses shall revert to those normally permitted
in the 'Residential' designation, and, the municipal
Zoning By-Law shall be amended accordingly.
LOCATION AND MIX OF HOUSING TYPES
01.5.1
The provision of a variety of housing types, sizes and
locations, including low, medium and high density
housing and both owner and rental accommodation, will be
encouraged according to the market demand for each type.
01.5.2 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,
(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, where
necessary,
( e)
Suitable landscaping and on-site amenities shall
be provided,
.
.
(f) 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.
01.5.3 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
3 Storey Walk-up
Apartments
40 u.p.h. (16 u.p.a.)
40 u.p.h. (16 u.p.a.)
High Density
Apartm ents
85 u.p.h. (35 u.p.a.)
Net Residential Density means the area of the site
proposed for development, not including roads, parks,
local commercial facilities, etc.
01.5.4
Consideration may be given to wa1v1ng locational
requirements and reducing parking standards for medium
and high density senior citizens housing, subject to
amendment of the Zoning By-Law.
~
01.5.5
.
01.5.6
.
01.5.7
01.6
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 01.5.2 of this Plan.
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.
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.
GROUP HO ME S
01.6.1
Definition and Location
Group homes may be permitted in all areas designated
Residential.
For the purposes of this section a group home is defined
as a single housekeeping unit in a residential dwelling
in which three to ten residents (excluding staff or the
receiving family) live as a family under responsible
supervision consistent with the requirements of its
residents. The home is licensed or approved under
provincial statute and in compliance with Municipal
By-Laws.
01.6..2 Policies
In order to prevent an undue concentration of group
homes in specific areas of the Municipality, all group
homes will require a Zoning Amendment before they may be
developed.
Group Home proposals will consider the following:
a) Determination of public need for group homes,
b) The adequacy and proximity of community facilities
such as schools, shopping, recreational facilities
and open space, and,
c) The adequacy of Municipal services to accommodate the
proposed development.
--
Facilities existing on the date the Zoning By-Law comes
into effect but not complying with the requirements of
the By-Law will be allowed to continue in operation but
will not be permitted to extend or expand without
Municipal approval.
.
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·
D.
02.
COMMERCIAL
02.1
GOAL
A well balanced and varied Commercial economy will be
established to serve the needs of residents of the Town of
Kincardine, the rural trade area and the travelling pUblic.
02.2
OBJECTIVES
02.2.1 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 Town's growth.
02.2.2 Oowntown and harbour improvement programmes, shall be
encouraged to maintain the downtown Commercial area as
the Town'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 Town.
02.2.3 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.
02.2.4 Neighbourhood commercial establishments shall be
encouraged to develop in harmony with, and in proximity
to Residential development as the market demands mature.
02.2.5 Adequate space shall be provided for Commercial uses
which are highway/service oriented and require large
parcels of land, and a high ration of parking to floor
area, but which do not compete on a functional basis
with the downtown or shopping centres.
02.2.6 The development of tourist-oriented Commercial
facilities to support a strong tourist industry shall be
encouraged.
02.3
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 Town.
Commercial uses within the Town of Kincardine may be
classified by function into four (4) groupings:
(a) A wide range of General Commercial uses located in
the downtown core, and within an existing shopping
plaza at the north end of Town, and designated as
General Commercial on the Land Use Plan (Schedule
"A") .
.
(b)
Highway Commercial uses such as motels, service
stations, car sales and servicing, fast food
restaurants and building supply centres, 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, and which are designated as Highway
Commercial on the Land Use Plan (Schedule "A").
(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 (Schedule "A"),
(d) Marine 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 Marine Commercial on
the Land Use Plan (Schedule" A").
Uses in Commercial areas, except the Local Commercial area,
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.
02.4
GENERAL POLICIES
02.4.1 New Commercial Oevelopment will be subject to the Site
Plan Controls of The Planning Act.
02.4.2 Landscaping shall be required as part of new Commercial
development, where possible.
02.4.3 Co-ordinated design in keeping with adjacent uses shall
be encouraged for building elevations.
02.4.4
Entrance and exit access to off-street parking areas
shall be designed to minimize danger to vehicular and
pedestrian traffic.
.
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02.4.5 Screening and buffering shall be provided between new
Commercial uses and adjacent uses, in accordance with
the provisions of the Zoning By-law.
02.4.6
02.4.7
02.5
Commercial establishments shall be encouraged to erect
signs which do not detract from the visual quality of
the Commercial area, with respect to size, location and
nature of construction.
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.
GENERAL COMMERCIAL POLICIES
02.5.1
02.5.2
02.5.3
02.5.4
02.5.5
. 02.5.6
The downtown core area shall continue to provide the
Commercial, Business and Institutional focal point for
the Town. All development and redevelopment shall be
directed toward retaining and improving the economic
viability of the core area.
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.
Residential units shall be permitted above Commercial
establishments, provided they complement the character
of the existing building, do not constitute a safety
hazard and have adequate off-street parking.
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.
Outside storage of supplies or waste materials shall be
discouraged.
Adequate off-street parking shall be provided to
encourage use of the downtown.
.
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02.5.7 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.
02.5. B
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.
02.6 HIGHWAY COMMERCIAL POLICIES
02.6.1 Unattractive strip development shall be discouraged.
Highway Commercial uses should be grouped for access and
servicing advantages. Comprehensive development will
occur by means of common access to arterial roads by
service roads, in order to prevent irregular lot depths
or land locking.
02.6.2 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 should 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.
02.6.3 New Highway Commercial development shall proceed by
means of an amendment to the Zoning By-Law in areas
designated for Highway Commercial uses.
02.6.4
Notwithstanding the permitted uses of Section 02.3, 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 Town.
02.7
LOCAL COMMERCIAL POLICIES
02.7.1 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.
02.7.2 Local Commercial development shall not affect the
economic viability of other Commercial areas, including
other Local Commercial uses.
02.7.3 Development shall be located and designed to minimize
traffic conflicts and where possible, shall be
encouraged to locate at street intersections.
02.7.4 Landscaping shall be provided between Local Commercial
uses and abutting Residential uses.
02.7.5 Adequate off-street parking shall be provided.
02.7.6 External advertisements and signs shall be designed to
maintain the appearance of the area.
