HomeMy WebLinkAbout80-103
THE CORPORATION OF THE
TOWN OF NEWCASTLE
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BY-LAW NO. 80-103
being a by-law to amend Restricted Area By-law
Number 2111 of the former Township of Darlington
WHEREAS the Council of the Corporation of the Town of Newcastle
DEEMS it advisable to amend Restricted Area By-law Number 2111 of
the former Township of Darlington;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS AS FOLLOWS:
1.
Section 9 of By-law 2111 is hereby amended by adding to
Subsection (c) the following Subsection 2:
"2) M2-3; Lot 31, Concession 1, Darlington
.
Notwithstanding any provisions of this by-law to the
contrary, those portions of lot 31, designated "M2-3"
on the attached Schedule "A" hereto, shall be used only
in accordance with the provisions of this Subsection. In
the event that this subsection is silent on any matter,
then the provisions of By-law 2111, as amended, shall apply.
(i) Definitions
For the purposes of this subsection.
(a) "BULK STORAGE TANK" shall mean a tank for the bulk
storage of petroleum, petroleum products, chemicals,
gases or similar substances. This definition shall
not include a storage tank which is accessory to
another use on the lot where such tank is located.
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(b) "FACTORY OUTLET" shall mean a building or part of
a building, accessory to a permitted industrial use,
where the products manufactured by that industry are
kept for wholesale or retail sale.
(c) "GARAGE, COMMERCIAL" shall mean an establishment
or premises where vehicles owned by the general
public are repaired or maintained.
(d) GARAGE, MAINTENANCE" means an establishment or
premises where vehicles owned or leased by the
occupant of such premises are repaired or maintained.
(e) "FLOOR AREA, GROSS" shall mean the aggregate of the
horizontal area of each storey, measured between the
exterior faces of the exterior walls at the floor
level of such storey.
(f) "FLOOR AREA, NET" shall mean that portion of the
gross floor area of a building which is used by a
Non-Residential use~
i) any part of such building used by another Non-
Residential use;
ii) any part of such building used for the parking
or storage of motor vehicles;
iii) any part of such building used for equipment to
heat such building or a portion thereof; and
iv) the thickness of any exterior walls of such
building.
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(g) "FRONTAGE, LOT" shall mean the horizontal distance
between side lot lines, measured along a line 100
metres back from and parallel to the front lot line.
(h) "OPEN STORAGE AREA" shall mean land used for the out-
side storage of equipment, goods or materials. This
definition shall not include a storage use located in
a building, a salvage yard, a delivery space or a
parking space.
(i) "PUNTING STRIP" shall mean a row of trees or a
continuous unpierced hedgerow of evergreens or
shrubs, not less than five feet high, immediately
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adjacent to the lot line or portion thereof, along
which such planting strip is required herein, which
is planted with shrubs, flower beds, or a combin-
ation thereof.
(j) "PRIVATE GASOLINE PUMP ISLAND" shall mean a structure
used to dispense gasoline solely to vehicles owned or
leased by the occupant of the lot where such gasoline
pump island is located. This definition shall not in-
elude an automobile service station or any other facil-
ity for the sale of fuels.
(ii) Permitted Uses
an assembly plant;
a bulk storage tank;
a business office accessory to a permitted use;
a commercial garage;
a contractor's yard;
. an equipment storage building;
a factory outlet;
a farm implement dealership;
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a heavy equipment sales and service outlet;
a maintenance garage accessory to a permitted use;
a manufacturing plant;
an open storage area;
a parking lot;
a private gasoline pump island;
a warehouse.
(iii) Zone Provisions
(a) lot area (minimum)
(b) lot frontage (minimum)
(c) lot cove rage (maximum)
(d) front yard (minimum)
(e) interior sideyard
(minimum)
.
(f) exterior sideyard
(minimum)
(g) rear yard (minimum)
.
.5 ha
50 m
50%
10.6 m
4.5 m, provided that
where a side lot line
abuts a residential zone,
or abuts a lot having a
residential use situated there-
on within 30 m, the minimum
side yard shall be 9.0 m.
10 . 6 m
10.6 m, provided that where
a rear lot line abuts a resi-
dential zone, or abuts a lot
having a residential
use situated thereon within
30 m, the minimum rear yard
shall be 15.0 m, and provided
further that no rear yard
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(h) landscaping area
(minimum)
(i) building height
( maximum)
(j) parking spaces
(minima)
i) business office
.
ii) commercial garage -
iii) other uses
(k) parking space
location
.
(1) loading spaces
(minima)
i) commercial garage-
shall be required from any
portion of a rear lot line
which abuts a railroad right-
of-way.
10%
10 . 6 m
1 for each 18.5 square
metres of net floor area
or portion thereof.
1 for each 4.6 square metres
of gross floor area or por-
tion thereof.
1 for each 69.7 square metres
of net floor area or portion
thereof.
No parking space shall be
located closer than 1.5 m
to any street line or 5.5 m
to any lot line which abuts
a lot having a residential
use situated thereon within
30 m.
1 per lot
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ii) other uses
the greater of one per
lot; or one for each 2787
square metres of gross
floor area or portion thereof.
(m) Gasoline Pump Island
Location
No part of any gasoline pump
island shall be located in
any front yard or closer
than 4.5 m to any side or
rear lot line.
