Municipality of Kincardine Official Plan - Office Consolidation January 2026
Kincardine, Ontario
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Official Plan
Municipality of Kincardine
OFFICIAL PLAN
OF THE
MUNICIPALITY OF KINCARDINE
Adopted by the Municipality of Kincardine January 2021
Approved by the County of Bruce April 2021
Office Consolidation January 6, 2026
Official Plan
Municipality of Kincardine
List of Amendments to the Official Plan of the Municipality of Kincardine
OPA
No.
Section
Bruce County
App No.
Location
By-Law
1
Schedule A
L-2021-007
PLAN 61 PT LOT 44 PT
LOT 45 and PLAN 61 PT
LOT 46 W QUEEN
2021-130
2
Schedule A,
D8.5.2.7
L-2021-011
Inverhuron Park N Part
Lot 3
2021-191
3
Schedule A
L-2021-008
PLAN 94 LOT 11 KING
E/S,
PLAN 94 LOT 12 KING
and PLAN 94 LOT 13
KING E/S (Village of
Tiverton),
2022-070
4
D1.3,
D1.4.19,
D8.5.1
L-2025-005
Municipality of Kincardine 2025-063
5
Schedule A,
D.2.5.12
L-2025-003
PLAN 55 PT LOT 6 MILL
RP;3R6161 PART1
UNREG (Village of
Tiverton)
2025-153
Official Plan
Municipality of Kincardine
TABLE OF CONTENTS
SECTION "A" INTRODUCTION AND PURPOSE ........................................................ 1
A1.1
TITLE .................................................................................................................... 1
A1.2 COMPONENTS ................................................................................................... 1
A1.3
BACKGROUND ................................................................................................... 1
A1.4
SCOPE OF THE PLAN ........................................................................................ 2
A1.5
INTERPRETATION ............................................................................................. 2
A1.6
UPPER TIER PLANS ........................................................................................... 3
A2
PURPOSE OF THE PLAN ................................................................................................. 3
SECTION "B" BASIS OF THE PLAN ........................................................................... 4
B1
BASIS OF THE PLAN ....................................................................................................... 4
SECTION "C" GENERAL DEVELOPMENT POLICIES ............................................ 7
C1
GENERAL LAND USE ...................................................................................................... 7
C1.1
GOAL .................................................................................................................... 7
C1.2
OBJECTIVES ....................................................................................................... 7
C1.3
POLICIES ............................................................................................................. 7
C2
ENVIRONMENT .............................................................................................................. 10
C2.1
GOAL .................................................................................................................. 10
C2.2
OBJECTIVES ..................................................................................................... 10
C2.3
POLICIES ........................................................................................................... 11
C3
CULTURAL HERITAGE & ARCHAEOLOGY ............................................................. 17
C3.1
GOAL .................................................................................................................. 17
C3.2
OBJECTIVES ..................................................................................................... 17
C3.3
POLICIES ........................................................................................................... 17
C4
ENERGY CONSERVATION & CLIMATE CHANGE .................................................. 20
C4.1
GOAL .................................................................................................................. 20
C4.2
OBJECTIVES ..................................................................................................... 20
C4.3
POLICIES ........................................................................................................... 20
C5
ELECTRIC POWER FACILITIES ................................................................................... 22
C6
ECONOMY....................................................................................................................... 23
C6.1
GOAL .................................................................................................................. 23
C6.2
OBJECTIVES ..................................................................................................... 23
C6.3
POLICIES ........................................................................................................... 23
C7
TOURISM ......................................................................................................................... 26
C7.1
GOAL .................................................................................................................. 26
C7.2
OBJECTIVES ..................................................................................................... 26
C7.3
POLICIES ........................................................................................................... 26
Official Plan
Municipality of Kincardine
C8
COMMUNITY IMPROVEMENTS ................................................................................. 28
C8.1
GOALS ............................................................................................................... 28
C8.2
OBJECTIVES ..................................................................................................... 29
C8.3
CRITERIA FOR THE SELECTION OF COMMUNITY IMPROVEMENT
AREAS 30
C8.4
DELINEATION OF COMMUNITY IMPROVEMENT AREAS ..................... 31
C8.5
PHASING OF IMPROVEMENTS ..................................................................... 31
C8.6
IMPLEMENTATION ......................................................................................... 31
C9
SOURCE WATER PROTECTION AREAS .................................................................... 33
C9.1
GOAL .................................................................................................................. 33
C9.2
INTRODUCTION ............................................................................................... 33
C9.3
OBJECTIVES ..................................................................................................... 33
C9.4
POLICIES ........................................................................................................... 34
C10
EMERGENCY PLANNING ............................................................................................. 41
SECTION "D" DETAILED LAND USE POLICIES ................................................... 42
D1
RESIDENTIAL ................................................................................................................. 42
D1.1
GOAL .................................................................................................................. 42
D1.2
OBJECTIVES ..................................................................................................... 42
D1.3
PERMITTED USES ............................................................................................ 43
D1.4
GENERAL POLICIES ........................................................................................ 43
D1.4.19 SECONDARY RESIDENTIAL UNITS .......................................................... 49
b)
GARDEN SUITES .................................................................................................. 50
D1.5
MEDIUM AND HIGH DENSITY HOUSING .................................................. 52
D1.6
GROUP HOMES ................................................................................................ 54
D2
COMMERCIAL ................................................................................................................ 56
D2.1
GOAL .................................................................................................................. 56
D2.2
OBJECTIVES ..................................................................................................... 56
D2.3
PERMITTED USES ............................................................................................ 57
D2.4
GENERAL POLICIES ........................................................................................ 58
D2.5
CORE COMMERCIAL POLICIES .................................................................... 61
AREA SPECIFIC POLICIES ........................................................................................... 62
D2.6
HIGHWAY COMMERCIAL POLICIES ........................................................... 62
D2.7
MIXED USE POLICIES ..................................................................................... 64
D2.8
RESORT COMMERCIAL POLICIES ............................................................... 66
D2.9
LOCAL COMMERCIAL POLICIES ................................................................. 66
D3
INDUSTRIAL ................................................................................................................... 68
D3.1
GOAL .................................................................................................................. 68
D3.2
OBJECTIVES ..................................................................................................... 68
D3.3
PERMITTED USES ............................................................................................ 68
D3.4
POLICIES ........................................................................................................... 69
D4
BUSINESS PARK ............................................................................................................ 71
D4.1
PERMITTED USES ............................................................................................ 71
Official Plan
Municipality of Kincardine
D4.2
POLICIES ........................................................................................................... 72
D4.3
AREA SPECIFIC POLICIES ............................................................................. 73
D5
INSTITUTIONAL............................................................................................................. 75
D5.1
GOAL .................................................................................................................. 75
D5.2
OBJECTIVES ..................................................................................................... 75
D5.3
PERMITTED INSTITUTIONAL USES ............................................................ 75
D5.4
POLICIES ........................................................................................................... 75
D6
OPEN SPACE ................................................................................................................... 77
D6.1
GOAL .................................................................................................................. 77
D6.2
OBJECTIVES ..................................................................................................... 77
D6.3
PERMITTED USES ............................................................................................ 77
D6.4
POLICIES ........................................................................................................... 78
D7
NATURAL ENVIRONMENT AREAS ........................................................................... 81
D7.1
GOAL .................................................................................................................. 81
D7.2
OBJECTIVES ..................................................................................................... 81
D7.3
GENERAL PRINCIPLES ................................................................................... 82
D7.4
PERMITTED USES ............................................................................................ 84
D7.5
POLICIES ........................................................................................................... 84
D7.6
ENVIRONMENTAL IMPACT STUDY ............................................................ 87
D7.7
ADJACENT LANDS .......................................................................................... 88
D7.8
NATURAL ENVIRONMENT EXCEPTION - KINCARDINE HARBOUR .... 89
D7.9
NATURAL ENVIRONMETN EXCEPTION - BROADWAY STREET ......... 89
D7.10
DEVELOPMENT CONSTRAINT AREAS ....................................................... 89
D8
SHORELINE DEVELOPMENT ...................................................................................... 92
D8.1
GOAL .................................................................................................................. 92
D8.2
OBJECTIVES ..................................................................................................... 92
D8.3
PERMITTED USES ............................................................................................ 93
D8.4
GENERAL DEVELOPMENT POLICIES ......................................................... 93
D8.5
SHORELINE RESIDENTIAL USES ................................................................. 94
D8.6
COMMERCIAL USES ....................................................................................... 98
D9
FUTURE DEVELOPMENT ........................................................................................... 101
SECTION "E" MUNICIPAL SERVICES................................................................. 102
E1
GOAL .............................................................................................................................. 102
E2
OBJECTIVES ................................................................................................................. 102
E3
POLICIES ....................................................................................................................... 102
F1
GOAL .............................................................................................................................. 106
SECTION "F" TRANSPORTATION....................................................................... 106
F2
OBJECTIVES ................................................................................................................. 106
F3
CLASSIFICATION......................................................................................................... 107
F3.1
PROVINCIAL HIGHWAYS ............................................................................ 107
Official Plan
Municipality of Kincardine
F3.2
ARTERIAL ....................................................................................................... 107
F3.3
COLLECTOR ................................................................................................... 107
F3.4
LOCAL ............................................................................................................. 108
F3.5
LAND ACQUISITION ..................................................................................... 108
F4
POLICIES ....................................................................................................................... 108
F4.1
GENERAL ........................................................................................................ 108
F4.2
ROADS ............................................................................................................. 109
F4.3
PEDESTRIAN .................................................................................................. 109
SECTION "G" LAND DIVISION POLICIES .......................................................... 111
G1
PURPOSE ....................................................................................................................... 111
G2
POLICIES ....................................................................................................................... 111
SECTION "H" IMPLEMENTATION ....................................................................... 115
H1
ZONING BY-LAW ......................................................................................................... 115
H2
MINOR VARIANCES .................................................................................................... 115
H3
NON-CONFORMING USES ......................................................................................... 116
H4
PROPERTY MAINTENANCE AND OCCUPANCY STANDARDS BY-LAW ......... 117
H5
SITE PLAN CONTROL ................................................................................................. 118
H6
HERITAGE CONSERVATION ..................................................................................... 120
H7
PUBLIC WORKS ........................................................................................................... 120
H8
COMMUNITY IMPROVEMENTS ............................................................................... 120
H9
AMENDMENT AND REVIEW OF THE PLAN ........................................................... 121
H9.1
AMENDMENT AND REVIEW ....................................................................... 121
H9.2
TECHNICAL AMENDMENTS TO THE PLAN ............................................. 121
H10
SIGN CONTROL ............................................................................................................ 122
H11
HOLDING PROVISIONS .............................................................................................. 122
H11.3
RESIDENTIAL ................................................................................................. 122
H11.4
COMMERCIAL ................................................................................................ 123
H11.5
INDUSTRIAL ................................................................................................... 123
H11.6
DEVELOPMENT CONSTRAINT AREA ....................................................... 124
H12
PUBLIC CONSULTATION ........................................................................................... 124
H13
OTHER INFORMATION TO BE SUBMITTED IN SUPPORT OF A PLANNING
APPLICATION .......................................................................................................................... 125
H14
DENSITY BONUSING .................................................................................................. 126
GLOSSARY ........................................................................................................... 128
Official Plan
Municipality of Kincardine
SCHEDULES
"A"
LAND USE PLAN
A1 - Community of
Kincardine A2 - Community
of Tiverton
A3 - Lakeshore Area A /
Inverhuron A4 - Lakeshore Area B
"B"
NATURAL HERITAGE SYSTEM
B1 - Community of
Kincardine B2 - Community
of Tiverton
B3 - Lakeshore Area A /
Inverhuron B4 - Lakeshore Area B
"C"
SOURCE WATER PROTECTION AREAS
C1- Community of Kincardine
C2 - Community of Tiverton
Official Plan
Municipality of
Kincardine
1
SECTION "A"
INTRODUCTION AND PURPOSE
A1
INTRODUCTION
A1.1
TITLE
This Plan shall be known as:
"THE OFFICIAL PLAN OF THE MUNICIPALITY OF KINCARDINE"
A1.2
COMPONENTS
The following text, consisting of Sections "A" through "H", together with the
attached Schedules "A", "B" and "C", shall form the Official Plan of the
Municipality of Kincardine. Background information from which the policies
of the Plan were derived is available.
All grammatical or typographical errors that do not change the intent of this
Official Plan shall be incorporated, without an Amendment to this Plan.
A1.3
BACKGROUND
This Plan is the second Official Plan that covers the settlement areas within
the Municipality of Kincardine in a single planning framework; the first
Official Plan was approved in 2006. The Municipality of Kincardine includes
four former Municipalities, and comprises approximately 578 square
kilometres of land. This Plan provides policies related to the Town of
Kincardine, Village of Tiverton, Inverhuron and the Lakeshore Area, as
depicted on the Schedules which accompany this Plan.
Lands outside of these specific areas continue to be subject to the County
of Bruce Official Plan (BCOP). Land uses outside of the settlement areas
shown on Schedules 'A', 'B' and 'C' are covered under the BCOP.
This Plan has been developed following the preparation of a Background
Report reviewing a variety of topics, and a series of community meetings.
The Plan also implements the Bruce County Official Plan and is consistent
with the Provincial Policy Statement.
The consolidation of this information and input has resulted in the following
model for the future development of the Municipality:
Official Plan
Municipality of
Kincardine
2
- A coordinated, integrated and comprehensive approach will be
encouraged by the Municipality when dealing with planning matters,
including partnership opportunities with other public and private bodies
- New development will preserve the quality of life and the quality of the
environment.
- Economic opportunities will be encouraged and enhanced throughout
the Municipality.
The Official Plan shall serve as the basis for managing change in the
Municipality to the year 2045. The goals, objectives and policies contained
in this Plan are intended to guide the decisions of public authorities and
private interests in order to maintain the liveable and attractive community
within the Municipality.
All public and private work shall be in conformity with this Official Plan. In
addition policies in the Bruce County Official Plan and the Provincial Policy
Statement as well as provisions of the Planning Act may affect future
development.
A1.4
SCOPE OF THE PLAN
This Official Plan will apply to the areas within the boundaries of the
Municipality of Kincardine, as identified on Schedules 'A', 'B' and 'C' of this
Plan. Schedule A shows the extent of the Plan designations and urban
boundaries. Where the external boundaries of urban areas abut or are
located immediately adjacent to roads, rights-of-way, railways, transmission
lines, lot lines, concession lines and watercourses, it is intended that these
boundaries shall coincide with such features. Major deviations from urban
or designation boundaries will require an Amendment to this Plan.
A1.5
INTERPRETATION
The boundaries between land uses designated on Schedule A are
approximate except where they coincide with major roads, railway lines,
rivers, transmission lines or other clearly defined physical features. Where
the general intent of the Plan is maintained, minor adjustments to the
boundaries will not require an amendment to this Plan.
All numerical figures in the Plan should not be interpreted as absolute and
rigid. Minor variations from them will be tolerated providing the intent of the
Plan is maintained. An exception, however, is the extent of road widening
that may be acquired through site plan control, specified in Section H6.1,
which may not be exceeded.
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Municipality of
Kincardine
3
A1.6
UPPER TIER PLANS
This Plan is intended to conform to the Official Plan for the County of Bruce
and to be consistent with the Provincial Policy Statement. In the event of
conflict between these documents, it is intended that the upper tier plans
shall prevail. However, this Plan may be more restrictive than the upper tier
Plans, in which case the more restrictive provisions of this Plan shall prevail.
A2
PURPOSE OF THE PLAN
The Official Plan provides a structural framework for future growth and
development in the Municipality of Kincardine to the year 2039. In
accordance with the Planning Act, this Plan will be reviewed every five years
to determine if it continues to represent appropriate guidelines for the future
development of the Municipality.
The purpose of this Official Plan is as follows:
A2.1
To provide policies to guide future development within the Municipality of
Kincardine, encourage an on-going programme for this development and
guide the Municipality towards the fulfilment of the goals and objectives of
this Plan.
A2.2
The Official Plan is one of a series of policies, guidelines and regulations that
direct the actions of the Municipality and shapes growth and development.
The goals, actions and policies contained in the Official Plan are intended
to assist Council and its committees, municipal staff, developers,
government agencies and the public in making decisions which maintain
and strengthen the economic, environmental and social fabric of the
Municipality.
The policies in this Plan are intended to encourage a
coordinated, integrated and comprehensive approach when dealing with
planning matters.
The Planning Act provides that all Municipal By-Laws and public works
undertaken must be in conformity with the Official Plan.
A2.3
To provide a consistent policy framework to guide the private sector in
making decisions concerning future development and investment within the
Municipality of Kincardine.
Official Plan
Municipality of
Kincardine
4
SECTION "B"
BASIS OF THE PLAN
B1
BASIS OF THE PLAN
The Municipality of Kincardine was formed by the amalgamation of the four
former municipalities of the Town of Kincardine, the Township of Kincardine,
the Township of Bruce, and the Village of Tiverton. As a result of
government restructuring in 1999 the four municipalities were amalgamated
to form the Municipality of Kincardine.
The amalgamated Municipality comprises approximately 578 square
kilometres of land and as of 2016 had approximately 11,400 residents. This
Official Plan governs the Municipality of Kincardine as represented in
Schedules 'A', 'B' and 'C'. Developed areas and future development areas
of the rural and agricultural areas not covered by this Plan continue to be
governed by the County of Bruce Official Plan.
The policies set out in this Official Plan have been determined following a
process of background review and public consultation, which included
conducting a Comprehensive Review as required by the Provincial Policy
Statement. The following facts are included in the Plan to explain the
reasoning behind the policies contained in the Plan.
B1.1
It shall be the intent of the Official Plan to provide policies to guide
development in the Municipality of Kincardine to the year 2045. It is
intended that a formal review of the policies shall be undertaken if
necessitated by a major shift in circumstances which invalidates the basic
assumptions upon which this Plan is based, such as much higher than
anticipated population and employment growth. There should also be a
formal review of these policies at least every five years to be informed by
the Bruce County Housing Study, as amended from time to time.
B1.2
Within the Municipality it is intended that an adequate supply of land will be
provided for an appropriate mix and range of employment to meet long term
needs, including a range and choice of suitable sites for employment uses
which support a wide range of economic activities and ancillary uses, and
which take into account the needs of existing and future businesses. Within
designated employment lands, opportunities for infilling and intensification
will be promoted. It is the intent to promote the continued development of a
strong tourist industry.
B1.3
The projected population of the Municipality in the year 2045 is 14,039, of
which 12,973 are anticipated to be located within the settlement areas. This
growth represents nearly 2,500 new residents across the Municipality
Official Plan
Municipality of
Kincardine
5
over the 28-year period from 2017 to 2045, and slightly more than 1,500
within the settlement areas covered by this Official Plan
B1.4
The following are estimates of distribution of new households throughout
the Municipality by the year 2045, as informed by the Water and Wastewater
Servicing Master Plan:
Kincardine
Tiverton
Lakeshore
2017
4,179
409
1,044
2045
5,080
497
1,269
28-year change
901
88
225
B1.5
The Kincardine Urban Area is constrained to the west by Lake Huron, the
Municipal boundary to the south and to a certain extent by Highway 21 to the
west. Expansion of the community will occur most logically to the north.
B1.6
The Official Plan will provide land for residential, commercial and industrial
growth, thereby encouraging a diverse economic base for Kincardine.
B1.7
The Central Business District will continue to play a major role in the retail,
office and institutional fabric of the community and will be the main focus of
commercial activity in the Municipality.
B1.8
The Municipality will plan for sewage and water services by completing and
periodically updating as necessary, Water and Wastewater Servicing
Master Plan and shall direct and accommodate expected growth in a
manner that promotes the efficient use of existing municipal sewage and
water services. These systems are provided in a manner that can be
sustained by the water resources upon which such services rely, is
financially viable and complies with all regulatory requirements and protects
human health and the natural environment.
B1.9
The qualities that make the Municipality a desirable place to live and a
tourist destination are created largely by the recreational attributes
associated with Lake Huron, and the historical and cultural character of the
Kincardine and Tiverton Urban Areas.
B1.10
The economy of the Municipality is dominated by the Bruce Nuclear Power
Development (BNPD), one of the world's largest independent power
generating facilities.
B1.11
Agriculture, tourism and retail also continue to play an important role in the
economy of the Municipality as well as contributing to the character of the
area.
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Municipality of
Kincardine
6
B1.12
The Kincardine airport is important to future growth and accessibility of the
area and shall be protected.
B1.13
This Plan recognizes "Municipality of Kincardine Waterfront Development
Plan" and the "Strategic Plan (2004) for the Municipality of Kincardine" (as
updated from time to time) as two important reference documents. These
documents provide a direction and focus for the community and assist in
achieving the various goals and objectives of this Plan.
Official Plan
Municipality of
Kincardine
7
SECTION "C"
GENERAL DEVELOPMENT POLICIES
C1
GENERAL LAND USE
This section establishes general policies relating to the various land use
categories designated on Schedules "A", "B" and "C".
C1.1
GOAL
Development in the Municipality of Kincardine will occur in an orderly
fashion, which provides the best possible quality of life for its residents.
C1.2
OBJECTIVES
C1.2.1
Land use within the Municipality shall occur as far as possible in a manner
which ensures that different land uses are compatible with one another, or
that safeguards are provided to prevent adverse effects of one land use
upon another.
C1.2.2
Land use in the Municipality will be guided by the policies of this Plan, which
will be implemented by means of the Zoning By-Law.
C1.3
POLICIES
C1.3.1
In any case where the uses permitted by the Zoning By-law conflict with the
intended uses indicated by this Plan, it is intended that an amendment to the
Zoning By-Law shall only be made in conformity with this Plan.
C1.3.2
Buffers will be provided between different land uses to ensure that adverse
effects of adjacent land uses on each other are minimized.
C1.3.3
Given that a sensitive land use may be adversely affected by the noise
emissions from an industrial use, the Comprehensive Zoning By-Law shall
require all sensitive land uses to be setback from an industrial use in
accordance with the Ministry of the Environment "Noise Assessment
Criteria in Land Use Planning" [Publication LU-131].
C1.3.4
An appropriate range of housing types and densities to meet projected
requirements of current and future residents shall be encouraged. Densities
for new housing which efficiently use land, resources, infrastructure and
public service facilities and support the use of alternative transportation
modes will be encouraged.
C1.3.5
The orderly development of the Municipality, in accordance with the
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Municipality of
Kincardine
8
designations of this Plan, shall be encouraged. No public work shall be
undertaken and no By-Law shall be passed for any purpose which does not
comply with the provisions of this Plan.
C1.3.6
The Municipality recognizes the desire of Indigenous communities to be
engaged in development proposals, particularly related to archaeological,
environmental and cultural resources.
Proponents of new development are advised to engage the Indigenous
communities to determine potential impacts on resources, indigenous
interests and other cultural values including the manner in which resources
and features are dealt with.'
Municipal staff will engage with Indigenous communities for proposed
development / redevelopment, land division, and Zoning By-law / Official
Plan amendment applications.
C1.3.7
Brine extraction is known to have occurred adjacent to the Lake Huron
Shoreline within the area bounded on the south by Albert Street, on the east
by Queen Street and on the north by Lambton Street. In this area, before
any Building Permits are issued or development agreements approved, the
Municipality shall, in consultation with the Ministry of Natural Resources,
ensure that the developer has reviewed all available information and
identified any known abandoned oil, gas or brine wells, and that any
necessary corrective measures to eliminate any hazard will be taken. In
addition, Council will advise applicants that should old brining wells or flow
of water, especially salt water, be encountered during the course of
construction, the Petroleum Resources Section, Southwest Region,
Ministry of Natural Resources, should be contacted.
C1.3.8
It is the intent of this Plan to prioritize existing and future infrastructure and
public service facilities within settlement areas in order to support
intensification and the achievement of complete communities. The following
criteria shall be demonstrated in partnership with the Town and County for
the purposes of site identification of a Public Service Facility:
- Public Service Facilities may be permitted within all designations
provided the public service facility supports the needs of the area it is
servicing without the need for an official plan amendment.
- Are located on an arterial or collector road, with appropriate driveway
entrances approved by the Municipality.
- A preliminary traffic investigation that will demonstrate the feasibility of
the public service facility as it pertains to the impact of the function of the
road.
- Incorporation of appropriate setbacks and design elements (such as
landscaping, parking location, ingress/egress,) to appropriate mitigate
any impacts on adjacent residential uses.
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Municipality of
Kincardine
9
- Appropriate water and wastewater services are planned by the
municipality or available to support the proposed public service facility.
- Any new residential development applications shall be evaluated with
regards to the need and location for a public service facilities in the
community.
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Municipality of
Kincardine
10
C2
ENVIRONMENT
C2.1
GOAL
C2.1.1
The quality of the natural environment of the Municipality of Kincardine shall
be preserved and enhanced.
C2.1.2
Development shall be directed away from areas of natural or human made
hazards where there is an unacceptable risk to public health, safety or of
property risk.
C2.2
OBJECTIVES
C2.2.1
The use and protection of natural features such as the Penetangore River
Valleys and the Lake Huron shoreline shall be promoted in order to enhance
the overall built and natural environment within the Municipality.
C2.2.2
The Plan shall provide policies and guidelines for the protection of natural
heritage features, water resources, agricultural lands, mineral aggregate
resources, cultural heritage resources, and archaeological resources for
their economic, environmental and social benefits.
C2.2.3
The diversity and connectivity of natural features in an area, and the long-
term ecological function and biodiversity of natural heritage systems, should
be maintained, restored, or, where possible, improved, recognizing linkages
between and among natural heritage features and areas, surface water
features and ground water features.
C2.2.4
This Plan will rely on Natural Environmental designation mapping, ANSI
mapping and Wetland mapping to achieve much of the Municipality's
environmental goals and objectives. Mapping of environmental features will
continually be updated in accordance with applicable studies, policies and
guidelines as new information becomes available.
Therefore, new development proposed in or adjacent to natural
environment areas must also address all of the applicable natural
environment features.
As mapping becomes available or future studies identify these natural
areas, they will be added to the Schedules of this Official Plan by
amendment to the Plan. The Municipality agrees to encourage the
completion of these studies to determine the boundaries of these natural
environment areas. As outlined in Section D7.3.1 of this document,
adjustments are permitted to mapping of natural heritage features and
hazard lands without amendment to this Plan.
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Municipality of
Kincardine
11
C2.3
POLICIES
C.2.3.1
The Natural Heritage System within Kincardine, as shown on Schedule B is
comprised of lands that contain natural heritage features, key hydrologic
features, and hazard lands. The system also includes other lands that serve
as linkages, corridors and adjacent lands (as identified in accordance with
the PPS). The identification of lands as part of the Natural Heritage System
is intended to identify, protect and where possible enhance an
interconnected system of natural heritage features and linkages.
The identification of lands as part of the Natural Heritage System is shown
on Schedules 'B1' - 'B4' to this Official Plan and is not a land use. Rather,
it is intended to guide the consideration of future land uses. The policies of
the underlying designation identify the permitted uses of the lands within the
Natural Heritage System.
The majority of the Natural Heritage System consists of lands designated as
Natural Environment on Schedules 'A1' - 'A4'.
C2.3.2
Development and site alteration shall not be permitted in significant
wetlands and significant coastal wetlands.
C2.3.3
Development and site alteration shall not be permitted in habitat of
endangered species and threatened species, except in accordance with
provincial and federal requirements.
C2.3.4
Development and site alteration shall not be permitted in significant
woodlands, significant valleylands, significant wildlife habitat and significant
areas of natural and scientific interest, unless it has been demonstrated that
there will be no negative impacts on the natural features or their ecological
functions.
C.2.3.5
Development and site alternation shall not be permitted in fish habitat
except in accordance with provincial and federal requirements.
C2.3.6
The Municipality acknowledges the need to identify the significant
woodlands and those portions of the woodlands that need to be protected
from negative impacts that may be associated with development. Significant
woodlands are identified separately on Schedule B as a component of the
Natural Heritage System.
Where development is proposed within 120 metres of a significant
woodland, as shown on Schedules 'A' and 'B', Council shall be satisfied that
the proposed development will not have a negative impact on the feature or
ecological function of the woodland. Council or the approval authority, in
consultation with relevant review agencies, may increase the distance if
warranted by the specific features in the general area of the proposed
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development.
