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By-Law No. 2026-11
BEING A BY-LAW PASSED PURSUANT TO THE PROVISIONS OF
SECTION 38 OF THE PLANNING ACT, R.S.O. 1990, C. P 13, AS
AMENDED TO ESTABLISH INTERIM CONTROL PROVISIONS
FOR THE DUTTON SETTLEMENT AREA IN THE CORPORATION
OF
THE
MUNICIPALITY
OF
DUTTON
DUNWICH
AS
A
MORATORIUM TO PAUSE DEVELOPMENT FOR A PERIOD OF
TWELVE (12) MONTHS IN ORDER TO ALLOW FOR THE
APPROPRIATE
COMPLETION
OF
FURTHER
STUDY
AND
FACILITY UPGRADES.
WHEREAS, Section 38 of the Planning Act, R.S.O. 1990, c. P.13., as amended,
authorizes the Council of a local municipality to pass an interim control by-law, which
prohibits the use of land, buildings or structures within the municipality or within any
defined area thereof for such purposes as set out in the by-law, if the Council has
directed that a review or study be undertaken in respect of land use planning policies
in the municipality, or in any defined area or areas thereof;
AND WHEREAS the Council of the Corporation of the Municipality of Dutton Dunwich
has passed a resolution directing that a focused study and wastewater service
upgrades within the settlement area of Dutton, as shown on Schedule 'A' attached
hereto, be undertaken as a moratorium to pause new development in order to review
the existing policy framework and associated land uses to address municipal servicing
capacity limitations for future development;
AND WHEREAS the Council of the Corporation of the Municipality of Dutton Dunwich
deems it necessary and expedient to pass and extension to an interim control by-
law, with respect to all land, buildings and structures, as shown on Schedule 'A'
attached hereto as a defined area while a study is being completed.
THEREFORE, it is enacted as a by-law of the Corporation of the Municipality of Dutton
Dunwich by the Council thereof as follows:
1. This by-law applies to the defined areas in the Municipality of Dutton
Dunwich identified on Schedule 'A' attached to this by-law, identified as the
'Dutton Boundary' which is defined as lands within the settlement boundary
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area of Dutton, which is serviced by the Dutton Wastewater Treatment Plan
(WWTP).
2. Notwithstanding any other by-law to the contrary, no person shall, for the
lands identified on Schedule 'A' attached hereto:
a. Use any land, buildings or structures for any purpose whatsoever
except for a use that lawfully existed on the date of the passage of
this by-law as long as it continues to be used for such purposes.
b. No development applications which propose to be serviced by the
Dutton WWTP shall be accepted or deemed complete by the
Municipality of Dutton Dunwich, including those under Section 41
(Site
Plan
Control),
Section
51
(Draft
Plan
of
Subdivision/Condominium), Section 36 (Holding Provision By-law),
Section 34 (Zoning By-law Amendment), Section 27 (Official Plan
Amendment) and Section 53 (Consent which creates new lots) of the
Planning Act, and
c. No building permits which propose to be serviced by the Dutton
WWTP shall be accepted or issued to permit the construction of a
building or structure in accordance with a building permit application
received by the Municipality of Dutton Dunwich.
3. Notwithstanding any other provision of this by-law:
a. A building permit may be issued to permit the construction of a
building or structure in accordance with a building permit application
received by the Municipality of Dutton Dunwich on or before the
passing of this by-law or does not require Dutton WWTP services,
and
b. this by-law shall not apply to prevent the erection or use of any
building or structure for which a permit has been issued under
subsection 8(1) of the Building Code Act, 1992, prior to the day of
the passing of the by-law, so long as the building or structure, when
erected, is used and continues to be used for the purpose for which
it was erected and provided the permit has not been revoked under
subsection 8(10) of the Building Code Act, 1992.
4. Schedule 'A' attached hereto shall form part of this by-law.
5. Where a conflict exists between the provisions of this by-law and any other
by-law of the Municipality of Dutton Dunwich, this by-law shall prevail.
6. Development applications approved by way of site plan control, or through
subdivision registration prior to the passing of this By-law, are exempt from
this By-Law. Additionally, further exemptions to this by-law may be
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considered by Council through a site-specific Zoning By-law amendment
which includes legislated public notice and must be reviewed and
recommended for approval by the Municipality's engineer.
7. This by-law shall come into force and take effect immediately upon the final
passing thereof and shall be in effect for one (1) year from the date of
passing of this by-law unless otherwise extended in accordance with the
provision of the Planning Act.
8. The Clerk is hereby authorized and directed to proceed with the giving of
notice of the passing of this by-law in accordance with the Planning Act and
the regulations thereunder.
READ a first and second time this 25th day of February 2026.
READ a third time and finally passed this 25th day of February 2026.
Mike Hentz, Mayor
Tony Houad, Chief Administrative Officer
Original signed by
Original signed by
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SCHEDULE 'A'