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HomeMy WebLinkAboutKIN 86 4786 Sp - Control Area
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 4786
.
BEING A BY-LAW TO DESIGNATE A SITE PLAN CONTROL AREA FOR THE TOWN
OF KINCARDINE
WHEREAS The corporation of the Town of Kincardine has an official
plan in effect which describes certain lands within the Town as a
proposed site plan control area;
AND WHEREAS the Council of The corporation of
Kincardine is empowered pursuant to Section 40 of
Act, S.O. 1983, Chapter one, to designate the whole
of such area as a site plan control area;
the
the
or
Town of
Planning
any part
AND WHEREAS it is the declared intention of the Council of The
corporation of the Town of Kincardine that any section or part of
a section of this by-law which might subsequently be held to be
illegal, shall be severable from the remainder of the by-law and
shall not be deemed to have persuaded or influenced the Council
to pass the remainder of this by-law;
NOW THEREFORE THE COUNCIL of The Corporation of the Town of
Kincardine ENACTS as follows:
1. The following lands are hereby designated as a site plan
control area:
Those lands within the following zones, and any sub-
zones thereof, as identified in the Town of Kincardine
Zoning By-law No. 4350, as amended:
Residential 'R3' , 'R4' , and 'RS' zones
Commercial 'Cl' , 'C2', 'C3' , and 'C4' zones
Industrial 'Ml' zone: and
Institutional 'II' zone
Open Space 'OS' zone
2. No person shall undertake any development in the site plan
control area designated under Section 1 of this by-law
unless the Council of The corporation of the Town of
Kincardine has approved of plans, drawings, agreements and
other matters referred to in Section 40 of the Planning Act.
3.
The following classes of
without the approval of
required under Section 2 of
development may
plans, drawings,
this by-law:
be undertaken
etc, otherwise
.
(i)
An enlargement, improvement or other alteration
not exceeding one half of the gross floor area of
an existing building or structure: or 100 square
metres of floor area, which ever is lesser,
provided that:
(a)
the existing building or structure
previously received approval under
law or a predecessor thereof;
has not
this by-
(b) no building permit has been issued for the
eXisting building or structure within tþe
previous twelve (12) months from the date of
application for a building permit; and
-2-
(c)
the enlargement, improvement
does not materially alter
exterior side elevation of
building or structure.
or alteration
the front or
the existing
.
(ii) An accessory building or structure not exceeding
one half of the gross floor area of the principle
building or structure; or 100 square metres of the
floor area, which ever is lesser, provided that:
(a) the existing building or structure has not
previously received approval under this by-
law: and
(b) no building permit has been issued for the
existing building or structure or accessory
building or structure within the previous
twelve (12) months from the date of
application for a building permit.
(iii)
Any addition required in order to comply with the
Fire Marshall's Act.
4.
The mayor and clerk of The corporation of
Kincardine are hereby authorized to execute
required pursuant to this by-law and affix
seal.
the Town of
any agreement
the corporate
S. The provision of Section 325 of the Municipal Act R.S.O.
1980, Chapter 302, as amended, shall apply to any approval
or agreement authorized by the council of The corporation of
the Town of Kincardine pursuant to this by-law and said
Section 40 of the said Planning Act.
6. By-law 4719 passed on the 20th day of February, 1986 be and
the same is hereby repealed.
7. That this by-law shall come into full force and effect
immediately upon its final passage.
READ a FIRST and SECOND TIME this 18th day of December, 1986.
JtM/l/ tf ~nU
Reeve
READ a THIRD TIME and FINALLY PASSED this 8th day of January,
1987.
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. .
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.
Mayor
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Deputy-~erk :.'
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