Required supporting materials shall address the impact of proposed
development on the woodland and their ecological function, to the
satisfaction of the Municipality in consultation with the Saugeen Valley
Conservation Authority, and will include:
An Environmental Impact Study as described in Section D7.6, which
includes the following:
- A detailed inventory of the woodland, and mapping of the extent of the
woodland;
- The existing hydrologic / hydrogeologic function of the woodland
(including ecological functions, drainage patterns and surface /
groundwater quality) and the impact of proposed development on
these functions;
- An analysis of the role and ecological function of the woodland in the
area, and particularly whether the woodland is part of a larger wildlife
or natural features corridor or link;
- Identification of any rare or endangered species habitat in or in the
vicinity of the woodland, and the identification of species habitat of
conservation concern;
- Identification of methods to ensure the long term health and viability of
the woodland, such as mitigation measures and the maintenance of
linkages.
C2.3.7
All development proposals adjacent to natural heritage features shall show
existing natural heritage features, and indicate, how they will be retained
during development. The Municipality may also utilize provisions of the
Planning Act, to control development and ensure that adequate measures
are taken to protect a site's natural features.
Development and site alteration shall not be permitted on adjacent lands to
the natural heritage features and areas identified unless the ecological
function of the adjacent lands has been evaluated and it has been
demonstrated that there will be no negative impacts on the natural features
or on their ecological functions.
Adjacent lands are those lands that are contiguous to a natural heritage
feature and are considered integral to the protection and functioning of a
natural heritage feature, and development or site alteration of these lands
could have a negative impact on the feature or area.
An application for development or site alteration within adjacent lands shall
be accompanied by an Environmental Impact Study (EIS), which evaluates
the ecological function of the adjacent land and demonstrates that there will
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be no negative impacts on the natural heritage features or on their
ecological functions, as well as recommends applicable mitigation
measures.
For the purposes of considering impacts to natural heritage features, the
following table shall guide the definition of features and adjacent lands:
Natural Heritage
Feature
Boundary defined
by:
Extent of
adjacent
land:
Development and site
alteration
Provincially
Significant
Wetlands
Wetland evaluation
carried out
according to
procedures
established by
MNRF.
120 metres
No development is
permitted in this feature.
On adjacent land, the EIS
demonstrates there will be
no negative impacts on the
natural features and their
sustaining ecological or
hydrologic functions.
Significant
threatened or
endangered
species habitat
An accredited
professional or as
defined by
provincial or
federal authorities
120 metres
No development is
permitted in this feature.
On adjacent land, the EIS
demonstrates there will be
no negative impacts on (a)
the habitat values upon
which the species depends
directly and indirectly and
(b) any related ecological
functions.
Fish habitat
From the highwater
edge of an aquatic
habitat as defined
through the EIS
process.
120 metres
EIS indicated there will be
no negative impact of fish
habitat upon which the
fishery depends directly
and indirectly; or where an
authorization has been
obtained under the
Fisheries Act.
Significant
wildlife habitat
Municipality, in
consultation with
MNRF
120 meters
EIS demonstrates there will
be no negative impacts on
wildlife or their habitat.
Regionally and
locally significant
wetland
Wetland evaluation
carried out in
accordance to
procedures
established by
MNRF.
60 metres
EIS demonstrates there will
be no negative impacts on
the natural features and on
the ecological or
hydrologic functions that
sustain them.
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Natural Heritage
Feature
Boundary defined
by:
Extent of
adjacent land:
Development and site
alteration
Significant
Woodlands
All woodlands 4
hectares or greater
in area and all
woodlands of any
size straddling or
immediately
adjacent to a
watercourse.
120 metres
EIS demonstrates there will
be no negative impacts on
the woodlands and the
ecological functions that
sustain them.
Significant
valleylands
Municipality based
on criteria
established by
MNRF
120 metres
Engineering report and EIS
demonstrates there will be
no hazard to public safety,
no property damage, or
negative impacts on the
natural feature or its
ecological function.
Significant areas of
natural and
scientific interest -
life science
Municipality in
consultation with
MNRF
120 metres
EIS demonstrates that there
will be no negative impacts
on the ecological features
or functions that sustain
them.
Significant areas
of natural and
scientific interest
- earth science
Municipality in
consultation with
MNRF
50 metres
EIS demonstrates there will
be no negative impacts on
the natural features.
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C2.3.8
The Penetangore River Valleys and Lake Huron shoreline shall be utilized
to form a comprehensive parks system and be protected as natural
environment. In addition to providing recreational opportunities for the
residents of the Municipality, these natural features also provide a basis for
Tourism activity within the Municipality.
C2.3.9
It is the intent of the Municipality to promote the wise management of fishery
resources and to participate in efforts aimed at ensuring the long term
economic, tourism and recreational benefits to the area that the fishery
resource provides.
In considering new development proposals that may affect fish habitat, the
Municipality shall require the submission of an analysis that the
development will have on fish habitat, with such analysis including remedial
measures to be undertaken in regard to fish habitat protection or
improvement. Prior to development proceeding, the Municipality shall
circulate the report to the appropriate government bodies for analysis, which
shall include the Saugeen Valley Conservation Authority and/or other
appropriate Provincial Ministries.
Prior to undertaking any public works adjacent to watercourses, the
Municipality shall consult with the Saugeen Valley Conservation Authority
to determine what design requirements, if any, are necessary to eliminate
adverse impacts on the fishery habitat, including water quality requirements.
Council shall encourage and support local groups and organizations, as well
as the provincial government and other agencies in their efforts to maintain
or improve the quality of fishery habitat within the Municipality in accordance
with relevant fish management legislation.
In addition, Council will encourage the naturalization of stream valleys and
shoreline areas to improve water quality throughout the Municipality.
C2.3.10
In order to control flooding, ponding, erosion and sedimentation, and to
protect as much as possible aquatic habitat and water quality, appropriate
stormwater
management
techniques
shall
be
required
for
new
development. Stormwater management plans, or similar types of plans,
shall be provided to Council and reviewed in conjunction with the Saugeen
Valley Conservation Authority, or other appropriate provincial ministries.
Stormwater management plans may be required for any development as
determined by Council in consultation with the SVCA, if runoff from the
location could potentially affect adjacent lands or water quality.
Stormwater management plans shall be required for all development
consisting of more than five new residential lots or for commercial or
industrial developments with large amounts of impervious area.
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Developments shall be designed to use the prevailing and accepted
stormwater management practices at the time.
C2.3.11
Development shall be directed away from areas of natural or human-made
hazards where there is an unacceptable risk to public health or safety or of
property damage.
C2.3.12
No new development with the exception of Open Space uses, shall be
permitted on former landfill sites, which are depicted on Schedule A of this
Plan. Where such sites are presently developed for uses other than Open
Space uses, the site and adjoining properties shall be monitored for
potential methane gas accumulation. Existing landfill facilities shall be
protected from incompatible land uses.
No new lots shall be created within 500 metres of an identified sanitary
landfill site without the approval of the appropriate authority. This policy
shall generally not prohibit development on existing lots of record or within
fully serviced urban areas.
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C3
CULTURAL HERITAGE & ARCHAEOLOGY
C3.1
GOAL
The conservation and preservation of buildings, areas and landscapes of
historic or architectural significance, including archaeological sites shall be
encouraged.
C3.2
OBJECTIVES
C3.2.1
Buildings and sites in the Municipality which are of particular historic or
aesthetic value will be protected through the co-operation of Council and
the Municipal Heritage Committee, Heritage Kincardine. This will be
accomplished through the establishment of a Heritage Register to identify
properties of potential cultural heritage value and interest.
C3.2.2
Sites in Kincardine of archaeological significance will be protected and
conserved through the cooperation of Council and the applicable Provincial
Ministry. Council will therefore facilitate survey by Government or private
agencies should those agencies deem it necessary, and will encourage the
preservation or rescue excavation of archaeological resources which may
be entailed in any future development.
C3.2.3
Significant built cultural heritage resources and significant cultural heritage
landscapes shall be conserved. This may be achieved through designation
of properties under the Ontario Heritage Act, through Official Plan policies,
a conservation plan, or site-specific assessments undertaken in conjunction
with a development proposal.
C3.2.4
Council may pursue the preparation of an Archaeological Master Plan and
/ or Cultural Heritage Master Plan / Action Plan in order to assist with the
identification and conservation of significant archaeological resources, built
heritage resources and cultural heritage landscapes.
C3.2.5
Council shall encourage the adaptive re-use and conversion of heritage
buildings for compatible purposes, in order to help ensure their continued
use and vitality.
C3.3
POLICIES
C3.3.1
To review all development and redevelopment proposals in terms of their
impact on the area's heritage resources. An evaluation of the significance
of cultural heritage resources and an assessment of impacts may be
required to be submitted in support of a development application. The terms
of reference for such study shall be based on guidance available from the
Province.
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C3.3.2
To use all appropriate means available to ensure development and
redevelopment proposals are compatible with the heritage resources and
existing character of the Community.
C3.3.3
To encourage organizations such as Heritage Kincardine to assist Council
to establish an ongoing facade improvement program, promoting the use of
the facade design guidelines through annual design awards, design
workshops and pamphlets, and display of old photos and before and after
pictures.
C3.3.4
The purpose of heritage groups is to assist the Municipality in identifying
buildings and districts suitable for historic designation. The following
guidelines may be considered by such groups and Council when assessing
the value of buildings and districts for historic designation:
a)
has the building or property been associated with the life of an
historic person;
b)
is the building an important example of the architectural or
construction style of a specific period, or the work of an important
builder, designer, or architect;
c)
are comparable structures rare;
d)
does the Community support the designation of the building or
property based on its architectural and visual values.
e)
does the building or the property retain a large part of its original
character and craftsmanship;
f)
the value of the building as a landmark or as an integral part of a
distinctive area or neighbourhood of the Community;
g)
the building's architectural features such as style, plan, and the
sequence of spaces; use of materials and details including windows,
doors, signs, ornaments; colours, textures, and lighting; and, the
relationships of all these to neighbouring buildings.
Based on work undertaken to identify buildings, cultural heritage
landscapes and / or heritage conservation districts suitable for heritage
designation, Council, with the support of Heritage Kincardine, may pursue
designation of such resources under the Ontario Heritage Act as applicable.
C3.3.5
With the assistance of local heritage groups, the Municipality should strive
to establish "heritage facade design guidelines" through a Façade
Improvement program to provide direction to Council, municipal staff,
members of local groups
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and individual property owners and their tenants in improving the visual
appearance of the downtown.
C3.3.6
Development and site alteration shall only be permitted on lands containing
archaeological resources or areas of archaeological potential if the
significant archaeological resources have been conserved by removal and
documentation, or by preservation on site. Where significant archaeological
resources must be preserved on site, only development and site alteration
which maintain the heritage integrity of the site may be permitted. In such
cases, the proponent and the consulting archaeologist shall consult with the
appropriate
Indigenous
community(s)
to
identify
approaches
to
commemorate the site, if desired by the Indigenous community(s).
Where archaeological resources/areas have been identified, a condition will
be attached to the development application to ensure archaeological
conservation is achieved.
C3.3.7
Development and site alteration may be permitted on adjacent lands to
protect the heritage property where the proposed development and site
alteration has been evaluated and it has been demonstrated that the
heritage attributes of the protected heritage property will be conserved.
Mitigative measures and/or alternative development approaches may be
required in order to conserve the heritage attributes of the protected heritage
property affected by the adjacent development or site alteration.
C.3.3.8
Indigenous communities shall be engaged and their interests considered
when identifying, protecting and managing cultural heritage and
archaeological resources.
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C4
ENERGY CONSERVATION & CLIMATE CHANGE
C4.1
GOAL
The Municipality of Kincardine will continue to be active in the field of energy
conservation and development, will seek growth and development of its
importance in the field of nuclear and alternative energy technologies, and
will support measures to prepare for climate change.
C4.2
OBJECTIVES
C4.2.1
The Municipality will support plans to utilize available energy from the Bruce
Nuclear Power Development and available wind generated power and other
forms of alternative energy.
C4.2.2
The Municipality shall support energy efficiency, improved air quality,
reduced greenhouse gas emissions, and preparing for the impacts of climate
change through land use and development patterns.
C4.2.3
The Municipality will encourage research and development of nuclear and
alternate energy technologies.
C4.3
POLICIES
C4.3.1
The Municipality will continue to initiate, endorse and promote proposals to
higher levels of Government and interested private groups in conjunction
with the County, and the Township of Huron-Kinloss and the Town of
Saugeen Shores, to utilize power from the Bruce Nuclear Power
Development to its full potential.
C4.3.2
It is recognized that an abundant, reliable source of energy can be a
significant benefit to industrial development. Therefore, it is the intent of this
Plan to support efforts to attract industries to the area based on electricity
from the Bruce Nuclear Power Development, wind generation and other
sources such as natural gas and alternate fuels.
C4.3.3
The Municipality will support land use and development patterns which
promote compact form and a structure of nodes and corridors, The
Municipality will promote active transportation in and between residential,
commercial, industrial, institutional, open space and other areas where
public transit may be developed.
C4.3.4
The Municipality will encourage development and intensification that will
improve the mix of employment and housing uses to shorten commute
journeys and decrease traffic congestion. In both development and
redevelopment, and construction techniques that conserve energy and lead
to affordable life-cycle costs (such as Leadership in Energy and
Environmental Design [LEED] certification or equivalent building rating
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system) will be encouraged. Energy-conserving lighting and heating
systems will be considered.
C4.3.5
The Municipality will promote design and orientation which maximizes
energy efficiency and conservation, and the use of alternative or renewable
energy such as solar and wind energy.
C4.3.6
The Municipality will strive to maximize vegetation within settlement areas,
and utilize the mitigating effects of vegetation where feasible.
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C5
ELECTRIC POWER FACILITIES
C5.1
All existing power facilities shall be permitted in any land use designation
without the necessity for an amendment to the Plan. Unless approved under
the Environmental Assessment Act, any major new electric power facilities
or undertakings will require an amendment to this Plan and to the
Municipality's Zoning By-Law. Minor new electric power facilities or
undertakings, which generate less than a nameplate capacity rating of 50
kV.a may be permitted without the necessity of an amendment to this Plan;
however, such minor facilities or undertakings may require an amendment
to the Municipality's Zoning By-Law.
C5.2
Land and buildings used for executive, administrative or retail purposes or
held under lease or licence from Ontario Power Generation and Bruce
Power shall comply with the land use designations and policies of this Plan
and the Municipality's Zoning By-Law.
C5.3
The above policies, however, do not preclude the Municipality's right to
participate in discussions on the location and design criteria of new electric
power facilities.
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C6
ECONOMY
C6.1
GOAL
The Municipality shall provide adequate and suitably located areas for
various economic activities, and provide policies to encourage the
development of such economic functions.
C6.2
OBJECTIVES
C6.2.1
The Municipality will encourage the development of a varied economic
base, including tourism, agriculture, transportation, communication, energy
and industrial uses.
C6.2.2
The Municipality will encourage and promote opportunities to work with local
Indigenous Communities in seeking mutually beneficial and socially and
environmentally sustainable economic development opportunities.
C6.2.3
The Municipality will support long-term economic prosperity for the
community by expanding the commercial/industrial assessment base to
provide a greater source of employment and a strong tax base.
The Municipality shall promote economic development and competitiveness by:
-
providing a mix and range of employment opportunities;
-
providing a diversified economic base;
-
planning , protecting and preserving existing employment areas;
-
ensuring necessary infrastructure is available;
-
promoting the use of a local energy supply; and,
-
recognizing the economic importance of Bruce Power.
C6.3
POLICIES
C6.3.1
The Municipality will seek to achieve a population to employment
opportunities ratio of 1:4 resulting in the need for 619 additional employment
opportunities in the Municipality by year 2045.
C6.3.2
The Municipality supports the Bruce ECO-Industrial Park and is prepared to
accommodate its share of residential, commercial and industrial
development, in appropriate areas, that may accompany energy based
industrial development.
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C6.3.3
The Municipality shall continue to promote means of benefiting from the
proximity to Bruce Power and development of secondary industries
necessary to support the activities at Bruce Power.
C6.3.4
The Municipality supports the efforts of Bruce County and local economic
development groups to encourage economic development within the South
Bruce Lakeshore Area, including the Municipality of Kincardine.
C6.3.5
In addition to supporting County and inter-municipal economic development
initiatives, the Municipality will also encourage diversification and expansion
of the local employment base by promoting economic development within
the Municipality.
C6.3.6
The Municipality, and community-supported agencies will promote and
encourage the development of a viable downtown, recreation facilities,
tourist attractions and accommodation within the Municipality.
C6.3.7
It is the intent of this Plan to recognize the contribution of the harbour area
to the economy of the Municipality and will seek means to upgrade harbour
facilities throughout the Municipality.
C6.3.8
The Municipality shall, in approving new development, seek to improve the
ratio of commercial/industrial to residential assessment.
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C6.3.9
The Municipality shall provide a positive climate for small business
investment, targeting small industry and commercial enterprises as being
consistent with the type of growth and development desired within the
community.
C6.3.10
The Municipality shall promote the current availability of fibre optic cabling
within the community, in efforts to attract business and industry to the area
which benefit from and take advantage of the area's superior
telecommunication infrastructure.
C6.3.11
The Municipality shall encourage the establishment of emerging
technologies which provide expanded band width capabilities, in order to
maintain and advance the area's superior telecommunication infrastructure.
C6.3.12
The Municipality shall optimize the long term availability and use of land,
resources, infrastructure and public service facilities.
C6.3.13
The Municipality shall support planning so that major facilities (sewage
treatment facilities, industries) and sensitive land uses are appropriately
designed, buffered and/or separated from each other to prevent adverse
effects from odour, noise and other contaminants, and minimize risk to
public health and safety.
C6.3.14
The Municipality shall provide for opportunities for increased energy
generation, supply and conservation, including alternative energy systems
and renewable energy systems and shall promote research and
development of these technologies.
C6.3.15
The Municipality may permit conversion of lands within employment areas to
non-employment uses through a comprehensive review, only where it has
been demonstrated that the land is not required for employment purposes
over the long term and that there is a need for the conversion.
C6.3.16
Until the official plan review or update noted above is undertaken and
completed, lands within existing employment areas may be converted to a
designation that permits non-employment uses provided the area has not
been identified as provincially significant through a provincial plan exercise
or as regionally significant by a regional economic development corporation
working together with the Municipality, and subject to the requirements of
the Provincial Policy Statement.
C6.3.17
The Municipality will support the diversification of the agricultural industry
and the development of value added agricultural products and related
research in the municipality.
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C7
TOURISM
C7.1
GOAL
The enhancement, revitalization and development of a strong local tourist
industry for the Municipality of Kincardine shall be encouraged.
C7.2
OBJECTIVES
C7.2.1
The Municipality will encourage opportunities for sustainable tourism
development both within the Municipality and within the area generally.
C7.2.2
The Municipality will encourage the preservation of the significant natural
features within the Municipality.
C7.3
POLICIES
C7.3.1
The Municipality shall play an active role in promoting tourism activity in the
area through its participation in the Tourism Associations.
C7.3.2
The specific tourism promotion of the Municipality shall focus on Kincardine
being an attractive lakeshore community on Lake Huron, noted for its
harbour within close proximity to its downtown, its waterfront, parks,
beaches, spectacular sunsets and large number of attractive older
residences and heritage buildings.
C7.3.3
The Municipality shall present its waterfront and marina as important
tourism assets. The development of this area should be carried out with
input from the Municipality of Kincardine Waterfront Development Plan. To
this extent, the Municipality shall strive to:
a)
develop strong linkages between the downtown commercial core
and the waterfront;
b)
upgrade and enhance boating and marina facilities and uses; and,
c)
upgrade and enhance the maintenance of the beaches as a
significant attraction.
C7.3.4
The Municipality shall encourage the utilization of the waterfront and
riverfront as an important tourism and recreational asset, focussing on the
outdoor-environmental aspects of the recreation experience (fishing,
boating, camping, walking, biking, viewing nature).
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C7.3.5
The Municipality shall encourage a broad range of tourist accommodations,
ranging from campgrounds and Bed and Breakfast establishments to
motels and resorts.
C7.3.6
A wide range of four-season recreational facilities will be encouraged in
order to address the needs of local residents, cottagers, and visitors.
Specific emphasis shall be paid to the development of passive
recreational/leisure opportunities such as a linked trail system, natural
environment conservation areas and camping and picnic areas.
C7.3.7
The Municipality shall encourage the development of an Arts and Cultural
Centre to house and support the arts and cultural interests of the community
and as a tourism attraction and shall support other events and activities that
attract and support tourism in the communities.
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C8
COMMUNITY IMPROVEMENTS
C8.1
GOALS
Community Improvements shall be an ongoing comprehensive program in
the Municipality of Kincardine. The goals of this program are:
- To preserve and rehabilitate older residential neighbourhoods.
- To preserve, redevelop and strengthen the downtown commercial
area and integrate proposed extensions to this commercial area.
- To preserve and improve the existing industrial areas.
- To enhance the public realm by improving the streetscape and
pedestrian environment, including through active transportation
initiatives.
- To develop the business park at the intersection of Highway No. 21 and 9.
- To upgrade and improve municipal hard services, social and
recreational facilities, medical and health facilities and public utilities.
- To provide the necessary municipal hard services and economic
and social services to broaden the economic base of the Municipality.
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C8.2
OBJECTIVES
The following objectives should be considered when identifying
Community Improvements:
C8.2.1
To provide hard municipal services (i.e. sewers, water, roads, sidewalks,
street lighting, etc.) in the areas of Kincardine and Tiverton where these
services have been identified as being deficient.
C8.2.2
To provide municipal water services to those developed areas of the
shoreline where the existing private water systems may present a health
hazard. This objective shall be undertaken in conjunction with the Municipal
Servicing Plan and/or Environmental Assessment process.
C8.2.3
To make available and accessible soft municipal services (i.e. parks,
playgrounds and related facilities, community centres) to all the people of
Kincardine and to upgrade those services and facilities which have been
identified as deficient.
C8.2.4
To regulate traffic through the use of traffic control devices and a hierarchal
road network to facilitate the safe and efficient vehicular and pedestrian
movement and emergency services in all areas of the Municipality.
C8.2.5
To encourage the maintenance and rehabilitation of existing housing stock.
C8.2.6
To encourage the preservation of or rehabilitation to buildings of historical
and architectural significance.
C8.2.7
To encourage the relocation of inappropriate or non conforming uses where
it is the opinion of Council that the use is undesirable because of the age,
dilapidation, overcrowding, facility arrangement, unsuitability of buildings,
incompatibility or for any other reason.
C8.2.8
To encourage residential growth through infilling development of vacant
land or redevelopment of underutilized properties.
C8.2.9
To encourage redevelopment by either the private and/or public sectors
within the downtown commercial area or as planned extensions to the
commercial area.
C8.2.10
To improve the existing commercial areas or expand the commercial areas
by encouraging improvements dealing with such matters as off street
parking, street beautification or facade improvements and accessibility.
C8.2.11
To encourage the redevelopment of brownfield sites, existing vacant or
underutilised industrial properties in existing industrial areas.
C8.2.12
To encourage public and/or private initiatives to expand, infill and intensify
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Municipality of
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existing industrial areas prior to developing new industrial areas.
C8.2.13
To encourage joint public and private involvement in projects to improve the
appearance, functionality or efficiency of residential, commercial,
institutional or industrial areas of the Municipality.
C8.3
CRITERIA FOR THE SELECTION OF COMMUNITY IMPROVEMENT
AREAS
The following general criteria shall be used in the selection of
community improvement areas:
C8.3.1
Condition and adequacy of commercial areas including areas within
commercial building or building facades which exhibit structural deficiencies
or need for rehabilitation, inappropriate signage, insufficient off street
parking, the need for improvements to the commercial streetscape,
inadequate pedestrian access to commercial businesses or inadequate
vehicular access or traffic circulation within the commercial area.
C8.3.2
Condition and adequacy of Industrial areas including areas within industrial
buildings or building facades which exhibit structural deficiencies or the
need for rehabilitation, inappropriate signage, insufficient off street parking,
inadequate vehicular access to or traffic circulation within industrial areas, or
inadequate space or inappropriate location of industrial facilities for efficient
industrial operation.
C8.3.3
Deficiency in the availability and/or condition of municipal hard services
such as roads, sanitary sewers, water systems, storm water drainage,
sidewalks, street lighting, or hydro.
C8.3.4
Deficiencies in the availability and/or condition of municipal recreation
facilities such as parks, playgrounds, arenas, community centres or trails.
C8.3.5
Deficiencies in the availability and/or condition of municipal, social and
cultural facilities such as administration offices, meeting rooms, galleries,
libraries or craft rooms.
C8.3.6
Areas where a significant portion of the buildings and/or building facades
exhibit the need for improvement or rehabilitation.
C8.3.7
Areas where there is a conflict in land uses with the Official Plan and/or
Zoning By-law
C8.3.8
Areas where there are a lack of physical services such as pedestrian
corridors, off street parking etc.
C8.3.9
The Municipality is shall not be constrained by the above criteria for the
selection of Community Improvement Areas if it chooses to approve a
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Community Improvement Plan that is aligned with other economic
development priorities and initiatives.
C8.4
DELINEATION OF COMMUNITY IMPROVEMENT AREAS
It is the intention of this policy that Council shall pass a By-law designating
all or part of the lands covered by this Official Plan as a Community
Improvement Project Area under Section 28(2) of the Planning Act, 1990.
C8.5
PHASING OF IMPROVEMENTS
It is the intention of this policy that a prioritized list of Community
Improvements be identified in a Community Improvement Plan and not as
part of the Community Improvement policies of this plan. It is also the
intention of this policy that Community Improvement priorities be subject to
continual review due to changes in economic, social or environmental
considerations, the Municipality's financial position or the availability of
federal or provincial funding. Therefore, at least once every term of Council,
a general review of the Community Improvement Plan shall be made.
C8.6
IMPLEMENTATION
The Municipality of Kincardine will implement the Community Improvement
goals and objectives through the following methods:
C8.6.1
Council will designate by By-law a Community Improvement Project Area
pursuant to the Planning Act.
C8.6.2
Council will undertake the preparation of a Community Improvement Plan.
C8.6.3
Council may acquire and develop land to replace inappropriate and non-
conforming uses for facilitating conservation, rehabilitation, redevelopment
or development of an area. Council may provide grants, loans or other
financial incentives within a Community Improvement Area in accordance
with a Community Improvement Plan approved under Section 28 of the
Planning Act.
C8.6.4
Continue enforcement of property maintenance and occupancy standards By-
law.
C8.6.5
Continue support for historical preservation through utilization of provisions
contained within the Ontario Heritage Act.
C8.6.6
Co-operation with school boards, service clubs, private businesses,
industrial, medical and health services and other private individuals or
groups to provide new or redevelop existing facilities and services.
C8.6.7
Participation in provincial and federal government programs which provide
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assistance to private landowners for the maintenance, rehabilitation and
redevelopment of their properties.
C8.6.8
The utilization of public funding available to municipalities from provincial
and federal programs to assist in implementing community improvements.
C8.6.9
Support and encourage the business improvement area organizations in
their efforts to maintain a strong and vibrant business area.
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C9
SOURCE WATER PROTECTION AREAS
C9.1
GOAL
It is the intent of this Plan that all development shall be subject to the
following policies to ensure water quality and quantity are not adversely
affected. Specifically, it is the Municipality's intent that the development of
public and private uses will not:
−
significantly alter groundwater recharge or discharge
−
impair groundwater or surface water quality
−
negatively impact municipal groundwater supply.
Maintaining a sustainable groundwater supply is a priority to meet the needs
of current and future residents. The Municipality recognizes a relationship
between groundwater and surface water in terms of recharge and discharge
functions. The policies of this Plan are intended to address both
groundwater and surface water protection.
C9.2
INTRODUCTION
The Clean Water Act, 2006 is intended to ensure that protection of municipal
drinking water supplies by setting out a risk-based process on watershed
basis to identify vulnerable areas and associated drinking water threats and
issues through the preparation of Assessment Reports; and develop
policies and programs to eliminate or reduce the risks posed by identified
drinking water threats through the preparation of Source Protection Plans.
