HomeMy WebLinkAboutKIN 81 4412 Design Sp Cont Area
CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW 1.412
A By-law to designate a site plan control area
for the Town of Kincardine.
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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;
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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,
er 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, ~~
part of a section that 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:
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1. All lands within the zoning designations R(3), R(3-l),
R(4), C(l), C(2), C(3), C(4) and M(l), as defined in the
Town of Kincardines 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, drawing, and agreements and other matters referred
to it in Section 40 of the said Planning Act.
3. The following classes of development maybe 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, provi?ßàiiaf&~
1. The existing or structure has not previously
rece! ved 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;
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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:
1) the existing building or structure on 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 12 months from
the date of this application for a building
permit;
c) Any addition required, in order to comply with
the fire marshall act;
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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 provisions 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 ($1,000.00)
inclusive of costs for each such offence.
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READ A FIRST and SECOND TIME this 19th day of November, 1981.
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READ a THIRD TIME and FINALLY PASSED this 3rd day of December
1981
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Clerk Administrator
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