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
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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.
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