This process is otherwise known as Source Protection Planning.
The science-based Assessment Report is the technical basis upon which a
Source Protection Plan is prepared. The Source Protection Plan contains
policies to address the drinking water threats identified in the Assessment
Report. The policies of this Plan are intended to implement and complement
the policies of the Source Protection Plans that apply within the Municipality
of Kincardine.
The Municipality is located within the Saugeen Valley Source Protection
Area. The applicable Source Protection Plan covers the Saugeen, Grey
Sauble, Northern Bruce Peninsula Source Protection Region, and
contains the policies for the protection of municipal drinking water
sources within the Municipality.
The
area affected by the Source Protection Plan as it applies to the
Municipality of Kincardine is identified on Schedule 'C' to the Official Plan.
C9.3
OBJECTIVES
The Municipality commits to pursuing the following relating to water resources:
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a)
ensure that land use planning contributes to the protection,
maintenance and enhancement of water and related resources and
aquatic systems on an integrated watershed management basis;
b) protect surface and groundwater quality and quantity through the use
of regulatory and voluntary means of prohibiting, restricting or
influencing land uses and activities within vulnerable areas, and
overlying vulnerable aquifers;
c)
ensure that development meets provincial water quality objectives;
d) ensure levels of wastewater treatment that are appropriate for the
size, location and scale of development anticipated;
e)
ensure development does not alter groundwater levels to the
detriment of surrounding users and resources;
f)
support policies to protect municipal water sources;
g) protect wetlands and areas that make significant contributions to
groundwater recharge;
h) ensure the base flow needed to protect streams, fisheries and
wetlands are maintained;
i)
support sustainable stormwater management practices that protect or,
where feasible, enhance water quality and water quantity control;
j)
promote efficient and sustainable use of water resources that maintain
and enhance water quantity and quality through the retention of
vegetation or through re-naturalization;
k) maintain and enhance fish habitat;
l)
protect or enhance the function of sensitive groundwater recharge
areas, discharge areas, aquifers and headwaters;
m) ensure land use decisions promote water conservation efforts and
support the efficient use of water resources;
n) require impact studies where development proposals have the
potential to affect water or water related resources;
o) to amend this Plan where appropriate to implement the policies of
those Source Protection Plans applicable to the Municipality.
C9.4
POLICIES
C9.4.1
Vulnerable Areas
Wellheads and intake areas within the Municipality act as the source of
water for the municipal water supply systems. These municipal water
supply systems must be protected from contamination associated with
certain land uses and activities in order to secure a long-term potable water
supply for residents and businesses and for future growth in the
Municipality.
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The Approved Assessment Reports has identified vulnerable areas where
certain land uses and activities may pose a risk to the quality of municipal
water supplies. Identified vulnerable areas within the Municipality include
Wellhead Protection Areas (WHPAs), Intake Protection Zones (IPZs),
Highly Vulnerable Aquifers (HVAs), Events Based Areas (EBAs) and
Significant Groundwater Recharge Areas (SGRAs).
The approved Assessment Report has also measured the degree to which
vulnerable areas are vulnerable through the assignment of a 'vulnerability
score'. The term "vulnerability" describes how easily a source of water can
become contaminated with a hazardous material. The vulnerability score of
an area can range from 1 to 10, with 10 being the most vulnerable. The
vulnerability score is used, together with a table of drinking water threats
published by the Province to determine whether a drinking water threat is
either significant, moderate, or low.
WHPAs and intake zones are identified on Schedule 'C' and identify the
WHPAs for the wells servicing the Municipal water supplies, as well as the
adjacent supplies of the Township of Huron-Kinloss. The policies of this
section only apply to WHPAs and IPZs / EBAs. HVAs and SGRAs are
identified on Schedule 'D' for information purposes only. When and if
policies specific to HVAs and SGRAs are added to the Source Protection
Plan then the Municipality will amend the policies of this Plan.
A WHPA is the area around a municipal wellhead where land use activities
have the potential to affect the quality and quantity of water that flows into the
well. The WHPAs that are generally considered to be most vulnerable to
surface activities are assigned a vulnerability score of 8 to 10, with
vulnerability decreasing further away from the well. Generally, the WHPAs
are modelled based on two factors: the time related capture zones of each
well and the vulnerability of the aquifer. The time related capture zones
include the following:
a)
WHPA-A: 100 metre radius surrounding the well
b)
WHPA-B: 2 year travel time for water to enter the well
c)
WHPA-C: 5 year travel time for water to enter the well
The Source Protection Plan policies also apply to the Kincardine Drinking
Water Intake Protection Zone and Events Based Area as shown on
Schedule C.
Where WHPAs and IPZs for local municipal wells extend beyond the
Municipal Settlement Area boundaries, land use policies will be governed
by the policies of the County Official Plan, the abutting municipality's Official
Plan, and the relevant Source Protection Plan.
C9.4.2
Land Uses in Wellhead Protection Areas and Intake Protection Zones
WHPAs and IPZs/EBAs identified on Schedule 'C' are special protection
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areas where certain land uses involving a significant drinking water threat
activity may be prohibited or regulated in accordance with Section 57 or 58
of the Clean Water Act, 2006, and the Saugeen, Grey Sauble, Northern
Bruce Peninsula Source Protection Plan, notwithstanding the uses
permitted by the underlying land use designation.
The policies of this subsection are intended to prohibit or restrict significant
drinking water threats from establishing within WHPAs and IPZs/EBAs in
accordance with the relevant Source Protection Plan and to ensure that
permitted uses can be established with an acceptable level of risk to
groundwater and surface water quality.
C9.4.3
Prescribed Drinking Water Threats
Land use activities which may pose a drinking water threat to municipal
water supplies are defined by the Clean Water Act, 2006 as an activity or
condition that adversely affects, or has the potential to adversely affect, the
quality and quantity of any water that is or may be used as a source of
drinking water. Drinking water threats are prescribed by Ontario Regulation
287/07 of the Clean Water Act, 2006, and include the following:
1.
Waste disposal sites within the meaning of Part V of the
Environmental Protection Act.
2.
The establishment, operation or maintenance of a system that collects,
stores, transmits, treats or disposes of sewage.
3.
The application of agricultural source material to land.
4.
The storage of agricultural source material.
5.
The management of agricultural source material.
6.
The application of non-agricultural source material to land.
7.
The handling and storage of non-agricultural source material.
8.
The application of commercial fertilizer to land.
9.
The handling and storage of commercial fertilizer.
10.
The application of pesticide to land.
11.
The handling and storage of pesticide.
12.
The application of road salt.
13.
The handling and storage of road salt.
14.
The storage of snow.
15.
The handling and storage of fuel.
16.
The handling and storage of a dense non-aqueous phase liquid (DNAPL).
17.
The handling and storage of an organic solvent.
18.
The management of runoff that contains chemicals used in the de-icing
of aircraft.
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19.
An activity that takes water from an aquifer or surface water body
without returning the water to the same aquifer or surface water body.
20.
An activity that reduces the recharge of an aquifer.
21.
The use of land as livestock grazing or pasturing land, an outdoor
confinement area or farm-animal yard.
C9.4.4
Prohibitions and Regulations - New Uses & Activities
The significance of a prescribed drinking water threat listed in Section
C9.4.3 depends on the characteristics of the activity and where the activity
is occurring within a WHPA or IPZ/EBA. The policies of the Source
Protection Plan set out whether a significant drinking water threat is to be
prohibited or regulated within WHPAs or IPZ/EBA.
The Municipality's Risk Management Official shall determine whether a new
land use or activity is, or involves, a significant drinking water threat in
accordance with the Clean Water Act, 2006 and whether the use or activity is
prohibited, or regulated through a Risk Management Plan in accordance
with the Source Protection Plan or a Prescribed Instrument. Therefore,
notwithstanding the land uses permitted by the underlying land use
designation in this Plan, permitted land uses that involve a significant
drinking water threat within a WHPA or IPZ/EBA identified in Schedule 'C' to
this Plan may be either prohibited or regulated by the Source Protection Plan.
An application for development, redevelopment, or site alteration for any
land use within a WHPA or IPZ/EBA that may involve a significant drinking
water threat shall only be deemed complete under the Planning Act if the
Risk Management Official has issued a Section 59 Notice in accordance
with the Clean Water Act, 2006. The Risk Management Official may provide
guidance to assist the Municipality in screening applications for
development, redevelopment or site alteration.
C9.4.5
Source Protection Plan Specific Land Use Policies
Individual Septic Systems
Notwithstanding the policies of the Saugeen, Grey Sauble, Northern Bruce
Peninsula Source Protection Plan, the following policies shall apply to all
lands within the Municipality:
a)
Where septic systems would be a significant drinking water threat
within a WHPA with a vulnerability score of 10, new lots created
through severance or plan of subdivision will only be permitted
where they are serviced by municipal sanitary sewers or where an
on-site septic system could be located outside of a WHPA with a
vulnerability score of 10.
b)
Where no municipal sanitary sewers exist and where septic systems
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already exist within a WHPA with a vulnerability score of 10, all future
or replacement private septic systems on lots where they would be
a significant drinking water threat shall be located as far as
practically possible from the wellhead while remaining in compliance
of the Building Code.
Waste Disposal
Notwithstanding the policies of the Saugeen, Grey Sauble, Northern Bruce
Peninsula Source Protection Plan, the following waste disposal activities
shall be prohibited within WHPAs with a vulnerability score of 8 or 10, where
they would be considered a significant drinking water threat:
i.
Land disposal of petroleum refining waste within the meaning of
clause
(d) of the definition of "land disposal" in section 1 of Regulation 347
(General - Waste Management) R.R.O. 1990 made under the
Environmental Protection Act,
ii.
Land disposal of municipal waste, hazardous waste, liquid industrial
waste, or processed liquid industrial waste, within the meaning of
clauses
a) and b) of the definition of "land disposal" in section 1 of Regulation
347 (General - Waste Management) R.R.O. 1990 made under the
Environmental Protection Act, and
iii.
Land disposal of liquid industrial waste, industrial waste, or
commercial waste within the meaning of clause (c) of the definition
of "land disposal" in section 1 of Regulation 347 (General - Waste
Management) R.R.O. 1990 made under the Environmental
Protection Act.
Fuel Storage
Within the Kincardine Drinking Water Intake Events Based Area (as shown
on Schedule C), the establishment of new fuel storage in a quantity of 3,000
L or more (EBA-3000) shall be prohibited. The expansion or replacement of
existing fuel storage is permitted if it can be demonstrated to the Risk
Management Official's satisfaction that the expansion or replacement will
provide greater integrity. Therefore, the storage of fuel is designated for the
purposes of s.57 of the Clean Water Act.
Within the Kincardine Drinking Water System Events Based Area, where
fuel is currently stored in a quantity of 3,000 L or more (EBA-3000), 5,000 L
or more (EBA-5000), and 10,000 L or more (EBA-10000), the capacity of
existing fuel storage shall be determined and recorded within three years of
the effective date of the Source Protection Plan. The expansion or
replacement of existing fuel storage is permitted, if it can be demonstrated
to the Risk Management Official's satisfaction that the expansion or
replacement will provide greater integrity. Establishment of a Risk
Management Plan is required. The storage of fuel may only occur in
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accordance with an approved Risk Management Plan. Therefore, the
storage of fuel is designated for the purposes of s.58 of the Clean Water
Act.
C9.5
Implementation
C9.5.1
Review of Source Protection Plans
Future reviews of the approved Source Protection Plan may result in a
change in the vulnerability scoring or the geographic extent of an existing
WHPA or IPZ. The establishment of a new municipal water supply source
will result in the establishment of a new WHPA or IPZ. Abandonment of a
municipal water supply source will indicate the need to remove the
corresponding WHPA or IPZ associated with the supply source.
Changes to the extent or vulnerability of an existing WHPA or IPZ, or the
establishment of a new WHPA, IPZ or vulnerable area as defined in the
Clean Water Act, 2006, as a result of a review and amendment to an
approved Source Protection Plan will not require an amendment to this Plan.
Changes to any policies in the approved Source Protection Plan, which
require municipal implementation will require an amendment to this Plan.
C9.5.2
Zoning By-laws
The Municipality will amend the Zoning By-law and may also adopt other
development controls to protect WHPAs and IPZs in accordance with the
policies of this Plan and the Source Protection Plan. The Zoning By-law will
identify the WHPAs and IPZs as identified in the Source Protection Plan and
provide regulations to prohibit or restrict significant drinking water
threats from
establishing within WHPAs and IPZs in accordance with the Source
Protection Plan.
C9.6
Water Quality and Quantity - Protection Measures
The following policies provide for the establishment of additional protection
measures of either a regulatory or voluntary nature by Council.
Council shall encourage the use of alternative protection measures within
highly vulnerable areas, including but not limited to, land acquisition,
conservation easements, growth management and landowner partnership
programs. Nothing in this subsection shall imply that County Council and/or
local Council is required to commit financial compensation for changes in
land use or land management practices as a result of the implementation of
the policies of this Section or approved Source Protection Plan.
Council will support a program to establish a system of monitoring wells
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within municipal WHPAs in order to assist in identifying contaminants in the
groundwater before they reach the municipal wells in consultation with the
Risk Management Official. Priority of monitoring will be given to WHPAs
where the pumped aquifer is highly vulnerable (i.e. vulnerability of 8 or 10)
and where existing water quality indicates changes from background
conditions.
Council will encourage the development and promotion of Best
Management Practices (BMPs) in vulnerable areas.
Council shall undertake public education and outreach programs as required
by the applicable Source Protection Plan.
Council shall consider the development of programs offering financial
incentives to protect and maintain groundwater and surface water quality.
Council is encouraged to adopt guidelines or regulate the proper
maintenance and regular evacuation of septic tanks to assist in the proper
maintenance and operation of septic systems.
Council is encouraged to adopt guidelines or regulate the drilling of private
wells on lots where municipally operated communal water services are
already provided.
Council is encouraged to develop programs to identify and decommission
unused water wells and encourage the owners of dug wells to install a drilled
well and decommission the dug well.
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C10
EMERGENCY PLANNING
C10.1
All development applications shall be reviewed having regard for the health
and safety of existing and future residents and business. Applications shall
be reviewed to ensure that they are in keeping with the Municipality's
Emergency Response Plan.
C10.2
The Municipality shall update its Emergency Response Plan at regular
intervals based on levels of growth and forms of non-residential
development. Where necessary, this Plan may be amended to ensure that
public works and future land use is consistent with the Emergency
Response Plan.
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SECTION "D" DETAILED
LAND USE POLICIES
This Section establishes policies relating to the various land use categories, including
Residential, Commercial, Industrial, Institutional, Open Space, Natural Environment and
Development Constraint, Business Park, Shoreline and Future Development. This
Section should be read in conjunction with Schedules A, B and C which shows the
location of the various land use categories.
D1
RESIDENTIAL
D1.1
GOAL
An ample supply of affordable and quality living accommodation in terms of
type and location will be provided for the Municipality's present and future
residents.
D1.2
OBJECTIVES
D1.2.1
Residential development will be permitted according to the policies
contained in this Plan when access to transportation and Municipal services
are adequate; and will be staged to the satisfaction of the Municipality of
Kincardine.
D1.2.2
Premature residential development which would create an adverse
economic burden for the Municipality will be discouraged.
D1.2.3
Buffering of residential areas from higher-density residential areas as well
as other land uses will be required when the residents living environment
would be adversely affected.
D1.2.4
The Municipality shall provide for an appropriate range of housing types and
densities to meet projected requirements of current and future residents of
the regional market area by establishing and implementing minimum targets
for the provision of housing which is affordable to low and moderate income
households, by permitting and facilitating all forms of housing required to
meet the social, health and well-being requirements of current and future
residents, including special needs requirements.
The Municipality shall promote densities for new housing which efficiently
use land, resources, infrastructure and public service facilities, and support
the use of alternative transportation modes and public transit in areas to be
developed.
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D1.2.5
Assisted owner and rental housing will be encouraged as the need is
identified in local and County housing studies.
D1.2.6
The Municipality shall monitor the amount of land available for residential
development to ensure that there is, at all times at least a 12 year supply of
land designated for residential development.
D.1.2.7
The Municipality shall permit the conversion of residential buildings located
adjacent to the Core Commercial area (e.g. Princes Street) for office uses
or small-scale commercial shops, to serve as a transition between the
downtown and residential neighbourhoods. Such conversion shall be
subject to applicable Zoning By-law amendment and site plan process, and
comply with policies and guidelines that may be enacted by Council to
provide applicable guidance.
D.1.2.8
The Municipality shall permit compatible institutional uses (such as
elementary schools, libraries and places of worship) within the Residential
designation, subject to meeting other requirements of this Plan and required
details through site plan approval.
D1.3
PERMITTED USES
The Residential designation means that the predominant use of the land in
the areas so designated shall be for residential dwelling units. Permitted
Residential uses shall include low density housing such as single family
detached units, semi-detached units and duplex units, and may include
apartment dwelling units, medium density triplexes, quadraplexes and
townhouses, high density housing including apartments, group home and
additional residential units (ARU).
Up to two (2) additional residential units (ARUs) are permitted on a lot and
can be located within a single detached dwelling, semi-detached dwelling,
duplex dwelling or row dwelling or in a detached accessory building on the
same lot as a single detached dwelling, semi-detached dwelling, duplex
dwelling or row dwelling, subject to the policies of this Plan.
Uses of land which are complementary to and compatible with Residential
uses shall also be permitted. Such uses include:
- Institutional Uses in accordance with Section D5
- Open Space Uses in accordance with Section D6
- Home Occupations
- Local Commercial Uses in accordance with Section D2.7
- Bed and Breakfast Establishments
- Home-based Child Care
- Unlicensed Child Care
D1.4
GENERAL POLICIES
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D1.4.1
The quality of existing residential development in areas designated for
continued residential use will be maintained and, where possible, improved.
D1.4.2
Residential development will not be permitted in areas subject to high levels
of pollution, whether from noise, air or water.
D1.4.3
Appropriate buffering shall be provided between residential areas and
industrial uses, major facilities, commercial uses, arterial roads, County
Roads, Provincial Highways and railways.
D1.4.4
New residential development will be allowed in all Residential designations,
both as infilling and expansion. Infilling may proceed by severance or by
registered plan of subdivision. The expansion of Residential areas will be
primarily by registered plan of subdivision. New development taking place
in greenfield areas should occur adjacent to the existing built-up area and
shall have a compact form, mix of uses and densities that allow for the
efficient use of land, infrastructure and public service facilities in order to
conserve energy and shall be designed in recognition of wind and snow
effects, and when appropriate as determined by a comprehensive review.
D1.4.5
Plans of Subdivision in greenfield areas will be phased as a condition of
draft plan approval and subdivision agreements to ensure that a range and
mix of housing options is provided at all stages of development and that
existing and future residents will not be adversely impacted by on-going
construction activity.
D1.4.6
Availability of Affordable Housing
a)
The Municipality shall encourage an adequate supply of affordable
housing.
b)
The Municipality shall attempt to have 30% of all new residential
construction affordable. In a given year the residential development
may meet, exceed or fall short of the 30% target and therefore, to
achieve a more realistic picture of the progress made in achieving
this target, five year averages shall be used to meet affordable
housing objectives.
c)
The Municipality shall ensure that the Comprehensive Zoning By-law
does not require standards which preclude the development of
affordable housing and may provide incentives such as increased
density bonusing for the development of affordable housing.
d)
The Municipality shall consider providing incentives to the public and
private sectors to create new affordable rental units;
e)
The Municipality shall provide a grant-in-lieu of residential
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development charges, planning fees and building permit fees for
affordable housing developments in return for a commitment by the
developer to meet specified affordability targets;
f)
The Municipality has a 'housing first' policy for surplus municipal
lands. Specifically, the first priority in the decision making process
respecting surplus or potentially surplus municipal property shall be
affordable housing development and that the surplus property be
made available for affordable housing purposes at a reduced cost;
and
g)
The Municipality shall promote, and where possible, assist in the
administration of County, Provincial and Federal housing programs.
D1.4.7
Supply of Serviced Residential Land
a)
A supply of residential land shall be maintained at all times in the Plan
area to accommodate the growth that is anticipated over the next 15
years (minimum), as directed by the Provincial Policy Statement.
The supply of land will take into consideration opportunities for
intensification and redevelopment.
b)
The Municipality shall establish and maintain an on-going inventory
of potential sites for affordable or supportive housing projects.
c)
The Municipality shall negotiate with developers in efforts to establish
plans that include the types of housing needed within the
Municipality.
D1.4.8
Range of Housing Types
a)
The Municipality shall support a wide range of housing types, zoning
standards and subdivision design standards where appropriate.
b)
The Municipality establishes the following housing mix targets for the
entire Municipality:
Low Density
-
70%
Medium Density
-
25%
High Density
-
5%
c)
In order to achieve these targets existing low density residential
areas and existing commercial areas may need to develop through
residential redevelopment and infilling. The Municipality will target 20
percent of all new housing to be developed in this manner. These
areas may be zoned to permit higher density uses in the Zoning By-
law.
It is the policy of this Plan to encourage average density in residential
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designations to increase to 15 units per hectare within serviced
settlement areas, and 5 units per hectare within un-serviced
settlement areas, over the planning period. Some areas with no
services may require lower densities in order to achieve sufficient
area for septic system requirements.
d)
The Municipality shall strive to maintain and improve the existing mix
of housing tenure. To this end, the Municipality establishes the
following housing tenure targets:
Ownership
-
70%
Rental
-
30%
e)
The Municipality will encourage intensification and redevelopment in
commercial areas as a method of creating potential opportunity for a
range of housing.
f)
A duplex/semi-detached dwelling shall be permitted in all residential
areas that permit single detached dwellings, where municipal water
and municipal sewer services are provided.
D1.4.9
Special Needs Housing
a)
The Municipality shall seek to improve access to housing for people
with special needs, including assisted housing for low income
people,
seniors
housing
and
housing
for
physically
and
developmentally handicapped individuals.
b)
The Municipality shall work with local groups to determine the
demand for special needs housing. The Municipality shall support
appropriate applications and proposals for special needs housing.
c)
The Municipality shall consider alternative approaches to providing
housing targeted specifically to the seniors population.
d)
The Municipality will permit temporary housing as is required to meet
the needs of temporary workers involved in the expansion to the
BNPD facilities or other large projects requiring an influx of temporary
residents.
i)
Mobile homes shall not be permitted except within a mobile
home park. The establishment of a mobile home park will
require an amendment to this Plan to create 'an Area Specific
Policy' except where the use is required for the temporary
housing of workers.
ii)
The Municipality will support the development of short term
housing to accommodate temporary workers required to
expand Bruce Power.
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Municipality of
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This form of development may include modular or mobile
dwelling units in a planned temporary park that may be placed
on lands designated Residential, Industrial or Commercial as
a temporary use provided that:
i)
the dwellings are connected to full municipal services;
ii)
there is an agreement between the Municipality and the
land owner specifying the length of time that the use
may exist and the conditions under which the
development may proceed; and ,
iii)
the development shall be subject to Site Plan Control
under Section 41 of the Planning Act.
iv)
A Temporary Use By-law is passed by Council to permit
the use.
D1.4.10
New Residential developments, especially subdivision proposals will be
encouraged to be as visually interesting as possible. Possible approaches
include mixing housing densities and styles, varying the location of buildings
on lots and utilization of the natural features of a site. The Municipality may
pursue the creation of Urban Design Guidelines for new subdivision
development.
D1.4.11
Reduced urban development standards such as smaller frontages,
narrower road allowances and shared services may be considered, where
appropriate, in new areas of development and/or in areas of existing
development which require unique development standards. Where reduced
standards are considered for a development, the development shall be
placed within a Special Zone in the Zoning By-Law.
D1.4.12
Notwithstanding policies D1.4.10 and D1.4.11 all new residential
development in older, established residential areas will be encouraged to
be developed in keeping with the overall built form, massing and building
setbacks of such areas.
D1.4.13
In all residential areas, great care shall be taken to preserve mature
vegetative growth. Existing trees shall be preserved, wherever possible and
other vegetative cover and natural drainage patterns shall be an essential
consideration in the design of any proposed residential development. The
preservation of trees along streets and roads shall be encouraged by
Council, except where removal is necessary because of disease or
obstruction of viewing angles.
D1.4.14
Where new development occurs adjacent to existing development that is at
significant lower density, the new development shall be designed to provide
a transition of density and height in order to provide for compatible built
form. In addition, landscape buffers for new buildings may be required in
order to minimize potential impacts on existing developed areas.
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D1.4.15
All new Residential uses in the urban areas of Kincardine and Tiverton shall
be connected to Municipal water and sewage services, except in limited
situations where physical constraints make it economically not feasible. In
such cases, the proposed servicing shall be subject to the approval of the
Municipality and/or the Ministry of the Environment.
D1.4.16
Home Occupations
Home occupations will be permitted in the Residential designation, subject
to the provisions of the Zoning By-law. Home occupations will be
continuously monitored, by licensing if necessary, to ensure their
compatibility with the Residential environment. The Zoning By-law or other
by-laws under the Municipal Act will provide regulations which:
a)
may include a detailed list of permitted home occupations uses;
b)
Restrict the number of people which may be employed in the
home occupation;
c)
Provide a maximum percentage of the floor area of the residence
which may be used for the home occupation;
d)
Maintain the external appearance of the residence and control
exterior signs (in accordance with Section H11 of this Plan); and,
e)
Provide appropriate parking standards for such use.
D1.4.17
Small-scale institutional uses permitted within the Residential designation
shall be subject to the Institutional Policies contained in Section D5 of this
Plan, and shall require amendment of the Zoning By-Law.
D1.4.18
Bed and Breakfast Establishments
Bed and Breakfast operations may be permitted within single detached
homes within the Residential designation subject to the requirements of the
Comprehensive Zoning By-law.
a)
The Comprehensive Zoning By-law may provide Bed and
Breakfast regulations which ensure:
i)
that the establishment of such uses not change the residential
character of the area;
ii)
all requirements of the zoning by-law are met, including
adequate off-street parking, minimum floor area for guest
rooms and maximum number of guest rooms;
iii)
such uses may be permitted in buildings which constitute the
principal residence of the operator or an accessory structure;
iv)
the maximum number of guest rooms for overnight
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accommodations shall not exceed 3;
v)
the Bed and Breakfast suite meets all health, safety, servicing
and building code standards; and,
vi)
any other regulation deemed necessary by the Municipality.
b)
Bed and Breakfast operations shall be encouraged to locate in the
older established areas of the Municipality in close proximity to the
downtown business area and/or the recreational amenities of the
Lake Huron Shoreline. This policy is not intended to restrict such
businesses from locating in other residential areas of the
Municipality; and,
c)
Bed and Breakfast operations may be subject to Site Plan Control.
D1.4.19
SECONDARY RESIDENTIAL UNITS
a)
ADDITIONAL RESIDENTIAL UNITS (ARU)
The term additional residential unit (ARU) means a separate residential unit
subsidiary to and located on the same lot as a principal dwelling unit, within
the principal dwelling or in a detached building on the same lot.
i. An ARU may be permitted, within a single detached dwelling, semi-
detached dwelling, duplex dwelling or row dwelling or in a detached
building on the same lot, subject to the policies of this Plan and the
requirements of the Comprehensive Zoning By-law.
ii. Where an ARU is listed as a permitted use:
1. On a lot serviced with full municipal water and sanitary
services, the maximum number of residential units shall be
three (3) which includes the principal unit and a maximum of
two (2) ARUs.
2. On a lot serviced with partial municipal services or private
services, the maximum number of residential units shall be
two (2) which includes the principal unit and one (1) ARU.
