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HomeMy WebLinkAboutKIN 86 4719 Designate Site Pl CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 4719 . BEING A BY-LAW TO DESIGNATE A SITE PLAN CONTROL AREA FOR THE TOWN OF KINCARDINE. WHEREAS the Corporation of the Town an official plan approved by the Minister of covering the area within the limits of the Town of Kincardine has Housing in effect of Kincardine; AND WHEREAS the Corporation of the County of Bruce has adopted an official plan amendment which describes the Town of Kincardine as a site plan control area and establishes policies concerning site plan control; AND WHEREAS pursuant to Section 40 of the Planning Act, S.O. 1983 Chapter 1, as amended, the council of a local municipality, where, in an official plan, an area is shown or described as a proposed site plan control area, may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS it is the declared intention of the council of the corporation of the Town of Kincardine that any section, or part of a section of this by-law which might subsequently be held to be illegal by a court of competent jurisdiction, shall be severable from the remainder of this by-law and shall not affect the rest of this by-law; THEREFORE the council of the corporation of the Town of Kincardine ENACTS as follows: 1. All lands within the zoning designations R(3), R(3-1), R(4), R(5), C(l), C(2), C(3), C(4), I (1), and M(l), as defined in the Town of Kincardine's comprehensive zoning By-law, By-law number 4350 and amendments thereto, and any sub zones thereof,are hereby designated as a site plan control; 2. No person (or corporation) 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 and agreements and other matters referred to it in section 40 of the said planning Act; 3. The following classes of development may be undertaken without the approval of plans, drawings, etc. otherwise required under Section 2 of this by-law: . (a) An addition not exceeding one half of the building floor area of an existing building or structure or a 100 square metres of building floor area, which ever is lessor, provided that; (i) The existing building or structure has not previously received approval under this by-law or a predecessor thereof; (ii) No building permit has been issued for the same building or structure within the previous twelve months from the date of this application for a building permit; and .......2 - 2 - BY-LAW NO. 4719 . (iii) The addition does not materially alter front or exterior side elevation of the existing building or structure; (b) An accessory building not exceeding one half of the building floor area of the principle building or structure or 100 square metres of building floor area, whichever is the lessor, provided that; (i) The existing building or structure on the accessory building has not previously received approval under this by-law and (ii) No building permit has been issued for the same building or structure or accessory building within the previous twelve months from the date of this application for a building permit; (c) Any addition required in order to comply with the Fire Marshalls Act; 4. The mayor and clerk of Town of Kincardine shall be any agreement authorized Corporation of the Town of the corporate seal; the Corporation of the authorized to execute by the council of the Kincardine and affix 5. 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 4662 passed on the 3rd day of May, 1985 be and the same is hereby repealed. 7. That this by-law shall come into full force and effect immediately upon Ministry approval of the official plan amendment of the Corporation of the County of Bruce establishing site plan control policies for the County of Bruce, READ a FIRST and SECOND TIME this 6th day of February, 1986. M Y r Clerk . READ a THIRD TIME and FINALLY PASSED this 20th day of February, / 1986. ~ ' -- - ~ - ~~~~~~ ~