02.7.7 The establishment of Local Commercial uses will proceed
by amendment of the Zoning By-Law.
02.B MARINE COMMERCIAL POLICIES
02.B.1 Marine 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
By-Law.
02.B.2 Aesthetic quality will be encouraged through the use of
Comprehensive Site Plan Controls under The Planning Act.
.
.
02. B. 3
Continued upgrading of marine facilities will be
encouraged to further develop the local tourist
industry.
02. B. 4
Site design considerations for Marine 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 Marine Commercial uses and
adjacent land uses,
d) Development will be of a type and scale which is
compatible with the area,
e) Adequate off- street parking shall be provided.
03. INDUSTRIAL
03.1 GOAL
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.
03.2 OBJECTIVES
03.2.1 Serviced areas for future industrial development will be
provided, and the development of a serviced Industrial
park with an attractive and functional site design will
be encouraged.
03.2.2 Oiversification and expansion of the Town's Industrial
base will be encouraged.
03.2.3 Secondary industries related to the B. N. P. O. or spin-
off industries related to the Bruce Energy Centre will
be encouraged to locate in Kincardine.
03.2.4 The Town of Kincardine will continue to follow an
aggressive industrial development strategy.
.
.
03.3
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.
Complementary uses such as wholesale outlets, offices and
showrooms accessory to an industrial operation may also be
permitted.
Other complementary uses may include recreational facilities
oriented to physical fitness, parks and open space, pUblic uses,
and commercial uses which directly serve the industries or
employees.
03.4 POLICIES
03.4.1 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.
03.4.2 New Industrial development will be subject to the Site
Plan Controls of The Planning Act.
03.4.3 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
03.4.4 Open storage of goods or materials shall be adequately
screened by plantings, berms, fences, or buildings
and shall comply with the provisions of the Zoning
By-Law.
03.4.5 Landscaping shall be provided where Industrial uses abut
Residential areas.
03.4.6 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.
.
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03.4.7 The development of a serviced Industrial Park will be
encouraged. The location of Industrial Parks shall
consider the following criteria:
(a) Proximity to arterial roads and rail facilitiesJ
(b)
The availability of Municipal services,
( c)
Compatibility with surrounding land uses.
o3,4.B The development of a serviced Industrial park owned by
the Municipality, to help attract Industry, is being
undertaken by Council.
03.4.9 Any secondary plan or plan of subdivision proposing an
Industrial park will provide for the preservation of
those existing landscape features which are determined
by Council to be worthy of conservation.
04. INSTITUTIONAL
04.1 GOAL
Institutional, educational and cultural facilities will be
provided in suitable locations to adequately serve all interest
groups.
04.2 OBJECTIVES
04.2.1 Institutional uses will be encouraged to serve the
entire Town and to locate within or near the core area
where possible.
04.2.2 Co-operative use of community facilities with nearby
Municipalities will be promoted.
04.2.3 Development of cultural facilities will be encouraged.
04.2.4 Multiple use of Institutional areas and buildings will
be promoted.
04.2.5 Creative use of design to blend Institutional uses into
the surrounding area will be promoted.
04.3 PERMITTED USES
In the Institutional classification of land, the predominant
use of land shall be for public and private Institutional uses.
Institutional uses are generally compatible with Residential
land uses, and are permitted in the Residential designation.
Institutional uses will also be permitted in the General
Commercial designation. Major Institutional uses (i.e. 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.
04.4
. 04.4.1
POLICIES
Institutional uses shall be located and designed to
perform efficiently without disrupting adjacent land
uses.
04.4.2 Joint use of both community and educational facilities,
and the location of schools adjacent to public open
space will be encouraged where practical.
04.4.3 Adequate buffering, screen planting and/or fencing shall
be provided between Institutional uses and adjacent
Residential areas.
04.4.4 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.
04.4.5 The Town will seek to assist the Bruce County Board of
Education and the Grey-Bruce Roman Catholic Separate
School Board by providing any information required to
determine future education requirements.
04.4.6 New Institutional uses shall proceed by amendment to the
Zoning By-Law and may be sUbject to the Site Plan
Controls of The Planning Act.
05. OPEN SPACE
05.1 GOAL
It shall be the goal of this Plan to maintain and enhance
the quality of the environment of the Town 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.
05.2
OBJECTI VES
05.2.1
Adequate urban parks and recreational facilities of all
sizes and functions will be provided.
.
.
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05.2.2 The Penetangore River Valleys and the Lake Huron
Shoreline will be developed as a major Open Space area,
both for natural environment protection, public use and
open space linking Residential and Commercial Areas.
05.2.3
A full range of recreational programmes will continue to
be promoted.
05.2.4 The development of the tourist industry will be
encouraged through improving and promoting tourist
attractions.
05.3
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 and similar Recreational uses, and buildings accessory
to such recreational and open space uses.
05.4
POLICIES
05.4.1 The Town's current Recreation Master Plan will be
reviewed and should address the following:
(a) Present use of park facilities,
(b) Alternative programmes for maximizing the use of
parks and Recreation programmes,
(c) Oetermination of public needs and Open Space
requirements,
(d) Tourist accommodations and attractions,
(e) Development of a linked Open Space system,
(f) Phasing of Recreation needs,
(g) Allocation of funds.
The Recreation Master Plan may be used as the basis for
an amendment of this Plan.
05.4.2 Public Open Space will be provided according to the
standards of the Bruce County South Official Plan.
These standards, converted to metric equivalents, are as
follows:
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.
PUBLIC OPEN SPACE AREA STANDARDS
AREA NUMBER OF SERVICE MINIMUM
HECTARES PER RADIUS SIZE
1000 POPULAT!ON
Sub- Included in .20 500 square
Neighbourhood neighbourhood k i lometres metres
Area and community
parks
Neighbourhood 2.0 .40 to .BO 4 h ect ares
Park and k ilometres
Elementary
Sc h 00 I
Combination
Community Park 1.5 1.6to2.4 12 hectares
and Secondary kilometres
School
Combination
Regional and 6.5 B to 50 20 hectares
Special Use kilometres
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.
05.4.3 As a condition of the development or redevelopment of
land, Council will generally require either the 5 per
cent conveyance of land for park purposes required under
Section 50(5) of The Planning Act, or the conveyance of
land according to a density-based ratio of 1 hectare for
each 300 dwelling units, as provided under Section 50(7)
of The Planning Act.