3. Notwithstanding 2 above, an ARU shall not be permitted on a
partially or privately serviced lot that is legal non-conforming
with respect to lot area or lot width, except where:
a) The lot area is 4,000 square metres (0.4 hectares) or
greater; or
b) A smaller lot size is supported by the required studies
outlined in Section 'E' Municipal Services.
iii. It must not be a stand-alone, principal unit, capable of being severed;
iv. The Comprehensive Zoning By-law may provide ARU regulations
which:
1. Restrict any business or commercial enterprise from taking
place within the ARU;
2. Set out restrictions involving the unit size, alteration to the
outside of the building or structure, parking and entrance
requirements, maximum separation distance between a
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principal unit and a detached ARU, and water and
sewer/septic servicing requirements.
b)
GARDEN SUITES
The term Garden Suite is used to describe a temporary detached residential
unit accessory to a primary residence and which offers an alternative
arrangement for housing elderly parents, family members with special
needs or other similar individuals.
A Garden Suite shall be considered an additional residential unit (ARU) for
the purpose of counting the total number of ARUs permitted per lot."
Garden Suites may be permitted within the Residential designation subject
to the requirements of the Comprehensive Zoning By-law.
a)
The Comprehensive Zoning By-law may provide Garden Suite
regulations which:
i.
require the residential unit to be detached and accessory to a
primary dwelling unit;
ii.
restrict any business or commercial enterprise from taking place
within the residence;
iii.
require the dwelling unit to meet all requirements of the
Comprehensive Zoning By-law, including yard setbacks; and,
iv.
prohibit the use of a mobile home.
Garden suites, while complying with the regulations outlined in
the Comprehensive Zoning By-law, will require land use
permission through the adoption of a Temporary Use By-law
pursuant to Section 39 of the Planning Act, 1990.
b)
The Municipality shall enter into an agreement with the property
owner or occupant to cover issues such as:
i.
conditions under which the Garden Suite will be removed from
the property;
ii.
the Garden Suite not be used as a rental dwelling unit for profit
or gain;
iii.
the Garden Suite meets all health, safety, servicing and building
code standards;
iv.
the need for bonding or security to ensure that certain conditions
of the agreement are met; and,
v.
other issues deemed important by the Municipality.
c)
Garden Suites may be subject to Site Plan Control.
D1.4.20
Child Care Centres
a)
The term "Child Care Centre" means a premises operated by a
person who is licenced by the province to operate a child care centre
at the premises.
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b)
Child Care Centres may be permitted within the Residential
designation subject to the provisions of the Comprehensive Zoning
By-law.
c)
The facility shall be licensed by the Ministry of Education under the
Child Care and Early Years Act, 2014 including any amendments, or
its successor.
d)
The facility shall meet all health, safety and building code standards.
e)
Child Care Centres may be subject to Site Plan Control.
D1.4.21
Area Specific Policies (as shown on Schedule 'A')
Development of the lands located north of the North Line Extension and
west of Bruce Road 23 shall only occur in accordance with the following:
d)
a comprehensive EIS identifying natural heritage features including
but not limited to wetlands, significant woodlands, natural drainage
courses and natural habitat areas shall be completed and the
development shall be designed to protect and preserve the natural
features of the land.
e)
The development shall be designed in a manner sensitive to existing
development in the area taking into consideration lot size, density,
height, and variations in topography and existing/proposed
vegetative buffering and spatial separation.
f)
the development shall be supported by a traffic study that establishes
a road pattern and identifies external road improvements that will be
undertaken, to ensure that existing uses are not adversely affected
by increased traffic. Road systems serving the shoreline residential
uses and the urban residential uses shall be separated as much as
possible, and traffic from new Urban Residential areas shall be
directed primarily to Bruce Road 23.
Pedestrian access to the beach shall be established in such locations
and in such a manner as to minimize adverse impacts on existing
shoreline properties.
g)
the development shall be supported by a comprehensive
development plan that incorporates a Subdivision Design / Lot
Layout; Stormwater Management Plan; Servicing Options
Report; Comprehensive
Environmental Impact Statement (EIS); Archaeological Study; and
any other information as deemed necessary by Council.
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h)
the lands identified as "ASP D1.4.21e)" on Schedule "A" shall be
developed with an overall density not to exceed 5 units per hectare.
D1.4.22
The following maximum gross residential densities will apply to new Low
Density Residential uses:
HOUSING TYPE
MAXIMUM NO. OF UNITS
PER GROSS HECTARE
Low Density
Single Detached
25 u.p.h.
Semi-Detached
35 u.p.h.
Gross Residential Density shall mean the density of residential
development in an area including local roads and such other uses as parks
and local commercial facilities.
D1.5
MEDIUM AND HIGH DENSITY HOUSING
D1.5.1
The following factors will be considered when reviewing proposals for any
medium and high density housing development:
a)
Compatibility with existing land use in the immediate area, historical
significance of existing buildings, the nature of the residential area;
b)
Where adjacent to low-density residential areas, medium and high
density housing shall maintain a low building profile to conform
visually to the adjacent low-rise residential areas. This may be
achieved through transitioning between areas by maintaining
compatibility at the edges of a development, then shifting to higher
forms/density towards the interior of the development. New
development shall respect the massing, composition,
and
architectural design of the surrounding area.
c)
Adequate off-street parking shall be provided;
d)
Buffering from any adjacent low-rise residential use shall be provided;
e)
Suitable landscaping and on-site amenities in the form of open space
/ green space shall be provided. The amount of amenity area shall be
in appropriate proportion to the level of density;
f)
The adequacy and proximity of community facilities such as schools,
shopping and recreation facilities;
g)
The adequacy of Municipal services to accommodate the proposed
density of development;
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h)
Such development will be encouraged in proximity to commercial
areas where traffic congestion can be minimized;
i)
The manner in which the development relates to proposed future
land uses in developing residential areas;
j)
Medium and high density housing shall be in separate zones in the
Zoning By-Law. Such development will proceed by an amendment
to the Zoning By-Law;
k)
Medium and high density housing will be subject to the Site Plan
Controls of the Planning Act; and,
D1.5.2
The following maximum net residential densities will apply to new medium
and high density residential uses:
HOUSING TYPE
MAXIMUM NO. OF UNITS
PER NET HECTARE
Medium Density
50 u.p.h.
Triplex, Townhouse, Low-rise Walk-up
Apartments
High Density
95 u.p.h.
Apartments
Net Residential Density means the area of the site proposed for development,
not including roads, parks, local commercial facilities, etc.
D1.5.3
Consideration may be given to waiving locational requirements and
reducing parking standards for medium and high density senior citizens
housing or affordable housing developments, subject to amendment of the
Zoning By-Law.
D1.5.4
Conversion of single family homes into multiple family units will be permitted
subject to the provisions of the Zoning By-Law, provided they are
structurally adequate, that no external changes are required which will
detract from the physical appearance of the building, and that adequate rear
yard parking can be provided. Such conversions shall be subject to the
development policies of Section D1.5.2 of this Plan.
D1.5.5
Condominium development will be considered for various forms of
residential development, provided the proposal complies with the
requirements of The Condominium Act, and subject to the provisions of the
Zoning By-law.
D1.5.6
Proposals which would result in the conversion of rental housing to
condominium ownership, may only be permitted where:
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a)
the rental vacancy rate for comparable units for the has been at or
above 3 percent for the preceding three years; or,
b)
the conversion will address and result in the creation of affordable
housing for affordable home ownership; or,
c)
the conversion will rectify existing health and safety issues through the
completion of building renovations/retrofits, the cost of which would
necessitate an increase in rent levels above the affordability threshold;
and,
d)
the owner/applicant submits a detailed inspection report on the
physical condition of the property by a qualified architect or engineer
to the satisfaction of the Municipality;
e)
tenants have the option to continue to lease their units following the
approval of the conversion to condominium in accordance with the
provisions of the Residential Tenancies Act; and,
f)
the owner enters into an agreement with the Municipality which states
that tenants may have first right to purchase their units or allows them
to continue to rent despite the tenure of the building.
D1.6
GROUP HOMES
The term Group Home is used to describe a range of special needs
residential living opportunities as a single-family unit within a single
detached dwelling unit. Group Homes shall be permitted within the
Residential designation subject to the requirements of the Comprehensive
Zoning By-law.
a)
The Comprehensive Zoning By-law shall provide regulations which
recognize group homes offering long term (more than 1 year)
housing within a single housekeeping unit for five (5) or less seniors,
developmentally and/or persons with a disability, as a permitted use
in all residential zones provided the following criteria is satisfied:
i)
that no physical alterations be made to change the character
of the structure as a single detached residential dwelling unit;
b)
The Comprehensive Zoning By-law may provide regulations which
recognize group homes offering long term (more than 1 year) housing
to six
(6) or more seniors, and/or persons with a disability subject to an
amendment to the Comprehensive Zoning By-law which is assessed
based on the following criteria:
i)
whether the facility is licensed, regulated and/or approved
by a government regulatory body;
ii)
that a demonstrated local need exists for such a facility;
iii)
that additional supportive services and facilities exist for
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the residents;
iv)
that no other group home is located within close proximity to
the proposed site; and,
c)
The Comprehensive Zoning By-law may provide regulations which
recognize halfway houses offering short term (less than 1 year) or
long term (more than 1 year) housing to individuals who require such
service subject to an amendment to the Comprehensive Zoning By-
law which is assessed based on the following criteria:
i)
whether the facility is licensed, regulated and/or approved
by a government regulatory body;
ii)
that a demonstrated local need exists for such a facility;
iii)
that additional supportive services and facilities exist for
the residents;
iv)
that 24 hour supervision and security is in place;
v)
that no other group home is located within close proximity to
the proposed site; and,
d)
Group Homes may be subject to Site Plan Control.
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D2
COMMERCIAL
D2.1
GOAL
A well balanced and varied Commercial economy will be established to
serve the needs of residents of the Municipality of Kincardine, the rural trade
area and the travelling public.
D2.2
OBJECTIVES
D2.2.1
A viable and reasonable range of shopping facilities to serve the needs of the
public shall be established by adapting commercial activities to changing
market size and composition, in accordance with the Municipality's growth.
D2.2.2
Downtown and harbour improvement programmes, shall be encouraged to
maintain the downtown commercial area as the Municipality's major focus
of commercial, institutional and recreational activities; and, to ensure
appropriate development of commercial uses related to the waterfront and
harbour area of the Municipality.
D.2.2.3
Additional complimentary uses shall be encouraged within the downtown
and adjacent areas, subject to meeting other objectives of this Official Plan.
D2.2.4
Commercial areas outside of the downtown shall be maintained and
improved, provided that development of such areas does not detract from
the function of the downtown.
D2.2.5
Local commercial establishments shall be encouraged to develop in
harmony with, and in proximity to residential development as the market
demands mature.
D2.2.6
Adequate space shall be provided for commercial uses which are
highway/service oriented and require large parcels of land, and a high ratio
of parking to floor area, but which do not compete on a functional basis with
the downtown or shopping centres.
D2.2.7
The development of tourist-oriented commercial facilities shall be
encouraged, in order to support a strong tourist industry.
D.2.2.8
The introduction of compatible non-commercial uses shall be encouraged
in appropriate locations within the Municipality, in order to create vibrant
mixed-use commercial / residential nodes.
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D2.3
PERMITTED USES
The Commercial classification of land shall mean that the predominant use
of land in areas so designated shall be buying, selling and leasing of
personal, business and recreational services. Other complimentary uses
may be added as outlined herein. Such activities shall be located in
established Commercial areas of the Municipality.
Commercial uses within the Municipality of Kincardine may be classified by
function into five (5) groupings:
a)
A wide range of Core Commercial uses and complimentary
residential uses located in the downtown core, and designated as
Core Commercial on the Land Use Plan (Schedule "A");
b)
Uses permitted within the Highway Commercial designation shall
include those uses which because of space and parking demands are
not compatible with the compact nature of the core area or which are
dependent upon vehicular traffic. Highway Commercial areas are
located along major corridors within the Municipality, and are
designated on the Land Use Plan.
c)
Mixed Use areas are intended to encourage a broader range of uses,
introducing medium- to high-density residential uses alongside more
traditional commercial and office uses. Mixed Use areas may form a
transition between low density residential areas and commercial or
business park areas. Prominent locations within the Municipality are
appropriate for a mixing of uses, and have been identified as such.
These areas are designated as Mixed Use on the Land Use Plan.
d)
Local Commercial uses which serve the daily need of an adjacent
Residential neighbourhood, providing only convenience and
personal service facilities including professional or personal services
that are provided for gain and where the retail sale of goods, wares,
merchandise or articles is only accessory to the provisions of such
services. Local Commercial uses are not shown on the Land Use
Plan; and,
e)
Resort Commercial uses which include Commercial uses related to
the waterfront, such as marinas, restaurants, tourist accommodation,
multiple - family residential, and recreational facilities and which are
designated as Resort Commercial on the Land Use Plan.
The following uses as they relate to the waterfront and on lands
designated 'Resort Commercial", and with reference to the
Waterfront Development Plan, shall be permitted: marinas,
restaurants, recreational facilities, convention centres, and
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specialized retail uses. All development shall be specifically
designed to ensure and maintain public access to the waterfront.
Uses in Core Commercial, Highway Commercial, Mixed Use and
Resort Commercial areas, may also include recreational facilities,
institutional uses, utilities, accessory buildings, parking lots, open
space, child care centres. New Residential units shall be permitted
in the downtown Core Commercial area above and behind
commercial uses, and within Mixed Use areas, provided that
adequate off-street parking facilities are provided and other policy
requirements of this Plan are met. Home-based child care and
unlicensed child care may be permitted in legally existing single-
detached and semi-detached dwellings.
D2.4
GENERAL POLICIES
D2.4.1
New Commercial Development will be subject to the Site Plan Control.
D2.4.2
Landscaping shall be required as part of new Commercial
development.
D2.4.3
Co-ordinated design in keeping with adjacent uses shall be encouraged for
building elevations.
D2.4.4
Entrance and exit access to off-street parking areas shall be designed to
minimize danger to vehicular and pedestrian traffic. Wherever possible
adjacent parking areas should be connected to permit traffic flow through
the parking areas.
D2.4.5
Screening and buffering shall be provided between new Commercial uses
and adjacent uses, in accordance with the provisions of the Zoning By-law.
D2.4.6
Commercial establishments shall be required to erect signs which do not
detract from the visual quality of the Commercial area, with respect to size,
illumination location and nature of construction.
D2.4.7
Council, in co-operation with the B. I. A. and the Chamber of Commerce,
will encourage merchants to maintain and enhance the attractiveness of
their businesses to the consumer and passer-by. The Council may lend
support to the B.I.A. and Chamber of Commerce in organizing special
activities, and the providing of financial assistance to assist in matters such
as façade restoration.
D2.4.8
The Municipality shall be responsible for monitoring the build-up of retail
development outside of the downtown core areas of Kincardine and
Tiverton, in order not to jeopardize the long-term planned function of the
downtown core. Where major commercial development is proposed outside
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of the downtown core areas Council may require the submission of a market
impact analysis to assess the potential impact of the development on the
function of the particular downtown core area. Council may retain
independent advisors to assist them in understanding the implications of
such development on the planned function and character of the downtown.
D2.4.9
The Municipality may prepare Urban Design Guidelines to provide further
direction regarding site design.
D2.4.10
Parking Requirements
Adequate off-street parking shall be provided to encourage use of the
downtown.
Shared Use Parking may be considered, through an amendment to the
Comprehensive Zoning By-law, within areas designated Core Commercial.
Shared Use Parking is based on the assumption that a parking space may
be used in certain instances to serve two or more individual land uses
without conflict or encroachment.
This technique is intended to lessen the duplication of parking supply and
to optimize the use of existing and new parking facilities for mixed use
developments/redevelopments. The use of shared use parking should be
limited to mixed use developments located on the same property. This
technique is not intended to be utilized by two or more uses located on
separate lots.
Shared use parking only works for developments which meet certain
criteria. Careful analysis should be undertaken before shared use parking is
considered. The following guidelines should be followed when assessing
and implementing shared use parking:
a)
Each parking space should be useable at all times and shall include
facilities for special needs parking;
b)
The facility should accommodate significant in-bound and out-bound
traffic flow at one or more periods of the day. The design of the
access and the circulation system should be easy to understand and
use;
c)
Because of the variety in types of parkers (business, daily vs.
infrequent, shoppers, visitors, recreational etc.) the facility should
have effective signage, markings and other communication tools;
d)
Thought should be given to enforcement of parking times for on-site
visits, since the facility will be affected by parkers who overstay their
limits;
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e)
A strategy should be developed in order to guide parkers to all spaces
in the facility. The strategy should also consider separation of
parkers who tend to compete for space (shoppers and matinee
movie goers); minimum walking distance to those land uses having
a captive market; and,
f)
Shared parking can be used as a development tool.
D2.4.11
Shopping Centres
The following policies shall apply to Shopping Centre development.
Shopping Centre type development includes any group of commercial uses
permitted within the Highway Commercial designation which is owned
and/or operated as a unit. A 'Shopping Centre' may be considered a group
of commercial uses owned or managed by one corporation.
a)
All proposals for new Shopping Centre development shall require an
amendment to the Zoning By-law. The Kincardine BIA and Chamber
of Commerce shall be given formal notice of all such proposals at the
time of Zoning By-law Amendment.
b)
Shopping Centre development should only be permitted if:
i)
it is demonstrated in a market analysis study that the additional
retail floor space is justified by reason of changes in
population, personal disposable income, retail sales per
capita and existing retail floor space; and,
ii)
it is demonstrated in an economic analysis study the proposed
centre will not have a long term detrimental effect upon the
existing commercial base of the downtown commercial core.
iii)
the planned function of the Core Commercial area is not
negatively impacted.
c)
In order to facilitate the review of Shopping Centre proposals, the
following information should be supplied as part of the information
required to support an application for a zoning amendment.
i)
a general review of the location, size and type of other
commercial areas within the market area;
ii)
a breakdown of the amount of floor space to be devoted to
food shopping, department store type merchandise and to
ancillary services;
iii)
gross floor space of the proposed development;
iv)
a survey of customer shopping patterns which is used as a
basis for forecasting the centre's share of the market;
v)
a study of the impact of the proposed development on existing
commercial areas and an estimate of their anticipated
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recovery period from this impact; and,
vi)
a study of the impact of the new centre on the existing roads.
d)
Site design considerations for Shopping Centre uses should include:
i)
Adequate buffer planting or fencing shall be established
between the Shopping Centre and adjacent residential uses.
It shall be the responsibility of the Shopping Centre developer
to provide and maintain the required buffer;
ii)
Adequate off-street parking shall be provided;
iii)
The design and appearance of buildings, including exterior
materials, siting, location, landscaping, exterior lighting and
signing shall not detract from other surrounding land uses;
iv)
The lot size shall be adequate for the proposed development;
and,
v)
Proposals for Shopping Centre development shall be subject
to Site Plan Control and the developer shall be required to
enter into an agreement with the Municipality as a condition of
Site Plan approval.
D2.5
CORE COMMERCIAL POLICIES
D2.5.1
The downtown core area shall continue to provide the Commercial,
Business and Institutional focal point for the Municipality. All development
and redevelopment shall be directed toward retaining and improving the
economic viability of the core area.
D2.5.2
The Municipality may promote the conversion of vacant or under-utilized
upper level or rear areas of buildings in the Core Commercial designation
to residential apartment units in order to intensify the use of existing
buildings and to increase the population density of commerce areas.
Reductions to parking requirements or other requirements may be
considered by Council where affordable housing units are provided, and
implementation of Transportation Demand Management strategies.
D2.5.3
The Land Use Plan (Schedule "A") generally establishes the limits of the
downtown core, to provide a compact Commercial area and prevent
encroachment on adjacent Residential neighbourhoods.
D2.5.4
Downtown
and
Harbourfront
improvement
programmes
shall
be
encouraged to strengthen ties between the downtown and harbour, to
improve the harbour's recreational and commercial facilities and to improve
the
downtown
commercial
core
by
devising
and
implementing
improvements to building facades, sidewalks, roads traffic and pedestrian
circulation and landscaping. This will enhance the attractiveness and
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62
operational efficiency of the downtown and harbour. All such improvements
shall have regard to, among other things, the goals, objectives and policies
contained in Section C of this Plan. Council may provide assistance
through Community Improvement Programs and partnerships with the
private sector to improve these areas.
D2.5.5
Outside storage of supplies or waste materials shall be discouraged, unless
adequately screened.
AREA SPECIFIC POLICIES
D2.5.6
Notwithstanding their designation, for lands at the northwest corner at
Lambton Street and Victoria Street, the only permitted commercial uses
shall be a medical clinic and professional offices.
D2.5.7
Notwithstanding their 'Core Commercial' designation, those lands
comprised of Part Lots 1 and 2, West Side of Princes Street and being Parts
1 and 2, Plan 3R-3997 shall only be used for parking and access/egress
purposes.
D2.5.8
Notwithstanding their 'Core Commercial' designation, the use of those lands
located in the easterly halves of Blocks 'F' and 'H', Plan M-1, shall be limited
to primarily service oriented commercial uses.
D2.5.9
Not used.
D2.5.10
Notwithstanding their 'Core Commercial' designation, on those lands
described as Part of Lots 'A' & 'B', W/S Queen, Plan 61, the Municipality
may, through its comprehensive zoning by-law, permit dwelling units
including an apartment dwelling.
D2.5.11
Notwithstanding their 'Core Commercial' designation, on those lands
described as Lot 6, S/S Durham Market, Townplot of Penetangore, the
Municipality may, through its comprehensive zoning by-law, permit an
apartment dwelling as a principle use.
D2.5.12
Notwithstanding Section D.2.3.e 'Commercial- Permitted Uses' policies of
this Plan, the lands described as part of PLAN 55 PT LOT 6 MILL RP 3R-
6161 PART 1 UNREG (Village of Tiverton), Municipality of Kincardine,
residential uses are also permitted as a principal use.
D2.6
HIGHWAY COMMERCIAL POLICIES
The following uses shall be considered as being permitted with the
Highway Commercial designation:
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i)
Service stations, public garages, automobile sales and
service, car washing establishments;
ii)
Drive-through restaurants;
iii)
Hotels, motels, and related tourist facilities;
iv)
Bowling alleys, curling rinks, public and private clubs, and
other places of entertainment and recreation;
v)
Agricultural and industrial equipment sales and service;
vi)
Restaurants;
vii)
Boat, snowmobile, mobile home and trailer sales and
service agencies;
viii)
Building supply sales, home furnishing and appliance sales
and storage;
ix)
A local convenience store, personal service facilities ;
x)
Veterinarian clinics and associated uses;
xi)
Transportation depots;
xii)
Nurseries and greenhouse;
xiii)
Small-scale stand-alone business or professional office uses
(<929 m2 / 10,000 ft2); and,
xiv)
Office(s) accessory to permitted principal use.
D2.6.1
Highway Commercial uses should be grouped to minimize entrances and
provide interior connections in parking areas. Comprehensive development
will occur by means of common access to arterial roads by service roads,
in order to prevent irregular lot depths or landlocking.
D2.6.2
Site design considerations for Highway Commercial uses include:
a)
Landscaping shall be provided between any Highway Commercial
use or parking area and the adjacent highway, except for designated
entrances and exits; and between a Highway Commercial use and
an abutting Residential use;
b)
Adequate landscaping shall be provided on the site, in accordance
with Municipal Site Plan Control standards;
c)
Adequate off-street parking shall be provided, in accordance with
Municipal Zoning By-law regulations;
d)
Signs should be designed to be functional and avoid visual clutter
and distraction;
e)
Outdoor lighting shall direct light away from adjacent streets and uses;
f)
Outside storage shall be located to the rear of the main building on
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64
the lot, wherever possible; and
g)
New developments shall be designed to complement the area and
provide continuity in architectural and landscape design.
D2.6.3
Area Specific Policies
Notwithstanding the permitted uses of Section D2.3, the Municipality may,
through its comprehensive Zoning By-law, permit an Ontario Provincial
Police station.
D2.7
MIXED USE POLICIES
D2.7.1
Mixed Use areas shall contain a mix of commercial, residential, and office
uses in order to create an integrated and cohesive development. Mixed Use
sites have the ability to accommodate both density and the intensification of
uses.
D2.7.2
The following uses shall be considered as permitted within Mixed Use areas:
i. Office,
ii. Compatible commercial uses (such as retail, restaurants,
financial establishments)
iii. Personal service facilities
iv. Studios
v. Medical clinic or health-related uses
vi. Retail, including small-scale food stores
vii. Residential uses as outlined below.
Uses which would affect the planned function of the Mixed Use area
are discouraged.
D2.7.3
Residential uses shall be of a medium-high density built form, and may be
either integrated above the ground floor of a mixed-use building or located
within a separate building on a mixed-use site. Standalone residential
buildings may be permitted when demonstrated they form part of an overall
mixed-use site that be built in phases. Residential uses may also include
consideration of long-term care facilities and retirement homes, to be
evaluated on a site-specific basis and implemented through the Zoning By-
law.
D2.7.4
Although residential uses are permitted and encouraged within lands
designated as Mixed Use, it is not the intent of Mixed Use lands to lose the
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65
planned retail and commercial function to service the surrounding
neighbourhood. As such, the implementing zoning shall only permit a site
designated Mixed Use to be developed exclusively with one use when it is
demonstrated that is does not impact the planned function of the area, or
when it is demonstrated that the entire property forms part of an overall
mixed-use plan of subdivision that will be developed on a block-by-
block basis. Notwithstanding this, existing sites where only one use currently
exists may transition to a more mixed use in the future but in the interim are
deemed to conform to the Mixed Use designation.
D2.7.5
Drive-through proposals may be considered within the Mixed Use
designation, but may require the submission of supporting information to
demonstrate that the facility will not conflict with the planned character of
the area or residential uses.
D2.7.6
A minimum / maximum amount of commercial floor area and / or residential
area in one or multiple phases may be further regulated through the
implementing Zoning By-law. Other matters such as setbacks and building
heights may also be defined.
D2.7.7
Mixed Use sites require a high level of urban design in order to ensure
pedestrian connections across the site and between uses, as well as
compatibility with adjacent land uses. The Municipality may implement
specific site design or building design requirements through site-specific
zoning and Site Plan Control.
D2.7.8
Mixed Use sites are expected to continue to evolve over time, and should
be designed to support and accommodate this evolution.
D2.7.9
Site design considerations for Mixed Use areas shall include:
a)
Landscaping shall be provided between any Mixed Use site and the
adjacent highway, except for designated entrances and exits; and
between a Mixed Use site and an abutting Residential use;
b)
Adequate landscaping shall be provided on the site, in accordance
with Municipal Site Plan Control standards;
c)
Adequate off-street parking shall be provided for automobiles and
bicycles, in accordance with Municipal Zoning By-law regulations;
d)
Signs should be designed to be functional and avoid visual clutter
and distraction;
e)
Outdoor lighting shall direct light away from adjacent streets and
uses, as well as not cause undue light trespass for onsite residential
uses;
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66
f)
Any required loading and garbage areas shall be located in an
unobtrusive area of the site; and
g)
Mixed use developments shall be of a type and scale which is
compatible with the area.
h)
Noise
attenuation
and
mitigation
considerations
between
residential and non-residential uses shall be considered in site
design.
D2.8
RESORT COMMERCIAL POLICIES
D2.8.1
Resort Commercial uses will only be allowed if they conform to a Small Craft
Harbour Facilities study, approved by Council, and by amendment to the
Zoning By-Law.
D2.8.2
Aesthetic quality will be encouraged through the use of Site Plan Control under
the
Planning Act.
D2.8.3
Continued upgrading of marine facilities will be encouraged to further
develop the local tourist industry.
D2.8.4
Site design considerations for Resort Commercial uses shall include:
a)
The location and massing of buildings to maintain attractive harbour
vistas;
b)
The number and location of entrances/exits relative to the existing
road network;
c)
Adequate landscaping shall be provided with landscaping between
Resort Commercial uses and adjacent land uses;
d)
Development will be of a type and scale which is compatible with the
area; and,
e)
Adequate off-street parking shall be provided.
D2.9
LOCAL COMMERCIAL POLICIES
D2.9.1
Development will be of such a scale and type that will be compatible with
the existing character of the area and that will serve only the needs of the
residents of the surrounding neighbourhood. Local Commercial uses shall
also be permitted in Residential, Institutional and Shoreline designations.
Local Commercial uses serve the daily needs of an adjacent residential
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67
neighbourhood, providing only convenience and personal service facilities.
