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HomeMy WebLinkAboutKIN 85 4662 Sp Control Area CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 4662 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 approved by the Minister of Housing in effect, covering the area within the limits of the Town of Kincardine; AND WHEREAS the Council of the Corporation of the Town of Kincardine is empowered, pursuant to Section 40 of the Planning Act, R.S.O. 1980, Chapter 379, as amended, to designate the whole, or any part of the area covered by an Official Plan 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), C(l), C(2), C(3), C(4), 1(1), and M(l), as defined in the Town of Kincardine's comprehensive zoning By-law, By-law number 4350 and amendments thereto, shall be designated as a site plan control area. 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 and drawings 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, . 1. The existing building or structure has not previously received approval under this By-law; and 2. 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; (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, which ever is the lessor, provided that: .....2 . . (2) BY-LAW NO. 4662 1. The existing building or structure en the accessory building has not previously received approval under this By-law and 2. 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 Marshall Act 4. The Mayor and Clerk of the Corporation of the Town of Kincardine shall be authorized to execute any agreement authorized by the Council of the Corporation of the Town of Kincardine and affix the Corporate Seal; 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. Every person who violates any provision of this By-law or causes or permits a violation, shall be guilty of an offence and upon conviction therefore, shall forfeit and pay a penalty not exceeding One Thousand Dollars (1000.00) inclusive of costs for each such offence. 7. By-law 4412 passed on the 3rd day of December, 1981 be and the same is hereby repealed. READ a FIRST and SECOND TIME this ~ day of April , 1985. ~~/-- 4' J#~ /" Clerk Mayor READ a THIRD TIME and FINALLY PASSED this 3rd day of May 1985. , ~a-~ ~ /(t~~ ~ Clerk ~ -/ -- Mayor ::-