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Home My WebLink AboutChapter 683 - Site Plan Control PROPERTY MAINTENANCE Chapter 683 SITE PLAN CONTROL Article 1 DESIGNATION-AREA 683.1.1 All ands-within City boundaries-exceptions 683.1.2 Development-defined 683.1.3 Site plan approval-all development-exception Article 2 AUTHORITY-DELEGATION 683.2.1 Appointed officers-approval-plans-drawings 683.2.2 Mayor-Clerk-to execute agreements Article 3 ENFORCEMENT 683.3.1 Fine-for contravention-person 683.3.2 Fine-for contravention-corporation 683.3.3 Order-prohibiting continuation-repetition Article 4 PLANS AND DRAWINGS 683.4.1 Exterior-of building-landscaping-features 683.4.2 Maintenance-facilities-works-condition of approval WHEREAS subsections 41 (2)and(3)of the Planning Act,R.S.O. 1990, c.P.13,provide that,where an area is shown or described in the City's Of- ficial Plan as a proposed site plan control area, City Council may, by KITCHENER 683.1 JUNE 2009 683.1.1 SITE PLAN CONTROL 683.1.1 by-law,designate the whole or any part of such area as a site plan control area and by reference to one or more land use designations contained in a zoning by-law; AND WHEREAS Kitchener's Official Plan, known as the Municipal Plan,adopted by City Council on May 24, 1994 and approved by the Re- gional Council on May 25, 1995,has established a proposed site plan con- trol area which encompasses all of the lands within the boundaries of the City and is applicable to all land use designations with certain exclusions therein and hereinafter set out; AND WHEREAS it is deemed expedient to designate the whole of the City as a site plan control area subject to the said exclusions. Article 1 DESIGNATION-AREA 683.1.1 All lands-within city boundaries-exceptions All of the lands encompassed within the boundaries of The Corporation of the City of Kitchener are hereby designated as a Site Plan Control Area for all development, excluding: (a) farm operations, farm buildings and the residence of the farm operator on agriculturally zoned land; and (b) single detached dwellings, semi-detached dwellings and du- plexes except those permitted within or contiguous to Major Open Space Areas, Environmentally Sensitive Policy Areas, Ecologically Significant Areas and those single detached dwellings,semi-detached dwellings and duplexes forming part of a vacant land condominium,zero lot line,linked housing,or similar innovation in house grouping developments as provided for in Part 4, Section 1.6 of the City's Municipal Plan.By-law 86-137, 14 July, 1986;By-law 2001-224,26 November,2001; By-law 2007-41,26 February,2007. JUNE 2009 683.2 KITCHENER 683.1.2 SITE PLAN CONTROL 683.2.2 683.1.2 Development-defined In this Chapter"development"means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially in- creasing the size or usability thereof,or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 168(5)of the MunicipalAct,2001,c.25 orofsites for the location of three or more mobile homes as defined in subsection 46(1)of the Planning Act,R.S.O. 1990,c.P.13 or of sites for the construction,erec- tion or location of three or more land lease community homes as defined in subsection 46(1)of the Planning ActR.S.O 1990,c.P.13,but does not in- clude the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1,2007 as defined in subsection 41 (1)of the Planning Pict, R.S.O. 1990,c.P.13. 683.1.3 Site plan approval-all development-exception Any person owning land within the boundaries of The Corporation of the City of Kitchener, except for those lands or land use designations as de- scribed in Sections 683.1.1(a)and 683.1.1(b)of this Chapter,shall apply for and obtain site plan approval prior to the development of such land.By-law 2007-41,26 February,2007. Article 2 AUTHORITY-DELEGATION 683.2.1 Appointed officers-approval-plans-drawings Save for those cases in which school board properties are proposed for de- velopment for non-educational purposes,the Manager,Site Development& Customer Service,the Manager,Development Review or the City's Direc- tor,Planning or in their absence the Manager,Long Range&Policy Plan- ning are hereby delegated as being the appointed officers of the City to exercise City Council's powers or authority under section 41 ofthePlanning Pict,R.S.O. 1990,c.P.13 to approve plans and drawings,to impose condi- tions and to require agreements.By-law 2012-070, 14 May,2012. 