HomeMy WebLinkAbout21 074 Municipality of Kincardine Site Plan Control By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2021 - 074
BEING A BY-LAW TO DESIGNATE
A SITE PLAN CONTROL AREA
FOR THE MUNICIPALITY OF KINCARDINE
WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c.P.13 ^Planning Act_!
provides in part that, where in an official plan an area is shown or described as a
proposed site plan control area, the Council of the local municipality in which the
proposed area is situate may, by by-law, designate the whole or any part of such
area as a site plan control area;
AND WHEREAS the Corporation of the Township of Bruce and the Corporation of
the Town of Kincardine were amalgamated, and now form part of The Corporation
of the Municipality of Kincardine;
AND WHEREAS the Corporation of the Township of Bruce passed By-Law No. 81-
23 on October 7, 1981, which was a by-law to designate lands within The
Corporation of the Township of Bruce as a Site Plan Control Area;
AND WHEREAS the Corporation of the Town of Kincardine passed By-Law No.
1990-14, Site Plan Control By-law, on March 1, 1990, designating certain lands
within the Town of Kincardine as a Site Plan Control Area;
AND WHEREAS in the Local Official Plan for the Corporation of the Municipality of
Kincardine,the whole of the Municipality of Kincardine is shown or described as a
proposed site plan control area;
AND WHEREAS Council of The Corporation of the Municipality of Kincardine
considers it appropriate to designate the whole of the Municipality of Kincardine as
a Site Plan Control Area, and to update and consolidate the existing Site Plan
Control By-laws, being By-Law 1990-14 and By-Law 81-23, and to delegate its
powers or authority under Section 41 of the Planning Act to certain appointed
officials of the Corporation;
NOW THEREFORE The Corporation of the Municipality of Kincardine enacts as
follows:
1.The whole of theMunicipality of Kincardineis hereby designated as a Site
Plan Control Area.
2. For the purposes of this by-law, "development" shall mean development as
defined in subsection 41(1) of the Planning Act
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By-law No. 2021 - 074
3. No person shall undertake any development within a Site Plan Control Area
unless the Council for the Municipality of Kincardine or any person delegated
authority to do so by Council has approved plans or drawings in accordance
with subsection 41(4) of the Planning Act and imposed any conditions in
accordance with subsection 41(7) of the Planning Act.Pursuant to subsection
41(13)(a) of the Planning Act, the following classes of development are
exempt from the requirements of subsections 41(4) and (5) of the Planning
Act:
a) Single detached, semi-detached and group homes, duplex, triplex and
three unit row dwellings, except Home based business, Bed and Breakfast
Establishments and Garden Suites or to establish lot grading and
drainage approval on lots where such requirement do not otherwise apply
through the provisions of a subdivision or development agreementor
when adjacent to areas, which exhibit physical limitations or
environmental hazards, such as floodplains, steep slopes, etc., or
identified natural environment features; or, for special development
proposals involving reduced development standards;
b) Agricultural and farm related buildings, building additions, building
alterations or structures that are utilized in farming operations but not
including agricultural-commercial or industrial operations;
c)Sand and gravel pits;
d) Building and structures for flood control or conservation purposes;
e) Portable classrooms on a school site of a district school board;
f)Permitted buildings or structures on lands owned by the Municipality of
Kincardine; and
g) Clauses 4 a)-f) shall not apply for development in which the Saugeen
Valley Conservation Authority requires a site plan and site plan
agreement.
4. Council hereby designates all of its powers and authority under Section 41 of
the Planning Act, with the exception of authority to define the class or classes
of development that will or will not be subject to Site Plan approval, to the
Chief Building Official, with respect to the following:
a) Any accessory building or structure; or
b) Any enlargement, improvement or alteration to a legally existing
building or structure; or
c) Such enlargement, improvement or alteration does not materially alter
the front or exterior side elevation of any existing building or structure.
5. The Mayor and Clerk of the Corporation are hereby authorized to execute any
agreement required pursuant to this by-law.
6. Unless otherwise determined by Council, an agreement mentioned in Clause
6 shall be registered on title to the the land to which it appliesat the applicable
Land Registry Office, in accordance with the provisions of subsection 41(10)
of the Planning Act.
7. No building permit shall be issued for any development subject to this By-law
until site plan approval has been obtained and, if imposed as a condition of
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Municipality of Kincardine Site Plan Control By-law
By-law No. 2021 - 074
approval, an agreement has been executed and registered on title in
accordance with Clause 7 of this By-law.
8. Every person who uses any lot or erects or uses any building or structure or
any part of any lot, building or structure in a manner contrary to any
requirements of this By-law, or who causes or permits such use or erection,
or who violates any provisions of this By-law or permits such a violation, shall
be guilty of an offence, and upon conviction thereof, shall forfeit and pay a
penalty pursuant to Section 67 of the Planning Act.
9. This by-law replaces The Corporation of the Township of Bruce By-Law No.
81-23 and The Corporation of the Town of Kincardine By-Law No. 1990-14,
which are hereby repealed.
10. This by-law shall come into full force and have immediate effect upon final
passage thereof.
11. This by-ODZ PD\\ EH FLWHG DV WKH ^Municipality of Kincardine Site Plan Control
By-:DZ_$
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READ a FIRST andSECONDTIME this 19 day of April, 2021.
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READ a THIRDTIME and FINALLYPASSED this 19 day of April, 2021.
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Deputy Mayor Clerk