Local Commercial uses are not shown on the Land Use Plan, but may
include barber shops, beauty shops, tailor shops, shoe repair shops, wine
and/or beer making establishments, and offices as permitted uses.
D2.9.2
Local Commercial development shall not affect the economic viability of
other Commercial areas, including the downtown.
D2.9.3
Development shall be located and designed to minimize traffic conflicts and
where possible, shall be encouraged to locate at street intersections.
D2.9.4
Landscaping shall be provided between Local Commercial uses and
abutting Residential uses.
D2.9.5
Adequate off-street parking shall be provided.
D2.9.6
External advertisements and signs shall be designed to maintain the
appearance of the area.
D2.9.7
The establishment of Local Commercial uses will proceed by amendment
to the Zoning By-law and proceed through Site Plan Control.
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D3
INDUSTRIAL
D3.1
GOAL
The Municipality of Kincardine will be recognized as a Centre of Excellence
serving the needs of nuclear and alternate energy industry.
A greater number and variety of job opportunities will be encouraged by
providing adequate and suitably located areas for Industrial activities and
by providing policies to promote the development of these functions.
D3.2
OBJECTIVES
D3.2.1
Serviced areas for future industrial development will be provided, and the
development of the Bruce ECO-Industrial Park with an attractive and
functional site design will be encouraged.
D3.2.2
Diversification and expansion of the Municipality's Industrial base will be
encouraged.
D3.2.3
Secondary industries related to Bruce Power or spin- off industries related
to the Bruce ECO-Industrial Park will be encouraged to locate in the Bruce
ECO-Industrial Park.
The Municipality will plan for, protect and preserve employment areas for
current and future uses and will ensure that the necessary infrastructure is
provided to support current and projected needs.
D3.2.4
The Municipality of Kincardine will continue to follow an aggressive
industrial development strategy.
D3.3
PERMITTED USES
In areas designated Industrial, the predominant use of the land shall be for
the manufacture, assembly, process, fabrication, repair, maintenance and
storage of goods, materials, commodities and equipment and related uses
and includes fuel storage depots.
Complementary uses such as wholesale outlets, offices, training facilities
and showrooms accessory to industrial operations and research and
development facilities may also be permitted. Other complementary uses
may include recreational facilities oriented to physical fitness, parks and
open space, public uses, such as roads, public works yards, services and
utilities and educational, commercial or recreational uses which directly
serve the industries or employees.
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D3.4
POLICIES
D3.4.1
All industries shall meet the emission standards of the Ministry of the
Environment, and where necessary, obtain the approval of the Ministry of
the Environment with respect to water supply, sewage treatment, solid
waste disposal, and emissions including noise, fumes and odours.
D3.4.2
New Industrial development will be subject to Site Plan Control.
D3.4.3
Heavy Industrial uses shall be located so that surrounding uses are not
adversely affected, and so that adverse effects of any emissions of smoke,
noise and odours or increased traffic generation are minimized.
D3.4.4
Where residential land or other sensitive land uses are within the distances
identified below from proposed industrial uses, an assessment of the
potential impact of the industrial use and mitigation measures to prevent
adverse effects that may be experienced shall be required in accordance
with the Ministry of Environment Guideline D-6 (Compatibility Between
Industrial Facilities and Sensitive Land Use):
TYPE OF USE
AREA OF INFLUENCE
a)
Class III (Heavy industrial uses) Large
scale manufacturing or processing
industries, characterized by major
annoyances and high probability of
fugitive emissions
1000 metres
b)
Class II (Medium industrial uses)
Medium
scale
processing
and
manufacturing
including
outdoor
storage,
associated
with
minor
annoyances including noise, odour,
dust, vibrations and low probability of
fugitive emissions.
300 metres
c)
Class I (Light industrial uses)
Small scale, self-contained plants or
buildings having a low probability of
fugitive emission and has no outdoor
storage
70 metres
Where an impact assessment study recommends larger setbacks, such
larger setbacks shall be considered the appropriate minimum setbacks for
industrial development from residential or other sensitive land uses. In
cases where the
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separation distance can be reduced through other buffering or mitigation
measures approved by the Municipality where feasible, noise attenuation
measures shall be implemented during the construction phase of the
development.
D3.4.5
Open storage of goods or materials shall be located in interior lots, in rear
yards and interior side yards, not fronting on major roads and shall be
adequately screened by plantings, berms, fences, or buildings and shall
comply with the provisions of the Zoning By-Law.
D3.4.6
Any approved noise attenuation measures will be implemented through
methods such as the use of Holding (H) provisions or through the
subdivision or condominium approvals process.
D3.4.6
Upgraded landscaping shall be provided where Industrial uses abut
Residential areas or municipal roadways. Landscaping materials should be
indigenous and self-sustaining.
D3.4.7
All industries shall be provided with adequate off-street parking, loading
facilities, buffer and setbacks, in accordance with the provisions of the
Zoning By-Law.
D3.4.8
Development within the Industrial park will provide for the preservation of
those existing landscape features which are determined by Council to be
worthy of conservation.
D3.4.9
All parking areas shall be appropriately illuminated to ensure the safety of
pedestrian and vehicular access. Negative effects of lighting in parking and
all outdoor areas shall be minimized to ensure safety for use of the property
and of adjoining streets and properties. Lights should shine down and away
from abutting properties or roads.
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D4
BUSINESS PARK
In addition to the policies which apply to all industrial areas, the following
policies shall apply to those lands designated "Business Park". For ease of
reference these lands shall be referred to as "Business Park."
D4.1
PERMITTED USES
In areas referred to as Business Park the various uses permitted shall
complement the economic function of the downtown commercial core and
not have a negative impact on the economic viability of the downtown. In
general the range of uses include highway commercial uses, light industrial
uses, as well as some mixed-use developments where compatible.
The predominant highway commercial uses shall be those commercial uses
which are dependent upon a high degree of access and visibility to vehicular
traffic such as motels, eating establishments forming part of a motel, motor
vehicle service stations and gas bars, automotive and recreational vehicle
sales, service and rental establishments, agricultural and industrial
equipment sales and service establishments, and contractor yards.
Limited retail commercial establishments having large floor area and
parking and/or outdoor storage or display requirements not consistent with
the compact nature of the downtown commercial core shall be permitted.
The Permitted Uses shall be limited to:
i)
major furniture and appliance sale;
ii)
warehouse outlet;
iii)
building supply outlet;
iv)
fitness centre
v)
restaurant;
vi)
supermarket/grocery store;
vii)
similar retail commercial uses
All limited commercial establishments (with the exception of restaurants)
shall have a minimum of 232 m2 (2500 ft2) of 'net retail floor area'. Smaller
unit sizes may be considered through a site-specific Zoning By-law
amendment where a site is anchored by a large-format tenant having a
minimum 'net retail floor area' of 929 m2 (10,000 ft2). 'Net retail floor area'
means the floor area of the building/structure minus those areas used for
storage, receiving, HVAC etc.
The predominant Industrial uses shall be non-obnoxious light industries
involved with the manufacture, assembly, process, fabrication, repair,
maintenance and
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indoor storage of goods, materials, commodities and equipment, enclosed
warehousing, self-storage facilities, offices, public utilities, research and
development
facilities,
computer,
electronic
or
data
processing
establishments, scientific or technological establishments, communication,
business and government services, and information technology based
businesses, services and industries.
D4.2
POLICIES
a)
The Municipality shall encourage new Highway Commercial and
Light Industrial development to locate within the Business Park
designation.
b)
Mixed use buildings and mixed use site may be permitted in
accordance with the policies of Section D.2.7.
b)
In order that the Business Park lands develop as an attractive
entrance to the community the following site development standards
shall be addressed by all development proposals:
i)
Landscaping shall be provided between any permitted use or
parking areas and the adjacent roads;
ii)
Outdoor storage for uses other than automotive and
recreational vehicle dealerships shall generally be restricted.
iii)
Signs shall be designed to be functional, attractive and avoid
visual clutter and distraction, and where possible should be
consolidated on shared sign structures;
iv)
Underground servicing for electrical and telecommunication
infrastructure shall be required. Overhead high voltage trunk
electrical lines may be installed. And,
v)
Landscaping shall be provided within parking areas to create
visual breaks in the expanse of parking areas. The equivalent
of one landscaped space for every 50 parking spaced shall be
provided.
c)
Access to the Business Park and individual lots shall be from internal
roadways and joint use parking areas. In no case shall individual lots
have direct access onto Highway #21 or Highway # 9 unless they are
used by a public authority providing municipal or emergency services
with approval.
d)
Adequate off-street customer and employee parking facilities shall
be provided.
e)
Off-street parking, drive-ways and/or loading areas adjacent to
residential uses shall be suitably screened or buffered through the
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use of fences, berms or other appropriate landscape treatment, given
the size of the use proposed.
f)
All parking areas shall be appropriately illuminated to ensure the
safety of pedestrian and vehicular access. Negative effects of lighting
in parking and all outdoor areas shall be minimized to ensure safety
for use of the property and of adjoining streets and properties. Lights
should shine down and away from abutting properties or roads.
g)
Effects of Business Park development on adjacent land uses shall
be minimized by:
i)
providing distance separation and/or the construction and
maintenance of buffer strips and/or screening between such
uses;
ii)
the arrangement of lighting facilities and commercial signs, in
accordance with H11, to minimize impact on surrounding
uses;
iii)
ensuring that off-street parking facilities do not adversely
affect surrounding uses; and,
iv)
providing for a 30 metre buffer area planting strip stocked with
mature coniferous and deciduous trees when development
abuts an existing Residential zone or when abutting a
residential use along the front lot line (street line).
h)
All new buildings and structures shall be set back a minimum of 15
metres from Highway #21 and Highway #9.
i)
The minimum lot size shall be dependent on the nature of the use,
the topography and drainage.
j)
The internal road pattern for the Business Park, identified on
Schedule A to this Plan, is conceptual in nature and may be changed
or altered without the need for an amendment to this Plan.
k)
All Business Park development shall be subject to site plan control.
D4.3 AREA SPECIFIC POLICIES
a)
Notwithstanding the above policies, those lands identified as
"Business Park Special" may be used in accordance with the
"Residential" policies of this Plan found in Section D1 of this Plan.
These lands are recognized as being occupied by a historic log cabin
which may continue to be used for residential purposes until such
time as the owner decides to use the property in accordance with the
above noted "Business Park" policies.
The lands within the "Business Park Special" designation include the
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lot described as Part Lot 2, Concession 1 SDR (being Part 1, RP 3R-
3887 and Part 1, RP 3R-6579), Municipality of Kincardine
(geographic Town of Kincardine), plus a 30 metre buffer area
abutting the western and southern lot lines of the above noted
property.
The 30 metre buffer area shall be a planting strip stocked with mature
coniferous and deciduous trees. It is the intent of this Plan to limit
the impact on the "Business Park Special" area by future commercial
or industrial development. Development proposals abutting this area
shall incorporate into their site plans measures to minimize impacts
on this property.
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D5
INSTITUTIONAL
D5.1
GOAL
Institutional, educational and cultural facilities will be provided in suitable
locations to adequately serve all interest groups.
D5.2
OBJECTIVES
D5.2.1
Institutional uses will be encouraged to serve the entire Municipality and to
locate within or near the core area where possible.
D5.2.2
Institutional uses, including major education and training facilities will be
actively promoted in the Municipality.
D5.2.3
Co-operative use of community facilities with nearby Municipalities will
be promoted.
D5.2.4
Development of cultural facilities will be encouraged.
D5.2.5
Multiple use of Institutional areas and buildings will be promoted.
D5.2.6
Creative use of design to blend Institutional uses into the surrounding area
will be promoted.
D5.3
PERMITTED INSTITUTIONAL USES
In the Institutional classification of land, the predominant use of land shall
be for public and private Institutional uses. Small scale institutional uses are
generally compatible with residential land uses, and are permitted in the
Residential designation as identified in the Residential development
policies. Child care centres may also be permitted, as well as home-based
child care and unlicensed child care in legally existing single-detached and
semi-detached dwellings. Major Institutional uses are designated on the
Land Use Plan as Institutional. Ancillary uses such as parking lots,
accessory residences and open space shall also be permitted.
D5.4
POLICIES
D5.4.1
Institutional uses shall be located and designed to perform efficiently
without disrupting adjacent land uses.
D5.4.2
Joint use of both community and educational facilities, and the location of
schools adjacent to public open space will be encouraged where practical.
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D5.4.3
Adequate buffering, screen planting and/or fencing shall be provided
between Institutional uses and adjacent Residential areas.
D5.4.4
Adequate off-street parking areas with suitable screening and buffering will
be provided. Shared parking arrangements may be considered in order to
better balance parking between facilities, such as schools and parks.
Entrances and exits to parking areas will be limited in number and designed
to minimize danger to vehicular and pedestrian traffic in the immediate area.
D5.4.5
The Municipality will seek to assist the Bluewater District School Board and
the Grey-Bruce Roman Catholic Separate School Board by providing any
information required to determine future education requirements.
D5.4.6
New Institutional uses shall proceed by amendment to the Zoning By-Law
and may be subject to Site Plan Control under the Planning Act.
D5.4.7
New Major Institutional uses shall require an amendment to this Plan.
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D6
OPEN SPACE
D6.1
GOAL
It shall be the goal of this Plan to maintain and enhance the quality of the
environment of the Municipality of Kincardine by ensuring that sufficient land
is preserved for Recreational purposes, by maximizing the Recreational
opportunities on existing lands with recreational capability and by providing
the necessary facilities to meet the future needs of the residents of
Kincardine. Accordingly, a Parks and Recreation Master Plan is currently
being completed on behalf of the Municipality. Once adopted by Council,
applicable recommendations may be incorporated into this Official Plan.
D6.2
OBJECTIVES
D6.2.1
The Municipality shall promote healthy, active communities by planning
public streets, spaces and facilities to be safe, meet the needs of
pedestrians, and facilitate pedestrian and non-motorized movement,
including walking and cycling.
The Municipality shall provide for a full range and equitable distribution of
publicly-accessible built and natural settings for recreation, including
facilities, parklands, open space areas, trails and water-based resources.
The Municipality shall provide opportunities for public access to shorelines
including an integrated multi-use trail facility.
The Municipality shall consider the impacts of planning decisions on
provincial parks, conservation reserves and conservation areas.
Adequate urban parks and recreational facilities of all sizes and functions
will be provided.
D6.2.2
A full range of recreational programmes will continue to be promoted.
D6.2.3
The development of the tourist industry will be encouraged through
improving and promoting tourist attractions.
D6.3
PERMITTED USES
The predominant use of land designated Open space shall be for Open
Space conservation and recreation. Open Space includes natural areas,
parks, playgrounds, tennis courts, community centres, community trails and
similar recreational uses; and buildings and structures accessory to such
recreational and open space uses. Only those uses which do not impair
ecological processes and the environmental features so identified will be
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permitted.
D6.4
POLICIES
D6.4.1
Public Open Space will be provided according to the following standards:
PUBLIC OPEN SPACE AREA STANDARDS
AREA
NUMBER OF
HECTARES PER
1000
POPULATION
SERVICE
RADIUS
MINIMUM
SIZE
Sub-Neighbourhood
Included
in
neighbourhood
and
community
parks
0.20 km
500m2
Neighbourhood Park
and
Elementary
School combination
2.0
0.40 to 0.80 km
4 hectares
Community
Park
and
Secondary
School Combination
1.5
0.6 to 2.4 km
12 hectares
Regional and Special
Use
6.5
8 to 50 km
20 hectares
TOTAL OPEN SPACE
10.0 Hectares
TOTAL OPEN SPACE
10.0 Hectares / 1000 Population
These standards can be reduced by 25 per cent where a park and a
school are adjacent and completely accessible to one another.
Upon completion of a Parks and Recreation Master Plan, the provision of
public Open Space shall consider the recommendations of that Plan.
D6.4.2
Council shall require in the case of a subdivision proposed for commercial
or industrial purposes two percent dedication of land for park purposes; and
in all other cases five percent dedication of land for park purposes, in the
following circumstances:
a)
as a condition of subdivision or condominium approval under
Section 51(25) of the Planning Act,
b)
as a condition of development or redevelopment of land under Section
42(1)
a) or b)
Council may pursue the provision of parkland and community facilities
through a Community Benefits By-law and related study.
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D6.4.3
Cash-in-lieu of the whole or part of the park dedication may be accepted,
pursuant to Section 42(6) and 51.1(3) of the Planning Act, under the
following circumstances:
a)
Adequate parkland is available or being provided to serve
neighbourhood requirements;
b)
The park dedication would be unsuitable in terms of size, shape or
location for park purposes; and,
c)
Where the required park dedication would render the remainder of
the development site unsuitable or impractical for development.
D6.4.4
With regard to the provision of park space, subdivision and development
agreements will consider the following:
a)
The site is centrally located, visible and accessible to neighbourhood
residents, including those living adjacent to the proposed
development, where appropriate;
b)
The site is properly drained and physically suitable for functional use;
and,
c)
Responsibilities are set out for the development of the park area and
the provision of park facilities and equipment.
D6.4.5
Parks and Open Space will be developed on the basis of site plans.
D6.4.6
Existing roadside trees shall be maintained or replaced by the Municipality,
wherever possible; and roadside tree planting of one tree every lot on both
sides of the road shall be provided in new subdivisions by the developer.
The Municipality shall also encourage the establishment of natural wind
breaks to reduce erosion and snow accumulation throughout the Municipality.
D6.4.7
Where any lands are designated for Open Space use which are under
private ownership, this Plan does not intend that this land will remain as
Open Space indefinitely, nor shall it be construed as implying that Open
Space areas are free and open to the general public, or that the lands will
be purchased by a public authority. If proposals are made to develop such
lands, which are under private ownership, and no public authority wishes to
purchase the lands in order to maintain them as Open Space, then an
application for re-designation will be considered as an amendment to this
Plan.
D6.4.8
It shall be the policy of this Plan to retain existing actively maintained public
parks within the Open Space designation and increase public access to the
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waterfront wherever appropriate.
D6.4.9
The Municipality shall work towards the development of a trail system linking
the river system, the shoreline and natural and open space areas, with
major commercial, residential and institutional land areas. Connectivity
shall be maintained with transportation systems and trails.
D6.4.10
The development of the Municipality's waterfront shall be with reference to
Waterfront Development plans.
D6.4.11
The Municipality shall work towards improving opportunities for picnicking by
the travelling public and local residents within appropriate areas of the
community.
D6.4.12
The Municipality shall encourage the establishment and expansion of the
Provincial campground uses and facilities at Inverhuron.
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D7
NATURAL ENVIRONMENT AREAS
The Natural Environmental designation is comprised of three core components, including:
- Natural Heritage Features
- Key Hydrologic Features
- Hazard Lands
Natural heritage features consist of known significant woodlands, significant valleylands,
wetlands, life science Areas of Natural and Scientific Interest (ANSI), habitat of
endangered species and threatened species, fish habitat or any other area that has been
determined to be environmentally significant as a result of a planning approval process.
Key hydrologic features consist of known permanent and intermittent streams, seepage
areas and wetlands.
Hazard lands includes both hazardous land adjacent to watercourses, small inland lakes,
and the Lake Huron shoreline, including land subject to flooding hazards, erosion
hazards, steep slopes, dynamic beach hazards, and any other physical condition that
could be unsafe for development and site alteration (i.e. unstable soils or bedrock).
The main natural environment lands within this Plan area of the Municipality are the
Penetangore River, its tributaries and their adjacent valley slopes, other watercourses that
flow to Lake Huron, the Lake Huron shoreline, the ancient bluffs, and other natural heritage
features that fall within the Plan area.
Natural Environment designations are shown on Schedules 'A1' - 'A4' of this Official Plan.
The Natural Heritage System is identified on Schedules 'B1' - 'B4' of this Plan.
D7.1
GOAL
To protect and preserve areas with inherent physical and/or environmental
constraints to development which if developed could pose a danger to life
or property; and, to conserve the natural heritage features of the
Municipality.
To maintain, restore and improve the diversity and connectivity of natural
features in an area, and the long-term ecological function and biodiversity of
natural heritage systems, and to recognize linkages between and among
natural heritage features and areas, surface water features and ground
water features.
D7.2
OBJECTIVES
D7.2.1
To identify those areas that pose a risk to development, safe ingress /
egress, and to public safety; and to direct development away from such
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areas.
D7.2.2
Significant natural heritage features and areas shall be protected for the
long term.
D7.2.3
A long term programme will be undertaken to consider remedial works,
where warranted, to reduce the threat to existing development.
In addition, a long term programme will be undertaken to consider works in
the inshore area of Lake Huron which will have the effect of protecting and
enhancing the shoreline through accretion of sand and gravel materials,
widening the beach area, and lowering the slope of the inshore lake bottom.
D7.2.4
The Penetangore River Valleys and the Lake Huron Shoreline will be
encouraged to be developed as a major Open Space area, both for natural
environment protection, public use and open space linking Residential and
Commercial Areas. The SVCA should be consulted to ensure that any
proposed uses and/or construction of trails are appropriate for specific
areas.
D7.3
GENERAL PRINCIPLES
The Natural Environment designation includes significant natural heritage
features such as valley lands, significant woodlands, wildlife habitat and fish
habitat, provincially, locally and regionally significant wetlands, Areas of
Natural and Scientific Interest (ANSIs); and cold water streams.
Development and site alteration shall not be permitted in areas containing
or adjacent to natural heritage features, except in accordance with
applicable Provincial and County policies and guidance, as well as the
policies of this Plan.
In addition, the Natural Environment designation is comprised of those
lands having inherent natural hazards such as flood or erosion susceptibility,
steep slopes, poor drainage, areas of organic soils, dynamic beaches, and
other physical conditions which, if developed upon, could cause loss of life,
property damage, social disruption or result in the degradation of the
environment. The approximate location of the natural hazards applicable to
this Plan are shown on Schedules B-1 - B-4. Development and site
alteration shall not be permitted within the Natural Hazards (SVCA) areas
identified on Schedule B, except in accordance with approvals as may be
issued in consultation with the SVCA.
The hazard lands component of the Natural Environment designation as
shown on Schedule 'A' is generally based upon one or more of the following
features:
a)
The Regional Storm floodplain for (1) the Penetangore River and its
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tributaries; (2) Tiverton Creek; (3) Nile Creek; and (4) Tributary of
Little Sauble River.
b)
The valley slopes bordering the Penetangore River and its
tributaries, plus a horizontal setback for the long-term stable slope;
c)
The one in 100 year flood level along the Lake Huron Shoreline as
indicated on the Saugeen Valley Conservation Authority Flood Risk
Maps for the Municipality of Kincardine plus a:
i)
Flooding and Erosion Hazard Limit - being a 15 metre
allowance for wave uprush, erosion and other water related
hazards, measured horizontally landward from the 100 year
flood line;
And where appropriate a:
ii)
Dynamic Beach Hazard Limit - being a dynamic beach
allowance of up to 30 metres measured landward from the
Flooding and Erosion Hazard limit to recognize areas of
inherently changeable accumulations of shoreline sediments.
The exact location of the flood line or other hazardous feature on any
property, the owner is advised to review the detailed mapping available at
the Saugeen Valley Conservation Authority, and to obtain their input,
interpretation, and recommendation.
D7.3.1
Interpretation of boundaries
The boundaries and extent of natural heritage features and hazards
identified as part of the Natural Environment designation and the Natural
Heritage System are approximate. Adjustments to the boundaries of natural
heritage features and hazards, may occur through an Environmental Impact
Study or similar site-specific assessment completed in accordance with
Section D7.6, that demonstrates the appropriateness of the change to the
satisfaction of the Municipality, in consultation with the Conservation
Authority. This may include revisions to the extent and limits of features,
including adjustments to woodlot edges or minor refinements for a single lot
severance application.
These adjustments can occur without amendment to this Plan where justified
by the site-specific assessment. Such adjustments made as described
above are deemed to conform to the Official Plan, and will be incorporated
during the subsequent Official Plan update. Where the boundary to the
Natural Environment designation is revised, the abutting land use
designation or designations shall apply. The appropriate land use
schedules will be updated at the time of a future Official Plan update or
house-keeping exercise.
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A boundary modification for a Provincially Significant Wetland can only be
authorized by the Ministry of Natural Resources and Forestry through an
Ontario
Wetland Evaluation System report prepared to the satisfaction of the
Conservation Authority in consultation with the County and Municipality.
Other provincial ministries and agencies shall be included in consultation
when required. Hazard lands are identified by the Saugeen Valley
Conservation Authority. Adjustments to the hazard land boundaries as
approved by the Saugeen Valley Conservation Authority shall not require
an amendment to this Plan.
D7.4
PERMITTED USES
The predominant uses of land within the Natural Environment designation
shall be agriculture, conservation and preservation of the natural
environment, wildlife areas, existing agricultural uses, public parks, forestry,
emergency services (except in hazard lands) specifically for water rescue,
and passive outdoor recreation but not including golf courses. Nursery
gardening, marinas, boat houses and active outdoor recreation may be
considered in areas outside of significant features and hazard lands.
Those uses and activities which could be adversely affected by, or which
could increase the potential risk associated with the inherent physical
hazards, shall be prohibited. Only those uses which do not impair ecological
processes and the natural heritage features so identified will be permitted.
Approval of the Saugeen Valley Conservation Authority (SVCA) shall be
obtained for any permitted use as per the policies of this Plan, where
required under the SVCA's Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation (Ontario Regulation
169/06). The approximate SVCA Regulated areas are shown on Schedule
B of this Plan. The SVCA should be contacted to determine the site-specific
location of the Regulated Area.
D7.5
POLICIES
The following policies apply to the Natural Environment designation:
a)
The erection of buildings, and structures is generally prohibited and
Ssite alteration, including the placing or removal of fill of any kind,
whether originating on the site or elsewhere, or clearing of vegetation
within a Natural Environment Area is generally prohibited, except as
otherwise permitted within the policies of D7.5. Minor extensions or
enlargements of existing buildings and structures shall be
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discouraged and will only be permitted if it is shown:
- There is no increase in risk to public safety from natural
hazards (if present) the hazard (if present) could be mitigated in
accordance with provincial standards,
- new hazards are not created, and existing natural hazards
are not aggravated,
- natural heritage features are not negatively impacted as per
Section C2 of this Plan.
b)
Certain buildings and structures that must be located within the
Natural Environment Area by the nature of their use, such as for flood
or erosion control, are permitted. Nonetheless, any building or
structure which could be located outside the Natural Environment
Area is not permitted. Non-habitable buildings connected with public
parks, such as picnic shelters, may be permitted.
c)
The boundaries of the Natural Environment designation are
approximate, as delineated on the attached Schedules 'A', and 'B'.
The location of the boundaries of the Natural Environment Area shall
be delineated in the implementing Zoning By-law, and may be refined
through the review of site-specific development applications. Areas
designated Natural Environment shall be zoned in a separate
classification in the implementing Zoning By-Law.
d)
Development and site alteration shall not be permitted within the
floodway portion of the floodplain, as defined by the Regional Storm
flood. The Municipality may undertake future study to apply a two-
zone floodplain in certain areas to better define the floodway and
floodplain.
e)
Replacement of existing buildings or structures damaged by natural
causes may be permitted if there is no feasible room outside the
Natural Environment designation to relocate; the risk to public safety
is minor; the hazard can be mitigated as per Provincial standards;
and no adverse environmental impacts will result.
f)
New development or site alteration shall not be permitted within 30
metres of a cold water stream or 15 metres of a warm water stream,
except for the restoration or minor expansion of buildings or
structures legally existing at the date of adoption of this Plan, or site
alteration in association with a legally established use.