683.2.2 Mayor-Clerk-to execute agreements The Mayor and Clerk are authorized to execute all agreements required as a result of the exercise of authority delegated to appointed officers with re- spect to Site Plan Control. By-law 86-137, 14 July, 1986. KITCHENER 683.3 OCTOBER 2012 683.3.1 SITE PLAN CONTROL 683.3.3 Article 3 ENFORCEMENT 683.3.1 Fine-for contravention-person Every person who contravenes section 41 of the Planning Act,R.S.O. 1990, c.P.13 and any provision of this Chapter,and,if the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention,is guilty of an offence and on conviction is liable: (a) on a first conviction to a fine of not more than Twenty-Five Thousand Dollars($25,000); and (b) on a subsequent conviction to a fine of not more than Ten Thou- sand Dollars($10,000)for each day or part thereof upon which the contravention has continued after the day on which the per- son was first convicted, in accordance with subsection 67 (1) of the Planning Pict, R.S.O. 1990,c. P.13. 683.3.2 Fine-for contravention-corporation Where a corporation is convicted under 683.3.1 and/or subsection 67(1)of the Planning Pict, R.S.O. 1990,c.P.13,the maximum penalty that may be imposed is: (a) on a first conviction a fine of not more than Fifty Thousand Dol- lars($50,000);and (b) on a subsequent conviction a fine of not more than Twenty-Five Thousand Dollars($25,000)for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted, and not as provided in 683.3.1, as provided in subsection 67 (2) of the Planning Pict R.S.O. 1990,c.P.13. 683.3.3 Order-prohibiting continuation- repetition Where a conviction is entered under 683.3.1 and/or subsection 67(1)of the Planning Act, R.S.O. 1990,c.P.13,in addition to any other remedy or any penalty provided by law,the court in which the conviction has been entered, and any court of competent jurisdiction thereafter,may make an order pro- hibiting the continuation or repetition of the offence by the person convicted, in accordance with subsection 67 (3) of the Planning Pict, R.S.O. 1990,c. P.13.By-law 2007-41,26 February,2007. JUNE 2009 683.4 KITCHENER 683.4.1 SITE PLAN CONTROL 683.4.2 Article 4 PLANS AND DRAWINGS 683.4.1 Exterior-of building-landscaping-features The drawings to be approved pursuant to subsections(4)and(5)of section 41 of the Planning Pict, R.S.O. 1990, c. P.13 may be required to address, among other matters,the following: (a) matters relating to the exterior design of buildings, including without limitation,the character, scale,appearance and design features,and their sustainable design;and (b) sustainable design elements within any adjoining City right-of-way,including without limitation, trees, landscaping, permeable paving materials,street furniture,curb ramps,waste and recycling containers and bicycle parking facilities. 683.4.2 Maintenance-facilities-works-condition of approval As a condition of approval of the plans and/or drawings referred to in sub- sections(4)and(5)of section 41 of the Planning Act,R.S.O. 1990,c.P.13 and Section 684.4.1,the City may require the owner of the lands to: (a) provide and maintain,to the satisfaction of and at no expense or risk to the City,the facilities,works or matters set out in Section 41 (7)of the Planning Pict; (b) enter into one or more agreements with respect to the provision and maintenance of such facilities,works or matters;and (c) enter into one or more agreements to ensure that development proceeds in accordance with the approved plans and drawings as required by subsections(4)and(5)of section 41 of the Plan- ning Pict, R.S.O. 1990, c. P.13 and Section 684.4.1. By-law 2009-083, 19 May,2009. KITCHENER 683.5 JUNE 2009