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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. ,..- . . ---... . Mayor ~\.~ Deputy-~erk :.' '.~ .~-: ~._-.__.~--' -:<.....: -'-.. ".:...:.;,.\;.'-