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05.4.4 Cash-in-lieu of the whole or part of the park dedication
may be accepted, pursuant to Section 50(B) and Section
41(6) of The Planning Act, under the following
circumstances:
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
c.) Where the required park dedication would render
the remainder of the development site unsuitable
or impractical for development.
05.4.5 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,
c.) Responsibilities are set out for the development
of the park area and the provision of park
facilities and equipment.
05.4,6 Parks and Open Space will be developed on the basis of
site plans.
05.4.7 Existing roadside trees cape shall be maintained or
replaced by the Municipality, wherever possible, and
roadside treeplanting shall be provided in new
subdivisions by the developer.
05.4.B 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.
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05.4.9 It shall be the policy of this Plan to retain existing
actively maintained parks within the Open Space
designation.
06. HAZARD LANDS
06.1
GOAL
Hazard Lands will be protected and preserved, in order that
there is no danger to life or property from use of the lands and
to conserve the natural and heritage features of the landscape.
06.2
OBJECTIVES
06.2.1 A long term programme will be established for public
acquisition of privately owned Hazard lands.
06.2.2 Natural and heritage resource features will be protected
and environmentally sensitive areas will be preserved.
06.3
PERMITTED USES
Hazard lands have physical limitations or hazards to
development which, because of their physical characteristics, in
combination with the location, sustain a risk for the occupants
of loss of life, property damage and social disruption, if
developed. Included are lands which are flood susceptible,
erosion susceptible, or are prone to instability as a result of
soil type, slope or drainage factors and heritage resources.
The main hazard lands within the Town of Kincardine are the
Penetangore River Valleys and the Lake Huron shoreline. The
predominant use of such lands will be for the conservation and
preservation of the natural landscape and heritage resources.
Other permitted uses shall include forest management, public
parks and non-intensive outdoor recreation uses and marinas.
06.4
POLICIES
06.4.1
The Hazard land mapping, as shown on the Land Use Plan
(Schedule "A"), is based on the floodline mapping
prepared on behalf of the Saugeen Valley Conservation
Authority (O.R. 119/7B). Should more detailed mapping
become available, or should flood control or other works
be undertaken which result in changes in any areas
designated as Hazard lands, this Plan will be amended as
required to incorporate such information.
.
06.4.2 No buildings or structures shall be permitted in the
Hazard Land designation except for such buildings,
structures or fill that are intended for flood or
erosion control or are normally associated with the
proper management of the natural environment or where
such are for public utilities, outdoor recreation or
marina purposes, and are approved by the Saugeen Valley
Conservation Authority and Council of the Town of
Kincardine. No placing or removing of fill of any kind,
whether originating on the site or elsewhere shall be
permitted unless approved by the Saugeen Valley
Conservation Authority.
06.4.3 Building setbacks from lands designated as Hazard Lands
shall be established in the Zoning By-Law, in accordance
with the degree of hazard ,having regard for the views of
the Saugeen Valley Conservation Authority and/or the
Ministry of Natural Resources. Hazard lands shall not
be included in the calculation of lot area.
06.4.4 The acquisition of Hazard Lands by the Municipality or
other public agencies will be promoted, to provide a
linked passive open space system within the Municipality
which is under public ownership. A linear park system
will be developed through the Hazard Lands if the lands
are acquired. Adequate numbers of access points to the
linear park system will be provided in order to permit
public use of the area.
06.4.5 A management programme for Hazard Lands will be
developed which will protect adjacent lands from
physical hazards or their effects.
06.4.6
Where land designated Hazard Land is under private
ownership, this Plan should not be construed to mean
that this land will remain as such indefinitely, nor
shall it be implied that such areas are free and open to
the general public or will be purchased by the
Municipality or other public agencies. An application
for the redesignation of Hazard Lands for other purposes
.
.
.
will be given due consideration by the Municipality
after taking into account:
(a) The existing environmental and/or physical
hazards,
(b)
The potential impacts of these hazards,
( c)
The proposed methods by which these impacts may be
overcome in a manner consistent with accepted
techniques and resource management practices,
(d) The costs and benefits in monetary, social and
biological value in terms of an engineering work
and/or resource management practices needed to
overcome these impacts.
(e) The preparation of an environmental impact
assessment for areas considered to be
environmentally sensitive.
There is no public obligation, however, either to
redesignate or to purchase any land if there is an
existing or potential hazard that would be difficult or
costly to overcome.
06.4.7 Where new development is proposed on a site, part of
which is designated as Hazard Lands, such lands shall
not necessarily be accepted as part of the 5 per cent
dedication for Open Space as required under Section 50
and Section 41 of The Planning Act. All lands dedicated
to the Municipality shall be conveyed in a physical
condition satisfactory to the Municipality. When an
open water course is involved, adequate space shall be
provided for maintenance and operation.
o6.4.B The expansion of any existing non-conforming uses in the
Hazard Land designation shall be discouraged.
.
.
SECTION -E-
MUNICIPAL SERVICES
E1. GOAL
Adequate and efficient systems of water supply, sanitary
sewers, storm drainage and waste disposal will be provided to
all areas of development in the Town of Kincardine.
E2.
OBJECTIVES
E2.1
E2.2
E 2.3
E2.4
E3.
New development will generally take place on the basis
of full Municipal services, (i.e. Municipal sanitary
sewers, Municipal water, storm drainage and waste
disposal) .
Premature development which would require the extension
of existing Municipal services and create an economic
burden on the Town of Kincardine will be discouraged.
All prospective subdividers will enter into a
subdivision agreement with the Municipality, which
incorporates conditions for servicing the development.
The Town will continue to expand its Municipal services
to accommodate future expansion.
POLICIES
E3.1
E3.2
A programme will be undertaken to provide sanitary sewer
service for developed areas within the Town which
presently use septic tanks, except where physical
conditions would make costs prohibitive. This would
apply to isolated homes separated from main sewer lines
by river valleys or long distances.
The Town has sufficient water supply facilities to
accommodate a serviced population of 15,000 persons,
water storage facilities to accommodate a capacity of
11,BOO persons and water filtration facilities to serve
9,250 persons. These facilities are adequate to provide
water supply to projected future Residential and
Industrial areas.