(n) Open Storage Area
Regulations
No open storage area shall
be permitted except in accord-
ance with the following pro-
~ visions;
i) no open storage area shall be permitted in a front
yard or exterior sideyard;
ii) no open storage area shall be permitted in a rear
yard adjacent to a rear lot line of such lot which
abuts a lot having a Residential use situated there-
on within 30 metres.
iii) no open storage area shall be permitted in a side-
yard adjacent to a side lot line of such lot which
abuts a lot having a Residential use situated there-
on within 30 metres.
iv) every open storage area or lot having an open storage
area situated thereon shall be enclosed by a wall or
~
fence not less than 1.8 metres in height and con-
structed of uniform material; and,
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v) no portion of any open storage area for com-
bustible materials shall be located closer than
6 metres to any lot line.
(0) Property abutting railway
Notwithstanding any provision of this By-law to the
contrary, where any lot line or portion thereof abuts
a railroad right-of-way, no interior side or rear yard
shall be required along that portion of such lot which
so abuts the railroad right-of-way.
(p) Planting Strip Location
A 3.0 metre wide planting strip shall be required
along any portion of a side lot line or rear lot line
~ abutting a lot having a residential use situated there-
on within 304.5 metres.
(q) Noxious Trade
No use shall be permitted which from its nature or
the materials used therein is declared to be a noxious
trade, business or manufacture under the Public Health
Act or regulations thereunder.
(r) Unserviced Lot Requirements
(i) No more than 45,460 litres of water per day
shall be taken from any lake, stream, well or
reservoir;
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(ii) no water taken from any lake, stream, well or
reservoir and utilized in any way in the manu-
facturing process shall be discharged in such
manner that it flO'tvs outside the boundary of
the lot either above or below ground level.
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(iii) no privately owned sewage system shall dis-
charge effluent in such a manner that it flows
outside the boundary of the lot either above
or below ground level.
(iv) the number of persons employed on the lot shall
not exceed the regulations of the Durham Health
Unit and shall be subject to the approval of
the Durham Health Unit."
2.
Key Map 21 of Schedule "A" to By-law 2111, as amended, is
hereby further amended by changing to "M2-3" the zone designa-
tion of the lands shown as "ZONE CHANGE TO M2-3" on the attached
Schedule "X" hereto.
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3.
This By-law shall come into effect on the date hereof, subject
to the provisions of Section 35 (10) of the Planning Act.
BY-LAW READ a first time this )..1.J'-day of
Jt1Lj
, A.D. 1980.
BY-LAW READ a second time this ~ K-'- day of J:,a"1
, A.D. 1980.
BY-LAW READ a third time and finally passed this '1 g.- day of
"JU I- !
A.D. 1980.
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G. B. RICKARD, Mayor
(seal)
9 'f-1/~~/ ~-:?
J. t.~LROY, Cle:k
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A
W 80-J03 J
I I TO BY-LA 980.
IS SCHEDULE XA'i OF To/.- t IA. D. I
THIS THIS D ~ 0",
PASSED
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I.tc. Pi o. R~Ln;:f~ilngtoD
Dire~ci().r
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Re: c By-La'w 1:)0-10:j Cert1fj co.te roqtiired for zoning
l.1y-laws pa8'H~d pursut\nt. to se<::tion 3J (;;:.4) of
W.ge ~jlfi,nlling A(;;t
LY-LaW J\J-lvd wat.> paso-acl ;.)J-' the ~'ouncil of 'c11e 'i'o\vn of
Newcae:;tle subject to <section 35 (J4) of il'he .Planning Act.
Hmv~v~n'l tL€rE:; was J.n 'Jb.j.;;ct;J.ou and thobyc-H'./v v!u.s Ri~Ulllitt.ed
to the O.M.B. The objaction w<:i.f.3s:.:,bseqtleptly witi"dra.'.vn and'
the.G. M. B., approved of the by-law as per the. attached. notice
of approval. '
Yours very truly,
Jw.i:nof
A.Id.e.T.
A/l
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cc:Mr. D. Smith, Dir,ctorof Planning
1l4r.. G. D. Call1erOn,''P la.qning Dept.
Region of Durham .
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Ontario
Form R-6
.
'The Clerk
Town of Newcastle
40 Temperance St.
BOWMANVILLE, Ontario.
LlC 3A6
Ontario
Municipal
Board
416/965- '568 9
180 Dundas St. West
Toronto. Ontario
M5G 1 E5
Quote File Number
R 80238l
L November l7, 1980
Dear Sir:
.
Enclosed is documentation as follows:
c=J Copy of Decision dated
c=J Duplicate Original of Decision dated
~ Board's Order made November l4, 1980
c=J Appointment For Hearing
Yours truly,
.
,
SFH:ak
Encl. (s)
C. Saruyama
Supervisor
Planning Administrat;~~
RECEIVED
NO\J 24 \980
TOWN Of N-EWCASTLE
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R 802381
Ontario Municipal Board
:tN THE MATTER OF Section 35 of
The Planning Ac~ (a.s.o. 1970,
o. 349),
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IN THE MATTER OF an applioation
by The Corporation of the Town
of Newcastle for approval of
its Restrioted Area By-law 80-103
B E :r 0 REI
W.E. DYER, Q.C.
)le1'llN,r
-and-
D.B. MoROBB
Member
)
)
)
)
)
)
)
Friday, the 14th day
of November, 1980
The objeot.ors to approval of the said by-law
hav:.1.D9 withdrawn t.heir objections,
TBE BOAIm ORDERS that. By-law 80-103 1s hueby
approved.
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SECRE'lARY
CE'NTERED
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