Landowners are encouraged to forest or naturalize the areas within
30 metres of any stream to maintain and improve fish habitat and the
ecological function of the stream and to increase natural
connections.Existing agricultural uses will be encouraged to
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minimize the potential impact on the environment by following best
management practices endorsed by the SVCA.
g)
Development or site alteration may be permitted in significant wildlife
features and in adjacent lands provided an acceptable Environmental
Impact Study is completed in accordance with the criteria outlined in
Section D7.6 of this Plan, which demonstrates that there will be no
negative impacts on the natural features or the ecological functions
for which the area is identified.
h)
Uses that require landform modifications, such as parking lots, are
not permitted in areas of environmental sensitivity, such as the Lake
Huron shoreline.
i)
Development shall not be permitted to locate in hazardous lands and
hazardous sites where the use is:
-
an institutional use including hospitals, long-term care homes,
retirement homes, pre-schools, school nurseries, child care
centres and schools;
-
an essential emergency service such as that provided by fire,
police and ambulance stations and electrical substations; or
-
uses associated with the disposal, manufacture, treatment or
storage of hazardous substances.
j)
Development and site alteration shall not be permitted in areas that
would be rendered inaccessible to people and vehicles during times
of flooding hazards, erosion hazards and/or dynamic beach hazards,
unless it has been demonstrated that the site has safe access
appropriate for the nature of the development and natural hazard.
k)
Where new development is proposed on a site, part of which has
physical or environmental hazards, then such land will not
necessarily be acceptable as part of the dedication for open space
purposes required under the Planning Act, R.S.O., 1990, as
amended. All lands dedicated to the Municipality shall be conveyed
in a physical condition satisfactory to the Municipality. Where an
open watercourse is dedicated to the Municipality, adequate space
shall be provided for maintenance operations. If necessary, the
Municipality may request a maintenance easement, at no cost to the
corporation, in its favour.
l)
It shall be the policy of this Plan that in considering an application for
development or site alteration within lands designated Natural
Environment, Council will consider if all of the following can be
satisfied:
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i)
The hazards can be safely addressed and new hazards are not
created or existing ones aggravated. This may include
preparation of an engineering study to the satisfaction of
Council and the SVCA;
ii)
No adverse or negative environmental impacts will result, and
it has been demonstrated that there will be no negative
impacts on the natural features or the ecological functions for
which they have been identified.
The Municipality, in
consultation with the SVCA shall require an Environmental
Impact Study to be prepared, at the proponent's expense, in
accordance with Section D7.6 of this Plan;
iii)
Vehicles and people have a way of safely entering and exiting
at all times;
iv)
The development does not include institutional uses,
emergency
services
(excluding
emergency
services
specifically for water rescue), or involve hazardous
substances, and;
v)
The advice, or approval where required, of the Conservation
Authority shall be obtained.
m)
Where development or site alteration is proposed and detailed
mapping is not available, the proponent shall be required to produce
the necessary mapping.
n)
Written permission may be required from the Saugeen Valley
Conservation Authority pursuant to Ontario Regulation 169/06 -
Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses where development and/or site
alteration is proposed within a Regulated Area as shown on
schedules filed with the SVCA where such mapping exists or
otherwise generally within or near the Natural Environment
designation.
D7.6
ENVIRONMENTAL IMPACT STUDY
It is the intent of the Municipality to protect natural heritage areas, functions,
and features. In certain areas development is prohibited, while in other areas
some level of development is permitted, provided it can be shown that the
proposed development has no negative impact on the natural heritage
features or functions. Based on the level of development or site alteration,
an Environmental Impact Study (EIS) may need to be completed.
The Municipality may waive the requirement for the preparation of an EIS
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upon recommendation of the SVCA and the County, if the proposal is of
such a minor nature or site conditions are such that the preparation of an
EIS would serve no useful purpose for the protection of the environmental
features. The following criteria should be used to determine whether or not
an EIS is necessary for development within or adjacent to lands designated
Natural Environment:
- Where an application for development or site alteration is of a minor
nature (e.g. new accessory structure or minor expansion of legally
existing uses, buildings, or structures), the Municipality, in
consultation with qualified experts, may waive or scope EIS
requirements.
- Where a property is zoned for residential development and
fragmentation of a significant woodland already exists, an EIS may
not be required. Requirements of the Endangered Species Act must
still be fulfilled.
- Development on existing lots of record subject to a suitable building
envelope being identified through a scoped EIS and/or in consultation
with qualified experts.
If required, an EIS shall be completed by a qualified professional with
expertise in the appropriate environmental sciences at the expense of the
proponent. The study shall conform to the County of Bruce Environmental
Impact Study Guideline, as amended from time to time.
It is the policy of the Municipality to involve the Saugeen Valley
Conservation Authority and Bruce County staff whenever an EIS is required
and that; the SVCA and County staff shall be pre-consulted to discuss the
Terms of Reference for the EIS, prior to undertaking the study.
D7.7
ADJACENT LANDS
In this Plan the Adjacent Land shall be defined as outlined in Section C2.3.9
of this Plan. Development within the Adjacent Lands shall only occur in
accordance with the criteria contained within Section C2.3.9, as well as the
following policies:
a)
Development which may have a significant impact on lands located
within or adjacent to valleylands may require the preparation of an
Environmental Impact Study (EIS) and/or Slope Stability Study, by
the proponent, to ensure that lands are not negatively impacted by
the proposed development. An EIS shall be prepared in accordance
with Section D7.6.
b)
Since the Natural Environment designation includes the valley
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slopes but may not always include the long-term stable slope from the
top of the slope,
the potential for slope instability may not be fully addressed by this
designation alone. Therefore, the SVCA should be consulted prior to
the issuance of a building permit within 50 metres of the top of the
valley slope. The policy stated in Section D7.9 b) shall apply to
proposed developments within this setback area.
D7.8
NATURAL ENVIRONMENT EXCEPTION - KINCARDINE HARBOUR
Notwithstanding any other section of this Plan, on lands referred to as the
Kincardine Harbour, and designated "Natural Environment - Exception",
uses related to the waterfront, such as marinas, restaurants, recreational
facilities and specialized retail uses shall be permitted, provided they
comply with the Municipality of Kincardine Waterfront Development Plan,
and provided they meet the following design standards:
a)
habitable uses shall not be permitted;
b)
buildings shall be set back from the water's edge (edge of harbour
wall) a minimum of 6 metres;
c)
buildings shall be floodproofed to the Regional Storm Flood elevation;
d)
appropriate erosion and sediment control measures shall be used
during construction to prevent sediment entering the river;
e)
public access to the waterfront is maintained; and,
f)
approval of the SVCA shall be obtained prior to the issuing of a
building permit;
D7.9
NATURAL ENVIRONMETN EXCEPTION - BROADWAY STREET
Notwithstanding the Natural Environment designation, and the uses
prohibited by Section D7.5a, the property referred to as 741 Broadway
Street (LOTS C, D, & E. REGISTERED PLAN 61) may be developed in
accordance with the uses contemplated in the R4-d zone (as affirmed
through OMB Decision 0957, July 15, 2003) subject to obtaining required
permits from the Municipality and SVCA to allow construction.
D7.10
DEVELOPMENT CONSTRAINT AREAS
A study of all the slopes within the Municipality of Kincardine has been
completed by the Saugeen Valley Conservation Authority. This study
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identifies areas within the Municipality with slope stability problems ranging
from minor, to moderate, to severe. The severe areas were noted to be: the
east valley slope bounded by Queen Street and Harbour Street; Kincardine
Avenue between Adelaide Street and Park Street; the west valley slope east
of Victoria Street between Lambton Street (extension) and Russell Street;
the valley with the tributary of the North Penetangore River between River
Lane north to the former Town of Kincardine limits; and, the west valley
slope adjacent to the Kincardine and District High School.
To augment the Natural Environment designation policies in this plan and
to recognize the slope instability problems in the Municipality, two
Development Constraint Areas have been established.
- Development Constraint Area 1
A major project was completed by the Municipality and the Saugeen Valley
Conservation Authority in the area of Queen and Harbour Street to improve
slope stability for the existing development. The Penetangore River Slope
Stability and Erosion Control Project is designed to reduce the slope hazard
but does not completely remove the threat of soil instability. Therefore, the
Development Constraint Area shall continue to apply to the Queen St. -
Harbour St. downtown area. New development and redevelopment must
still address possible soil instability while also ensuring the project is not
compromised.
- Development Constraint Area 2
Development Constraint Area 2 applies to the ancient glacial Lake Algonquin
bluff west of Penetangore Row and Huron Terrace. New development and
redevelopment should be designed to address site specific slope hazards
found in this area.
- Permitted Uses
The Development Constraint Area designation is an overlay designation
designed to recognize the potential for slope stability problems.
Development within this designation will be permitted in accordance with
the underlay designation subject to the policies in Section D7.10.
- Policies for Development Constraint Areas
a)
New development or redevelopment shall not be permitted where the
Municipality or the Saugeen Valley Conservation Authority are of the
opinion that any aspect of an existing slope stability project, including
the Penetangore River Slope Stability and Erosion Control Project,
could be compromised.
b)
Studies may be required, such as geotechnical reports, prepared at
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the proponent's expense, to address potential slope or soil instability
concerns. Such studies shall be prepared by a professional engineer
and to the satisfaction of the Municipality and the SVCA.
c)
The areas within the Development Constraint Areas 1 and 2 shall be
zoned with a Special Zoning Provision that requires both the
Municipality and SVCA to be satisfied through their approval of plans
or otherwise that the potential slope and soil instability problems
have been adequately addressed. The objective of this zoning
approach is to ensure that adequate measures have been
undertaken to mitigate potential slope and soil instability problems.
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D8
SHORELINE DEVELOPMENT
D8.1
GOAL
To promote the establishment of a resort community that will satisfy, to
some degree, the Provincial and local demand for recreational development
and encourage an orderly and efficient pattern of land use in the Lakeshore
Area as identified on Schedules A-3 and A-4 of this Plan.
To provide the amenities and features associated with a resort community
including public open space areas and recreational facilities, natural
environmental features and commercial services.
To recognize and preserve the historic character of Inverhuron.
To establish a basis of permitting the development and redevelopment of
the area as a permanent residential settlement on the basis of full municipal
services or otherwise as may be appropriate.
D8.2
OBJECTIVES
a)
To formulate policies and development standards designed to
achieve orderly, compatible and attractive development.
b)
To ensure that permanent residential development is located in areas
where appropriate municipal services are provided.
c)
To protect those undeveloped shoreline areas for future public
recreation and open space.
d)
To ensure the maintenance of the Shoreline Area and Inverhuron as
residential, resort and cottaging area.
e)
To develop an efficient pedestrian and vehicular circulation system,
parking and to upgrade the road standards for the Plan area.
f)
To discourage large traffic volumes within the residential portions of
the Plan area and to beaches.
g)
To recognize areas having limited municipal services and prevent the
need to extend services to these areas to address environmental or
health problems.
h)
To plan for full sewer and water services for these areas.
i)
To maintain and improve public access to the shoreline.
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D8.3
PERMITTED USES
The permitted uses in the Shoreline Development designation include
permanent and seasonal dwellings, resort commercial uses, convenience
commercial uses, institutional uses serving the immediate community such
as schools and places of worship, marinas, public parks, campground and
other outdoor recreational uses and natural heritage features. Child care
centres may also be permitted, as well as home-based child care and
unlicensed child care in legally existing single-detached and semi-detached
dwellings. Existing agricultural uses will also be permitted.
D8.4
GENERAL DEVELOPMENT POLICIES
D8.4.1
Development in this area shall only proceed when a complete and
comprehensive evaluation of a development proposal has taken place. The
designation of land as Shoreline Development is no assurance that any
given land is suitable for development. New developments proposed within
this designation shall be reviewed using a cautionary approach, with
attention being given in particular to the impacts of new developments on
the natural features and ecological functions of the natural environment.
New development proposals within this designation shall be assessed on
their own merits and should site conditions be unable to support sound,
planned development, new proposals may be refused.
D8.4.2
Future development will generally occur on public roads built to Municipal
standards. Services such as school bussing, garbage collection and snow
ploughing will not be provided to development on existing private roads.
D8.4.3
The Council will encourage the acquisition of points of public access and
public open space areas along the Lake Huron shoreline where such
become available, for the purposes of developing water oriented public
recreation areas.
D8.4.4
The Lake Huron lakeshore and beach areas will be retained in its natural
state where possible and the Council will take measures to prohibit vehicular
access to the lakeshore.
D8.4.5
All new development which is not along the waterfront must attempt to
provide or service access to the waterfront for its residents either through
easements or special agreements with waterfront owners for access; or
through linkages of the internal pedestrian movement system with existing
public rights-of-way and access points. The Municipality will encourage the
provision of access through open space corridors to the lake, where ever
possible.
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D8.4.6
Development will not be permitted where such development would result in
surrounding lands becoming landlocked or where the opportunity for the
provision of appropriate road access to adjacent lands is not maintained.
D8.4.7
Development shall not be located in areas which have a significant natural
habitat(s) or features, or where sites of historical, geological or
archaeological significance would be adversely affected, or where there is
a flooding, erosion and
/ or dynamic beach hazard.
D8.4.8
Mobile homes will not be permitted, except where the use is required for the
temporary housing of workers.
D8.4.9
It is the intention of Council to control future development so as to ensure
that growth occurs in a logical and progressive manner from the built-up
area to facilitate a continuity and efficient utilization of road and services. In
this regard, new development will be discouraged where services such as
roads, water and sewage lines must be extended through vacant or
undeveloped parcels of land unless the appropriate agreements are in place
to enable the intervening lands to utilize those services.
D8.4.10
Written permission may be required from the Saugeen Valley Conservation
Authority
pursuant
to
Ontario
Regulation
169/06-
Development,
Interference with Wetlands and Alterations to Shorelines and Watercourses
where development or site grading is proposed within a Regulated Area as
shown on schedules filed with the SVCA where such mapping exists or
otherwise generally identified on Schedule 'B' of this Plan.
D8.5
SHORELINE RESIDENTIAL USES
D8.5.1
Permitted Uses
The predominant use of land designated Shoreline Development shall be
for detached residential dwellings occupied on a permanent or seasonal
basis. In addition, other complimentary and compatible uses such as local
parks, public utilities, convenience retail uses, limited resort commercial
uses, bed and breakfast establishments, and existing non-intensive
agricultural uses, will also be permitted. The construction of permanent
homes and the conversion of cottages from seasonal to permanent use
shall only be permitted where current servicing standards are met.
Additional residential units (ARU) may also be permitted, subject to the
D1.4.19 SECONDARY RESIDENTIAL UNITS policies in this Plan.
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D8.5.2
Policies
D8.5.2.1
New Development
New development will generally take place by registered plan(s) of
subdivision or condominium. Consents for new lots may be permitted for
infilling or minor extensions to the built-up area.
Lineal subdivision development will be discouraged and preference will be
given to subdivisions which utilize a cluster design and orient public space
to the lakeshore.
When reviewing proposals for new residential development the approval
authority shall review the proposal in the context of the growth targets
outlined in Section B1.4 and the housing targets outlined in Section D1.4.
Depending upon the scale and intensity of a proposed new development,
the Municipality may require the completion of an Environmental Impact
Study in accordance with the criteria outlined in this Plan, and may also
require additional supporting information, to assess the impacts of the
proposal on the natural environment and ensure that the protection of
significant environmental feature.
D8.5.2.2
Development and Servicing Standards
Any development in excess of three units or lots shall be supported by a
servicing options report outlining the most appropriate form of servicing for
the development in accordance with Section E of this Plan.
Storm drainage shall be considered in all development applications and will
be required to comply with the standards of the SVCA.
In order to avoid causing undue hardship on those existing lots which were
created in the past on private substandard roads, it is the policy of this Plan
that such lots may be zoned to permit the construction of a residential
dwelling where there is no desire by the residents to see the roads taken
over by the Municipality, or where the Municipality is not interested in
assuming the road subject to:
a)
a minimum lot area of 1,000 m2 (10,764 sq. ft.) and a minimum lot
frontage of 15 m (50 ft.);
b)
satisfactory arrangements being made for the provision of
emergency vehicle access to the lots;
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c)
any necessary arrangements including a registerable agreement
being entered into between the owner and the municipality regarding
the provision of municipal services to the lot; and,
d)
any other applicable policies contained in this
plan. On site servicing costs will be borne by the
developer.
D8.5.2.3 Density for Shoreline Residential Uses
a)
Lots Serviced by Full Municipal Services or Communal Services
It is the policy of this Plan to require the residential portion of all
subdivisions, condominiums or multi-unit/multi-lot developments that
will be serviced by full municipal services or communal services to
have a density target of no less than 15 'dwelling units' per 'gross
developable hectare', in accordance with Section G2.3 of this Plan.
b)
Lots Serviced by Private Waste Disposal or Private Water
The minimum lot area for all new development shall be no less than
4,047 square metres per lot unless a smaller lot size is supported by
the required 'Hydrogeological Report' and 'Sewage Disposal
Suitability Report' as outlined in Section 'E' Municipal Services. In no
case shall lots for new development on partial services be less than
1,428 square metres in area.
An average lot frontage of 30 metres shall also be maintained. The
frontage to depth ratio shall be a maximum of 1:3.
c)
Lots on full private services
Construction of dwellings on existing lots of record (on either public
or private roads) is permitted with private services, in areas where full
municipal services or communal services are not available.
Connection to full services would be required in the event they are
made available in the future.
D8.5.2.4 Policies for Dwellings for Year Round Occupancy
Where residents choose to occupy dwellings on an extended seasonal or
permanent basis in areas where the Municipality does not presently provide
services such as snow removal, garbage collection, school bussing, fire
protection or policing on a year round basis they shall be required to
complete an agreement with the Municipality wherein the owners and
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inhabitants acknowledge the lack of such services and indemnify the
Municipality against any claims that may arise from the extended occupation
of the lands.
The construction of permanent homes and the conversion of cottages to
permanent use shall only be permitted:
a)
where the lot fronts on and has direct access or deeded access from
a travelled public road maintained on a year round basis;
b)
on full services, or
i)
where the type of sanitary disposal facilities, size of lot and
groundwater conditions are suitable for the year round
operation of an individual sewage disposal system, subject to
the approval of the Municipality and/or the Ministry of the
Environment. Where a large number of private sewage
systems exist in one area, a study of the capacity for
continued use should be undertaken to the satisfaction of the
approval authority.
ii)
on a water supply system which is suitable for operation on a
year round basis, subject to the approval of the Municipality
and/or the Ministry of the Environment,
c)
in areas where year round road maintenance, school bus service,
fire protection, garbage collection, and snowploughing during the
winter months is provided by the Municipality or other public body or
agency or where the owners have completed an agreement with the
Municipality acknowledging that these services may not be available
on a year round basis;
d)
where the subject residence meets the standards of both the Ontario
Building Code and the Municipality by-laws for permanent
residences;
D8.5.2.5
Parks and Landscaping
Where a plan of subdivision. condominium or consent includes lakefront
property, a continuous public water-front strip, up to 50 m wide measured
from the high water level or the lands defined as flood plain or hazard lands,
whichever is greater, should be conveyed to the municipality, together with
suitable public pedestrian access. Where these lands are not considered
environmentally sensitive such dedications may be considered as part or all
of the parkland dedication required under the provisions of the Planning Act.
On inland developments, walkways will be provided and designed so as to
link adjacent open space or other walkways leading to the lakeshore.
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The Municipality of Kincardine holds a marine allowance along the Lake
Huron shoreline which is available for public use. Because of fluctuations
in the high water mark, the marine allowance can be considered as part of
the above mentioned 50 m public waterfront strip. In making their
applications, development proponents will be required to retain and protect
natural features and as much tree cover as possible. In areas of significant
tree cover and not designated Natural Environment, a tree preservation plan
shall be required.
D8.5.2.6
Implementation
All residential land use categories shall be reflected in a separate category
in the implementing Restricted Area By-Law.
D8.5.2.7
Area Specific Policies
Woods (L-2021-011)
Notwithstanding the policies of Section G2.4 [Land Division Policies] of this
Plan, on the lands described as INVERHURON PARK N PT LOT 3 (Bruce
Twp), Municipality of Kincardine, and identified as OPA #2, a lot may be
created by infilling where the infill lot is between two existing dwellings and
the dwellings are more than 100 metres apart.
D8.6
COMMERCIAL USES
D8.6.1
Local Commercial Uses
Convenience retail uses or similar commercial uses which serve the day to
day needs of the residents of the Shoreline Area will be permitted subject to
re-zoning.
Local Commercial uses serving the daily needs of an adjacent Residential
neighbourhood, providing only convenience and personal service facilities,
including professional or personal services that are provided for gain and
where the retail sale of goods, wares, merchandise or articles is only
accessory to the provisions of such services, shall be permitted. Local
Commercial uses are not shown on the Land Use Plan.
D8.6.2
In reviewing an application to rezone for this purpose, the Council will ensure
that:
a)
the proposed use is needed and will primarily serve the
immediate neighbourhood.
b)
the neighbourhood which the proposal will serve is adequately
developed to sustain the commercial operation.
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c)
the proposed use will not generate a surplus of similar uses
in the neighbourhood.
d)
adequate off-street parking is provided.
e)
adequate buffering is provided between such a use and adjacent
residential areas by such means as landscaping and building
setbacks.
f)
the maximum gross retail floor space is limited to 185 m2.
D8.6.3
Resort Commercial Uses
Commercial uses may be permitted in the Shoreline Development area
subject to rezoning. Resort Commercial uses may only include a private
park, a lodge, a resort hotel, a cabin rental establishment, a marina and boat
rental facility or a restaurant. For the purposes of this section, a private park
does not mean a seasonal campground or a mobile home park. In reviewing
an application to rezone for this purpose, the Council will ensure that:
a)
the proposed use is of a scale and character compatible with
adjacent residential uses;
b)
an Environmental Impact Study is prepared In accordance with
Section D7.6 of this Plan), where applicable;
c)
large volumes of vehicular traffic from the proposed use will not be
incompatible with nearby residential uses;
d)
a servicing study is completed to the satisfaction of the Municipality
to demonstrate how the development will be serviced;
e)
adequate off-street parking is provided; and,
f)
that adequate buffering is provided between a resort commercial use
and adjacent residential areas by such means as screening,
landscaping and building setbacks.
g)
a Site Plan Agreement is entered into with the Municipality.
D8.6.4
The Zoning By-law will establish standards for resort commercial
developments may be permitted on the basis frontage on the water per unit
and a maximum density base on units per hectare where a unit is defined
as:
a)
a tent site
b)
a trailer site
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c)
a rental cabin or rental cottage
d)
a room or suite in a hotel, motel or lodge.
The Zoning By-law standards will reflect the character of the existing
development in the Municipality. Densities up to a maximum of two metres
frontage on the water body per unit and a maximum density that does not
exceed ten units per hectare, may be permitted through an amendment to
the zoning by-law subject.Shoreline developments that combine residential
and commercial uses, including fractional ownership, time share,
cooperatives, or condominiums shall meet frontage and density
requirements based on the proportion of the development used for
residential and commercial purposes.
D8.6.5
Implementation
All commercial land use categories shall be reflected in a separate category
in the implementing Zoning By-Law.
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D9
FUTURE DEVELOPMENT
D9.1
Areas designated as Future Development represent lands directly adjacent
to the Urban Service Area of Kincardine and within the designated Primary
Urban Community, and are most likely to form part of the urban area at
some time in the future. For this reason, development of these lands for
intensive agricultural uses or other uses that may preclude the orderly
expansion of the Kincardine urban area shall not be permitted in these
areas.
D9.2
Uses permitted in the Future Development designation shall include existing
uses as of the date of adoption of this Plan, low intensity agricultural uses in
compliance with the MDS formula and rural residential uses on existing lots.
Existing uses may be permitted to expand provided that the expansion does
not involve significant alteration to the landscape or major capital investment
in roads and services. New uses or major expansions to existing uses will
require an amendment to this Plan.
D9.3
Lands located in Lots 1, 2 and 3 in the Third Concession south of Durham
Road are recognized as having draft plan approval for 100 residential
mobile homes as of the date of approval of this Plan. Minor changes to the
form of housing and or alternative servicing options for this development
may be considered through an amendment to the zoning by-law.
D9.4
In the event that residential development occurs at a rate significantly higher
than that projected by this Plan, the Future Development lands north and
east of the lands presently designated Residential shall be re-designated to
accommodate future growth.
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E1
GOAL
SECTION "E"
MUNICIPAL SERVICES
Adequate and efficient systems of water supply, sanitary sewers, storm
drainage, emergency services and waste disposal will be provided to all
areas of development in the Municipality of Kincardine.
E2
OBJECTIVES
E2.1
Municipal sewage services and municipal water services are the preferred
form of servicing for all settlement areas. Intensification and redevelopment
within settlement areas on existing municipal sewage services and
municipal water services should be promoted wherever feasible.
E2.2
New development or redevelopment within the Kincardine, Tiverton and
Inverhuron Settlement areas identified on Schedule A shall only take place
on the basis of full municipal services, (i.e. municipal sanitary sewers,
municipal water, storm drainage and waste disposal).
E2.3
Premature development which would require the extension of existing
municipal services and create an economic burden on the Municipality of
Kincardine will not be approved.
E2.4
All prospective subdividers will enter into a subdivision agreement with the
Municipality, which incorporates conditions for servicing the development.
E2.5
The Municipality will prepare a 'Multi-Year Sewage and Water Servicing
Plan' and monitor its municipal services to ensure that future growth can be
accommodated.
E3
POLICIES
E3.1
A Multi-Year Sewage and Water Servicing Plan has been prepared (and will
be updated as applicable) to provide direction for: future extension or
expansion of services, and the implementation of this Plan. In some
instances existing uses that presently utilize private services may continue
to be serviced in that manner where physical conditions would make costs
to provide full municipal services prohibitive. This would apply to isolated
homes separated from main sewer lines by river valleys or long distances.
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E3.2
The Municipality may consider reduced servicing standards as new
servicing standards become accepted. Any developer proposing to use
such methods (e.g. natural percolation or shared services) must
demonstrate to Council and the Ministry of the Environment that these
alternative methods are acceptable in terms of environmental, health and
quality standards.
E3.3
In order to control flooding, ponding, erosion and sedimentation, and to
protect as much as possible aquatic habitat and water quality, appropriate
stormwater management techniques shall be required for plans of
subdivision, developments with more than five lots, developments with large
impervious areas or other developments as may be determined by the
Conservation Authority. Stormwater management plans and lot grading
plans, or similar types of plans, shall be provided by proponents to the
Municipality for approval, in consultation with the Saugeen Valley
Conservation Authority.
Stormwater management techniques are constantly evolving as well as
being dependent on the location. Thus new development will comply with the
stormwater management standards in general acceptance at the time a
development application is made, through consultation with the Municipality
and the Conservation Authority.
Such plans may be required for other development, as determined by the
municipality in consultation with the Conservation Authority, if the area has
existing drainage problems or if runoff could significantly affect adjacent
lands or water quality.
In accordance with Provincial guidance , both stormwater quality and
quantity treatment is required for those development proposals that are
subject to the stormwater management criteria outlined in this Plan in which
drainage is to outlet directly to Lake Huron.
E3.4
It shall be a policy of the Municipality that all new development,
redevelopment and infilling in the Kincardine, Tiverton and Inverhuron
Settlement areas and redevelopment shall be provided with full municipal
water supply and municipal sewage disposal services, to such standards as
may be required.
E3.4.1
Notwithstanding Policy E3.8, sanitary and water services for new
development, infill and redevelopment within the Shoreline designation as
identified on Schedule 'A' shall be provided based on the following hierarchy
of services:
a)
full municipal services;
b)
combination of municipal service and communal service (i.e.,
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municipal water + communal septic);
c)
partial services provided the policies of Sections E3.4.3 and E3.4.4 are
met;
d)
private communal services.
E3.4.2
Communal services shall be owned, operated and maintained by a
condominium corporation or through assumption of ownership, operation
and maintenance of the service by the Municipality.
E3.4.3
A 'Hydrogeological Report' evaluating the quantity and quality of water
available shall be submitted for all new development, infill or redevelopment
in the Shoreline designation that is not serviced by municipal water service
and includes a lot size less than 4,047 square metres.
A 'Sewage Disposal Suitability Report' evaluating the potential impact of
such disposal shall be prepared and submitted for all new development,
infill or redevelopment in the Shoreline designation that is not serviced by
municipal sewage services. The Report shall reference applicable
Provincial guidelines and standards.
E3.4.4
Partial services shall only be provided for 'infill' or the 'rounding out of
existing development' in the Shoreline designation.
'Infill' shall be defined as the development of lands between two existing
dwellings or an intersecting roadway on the same side of the road provided
that the dwellings are not more than 90 metres apart.