E3.3
~ E3.'
.
E3.5
The Kincardine Sewage Treatment Plant will accommodate
an estimated population of 10,000 persons and the
sewer outfall will accommodate 20,000 persons. This is
sufficient to accommodate the projected Residential and
Industrial development.
The landfill site within the Town has a life expectancy
of about 10 years. The Town will encourage the joint
planning and use of solid waste management sites, and in
order to meet the future solid waste disposal needs of
the Town, consideration will be given to a future
landfill site within the adjacent Townships in
co-operation with the neighbouring Municipalities, or
alternatively, the Town will consider participating in a
County waste management system.
The Town 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.
.
.
SECTION -F-
TRANSPORTATION
F1. GOAL
A comprehensive, well-planned transportation network will be
developed which provides for the efficient and safe movement of
people and goods to reduce travel time and provide a reasonable
number of alternative routes and methods.
Fl. OBJECTIVES
F2.1 Land use decisions and all development proposals shall
have regard to the implications for the transportation
network.
F 2.2
Channelization of through traffic to the appropriate
major traffic routes will be required.
F 2. 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.
F3.
CLASSIFICATION
Transportation will be by road, railway and water. Road
transport is the mode of transportation of greatest importance
to the Town of Kincardine at present. Roads are divided into
three (3) major categories:
F3.1 Arterial
Arterial roads are designed to handle movement of traffic on
as many as four (4) traffic lanes within or through the Town
and provide limited access to abutting properties.
Where possible, arterial roads shall have a minimum right-
of-way width of 30 metres (100 feet).
.
.
F3.2
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).
F3.3
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).
F3.4
Schedule "C"
Schedule "C", the Transportation Plan, shows the designation
of existing and proposed transportation facilities and routes.
F4. POLICIES
F4.1 GENERAL
F4.1.1 Airport improvements will be continued by the town, in
co-operation with the Township of Kincardine.
F4.1.2 Development of a high order transportation node north of
Kincardine, where air. rail and highway transportation
uses would converge will be encouraged.
F4. 1. 3 Public transportation will be considered in long-term
transportation planning as the need is established.
F4.1.4 The development and improvement of water transportation
facilities will be encouraged over the long term.
F4.1.5 The Town, in co-operation with other agencies, shall
seek to improve public access, both pedestrian and
vehicular, to the lakeshore.
F4.2
ROADS
F 4.2.1
. F4.2.2
F4. 2. 3
F4. 2. 4
F4.3
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.
The Town will co-ordinate with other agencies, including
the County of Bruce and the Ministry of Transportation
and Communications, responsibilities for maintenance and
improvement of roads within the Town.
The Transportation Services Committee of Council, in
conjunction with the Town Police Department, shall
identify major traffic hazards. These shall be
progressively eliminated as funds become available.
Council shall investigate the placing of signs on the
Highway Number 21, to direct motorists to the downtown
area and other points of interest.
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
lakes hare and the Penetangore River Valleys shall be
encouraged.
.
.
.
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
~ivision 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 (Schedule "A") 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:
G2. 2. 1
By registered plan of subdivision, or
G2. 2. 2
By consent of the Land ~ivision 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:
G2.3.1 Plans of subdivision 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.
G2.3.2 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 Town,
and is in the public interest.
.
.
G2. 3. 3
G2.4
G2. 4. 1
G2. 4. 2
G2. 4. 3
G2. 4. 4
G2. 4. 5
G2. 4. 6
G2. 4. 7
G2. 4. B
G2. 4.9
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.
If a registered Plan of Subdivision is not deemed
necessary, consents may be granted subject to the
following criteria:
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.
Consents will be granted in areas where the undue
extension of any major Municipal service will not be
required.
Consents shall be primarily used to infill existing
developed areas.
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.
Both the severed and retained parcels shall have
adequate frontage and access onto a public road which
is of a reasonable standard of construction.
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.
Ribbon development along arterial roads shall be
prevented and direct access to arterial roads shall
be restricted.
The topography, soils and drainage of the site are
satisfactory for the lot size and uses proposed.
In any case where the land involved in the
application is within, partly within or in the
vicinity of areas included in the Hazard Land
designation, such application for approval to sever
shall be accompanied by a report from the Saugeen
.
.
G2. 4.10
Valley Conservation Authority dealing with the
appropriateness of the proposed use or building
relative to conservation or flood control
considerations.
Consents to be granted shall be conditional upon an
agreement being entered into with the Municipality,
if required by the Council.
.
.
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.
The Council and any planning related bodies having
jurisdiction in the Town, 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 of
Adjustment will satisfy itself that:
H2.1 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.
H2,2
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 lot and to ensure
that there is adequate space for service lines, building
maintenance, and emergency access.
.
H2.3
H2.4
H2.5
H2.6
H2.7
H3.
Adequate provision is made for vehicular access and
off-street parking on the lot.
Building coverage does not preclude the provision of
adequate landscaped areas on the lot.
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.
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.
The Municipal services available are sufficient to
accommodate the proposed use.
NON-CONFORMING USES
H3.1
H3.2
H 3.3
. H3,4
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.
As a general rule, non-conforming uses throughout the
Town 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.
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.
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
.
H3. 4.1
.
H3. 4. 2
H3. 4,3
H3. 4. 4
H3. 4. 5
H3. 4. 6
H3. 4.7
H3.5
By-Law amendment without amending the Official Plan, if
it complies with the policies of this Section.
Alternatively, where there is a Committee of Adjustment,
the Committee may grant an extension or enlargement
under Section 44 of the Planning Act. However, the
Councilor Committee must be satisfied that the
following requirements, where relevant, will be
ful fi lIed:
The proposed extension or enlargement of the
established non-conforming use shall not unduly
aggravate the situation created by the existence of
the use.
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.
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.
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,
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.
Adequate provisions will be made for off-street
parking and loading facilities.
Municipal services such as water, sanitary and storm
sewers will be made adequate.
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:
H4.1
The zoning will not permit any significant change of use
or zone provisions that will aggravate any situation
detrimental to adjacent complying uses.
H4.2
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.
H4.3
They do not constitute a danger to surrounding uses and
persons by virtue of their hazardous nature or traffic
they generate.
