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.
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Mayor
READ a THIRD TIME and FINALLY PASSED this 3rd day of May
1985.
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