'Rounding out of existing development' shall be defined as new
development or redevelopment that will have one or more dwellings
constructed immediately adjacent to an existing developed area of five or
more existing dwellings that are all currently partially serviced.
E3.4.5
Private water supplies and sewage disposal systems may only be permitted
for existing lots and lots created by consent where connection to a municipal
service is not feasible or is financially prohibitive.
A municipal service shall be considered 'not feasible' when the 'end of the
municipal sewer or municipal water pipe' is more than 150 metres from the
closest
edge
of
the
proposed/existing
lot
or
sufficient
water
pressure/capacity or pumping capacity is not available at the end of the
service pipe.
A municipal service shall be considered 'financially prohibitive' when the
cost of construction and installation of the municipal sewer or municipal
water service exceeds three (3) times the cost of an equivalent individual
on-site system.
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E3.4.6
Development Agreements that provide for an equitable distribution of the
costs of future servicing will be a prerequisite of all development or
redevelopment not on full municipal services.
E3.4.7
All new lots developed or redeveloped on private services must be designed
for future connection to municipal water and sewage systems.
E3.5
The Municipality shall initiate a program to extend its water/sewage works to
areas within the Municipality which are on private services, except where
physical conditions would make costs prohibitive.
E3.6
Adequate reserve capacity in the Municipality's water/sewage works must
be demonstrated to be available to accommodate proposed development.
Limitations in the capacity or operating performance of the water/sewage
works shall be recognized as a constraint to the timing of new development.
E3.7
The Municipality shall pass by-laws and enter into agreements, including
financial arrangements, with property owners for the installation of municipal
services.
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F1
GOAL
SECTION "F"
TRANSPORTATION
A comprehensive, well-planned efficient transportation network will be
developed which provides for the safe movement of people and goods and
services to reduce travel time and provide a reasonable number of
alternative routes and methods.
F2
OBJECTIVES
F2.1
The Municipality shall plan for and protect corridors and rights-of-way for
vehicular transportation, transit and infrastructure facilities to meet current
and projected needs.
Land use decisions and all development proposals shall have regard to the
implications for the transportation network.
F2.2
The preservation and reuse of abandoned corridors for purposes that
maintain the corridor's integrity and continuous linear characteristics should
be encouraged, wherever feasible.
Channelization of through traffic to the appropriate major traffic routes will
be required.
F2.3
Transportation links to nearby industries and other centres within the
County and Province will be improved and encouraged in conjunction with
appropriate agencies.
F2.4
A pedestrian movement system, including sidewalks, walkways and trails
shall be encouraged.
F2.5
Major traffic hazards, such as poorly designed intersections, confusing road
signs and narrow roadways, will be eliminated as transportation
improvements are undertaken.
F2.6
The airport shall be protected from land uses that may impact its growth and
development.
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F3
CLASSIFICATION
Transportation will be by road, railway and water. Road transport is the
mode of transportation of greatest importance to the Municipality at present.
Roads are divided into four (4) major categories, including Provincial
Highways, Arterial, Collector and Local. Road categories are shown on
Schedule 'A' of this Plan.
F3.1
PROVINCIAL HIGHWAYS
Provincial Highways are under the jurisdiction of the Ministry of
Transportation. The role, function, and control of provincial highways is sole
responsibility of the Ministry of Transportation.
Highway #21 and Highway #9 are classified as controlled access highways
by the Ministry of Transportation, and as such no new private entrances to
the highway will be permitted, except in accordance with applicable
standards and approval requirements.
New public road entrances onto Provincial Highways will only be permitted
at locations acceptable to the Ministry of Transportation.
Any lands slated for new development will be encouraged to gain their
access from local roads and may be required to undertake a Traffic Impact
Study, prepared to the satisfaction of the Province.
F3.2
ARTERIAL
Arterial roads are designed to handle movement of traffic on as many as
four (4) traffic lanes within or through the Municipality and provide limited
access to abutting properties. All County Roads are considered arterial
roads. Where possible, arterial roads shall have a minimum right- of-way
width of 30 metres (100 feet). Sidewalks shall be provided on both sides of
Arterial roads.
F3.3
COLLECTOR
Collector roads are designed to collect and carry local traffic to the arterial
roads or distribute traffic to the local roads on two (2) or four (4) traffic lanes
and provide some access to abutting properties. Collector roads shall have
a minimum right-of-way width of 20 metres (66 feet). The precise location
of these roads will be determined in the subdivision process. Sidewalks
shall be provided on both sides of collector roads.
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F3.4
LOCAL
Local roads are designed primarily to provide access to abutting properties
and to discourage the movement of through traffic. Except in areas of
special development requiring reduced development standards, local roads
shall have a minimum right- of-way width of 20 metres (66 feet). Sidewalks
shall be provided on both sides of local roads.
F3.5
LAND ACQUISITION
As a condition of development or redevelopment, including land division,
condominium approval or site plan control, the approval authority may
require lands to be dedicated free of charge to the appropriate road
authority in order to achieve the planned right of way width. Generally road
widening acquired will be taken equally from both sides of the roads. Where
this is not possible, the land to be acquired from each side will not exceed
half the required width as measured from the centre line. Any additional
requirements will be acquired by other means
F4
POLICIES
F4.1
GENERAL
F4.1.1
Airport improvements will be continued by the Municipality, in co-operation
with the County of Bruce and other interested stakeholders as applicable.
Development that would impede the expansion of the airport shall not be
permitted. In order to permit the expansion of the airport no residential
development will be permitted within the 28 NEF contour associated with
the airport.
F4.1.2
Development of a high order transportation node north of Kincardine in the
vicinity of the existing airport, where air, water, rail and highway
transportation uses would converge will be encouraged.
F4.1.3
The development and improvement of water transportation facilities will be
encouraged.
F4.1.4
The Municipality, in co-operation with other agencies, shall seek to improve
pedestrian access to the lakeshore.
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F4.2
ROADS
F4.2.1
Direct access to roads will be restricted where it would be adversely
affecting the design capacity and function of the road. Vacant residential
lots created in a plan of subdivision or by Consent will be prohibited to front
on any arterial road or Provincial Highway. Shared access between
adjoining properties is encouraged. In addition, any new entrances within
300 metres of an intersection with a Provincial Highway will be prohibited.
F4.2.2
The Municipality will co-ordinate with other agencies, including the County
of Bruce and the Ministry of Transportation responsibilities for maintenance
and improvement of roads within the Municipality.
F4.2.3
Council, in conjunction with applicable police and Emergency Services staff,
shall identify major traffic hazards and work to eliminate these hazards on a
priority basis as funds become available.
F4.2.4
Highways 21 and 9 are under the jurisdiction of the Ministry of
Transportation. All development adjacent to this facility will require
building/land use, entrance and sign permits to be obtained prior to
construction being undertaken, and outdoor storage for commercial and
industrial uses shall be screened.
F4.2.5
Roads shall be located and designed to maximize safety and minimize
maintenance especially as it relates to snow and wind effects.
F4.3
PEDESTRIAN
F4.3.1
The Municipality will consider recreational trails as a public use and permit
them in all designations. New trails may be restricted by type of use or land
use.
F4.3.2
Pedestrian walkways will be developed to connect major Commercial,
Residential (including schools) and Open Space areas in a continuous
system to encourage active transportation through the development of safe
pedestrian and cycling routes. Winter maintenance will be considered for
multi-use pathways along routes that connect pedestrians to key
destinations. The form of trails may include hiking, canoe routes, biking,
skiing and snowmobile trails.
F4.3.3
Pedestrian access from the downtown to the harbour area will continue to
be improved, to stimulate the function of the harbour as focal point for the
downtown.
F4.3.4
In all new road construction, particularly bridges, consideration shall be
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made of the need for a separate pedestrian walkway. All new local roads
shall be constructed with sidewalks on one side of the street, with
consideration of sidewalks on both sides of the street in the vicinity of
schools to ensure the safety of pedestrians.
F4.3.5
The development of pedestrian walkways along the lakeshore and the
Penetangore River Valleys shall be encouraged.
F4.3.6
The Municipality will encourage a built environment that supports and
encourages active transportation while reducing automobile dependency.
An Active Transportation Master Plan and / or Cycling Master Plan shall be
prepared to further this initiative. Such a Plan should include identification
of fragmented sidewalk and trail connections, as well as a plan to improve
such areas.
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SECTION "G"
LAND DIVISION POLICIES
G1
PURPOSE
It is the intent and purpose of this Plan that by its adoption, the Municipal
Council adopts the following Land Division Policy. It is intended that these
policies will be adhered to by Council and any other agencies influencing
the creation of new lots within the Municipality.
G2
POLICIES
G2.1
Development shall be in accordance with the designated uses as shown on
the Land Use Plan (Schedule A) and the applicable policies of this Plan, and
the provisions of the Zoning By-Law.
G2.2
The division of land will take place in the following ways:
a)
By registered plan of subdivision; or
b)
By consent of the Land Division Committee for the conveyance of land
into smaller parcels.
G2.3
It is intended that most new lots will be created by the registered plan of
subdivision process, particularly in the development of new areas, and in
accordance with the following criteria:
a)
Plans of subdivision or condominium will be required for the creation
of new lots, where a parcel of land under single ownership has a
potential for more than five (5) lots and/or, where additional public
road(s) will be created. Creation of new lots by consent shall only
be considered where a plan of subdivision is deemed not to be
required by the Municipality.
b)
The residential portion of all subdivisions, condominiums or multi-
unit/multi-lot developments that will be serviced by full municipal
services or communal services to have a density target of no less
than 15 'dwelling units' per 'gross developable hectare', (6.1
dwelling units per gross developable acre). Approval may be grated
for developments that do not meet this density when justified and
appropriate. An applicant/developer requesting a reduced density
must provide a planning justification at the time of application.
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For the purposes of this Plan, 'Gross Developable hectare" shall
mean the total area of the proposed development minus the area of
any lands designated or zoned Natural Environment, Environmental
Protection or similar constraint in this Plan or the Comprehensive
Zoning By-law. When considering proposals with more than one land
use, the uses may be separated for determining applicable density.
c)
The residential portion of all subdivisions, condominiums or multi-
unit/multi-lot developments that can accommodate 10 or more
'dwelling units' that will be serviced by municipal sewer and water or
communal services to have a minimum of 30% of the proposed
'dwelling units' to be achieved through the use of 'medium density'
(or higher density where appropriate) 'dwelling units'.
Approval may be granted for developments with a reduced
percentage of 'medium density' when appropriate and justified. An
applicant/proponent/developer requesting a reduced percentage
must provide a planning justification at the time of application
d)
Council shall recommend the approval of a plan of subdivision only
if it is satisfied that the subdivision can be provided with adequate
utilities and standards as required by this Plan; and that the plan of
subdivision is not premature and will not adversely affect the financial
position of the Municipality, and is in the public interest.
e)
Proposals for approval of a plan of subdivision shall be prepared to
a standard acceptable to Council, and the subdivider shall enter into
such agreements with the Municipality as are required by this Plan.
f)
In any case where the land involved in an application for a plan of
subdivision or condominium is within, partly within or within 120
metres
of
areas
designated
Natural
Environment
and/or
Development Constraint, such application shall be accompanied by
an Environmental Impact Statement/Study, prepared to the
satisfaction of the Saugeen Valley Conservation Authority. Such
Statement/Study
shall
review
and
assess
the
impact/appropriateness of the proposed land use(s) on the Natural
Environment and/or Development Constraint, including the impact to
public safety and to property damage in accordance with the policies
of Sections C2 and D7.6 of this Plan.
g)
Consultation with other agencies and standing committees (including
the Municipal Heritage Committee) shall occur as necessary through
the review and approvals process, to assist in the identification of
properties of potential cultural heritage value and interest /
archaeological interest.
G2.4
If a registered Plan of Subdivision is not deemed necessary, consents
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may be granted subject to the following criteria:
a)
Consents for new lots will only be permitted where a parcel of land
under a single ownership has a potential of not more than five (5) lots
and there is no possibility of further land division of the lands.
b)
Consents will be granted in areas where the undue extension of any
major Municipal service will not be required.
c)
Consents shall be primarily used to infill existing developed areas.
Infilling means the development of lands between two existing
dwellings or an intersecting roadway on the same side of the road
provided that the dwellings are not more than 100 metres apart
d)
The size of any parcel of land created by consent shall be
appropriate for the use proposed and in no case will any parcel be
created or remain which does not conform to the provisions of the
Zoning By-Law.
e)
Both the severed and retained parcels shall have adequate frontage
and access onto a public road which is of a reasonable standard of
construction.
f)
Consents will not be granted for land adjacent to a road from which
access is to be obtained where a traffic hazard would be created
because of limited sight lines or curves or grades or proximity to an
intersection.
g)
Ribbon development along arterial roads shall be prevented and
direct access to arterial roads shall be restricted.
h)
The topography, soils and drainage of the site are satisfactory for the
lot size and uses proposed. This criteria should apply to the review
of subdivisions as well as consents.
i)
In any case where the land involved in the application is within, partly
within or within 120 metres of areas designated Natural Environment
and/or Development Constraint, such application shall be
accompanied by an Environmental Impact Statement/Study,
prepared to the satisfaction of the Saugeen Valley Conservation
Authority. Such Statement/Study shall review and assess the
impact/appropriateness of the proposed land use(s) on the Natural
Environment and/or Development Constraint, including the impact to
public safety and to property damage, in accordance with the policies
of Sections C2 and D7.6 of this Plan. This criteria should apply to the
review of subdivisions as well as consents.
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j)
Consents to be granted shall be conditional upon an agreement
being entered into with the Municipality, if required by the Council.
This criteria should apply to the review of subdivisions as well as
consents.
k)
In cases where the land involved is within the area identified in
subsection C1.3.7. Council shall, in consultation with the Ministry of
Natural Resources, ensure that the applicant has reviewed all
available information and identified any known abandoned oil, gas or
brine wells, and that any necessary corrective measures to eliminate
any hazard will be taken. In addition, Council will advise applicants
that should old brining wells or flow of water, especially salt water, be
encountered during the course of construction, the Petroleum
Resources Section, Southwest Region, Ministry of Natural
Resources, should be contacted. This criteria should apply to the
review of subdivisions as well as consents.
l)
As a condition of approval Council may require the dedication of
parkland or cash-in-lieu of parkland in accordance with Section D6.4
and road widenings in accordance with Section F3.5. This criteria
should apply to the review of subdivisions as well as consents.
m)
Consultation with other agencies and standing committees (including
the Municipal Heritage Committee) shall occur as necessary through
the review and approvals process, to assist in the identification of
properties of potential cultural heritage value and interest /
archaeological interest.
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SECTION "H"
IMPLEMENTATION
H1
ZONING BY-LAW
Following the adoption of this Plan, the existing Zoning By-Law shall be
reviewed and, if necessary, a new / updated By-Law shall be prepared and
passed by Council to establish:
a)
Suitable land use zones to permit the types of development intended
by this Plan;
b)
Site development standards appropriate to each type of development;
c)
Other development regulations, as required to meet the intent of this
Plan.
The Zoning By-Law is not intended to zone each area initially for the ultimate
use as designated by this Plan. Generally, lands will be zoned to reflect
existing uses and when conditions are deemed suitable for development in
accordance with the policies and land use designations of this Plan, they
will be rezoned in an appropriate category to permit the uses set forth in this
Plan. Where existing land uses are in conflict with this Plan, they may be
zoned in accordance with the land use designation in this Plan and rendered
legal non-conforming.
The Council and any planning related bodies having jurisdiction in the
Municipality, shall ensure conformity to the intent of this Plan in considering
applications to amend the Zoning By-Law.
H2
MINOR VARIANCES
Where an existing lot and/or an existing building or structure does not meet
the standards of the Zoning By-Law, the erection or expansion of a structure
will be permitted only upon application to, and with the approval of the
Committee of Adjustment, for a minor variance. In considering an
application, the Committee will have regard for the following matters in
addition to those matters outlined Section 45 of the Planning Act.
a)
It is not possible for the applicant to alter his/her building plans or to
acquire sufficient property to comply with the minimum requirements
without creating undue hardship.
b)
The side yards are of sufficient width to ensure that provision is made
for adequate light and air with respect to subject lot and adjoining lots
and to
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ensure that there is adequate space for service lines, building
maintenance, and emergency access.
c)
Adequate provision is made for vehicular access and off-street
parking on the lot.
d)
Building coverage does not preclude the provision of adequate
landscaped areas on the lot.
e)
The lot and building size and architectural character (bulk and height)
of the proposed structure are in keeping with adjacent development
and the general intent of the provisions of the Zoning By-law.
f)
The proposed structure is sited and/or designed in such a manner
that a reduction in the minimum lot width and area does not adversely
affect the amenity of the surrounding properties.
g)
The Municipal services available are sufficient to accommodate the
proposed use.
H3
NON-CONFORMING USES
H3.1
Legal non-conforming land uses are those uses which do not conform to the
Zoning By-Law or the Official Plan but which lawfully existed on the day of
the passing of the By-Law; or, those uses the plans for which were approved
by the Building Inspector prior to the date of passage of the Zoning By-law.
H3.2
As a general rule, non-conforming uses throughout the Municipality in the
long run, should cease to exist so that the land affected may revert to a use
which conforms with the intent of this Plan and the provisions of the
implementing Zoning By-Law. In special instances, however, it may be
desirable to permit the extension or enlargement of a non-conforming use
in order to avoid unnecessary hardship, providing the application conforms
with the policies of this Section.
H3.3
Where a legal use predating this Plan is not in conformity with the policies
of this Plan, Council may consider recognizing the use on a site specific
basis in the Zoning By-law where it is satisfied that:
a)
The use does not constitute a danger or a nuisance to neighbouring
uses by virtue of the activity it is engaged in or the traffic which it
generates or attracts;
b) The use will not detract from the future intended land uses for the
property or area; and
c)
The use is not located in a floodway or a flood fringe area.
Where an application is made to expand or extend a legal non-conforming
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use the application may be dealt with as a zone change or a minor variance.
Council may consider approval of the expansion of the legal non-conforming
use under the following conditions:
a)
The proposed expansion or extension shall not unduly aggravate
the situation created by the existence of the use;
b) The proposed expansion or extension shall be reasonable relative
to the same size of the existing use as it existed on the date of
passing of the Zoning By-law;
c)
Neighbouring conforming uses will be protected by appropriate site
plan control measures;
d) Traffic and parking conditions in the vicinity of the non-conforming
use will not be adversely affected by the expansion or extension;
e)
That water, sanitary and storm drainage services and roads are
adequate or will be made adequate; and,
f)
The proposed expansion or extension does not extend beyond the
original parcel of land, as it existed on the date of the passing of
the Zoning By-law.
H4
PROPERTY MAINTENANCE AND OCCUPANCY
STANDARDS BY-LAW
Council will continue using its Property Maintenance and Occupancy
Standards By-Law, which prescribes standards for the maintenance and
occupancy of all property within the Municipality of Kincardine. The
standards of the By-Law generally apply to health and safety aspects of all
properties. It prohibits the occupancy or use of property that does not
conform to the standards and causes property below the standards to be
repaired and maintained to comply with the standards or be cleared of all
buildings, structures, debris or refuse and left in a graded and level
condition.
The By-Law will continue to be enforced by an Enforcement Officer and a
Property Standards Committee will review orders issued by the Officer.
Where necessary, a By-Law will be passed in accordance with Section 32
of the Planning Act to provide for the making of grants or loans to registered
or assessed owners of land to pay for the whole or any part of the cost of
required repairs, cleaning, grading and levelling of lands or rehabilitating
contaminated lands on such terms and conditions as prescribed by Council.
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H5
SITE PLAN CONTROL
The intent of Site Plan Control generally is to improve the efficiency of land
use and servicing and to encourage a visually attractive built environment
for the Municipality of Kincardine.
Pursuant to Section 41 of the Planning Act, as amended from time to time,
the whole of the Municipality as shown on Schedule 'A' is designated a
proposed Site Plan Control area.
H5.1
While specific areas and uses where Site Plan Control will apply will be
designated by By-Law, it is intended that 'Residential Low Density' uses
which include single and semi-detached dwelling and group homes, will be
exempt. Home based business, Bed and Breakfast Establishments and
Garden Suites are not exempt from Site Plan Control. Such uses however,
may be subject to Site Plan Control in areas which exhibit physical and/or
environmental constraints (e.g. within the Natural Environment designation,
Development Constraint Area); or, for special development proposals
involving reduced development standards.
H5.2
The basic criteria to be used for reviewing development proposals are
contained in the relevant policies of this Plan. Through the application of
these polices the Municipality will seek to provide for development which,
without limiting the foregoing, will:
a)
be functional for the proposed use;
b)
be properly designed for on-site services and facilities;
c)
be safe for vehicle and pedestrian movements;
d)
provide compatibility of conceptual design between uses; and,
e)
minimize adverse effects on adjacent properties.
H5.3
The Municipality may, as a condition of granting approval for the
development or redevelopment of land or buildings, require the owner to
enter into a Site Plan Agreement regarding the provision, maintenance and
use of such facilities including the following matters:
a)
Widening of highways that abut on the land that is being developed
or redeveloped to provide the minimum road right-of-way widths
prescribed by this Plan. Generally road widening acquired through
site plan control will be taken equally from both sides of the roads.
Where this is not possible, the land to be acquired from each side
will not exceed half the required width as measured from the centre
line. Any additional requirements will be acquired by other means.
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b)
Subject to the Public Transportation and Highways Improvement Act,
facilities to provide access to and from the land such as access
ramps and curbs including the number, location and size of such
facilities and the direction of traffic thereon.
c)
Off-street vehicular and bicycle parking and loading areas and
access driveways including the surfacing of such areas and
driveways.
d)
Walkways and all other means of pedestrian access.
e)
Removal of snow from access ramps, driveways, parking areas and
walkways.
f)
Grading or change in elevation or contour of the land and the
disposal of storm, surface and waste water from the land and any
buildings or structures thereon.
g)
Conveyance to the Municipality, without cost, of easements required
for the construction, maintenance or improvement of any existing or
newly acquired watercourses, ditches, land drainage works and
sanitary sewerage facilities on the land.
h)
Floodlighting of the land or of any buildings or structures thereon.
i)
Walls, berms, fences, hedges, trees, shrubs or other suitable ground
cover to provide adequate landscaping of the land or protection to
adjoining lands.
j)
Vaults, central storage and collection areas and other facilities and
enclosures as may be required for the storage of garbage and other
waste material.
k)
Plans showing the location of all buildings and structures to be
erected on the land and the location of the other facilities required by
the By-Law.
l)
the massing and conceptual design of the proposed building;
m)
matters relating to exterior design, including without limitation the
character, scale, appearance and design features of buildings, and
their sustainable design, but only to the extent that it is a matter of
exterior design.
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H6
HERITAGE CONSERVATION
H6.2
Council may investigate and adopt other measures available for the
implementation of policies concerning the conservation of cultural heritage
resources. These may include:
a)
Legislation pursuant to The Municipal Act, more especially
tree
preservation,
sign
regulation
and
improvement
area
designation;
b)
The designation of demolition control areas affected by the
maintenance and occupancy by-law;
c)
Subdivision agreements requiring the retention or protection of
heritage resources;
d)
Site Plan Control agreements requiring the retention or protection
of heritage resources;
e)
Funding sources such as grants and loans to assist with conservation
efforts;
f)
Tax incentives for property owners of heritage buildings; and
g)
Enhanced property standards by-laws addressing heritage resources.
H7
PUBLIC WORKS
Future public works shall be undertaken in accordance with the policies
established by this Plan and no public works will be undertaken which would
be in conflict with the policies of this Plan.
H8
COMMUNITY IMPROVEMENTS
Future community improvement will be undertaken in accordance with the
policies established in this Plan in a manner consistent with Section C7.
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H9
AMENDMENT AND REVIEW OF THE PLAN
It is not intended that the policies and land use designations remain
unchanged, although one of the stated purposes of this Plan is to provide a
continuing and consistent guide for the future of the Municipality.
H9.1
AMENDMENT AND REVIEW
This Plan shall be subject to continuous review in light of changing
economic, social and technological circumstances. A comprehensive
review of the Plan will be undertaken every five (5) years, or more often, if
circumstances warrant, to ensure its continuing relevance.
Amendment to this Plan will be required when:
a)
A major change in the boundaries between land use districts occurs.
b)
A proposed land use is not specifically permitted within a particular
land use designation.
c)
A revision is considered to any definition or policy statement within
the text.
H9.2
TECHNICAL AMENDMENTS TO THE PLAN
Council shall not issue public notification under the Planning Act for
changes to the Official Plan which facilitate the following:
a) Changes made based on the policies related to Interpretation.
b) Change the numbers of sections or the order of sections in the Plan,
but does not add or delete sections;
c) Consolidate previously approved Official Plan Amendments in a
new document without altering any approved policies or maps;
d) Correct grammatical or typographical errors in the Plan which do not
affect the intent or affect the policies or maps; or,
e) Translate measurements to different units of measure; or change
reference to legislation; or changes to legislation where that
legislation has changed.
In all other instances, notification to the residents of the Municipality of
public meetings held by Council shall be given in accordance with the
requirements of the Planning Act.
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H10
SIGN CONTROL
It is intended that the Municipality will use legislation pursuant to the
Municipal Act governing signs to ensure that such uses are appropriately
regulated and controlled within the Municipality.
H11
HOLDING PROVISIONS
It is the intent of this Plan that the Municipality of Kincardine will make use
of the provision stated in Section 36 of the Planning Act, R.S.O. 1990,
whereby the Council may by by-law utilize a Holding Symbol "H" or "h" in
conjunction with a land use designation. The Municipality may designate in
the Zoning By-Law the ultimate use of specific lands, however it may hold
back the actual development to a future date, when certain conditions
regarding the specific development are met.
Incorporating a program utilizing Holding Zones provides the landowners
with a degree of certainty on what land uses will be permitted and allows the
municipality the opportunity to clearly state its intentions to have the lands
developed for such uses at an appropriate time in the future.
H11.1
Utilizing the Holding Zone allows the Municipality the opportunity to zone
certain lands for permitted uses but delay their development until such time
as conditions/standards appropriate for their development can be satisfied.
When the conditions / standards have been achieved, the "H" shall be
removed from the zoning placed on the lands.
H11.2
The "H" may be used to control or govern the phasing of development of land
until it is required or to prevent development pending the provision of water,
sewer, road or other similar municipal services or conditions as may be
appropriate.
H11.3
RESIDENTIAL
Within the Municipality of Kincardine, lands designated for residential
development, but not as yet fully developed for such purposes, may be
zoned in a Holding Zone pursuant to Section 36 of the Planning Act, R.S.O.
1990. Such a zone would only permit uses legally existing at the date of
such zoning until such time as the "H" is removed.
H11.3.1
Objectives
a)
To maintain an appropriate standard of development;
b)
To ensure an appropriate level of municipal services;
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c)
To stage development through comprehensive plans thereby
reducing scattered and uncoordinated development;
d)
To ensure that the residential areas of the Municipality are utilized in
an efficient and effective manner; and,
e)
To streamline the local residential development approval process.
H11.4
COMMERCIAL
Within the Municipality of Kincardine, lands which are designated for
commercial purposes, but not as yet developed for such purposes, may be
zoned in a Holding Zone pursuant to Section 36 of the Planning Act, R.S.O.
1990. Such a zone would only permit uses legally existing at the date of
such zoning until such time as the Holding provision is removed.
H11.4.1
Objectives
a)
To maintain the character of the existing commercial areas;
b)
To maintain a traditional pattern of development throughout the
commercial areas;
c)
To promote an appropriate standard of exterior design; and,
d)
To promote those activities which are supportive or neutral to
the maintenance and development of the commercial areas.
H11.5
INDUSTRIAL
Within the Municipality, lands which are designated for industrial purposes,
but as yet not developed for such purposes, may be designated in a Holding
Zone pursuant to the provisions of Section 36 of the Planning Act, R.S.O.
1990. Such a zone would only permit uses legally existing at the date of such
zoning until such time as the Holding provision is removed.
H11.5.1
Objectives
a)
To utilize municipal serves in the industrial areas where available
and practical and to encourage development to such areas;
b)
To stage development through comprehensive plans thereby
reducing scattered and uncoordinated development; and,
c)
To ensure that the industrial areas are utilized in an efficient and
effective manner.