H4.4
They do not pollute land and/or water to the extent of
interfering with the ordinary enjoyment of the property.
H4.5
They do not interfere with the desirable development or
enjoyment of the adjacent area.
HS.
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 Town of
Kincardine. The standards of the By-Law generally apply to
health and safety aspects of all properties. It prohibits the
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 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 Town of Kincardine.
Pursuant to Section 40 of The Planning Act, 1983, as amended
from time to time, the whole of the Town of Kincardine is
designated a proposed Site Plan Control area.
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, will be exempt. Such uses however, may
be subject to Site Plan Control in areas which exhibit physical
and/or environmental constraints, or, for special development
proposals involving reduced development standards.
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 Town will seek to
provide for development which, without limiting the foregoing,
will:
be functional for the proposed use,
be properly designed for on-site services and
facilities,
be safe for vehicle and pedestrian movements,
provide compatibility of conceptual design between uses,
minimize adverse effects on adjacent properties.
e
.
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:
H 6.1
H6.2
H6.3
H6.4
H6.5
H6.6
H 6.7
H6. B
H6. g
H 6.10
H6.11
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 Schedule "Co.
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.
Off-street vehicular parking and loading areas and
access driveways including the surfacing of such areas
and driveways.
Walkways and all other means of pedestrian access.
Removal of snow from access ramps, driveways, parking
areas and walkways.
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.
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.
Floodlighting of the land or of any buildings or
structures thereon.
Walls. berms, fences, hedges, trees, shrubs or other
suitable ground cover to provide adequate landscaping of
the land or protection to adjoining lands.
Vaults, central storage and collection areas and other
facilities and enclosures as may be required for the
storage of garbage and other waste material.
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 Oistricts,
according to the provisions of "The Ontario Heritage
Act", will be considered by the Town 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 preservation, sign regulation and
improvement area designation.
b) The designation of demolition control areas affected
by the maintenance and occupancy by-law.
c) Subdivision agreements requiring the retention or
protection of heritage resources.
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. CO"MUNITY IMPROVEMENTS
The Town of Kincardine will attempt to use all possible
means to achieve the Community Improvement goals and objectives
of this Plan.
The Councils may by By-Law establish one or more community
improvement project areas having regard for the policies of this
Plan. The boundaries of Community Improvement Project Areas may
not necessarily adhere to the boundaries of the Community
Improvement Policy Areas, and may for reasons such as need,
funding, project plans, etc. consist of areas smaller than the
Community Improvement Policy Areas, however the Community
Improvement Areas shall not be larger than that shown on
Schedule" B".
.
11
.
.
Council may undertake the preparation of Community
Improvement Plans in accordance with the guidelines of the
Ministry of Municipal Affairs for the whole or any part of
Community Improvement Areas. Such Plans shall be approved by
the Minister of Municipal Affairs. Community Improvement Plans
should include reasons for the selection of the area subject to
the Plan. The Plan should document background information
pertaining to the area subject to the Plan, such as conditions
of hard and soft services, building conditions, land uses, and
the improvements to be undertaken. Improvements may include
construction or improvements of hard services (i.e. roads,
sewers, sidewalks, etc.), improvement of traffic control and
transit facilities and devices, programs and plans for
improvement of publicly and privately owned lands and buildings,
improvement of public services and facilities, elimination of
inappropriate land uses, land redevelopment and any other
appropriate projects which meet the objectives for community
improvements.
Examples of implementation methods would include the
following:
Participation and support for Federal and Provincial
community improvement programs,
Use of municipal authority granted under Section 28 of
The Planning Act to designate community improvement
project areas, adopt community improvement plans and
acquire and service land etc.,
Encouragement of infill development,
Encouragement of Property Maintenance and Occupancy
Standards By-Law,
Continued support for historical preservation through
the application of the Heritage Act,
Co-operation with school boards, service clubs,
businessmen, industrialists, etc. to provide new
facilities, redevelopment projects or new services,
Encouragement of the rehabilitation of private buildings
by advising owners of government subsidies and programs,
and
Support and encourage Business Improvement Area
Organizations in their efforts to maintain a strong and
vital business area.
.
.
H10.
AMENOMENT AND REVIEW OF THE PLAN
It is not intended that the policies and land use
designations shall not change, although one of the stated
purposes of this Plan is to provide a continuing and consistent
guide for the future of the Town.
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:
H10.1.1 A major change in the boundaries between land use
districts occurs.
H10. 1.2 A proposed land use is not specifically permitted within
a particular land use designation.
H10.1.3 A revision is considered of any definition or policy
statement within the text.
H11.
SIGN CONTROL
It is intended that the Town will use legislation pursuant
to the Municipal Act governing signs to ensure that such uses
are appropriately regulated and controlled within the Town.
F"f'lI"'"
, *.1'" .f''''
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TOWN OF KINCARDINE
OFFICIAL PLAN UP-DATE
BACKGROUND REPORT
Bruce County Planning & Economic Development Department
June. 1986
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INTRODUCTION
'~
TABLE OF CONTENTS
PART I - BACKGROUND INFORMATION
(i)
( ii)
(iii)
(iv)
(v)
Bruce County South Official Plan
Provincial Planning Act
Papulation
Municipal Services
Development Trends
PART II - REVIEW OF EXISTING OFFICIAL PLAN
Section A
Section B
Section C
Section 0
Section E
Section F
Section G
Section H
Schedules
Introduction and Purpose
Basis of the Plan
General Development Policies
Detailed Land Use Policies
Municipal Services
Transportat ion
Land Division Policies
Implementation
-Art, -B- and -C-
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1
2
2
2
3
3
3
6
6
6
7
7
9
9
9
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12
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Page 1
TOhW OF KINCARDINE
OFFICIAL PLAN UP-DATE
'. BACKGROUND REPORT
INTRODUCTION
The Town aT Kincardine Official Plan was adoptedi November 1976.
The Plan has been amended on various occasions since t at timeJ
however, no comprehensive overall review has been unde taken.
The purpose of this Report is
(i) to provide back.round information on variou changes which
have Qccurredsince 1978 and which could af ect the
direction of a new Official Plan for the To nand,
( i i)
to evaluate the ~ppropriateness of the curr
planning policies of the Official Plan for
Kincardine as a basis for the development 0
if necessary.
nt land use
he Town aT
new policies,
It "is intended that through their consideration an
Report, the Town will be able to become aware of any a
deficiencies in the current Official Plan and will be
input at a very early stags regarding the direction af
reviewo-f this
eas of
bIe to have
the new Plan.
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Page 2
PART I
Background In~Drmation
(i) BRUCE COUNTY SOUTH OFFICIAL .PLAN
The Bruce County South Official Plan was adopted by County Council
in October, 19aO and approved by the Minister of Housing on June 2,
1961. One of the purposes of this Official Plan is to eatablish a
basiê planning policy framework for the development of local planning
programs. Within the context of this Official Plan, the Town of
Kincardine is designated as a 'Primary Urban Community' and the
relevant policies have been designed to recognize and reinforce the
role of the Town as one of the major urban service centres within the
County.
The County Official Plan does not contain detailed local land use
planning policies for the Town of Kincardine) but rather. requires
development of the Town to be guided by a detailed local Official Plan
which reflects a great variety of residential. institutional.
commercial and industrial activity.
In this regard, the basic policy approach and pattern of
development envisaged for the Town in the existing Official Plan
appears to conform to the basic planning policy framework established
by the County Official Plan and would seem to have adequately served
the needs of the Town since its adoption. Therefore the basic format
and policy approach of the existing Official Plan could be retained.
In considering an up-date of the existîng Official Plan for the
Town regard must be had for conformity to the general planning
framework established in the County Official Plan.
(ii) PROVINCIAL PLANNING ACT
The new Provincial Plann ing Act in 1983 changep various aspects of
the local,planning process and requirements. In this regard the
existing Official Plan will have to be up-dated with respect to:
terminology
approval processes
approval authorities
policý requirements pertaining to various Planning
implementation tools and techniques
Plan review requirements
IV
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P ag e 3
(iii)
POPULATION
"
In 1969, Ontario Hydro began construction of the B.N.P.O., one of
the largest nuclear generating complexes in the worl . The operators
and construction workers: required for this project h Ve hadamaj or
impact on the Town of Kincardine and the other lakes are municipalities
within the County. Kinqardine' spo>pulation expanded from 2,767 persons
in 1969 to 5,930 persons in 1982 -a 114% increase., This growth period
associated with BNPD ho~aver is axpected to change t one of Ndecline"
within the winding down of construction. The Town 0 Kincardine 1983
Economic Development strategy contains a detailed re iew of the
potential impacts of Ontario Hydro's programme on th Town's
population. In this reg.'rd, one of' the major goals 0 the Town has been
and in all likelihoodw~Jl continue to be, the promo ion of economic
development capable of replacing the losternployment opportunities at
the BNPD. ,
Oiscussions with Town Staff' suggest that the role of the Town as a
tourist andlor retiremen.t community is increasing. This observation
was further confirmed in. recent discussions with a lncardine Realtor
who estimated that 1 1n.5 dwelling purchasers are m grant from outside
of the Kincardine area.
the Coun ty Offic ial Plan contains the following population
proj ection for the Town':based upon a 1976 Bruce Cou ty Housing Stud y:
1E.§. 1981 !ill 1996
-
( actual)
--.. 4133 6000 *4 f)tþ. --,--4 afI:ä......
However as noted in the"F'lan, these figures are ,pro
are not intended to b~ used as planned population t
These figures have not been, up-dated as yet. Al tho
attempt to reflect deer'eased employment at the BNPD
to address such ather factors as spin-off industry
Energy Centre, increased tourism activity, or a pas
cOl'Mlunity role for théTown.
Table I contains t'heactual population figures
Assessment Office far the Town for the years 1975 t
seen, the papulation far the Town has shown a stead
1982 with a slight decrease from 1982 to 1985.
(iv) MUNI ÇIPAL SERVIJ;:E~
The Town has a water supply intake pipe which w
serviced population of >15,000 persons. Water stara
capacity of 11,800 persons and the water filtration
serve 9,250 person. The sewage treatment plant wil
estimated population of 10,000 persons and the outf
accommodate 20,000 pSX"$"ons. The landfill site has
expectancy of about 10:'¡" 11 years.
(v) DEVELOPMENT TRENDS
ided as' a guide and
rgets or limits.
gh the figures
they do not appear
rom the Bruce
i b 1 ere t ir em en t
..
rom the Regional
1985. As can be
increase up until
llaccommodate a
e facilities have a
facilities can
accommodate an
11 sewer will
n estimated life
: "':"
Residehtial - Civen~the existing population of ~he Town at
approximately 6000 persons and the projected loas of jobs at the
R.NPn i-noCli-h.::.,.. wit:h:;:t:he existinll munic.1cal servilcing capacities, it
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PageS
9,250 personsshauld not need tabe increased. Fu thermore, the
retention of this design population should be suff ',cient to accom"
modate reasonable popu:lation increases from other ~our.ces such as
the Bruce Energy Centre spin-off industry, tourism~ retirement,
ete. I
I
A cursory review of thèrecentlyRegistered and/orloraft Approved
Plans of Subdivision indicated that thera are abou~ 300 potential
low density residential building lots in the Town. I At a rate of
2.5 persons per dwelling~ this translates into a p1tential
population inorase of 750 persons.
In view of the foregot.ng~ no significant changes a e anticipated in
the amount of lanctcurrently designated for Reside tial purposes.
Industrial"" The Town of Kincardine 1983 Economic evelopment
Strategy indicates that there are 162.36 developab e acres of
vacant land designated Industrial in the existing fficial Plan.
The Report concludes that a land base of 110 acres would
satisfactorily acco~odate the long term planning eeds of the Town
for a design population of 9250 p'rsons. and, furt sr, it notes
that this estimate has been confirmed with the Min'stry of Industry
and Trade. Accordingly, no signiÆicant changes ar anticipated in
the amount of land currently designated for Indust ial purposes.
The Bruce Energy Centre is not located within the own. however,
spin-off industry and population within the Town will likely be
affected by this development. Although the existi g land use
designations would app~ear to be satisfactory in this regard, the
policies of the Town', Offiaial Plan should reflect the current
stage of development and the support of.the Town~ for this
proposal.