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H11.6
DEVELOPMENT CONSTRAINT AREA
Within the Municipality, lands which are identified as being within the
Development Constraint Area, but not as yet developed, may be designated
in a Holding Zone pursuant to the provisions of Section 36 of the Planning
Act, R.S.O. 1990. Such a zone would only permit uses legally existing at the
date of such zoning until such time as the Holding provision is removed.
H11.6.1
Objectives
a)
To ensure that adequate measures are undertaken to mitigate
potential slope stability problems.
b)
To protect the Penetangore River Slope Stability and Erosion
Control Project.
H11.7
The same criteria for the removal of the Holding Provision applies
to the Residential, Commercial, Industrial, and Development
Constraint Area designations.
H12
PUBLIC CONSULTATION
It is a policy of the Municipality to encourage public involvement in all land
use decisions affected by this Plan. The Municipality will endeavour to
provide information to the general public on all planning matters and
proposals in a manner that is informative, understandable, timely and cost
effective:
a)
The Municipality will endeavour to make decisions on planning
applications as efficiently as possible and in accordance with the
general guidelines set out in the Planning Act.
b)
Those submitting applications for development approval are
encouraged to engage in pre-consultation with Municipality, County
and Conservation Authority staff prior to submitting an application. The
pre-consultation will determine which impact assessments, if any, will
be required. Applicants are encouraged to submit their impact
assessments with their planning application. Council may defer making
a decision on any planning application until such time as it is satisfied
that it has been provided with adequate information upon which to
make a decision.
c)
Where a planning or related matter under consideration by the
Municipality has a statutory requirement for public notice and input, the
Municipality may extend the minimum municipal requirements under
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the Planning Act and provide additional opportunities for public
participation where such matters are considered to be complex, have
significant or potentially significant adverse impacts, or where
significant public interest is generated.
d)
While the Planning Act requires at least one public meeting prior to any
amendment to the Official Plan or zoning by-law, Council may consider
holding as many information meetings or additional public meetings as
it deems appropriate so as to provide the public with a full opportunity
to express their views and concerns.
e)
The Municipality may establish and maintain a register of individuals,
interest groups and organizations and businesses, and agencies who
have indicated an interest in being kept informed on a regular basis of
planning matters and proposals, studies and activities in the
Municipality and will distribute such information to these persons or
bodies as it becomes available.
f)
Where a planning or related matter is under consideration by the
Municipality and there is no statutory requirement for public
participation under the Planning Act, the Municipality may provide
opportunities for public input prior to making a decision on the matter.
g)
In the preparation of a secondary plan, community improvement plan,
heritage conservation district plan, special study, five-year Official Plan
review or similar initiative, the Municipality may appoint an advisory
committee or task force of interested citizens and stakeholders as a
means of providing proactive, sustained and substantive input.
H13
OTHER INFORMATION TO BE SUBMITTED IN SUPPORT OF
A PLANNING APPLICATION
As per the requirements of the Planning Act, a person, public body or
applicant shall provide together with an amendment or application, in
addition to the information prescribed by the Planning Act, or Regulations
thereto, any additional required assessments, evaluations, reports,
statements, studies or plans as requested by the Province, County,
Municipality, or any agency at the sole discretion of the Municipality.
The specific submission requirements for any given application will be
determined depending on the phase and/or scale of the proposal, its
location, its location in relation to other land uses, and whether the proposal
implements other planning approvals that may have been previously
obtained, prior to consideration of the specific application.
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All assessments, evaluations, reports, statements, studies or plans shall be
prepared/conducted by an individual(s) who is competent by virtue of
training and experience to engage in practices that would also constitute
professional practice. Such qualifications may be submitted with the
assessments, evaluations, reports, statements, studies or plans.
The Terms of Reference for an assessment, evaluation, report, statement,
study or plan shall:
i.
Be determined through consultation and direction from the
Municipality and/or the County of Bruce and/or any relevant agency
including the appropriate Conservation Authority and/or the
Province; and,
ii. Be prepared in accordance with industry standards, norms, practices
and/or government guidelines/regulations.
Peer reviews of an assessment, evaluation, report, statement, study or plan
or any other study required to support a development application or proposal
may be required by the Municipality and/or the County of Bruce, at the cost
of the proponent.
Notwithstanding the required studies and assessments listed above,
Council may ask for any additional information that is considered
reasonable and necessary in order to make a decision on a planning
application.
H14
DENSITY BONUSING
Bonusing may be used by the Municipality in order to assist in the
development or redevelopment of key areas or sites, and may involve
increasing the height and/or density of a development or redevelopment in
exchange for community benefits.
H14.1
Regulations may be incorporated into the Zoning By-law to permit increases
in the height and/or density of a development or redevelopment where such
development or redevelopment would provide community benefits above
and beyond what would otherwise be required in accordance with the
Planning Act.
H14.2
Community benefits may include such measures as:
a)
energy and/or water conservation measures;
b)
incorporation of Transportation Demand Management (TDM)
strategies;
c)
land dedicated for any municipal purpose;
d)
non-profit arts, cultural or community or institutional facilities;
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e)
parkland and/or improvement to parks;
f)
protection, conservation, restoration and/or enhancement of
natural heritage features;
g)
public parking which allows for the more efficient use of land,
including parking structures, underground parking and shared
parking arrangements;
h)
renewable energy systems or alternative energy systems;
i)
the conservation and maintenance of protected cultural heritage
resources;
j)
the construction of buildings or the retrofit of existing building to
LEED standards or equivalent building rating system;
k)
the provision of affordable, special needs, assisted or subsidized
housing;
l)
the provision of indoor or outdoor amenity areas which are
accessible to and equipped for the use by the general public for
passive or active recreation or for public gatherings; n) the
provision of public art, representing at least 1 percent of the value
of construction of the development or redevelopment; or,
m)
the provision of dwelling units in the Downtown.
H14.3
Bonusing by-laws will only be considered where there is sufficient
infrastructure and capacity to accommodate the additional height and/ or
additional density of the development or redevelopment and that the
development is compatible and meets the other policies of this Plan.
H14.4
Prior to the enactment of a Zoning By-law to permit bonusing, the
Municipality will require the owner to enter into one or more legal
agreements to be registered on title against the lands to which it applies,
dealing with the amount of additional height and/or density and the provision
and timing of community benefits.
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GLOSSARY
Accessory: A land use that is supportive of and secondary to the primary use assigned to
a given designated property.
Active transportation: means human-powered travel, including but not limited to, walking,
cycling, inline skating and travel with the use of mobility aids, including motorized
wheelchairs and other power-assisted devices moving at a comparable speed.
Adjacent: means
for the purposes natural heritage resources, those lands contiguous to a specific natural
heritage feature or area where it is likely that development or site alteration would have
a negative impact on the feature or area. The extent of the adjacent lands may be
recommended by the Province or based on municipal approaches which achieve the
same objectives;
for the purposes of cultural heritage resources, those lands contiguous to a protected
heritage
Adverse Effects: As defined in the Environmental Protection Act, means one or more of:
a) Impairment of the quality of the natural environment for any use that can be made of
it;
b) Injury or damage to property or plant or animal life;
c) Harm or material discomfort to any person;
d) An adverse effect on the health of any person;
e) Impairment of the safety of any person;
f)
Rendering any property or plant or animal life unfit for human use;
g) Loss of enjoyment of normal use of property; and,
h) Interference with normal conduct of business.
Affordable: means
a) in the case of ownership housing, the least expensive of:
1. housing for which the purchase price results in annual accommodation costs
which do not exceed 30 percent of gross annual household income for low and
moderate income households; or
2. housing for which the purchase price is at least 10 percent below the average
purchase price of a resale unit in the regional market area;
b) in the case of rental housing, the least expensive of:
1. a unit for which the rent does not exceed 30 percent of gross annual household
income for low and moderate income households; or
2. a unit for which the rent is at or below the average market rent of a unit in the
regional market area
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For the purposes of this definition, low and moderate income means, (i) in the case of
ownership housing, households with incomes in the lowest 60% of the income
distribution for the regional market area; (ii) in the case of rental housing, households
with incomes in the lowest 60% of the income distribution for renter households for the
regional market area.
Archaeological resources: includes artifacts, archaeological sites, marine archaeological
sites, as defined under the Ontario Heritage Act. The identification and evaluation of such
resources are based upon archaeological fieldwork undertaken in accordance with the
Ontario Heritage Act.
Areas of natural and scientific interest (ANSI): means areas of land and water containing
natural landscapes or features that have been identified as having life science or earth
science values related to protection, scientific study or education.
Bed and Breakfast Establishment: A single-detached residential dwelling, not containing
a secondary unit or garden suite, with no greater than four guest rooms which provide
short-stay overnight accommodation for the travelling or vacationing public. A bed and
breakfast establishment does not include a hotel, motel, group home, lodging house, or
restaurant.
Brownfield site: An undeveloped or previously developed parcel or site that may be
contaminated. Brownfields are usually, but not exclusively, former industrial or
commercial properties that may be underutilized, derelict or vacant.
Built Heritage Resource: means a building, structure, monument, installation or any
manufactured or constructed part or remnant that contributes to a property's cultural
heritage value or interest as identified by a community, including an Indigenous
community. Built heritage resources are located on property that may be designated
under Parts IV or V of the Ontario Heritage Act, or that may included on local, provincial
federal and /or international registers.
Conserve/Conservation: In regard to cultural heritage resources, the identification,
protection, use and/or management in such a way that ensures their cultural heritage
value or interest is retained. This may be achieved by the implementation of
recommendations set out in a conservation plan, archaeological assessment, and/or
heritage impact assessment that has been approved, accepted or adopted by the relevant
planning authority or decision maker.
Contiguous: Lands that are situated in sufficiently close proximity such that development
or site alteration could reasonably be expected to produce one or more of the following
impacts: alterations to existing hydrological or hydrogeological regimes; clearing of
existing vegetation; erosion and sedimentation; or producing a substantial disruption of
existing natural linkages or the habitat of a significant species.
Cultural Heritage Landscape: a defined geographical area that may have been modified
by human activity and is identified as having cultural heritage value or interest by a
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community, including an Indigenous community. The area may include features such as
buildings, structures, spaces, views, archaeological sites or natural elements that are
valued together for their interrelationship, meaning or association. Cultural heritage
landscapes may be properties that have been determined to have cultural heritage value
or interest under the Ontario Heritage Act, or have been included on federal and/or
international registers, and/or protected through official plan, zoning by-law, or other land
use planning mechanisms.
Cultural Heritage Resources: Built Heritage Resources, Cultural Heritage Landscapes,
and Archaeological Resources or Areas of Archaeological Potential, which include but are
not limited to:
-
Buildings;
-
Structures;
-
Monuments;
-
Cemeteries;
-
Scenic roads;
-
Vistas/viewsheds;
-
Culturally significant natural features;
-
Movable objects; and,
-
Cultural traditions.
Development: The creation of a new lot, a change in land use, or the construction of
buildings and structures, requiring approval under the Planning Act. Development does
not include:
a) activities
that
create
or
maintain
infrastructure
authorized
under
an
environmental assessment process;
b) works subject to the Drainage Act.
Drinking water threat: means an activity or condition that adversely affects or has the
potential to adversely affect the quality or quantity of any water that is or may be used as
a source of drinking water, and includes an activity or condition that is prescribed by
regulation as a drinking water threat.
Ecological Function: The natural processes, products or services that living and non-living
environments provide or perform within or among species, ecosystems and landscapes,
including hydrologic functions and biological, physical, chemical and socio-economic
interactions.
Employment area: means those areas designated in an official plan for clusters of
business and economic activities including, but not limited to, manufacturing,
warehousing, offices, and associated retail and ancillary facilities.
Endangered Species: A species that is classified as "Endangered Species" on the
Species at Risk list, as updated and amended from time to time.
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Environmental Assessment: A process for the authorization of an undertaking under
legislation such as the Environmental Assessment Act, and the Ontario Energy Board
Act.
Environmental Impact Study: A study prepared in accordance with established
procedures to identify and/or refine the boundaries of elements of the Natural System,
identify the potential impacts of proposed development or site alteration on such
elements, and recommend a means of preventing or minimizing these impacts through
avoidance or mitigation and a means to enhance or restore the Natural System.
Environmentally Significant Discharge Areas: Lands where groundwater discharges to the
surface of the soil or to surface water bodies to sustain wetlands, fisheries, or other
specialized natural habitats.
Environmentally Significant Recharge Areas: Lands where water infiltrates into the
ground to replenish an aquifer that sustains, in full or in part, natural features.
Erosion Hazard: The loss of land, due to human or natural processes, that poses a threat
to life and property. The erosion hazard limit is determined using considerations that
include the 100-year erosion rate (the average annual rate of recession extended over a
one hundred year time span), an allowance for slope stability, and an erosion/erosion
access allowance.
Fish: means fish, which as defined in the Fisheries Act, includes fish, shellfish,
crustaceans, and marine animals, at all stages of their life cycles.
Fish habitat: as defined in the Fisheries Act, means spawning grounds and any other
areas, including nursery, rearing, food supply, and migration areas on which fish depend
directly or indirectly in order to carry out their life processes.
Flood Fringe: For watercourses and small inland lake systems, the outer portion of the
floodplain between the floodway and the limit of the flooding hazard. Depths and velocities
of flooding are generally less severe in the flood fringe than those experienced in the
floodway.
Floodplain: For watercourses and small inland lake systems, the area, usually low lands
adjoining a watercourse, which has been or may be subject to flooding hazards.
Flooding Hazard: The inundation of areas adjacent to the Lake Huron shoreline,
watercourses and small inland lake systems not ordinarily covered by water. The flooding
hazard limit is the greater of: (a) the flood resulting from the rainfall actually experienced
during a major storm such as the Hurricane Hazel storm (1954) or the Timmins storm
(1961), transposed over a specific watershed and combined with the local conditions,
where evidence suggests that the storm event could have potentially occurred over
watersheds in the general area; (b) the 100 year flood; and (c) a flood which is greater
than (a) or (b) which was actually experienced in a particular watershed or portion thereof
as a result of ice jams and which has been approved as the standard for that specific area
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by the Province; except where the use of the 100 year flood or the actually experienced
event has been approved by the Province as the standard for a specific watershed (where
the past history of flooding supports the lowering of the standard). For the Lake Huron
shoreline, the flooding hazard limit is based on the one hundred year flood level plus an
allowance for wave uprush and other water-related hazards.
Floodproofing and Flood Damage Reduction Measures: Refers to a combination of
structural changes and/or adjustments incorporated into the design and/or construction
of buildings, structures or properties for the purpose of reducing flood damages.
Floodway: For watercourses and small inland lake systems, the portion of the floodplain
where development and site alteration would cause a danger to public health and safety
or property damage. Where the One Zone concept is applied, the floodway is the entire
contiguous floodplain. Where the Two Zone concept is applied, the floodway is the
contiguous inner portion of the floodplain, representing that area required for the safe
passage of flood flow and/or that area where flood depths and/or velocities are considered
to be such that they pose a potential threat to life and/or property damage. Where the
Two Zone concept applies, the outer portion of the floodplain is the flood fringe. In all
cases, the floodway includes areas of inundation that contain high points of land not
subject to flooding.
Groundwater feature: means water-related features in the earth's subsurface, including
recharge/discharge areas, water tables, aquifers and unsaturated zones that can be
defined by surface and subsurface hydrogeologic investigations.
Gross developable hectare: Shall mean the total area of the proposed development minus
the area of any lands designated or zoned Environmental Protection, Hazard, Natural
Environment, Natural Hazard, or similar constraint in the County of Bruce Official Plan,
Municipality of Kincardine Official Plan or Comprehensive Zoning By-law. When
considering proposals with more than one land use, the uses may be separated for
determining applicable density.
Hazard Lands: Property or lands that could be unsafe for development due to naturally
occurring processes. Along the shorelines of the Great Lakes- St. Lawrence River
System, this means the land, including that covered by water, between the international
boundary, where applicable, and the furthest landward limit of the flooding hazard, erosion
hazard or dynamic beach hazard limits. Along the shorelines of large inland lakes, this
means the land, including that covered by water, between a defined offshore distance or
depth and the furthest landward limit of the flooding hazard, erosion hazard or dynamic
beach hazard limit. Along river, stream and small inland lake systems, this means the
land, including that covered by water, to the furthest landward limit of the flooding hazard
or erosion hazard limits.
Hazardous Site: Means property or lands that could be unsafe for development and site
alteration due to naturally occurring hazards. These may include unstable soils (sensitive
marine clays [leda], organic soils) or unstable bedrock (karst topography).
Hazardous Waste: Waste that requires special precautions in its storage, handling,
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collection, transportation, treatment or disposal, to prevent damage to persons, property
or the environment and includes explosives, flammable, volatile, radioactive, toxic, and
pathological waste.
Heritage Impact Assessment: A study to determine if cultural heritage resources will be
negatively impacted by a proposed development and/or site alteration. It can also
demonstrate how the cultural heritage resource will be conserved in the context of
development or site alteration.
Mitigative or avoidance measures or alternative development approaches may also be
recommended.
Home Business: Means the use of a part of a dwelling unit for a service or profession by
at least one of the permanent residents of such dwelling unit and which is clearly
secondary to the main use of the dwelling unit.
Housing options: means a range of housing types such as, but not limited to single-
detached, semi-detached, rowhouses, townhouses, stacked townhouses, multiplexes,
additional residential units, tiny homes, multi-residential buildings and uses such as, but
not limited to life lease housing, coownership housing, co-operative housing, community
land trusts, affordable housing, housing for people with special needs, and housing related
to employment, institutional or educational uses.
Hydrologic Function: The functions of the hydrological cycle that include the occurrence,
circulation, distribution and chemical and physical properties of water on the surface of
the land, in the soil and underlying rocks, and in the atmosphere, and water's interaction
with the environment including its relation to living things.
Individual on-site sewage services: means sewage systems, as defined in O. Reg. 332/12
under the Building Code Act, 1992, that are owned, operated and managed by the owner
of the property upon which the system is located.
Individual on-site water services: means individual, autonomous water supply systems
that are owned, operated and managed by the owner of the property upon which the
system is located.
Infrastructure: means physical structures (facilities and corridors) that form the foundation
for development. Infrastructure includes: sewage and water systems, septage treatment
systems, stormwater management systems, waste management systems, electricity
generation
facilities,
electricity
transmission
and
distribution
systems,
communications/telecommunications, transit and transportation corridors and facilities, oil
and gas pipelines and associated facilities.
Institutional, Major: means uses that serve a broader regional community, including
educational facilities (i.e. a secondary school), health care facility (i.e. a hospital) and other
similar large-scaled institutional uses.
Institutional, Small Scale: means those institutional uses that are generally compatible
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with residential land uses, such as elementary schools.
Intensification: means the development of a property, site or area at a higher density than
currently exists through:
a) redevelopment, including the reuse of brownfield sites;
b) the development of vacant and/or underutilized lots within previously developed areas;
c) infill development; and
d) the expansion or conversion of existing buildings.
Linkages: Areas that connect natural features along which plants and animals can
propagate, genetic interchange can occur, populations can move in response to
environmental changes and life-cycle requirements, and species can be replenished from
other natural features. Linkages can also include those areas currently performing, or with
the potential to perform, through restoration, linkage functions. Although linkages help to
maintain and improve natural features, they can also serve as important natural features
in their own right.
Major facilities: means facilities which may require separation from sensitive land uses,
including but not limited to airports, manufacturing uses, transportation infrastructure and
corridors, rail facilities, marine facilities, sewage treatment facilities, waste management
systems, oil and gas pipelines, industries, energy generation facilities and transmission
systems, and resource extraction activities.
Municipal sewage services: means a sewage works within the meaning of section 1 of the
Ontario Water Resources Act that is owned or operated by the Municipality.
Municipal water services: means a municipal drinking-water system within the meaning of
section 2 of the Safe Drinking Water Act, 2002.
Natural heritage features and areas: means features and areas, including significant
wetlands, significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and
7E, fish habitat, significant woodlands and significant valleylands in Ecoregions 6E and
7E (excluding islands in Lake Huron and the St. Marys River), habitat of endangered
species and threatened species, significant wildlife habitat, and significant areas of
natural and scientific interest, which are important for their environmental and social
values as a legacy of the natural landscapes of an area.
Natural heritage system: means a system made up of natural heritage features and areas,
and linkages intended to provide connectivity (at the regional or site level) and support
natural processes which are necessary to maintain biological and geological diversity,
natural functions, viable populations of indigenous species, and ecosystems. These
systems can include natural heritage features and areas, federal and provincial parks and
conservation reserves, other natural heritage features, lands that have been restored or
have the potential to be restored to a natural state, areas that support hydrologic
functions, and working landscapes that enable ecological functions to continue. The
Province has a recommended approach for identifying natural heritage systems, but
municipal approaches that achieve or exceed the same objective may also be used.
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Negative impacts: means
a) degradation to the quality and quantity of water, sensitive surface water features
and sensitive ground water features, and their related hydrologic functions, due to
single, multiple or successive development or site alteration activities;
b) in regard to fish habitat, any permanent alteration to, or destruction of fish habitat,
except where, in conjunction with the appropriate authorities, it has been authorized
under the Fisheries Act; and
c) in regard to other natural heritage features and areas, degradation that threatens
the health and integrity of the natural features or ecological functions for which an
area is identified due to single, multiple or successive development or site alteration
activities.
One hundred year flood: for river, stream and small inland lake systems, means that flood,
based on an analysis of precipitation, snow melt, or a combination thereof, having a return
period of 100 years on average, or having a 1% chance of occurring or being exceeded
in any given year.
One hundred year flood level: means
a. for the shorelines of the Great Lakes, the peak instantaneous stillwater level,
resulting from combinations of mean monthly lake levels and wind setups, which
has a 1% chance of being equalled or exceeded in any given year;
b. in the connecting channels (St. Mary's, St. Clair, Detroit, Niagara and St. Lawrence
Rivers), the peak instantaneous stillwater level which has a 1% chance of being
equalled or exceeded in any given year; and
c. for large inland lakes, lake levels and wind setups that have a 1% chance of being
equalled or exceeded in any given year, except that, where sufficient water level
records do not exist, the one hundred year flood level is based on the highest known
water level and wind setups.
Other water-related hazards: means water-associated phenomena other than flooding
hazards and wave uprush which act on shorelines. This includes, but is not limited to ship-
generated waves, ice piling and ice jamming.
Partial services: means
a) municipal sewage services or private communal sewage services combined with
individual on-site water services; or
b) municipal water services or private communal water services combined with
individual on-site sewage services.
Private communal sewage services: means a sewage works within the meaning of section
1 of the Ontario Water Resources Act that serves six or more lots or private residences
and is not owned by the Municipality.
Private communal water services: means a non-municipal drinking-water system within
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the meaning of section 2 of the Safe Drinking Water Act, 2002 that serves six or more lots
or private residences.
Public service facilities: means land, buildings and structures for the provision of
programs and services provided or subsidized by a government or other body, such as
social assistance, recreation, police and fire protection, health and educational programs,
long-term care services, and cultural services. Public service facilities do not include
infrastructure. (PPS, 2020)
Redevelopment: means the creation of new units, uses or lots on previously developed
land in existing communities, including brownfield sites.
Regional Recharge Area: A large natural feature where considerable deposits of sand and
gravel allow for the infiltration of large quantities of rainfall and snowmelt deep into the
ground. Regional Recharge Areas serve two important functions. From an environmental
perspective, groundwater discharge from the shallow aquifers located within Regional
Recharge Areas sustains a wide range of aquatic habitats and ecosystems. This
groundwater discharge also provides a high percentage of the baseflow to surrounding
rivers and cold-water streams and therefore is critical to maintaining the health the Region
and downstream communities. The second function of Regional Recharge Areas is to
replenish deep underground aquifers that serve as a source for a significant share of the
municipal drinking-water supply.
Regulatory Flood: The inundation under a flood resulting from the rainfall experienced
during the Hurricane Hazel storm (1954) or the 100-year flood, wherever it is greater, the
limits of which define the flooding hazard.
Section 59 Notice: refers to the requirements under Section 59 of the Clean Water Act,
which requires issuance of a notice from the Township's Risk Management Official before
permitting an activity that is considered a restricted land use as identified in the Source
Protection Plans.
Sensitive land uses: means buildings, amenity areas, or outdoor spaces where routine or
normal activities occurring at reasonably expected times would experience one or more
adverse effects from contaminant discharges generated by a nearby major facility.
Sensitive land uses may be a part of the natural or built environment. Examples may
include, but are not limited to: residences, child care centres, and educational and health
facilities.
Sewage and water services: includes municipal sewage services and municipal water
services, private communal sewage services and private communal water services,
individual on-site sewage services and individual on-site water services, and partial
services.
Significant:
a) In regard to wetlands, coastal wetlands and areas of natural and scientific interest,
an area identified as provincially significant by the Ontario Ministry of Natural
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Resources and Forestry using evaluation procedures established by the Province,
as amended from time to time;
b) In regard to woodlands, an area which is ecologically important in terms of features
such as species composition, age of trees and stand history; functionally important
due to its contribution to the broader landscape because of its location, size (greater
than 4 ha) or due to the amount of forest cover in the planning area; or economically
important due to the site quality, species composition, or past management history.
These are to be identified using criteria established by the Ontario Ministry of
Natural Resources and Forestry;
c) In regard to other natural heritage features, ecologically important in terms of
features, functions, representation or amount, and contributing to the quality and
diversity of an identifiable geographic area or natural heritage system;
d) In regard to cultural heritage and archaeology, resources that have been
determined to have cultural heritage value or interest. Processes and criteria for
determining cultural heritage value or interest are established by the Province under
the authority of the Ontario Heritage Act.
Criteria for determining significance for the resources identified in sections (c) - (d) are
recommended by the Province, but municipal approaches that achieve or exceed the
same objective may be used.
While some significant resources may already be identified and inventoried by official
sources, the significance of others can only be determined after evaluation.
Significant drinking water threat: means a drinking water threat that, according to a risk
assessment, poses or has the potential to pose a significant risk (Source: Clean Water
Act)
Site Alteration: Means activities, such as grading, excavation and the placement of fill that
would change the landform and natural vegetative characteristics of a site.
Site Plan: A plan prepared under Section 41 of the Planning Act, which details building
location and design as well as other site specific considerations such as walkways,
landscaping, lighting and storage areas.
Surface Water: Water-related features on the earth's surface, including headwaters,
rivers, stream channels, inland lakes, seepage areas, recharge/discharge areas, springs,
wetlands, and associated riparian lands that can be defined by their soil moisture, soil
type, vegetation or topographic characteristics.
Threatened species: means a species that is classified as "Threatened Species" on the
Species at Risk in Ontario List, as updated and amended from time to time.
Vulnerable: means surface and/or ground water that can be easily changed or impacted.
Watershed: means an area that is drained by a river and its tributaries.
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Wellhead Protection Area (WHPA): means an area that is related to a wellhead and
within which it is desirable to regulate or monitor drinking water threats.
Wetlands: Lands that are seasonally or permanently covered by shallow water, as well
as lands where the water table is close to or at the surface. In either case the presence
of abundant water has caused the formation of hydric soils and has favoured the
dominance of either hydrophytic plants or water tolerant plants. The four major types of
wetlands are swamps, marshes, bogs and fens. Periodically soaked or wet lands being
used for agricultural purposes which no longer exhibit wetland characteristics are not
considered to be wetlands for the purposes of this definition.Wildlife habitat: means areas
where plants, animals and other organisms live, and find adequate amounts of food,
water, shelter and space needed to sustain their populations. Specific wildlife habitats of
concern may include areas where species concentrate at a vulnerable point in their
annual or life cycle; and areas which are important to migratory or non-migratory species.
Woodlands: Treed areas that provide environmental and economic benefits to both the
private landowner and the general public, such as erosion prevention, hydrological and
nutrient cycling, provision of clean air and the long-term storage of carbon, provision of
wildlife habitat, outdoor recreational opportunities, and the sustainable harvest of a wide
range of woodland products. Woodlands include treed areas, woodlots or forested areas.