Commercial - The m~iA thrust of the current Comm
aimed at providing th',best shopping opportunitie
residents of the Town while at the same time aim!
strengthening of the Central Business District.
development trends within the Town appear to have
with this goal. The Jown has experienced some"pr
additironal general commarcialopportunities at th
commercial node attha intersection of Queen Stre
" , ' I'
Avenue. A smallampul"lt of general commercial dav
location would not appear inappropriate given the
Highway No. 21 By-Pàss, and the '1 imi ted amount of
use to serve this irnmlidiate area, provided howev
'"
development does notadverselY<êáffect the central
rcial policies is
possible for the
g towards a
ommercial
been consistent
ssure however for
existing highway
t and Kincardine
lopment in this
completion of the
such commercial
rthat, such
bus iness area.
Marine Commercial - Interest has been shown in ce tain developments
associated with the herqour area. While the deve opment of tourist
oriented land uses iN this vicinity would be of b nefit to the
Town , it is also important that careful cons idera ian be given to
such development to ~"sure a harmonious visual an function
development of this<area. In addition, those exi, ting policies of
the Town's Official Plan which encourage a strengthening of the
ties between the dowl'1:town and harbour will likely become
increasingly import.ån't. to the general development pattern of the
To wn .
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Page 6
PART II
REVIEW OF THE EXISTING OFFICIAL PLAN
The fallowing analysis of the existing Official Plan fallows the
same basic format as the Plan itself.
SECTION A1 - INTRODUCTION
As the existing Official Plan was prepared and adapted in the
latter 1970's same of the terminology should be changed to reflect the
new Planning Act. In addition, the MSackground" should be up-dated to
reflect the current setting.
SECTION A2 - PURPOSE
Generally the existing policies would seem satisfactory.
SECTION B - BASIS OF THE PLAN
The detailed Land Use Policies and Designations of the Official
Plan are formulated from certain underlying assumptions which form the
basis of the Plan.
Various assumptions contained in the existing Plan have changed and
there are new issues which should be reflected.
The fallowing changes are suggested:
the short term planning period shaul? be up-dated to the year
1991 (5 years) and the long term up-dated to the year 2000.
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positive initiatives!n the form of the Bruce
Tourism should be reflected .
nergy Centre and '
i
adequate waste management facili ties should be included.
the question of future annexation(s) ahould be addressed and if
necessary, reflected in the'Plan.
i
i
given the historical and expected future popul~tion levels,
together with the servicing capacitycf the To n, the design
papulation of 9,250perscns should be retained
SECTION C - GENERAL OEVELoPt£NT POLICIES
This Section establishes general policies relating to the various
land use categories designé! ted by the Official Plan.
The general goals and objectives of the Official P an as
established in this sectiOn, -ror the most part, would eem to be
satisfactory. Some al tera:tions 'however, should be made to reflect a
mare advanced stage of d;e"èlöpment for the Bruce Energ Centre and the
joint economic development efforts currently underway in the South
Bruce L.akashore Area. In add i ticn, some of the termi ology should be
changed to reflect the new Planning Act.
~
/¡í
Conmunity Improvement Policies for the Town are c ntained in the
County Official Plan. I'tiásuggested that this sect'on of the Plan
should either repeat the ~oticies in the County Offic'al Plan. or
alternatively, refer th~ Þeader to the appr~priate se ticn of the
County Official Plan.
SECTION 0 - DETAILED LAND USE POLICIES
This Section establishes detailed policies relati g to the various
land use categories which are shown on Schedule "A" ( ap) to the
Official Plan. Þ
The range of land u.e categories - Residential, C
Industrial, Institution~l\Open Space and Hazard waul
satisfactory, as do the 'Goals' and 'Objectives' whic
established for each_
mmercial,
appear to be
have been
,-
Wi th res pect to the more detailed I and use pol 1c i s appl icable to
the various categories the following changes are sugg sted:
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Residential
reduced urban development standards are now possible in certain
instances but only for areas of new development. The
restriction to areas of new development should be removed in
order that this approach may be utilized in areas of existing
development which require unique development standards such as
the Goderich Street area
the density of residential development (ie units per acre)
should be specified
in an effort to encourage tourist activity, Bed and Breakfast
and Tourist Homes could be considered subject to appropriate
development policies
Commercial
in order to provide for a reasonable range of shopping
facilities to serve the Town, a limited amount of general
commercial uses could be considered within the existing
Kincardine Avenue and Queen Street Highway Commercial node.
This would also recognize the changed function of Kincardine
. Avenue since the completion of the Highway No. 21 bypass.
the' up-grading of marina facilities should be encouraged to
strengthen the Town's tourist industry_
l\\q1' -
-. \ Industrial
~s
~t
(,
certain complementary uses such as wholesale outlets, fitness
facilities, and commercial uses which directly serve the
industrial areas could be considered.
Institutional
institutional uses are permitted by the existing Official Plan
in the Residential designation. It is sug~sted that many such
uses could also be permitted in the General Commercial
designation.
Hazard
the ma~r hazard lands within the Town are the Penetangore River
Valley and the Lake Huron Shoreline. Although the predominant
use of such lands is to be for conservation purposes,
consideration should be given to recognizing marina facilities
as permitted uses.
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Electric Power Facilities
with the new Plahni~g Act. Ontario Hydro facil ties which have
been approved under-the Environmental Assessme t Act are
exempt from the planning controls of the Plann ng Act. This
section should beup"'dated to more clearly def ne the relevant
policies.
SECTION E - ruNICIPAL SERViCES
The Goals and Objectives of this$ectionwould app ar to generally
be satisfactory.
Phasing of development in accordance wi th the thre service areas
identified in the existihg Plan would no longer appear to be
.',:
necessary. It is suggestlit.d that this section should r quire all
development to be phased to the satisfaction of the To n and that two
sets of policies be develqped - one for service areas and one for
unserviced areas. In addition. servicing capacities should be updated
where necessary.
SECTION F.- TRANSPORTATION
The Goals and Objecti\Ú!~ of this Section. as well as the road
classifications. would appear to generally be satisfa tory.
The 'Transportation Plan' should be up-dated if n cessary. on
information provided by the Town Staff. Po~icies reI ted to railway
service and lands should also be updated. References to the BCSOP
should be updated.
-f4U2-- ovJ-" 5 ~_. . (:...--.~_J... .. .. (~.
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SECTION G ... LAND OIVISION:'POLICIES
The 'Purpose' of this Section would seem satisfac arYl however. it
should be updated to refl.ect changes in the consen~ g anting process
since the flewPlanningÅQit. The specific 'Policies' elative to the
creation of lots would apþear to be satisfactor~.
."
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SECTION H - I~LEMENTATION
Generally. this section would seem to be satisfactory however.
some of the ,terminology and policies will require modification to
reflect the new Planning Act. in particular. the Plan Amendment process
and Site Plan Control.
With the new Planning Act. a number of new policies requirements
have been made of those municipalities using. or wishing to use.
certain planning implementation techniques. The following is a summary
of each with suggested applications for the Town.
Site Plan Control - The use of Site Plan Control is now contingent
on specific Official Plan policies. Before Site Plan Control can
be used. a proposed Site Plan Area must be shown or described in
the Official Plan and a Site Plan By-Law must be passed by
Council. It is suggested that the whole of the Town of Kincardine
be described as a proposed Site Plan Control Area with the
exception of single and semi-detached dwellings.
Road Widenings may also be obtained through Site Plan Control
however. details of these widenings must be known in order that
they can be described or shown in the Official Plan. It does not
appear that sufficient information will be available for this
purpose.
Holding Zones - The Holding provlslons of the New Planning Act
enable a municipality to identify. in a Zoning By-Law. the use(s)
that are ultimately intended for specific lands. but to delay their
actual development until some later tim~ when identified conditions
are met. In order to use these provisions. the municipality must
know precisely what uses will be developed. as well as when and
under what conditions the Holding Zone will be removed from the
land. Otherwise the more traditional approach of zoning to
existing uses should be employed.
These provisions could be considered for (i) the Central
Commercial Area where the growth and expansion 6f retail and
service commercial activity is being accommodated through the
renovat ion or replacement of residences; (i i) ind ustrial park
lands to clearly state the Town's commitment to their development
while at the same time ensuring that the lands are utilized in an
efficient and effective manner. and (iii) marine commercial
developmen~~.
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Alternate Notice - The new Planning Act prescribes ertain notice
requirements for amendm...nts to the Official Plan an By-Law. If
there are instances where it may be appropriate to stablish
alternate procedures~ the Act provides an option of establishing
such procedures in the:Official Plan. In this rega d~ it is noted
that alternate proced\Jres have been approv'ed in the County Official
Plan and are available to the County and its member i
I
municipalities. Cu.rrèntly~ the Town has the option'of employing
those Notice prOCedUI"ês.provided for the in Plann!n Act, or~using
the al tern ate procadura;$ provided for in the Coun ty PI an. This
arrangement would appefÍt to be satisfactory.
Bonus By~Laws - The Banu9 provisions of the new PI
enable a municipality to award increases in height
development in return for meet ing spec ific mun icipa
objectives. The provi~;ion's are intended to provide
encourage private seebOl;; 'involvement in the achieve
public objectives such. :ê!s the provision of special
housing~ the preservå't'lonof buildings of historica
architectural value, b~ ..t.h. e provision of additional
, .
other serviòes.
nning Act
nd denaity of
planning
incentives to
ent of stated
r assi s ted
or
open space or
In' 1 ight of the seal Ii Qf new developments typical i thin the Town ~
i twould seem doubtful whether sufficient incentive could be
provided by the Townr Qr~ that significant enough increases in
height or density coulc:lbe achieved ~ to use Bonus ovisions
successfully.
Temporary Use By-Laws ~..., Temporary Use By-Laws are
allow 1 and and, bui ld tngs -to be zoned for. temporary
renewable period up to!~years. They are not inte
as Holding By-Laws but rather as a positive way to
it is known that specific use is appropriate in th
The By-Law must cQnfOrm to the Official Plan.
intended to
uses for
ded to be used
zone land where
short term.
Official Plan policies are not a necessary prerequ
of these By-Laws andalthbugh such By-Laws can gen
useful planning tool,tt is important that the ~se
carefully considered to ensure that they will ~ in
" temporary".
site to the use
rally serve as a
permitted be
act~ be
,to
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Page 12
Cash-in-Lieu of Parking - The new Planning Act allows the Town the
option of entering into an agreement with the owner or occupant of
a building site. exempting that person from the parking
i,~;,,~ I.~ "', requirements set out in the By-Law and requiring that cash-in-lieu
payments be made to the Town.
Official Plan policies are not necessary for the use of the Cash-
In-Lieu provision and this planning tool will likely be of most
benefit to the Town in its central commercial area. or marine
commercial developments where adequate off-site parking facilities
(ie. municipal parking) are provided to compensate far the reduced
level or lack of on-site facilities.
.- ~-~~ ~.
SCHEDULE -A- - ~AND U~E PLAN
Generally the pattern of development envisaged by the existing Plan
would seem to be reasonableJ however. the Schedule should be up-
dated to reflect changes resulting from the review of this
Background Report by the Town.
SCHEDULE -B- - SERVICES PLAN
The necessity of this Schedule will be considered based upon the
review of this Background Report by the Town.
SCHEDULE ·C· - TRANSPORTATION PLAN
.
The function of the various roads within the Tpwn should be
reviewed with the Town and this Schedule modified accordingly.
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Page 13
PART III
SU"MRY
Since the approval of the current Town of Kincardi e Official
Plan in 1979 certain changes have taken place which af. ect various
assumptions upon which the current Plan is based and n~w issues have
arisen. These incl ude decreased employment opportun i t ~es at 8NPD,
positive initiatives in th.e Torm of the Bruce Energy C ntre and
Tourism, new Planning legislation, increased economic evelopment
promotion activity, etc.
The Goals and Objectives for the current Plan and
use designations have bee~ reviewed vis a vis the curr
planning issues facing the Town and it would appear th
goals and objectives would 'still be valid today. Cart
however, should be made to the more detailed planning
current Plan in recognition of the 1986 setting in ord
the general objectives of the Plan can be met.
ts various 1 and
nt land use
t these general
in changes
olicies of the
r to ensure that
Based upon the results of the Town's consideration
Background Report, a newQX"åft Official Plan for the T
prepared arid reviewed with the Town.
of this
wn will be
...
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