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Home My WebLink About80-137 .. . . -- .,.' e e THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 80-137 A By-law to amend Restricted Area By-law Number 2111, as amended, 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, as amended, of the former Township of Darlington; NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Hap 21 of Schedule "A" of By-law 2111, as amended, is hereby further amended by changing to Special Provision By-law 80-137 the zone designation of the lands designated "ZONE CHANGE TO SPECIAL PROVISION BY-LAW 80-137" on the attached Schedule "X" hereto. 2. By-law 2111, as amended, is hereby further amended by adding to Section 13 the following Subsection (X): "(~ Part of Lots 32 and 33, Concession 2 Notwithstanding any provision of this By-law to the contrary, that portion of Lots 32 and 33 designated "SPECIAL PROVISION BY-LAW 80-137" on Schedule "A" hereto shall be used in accord- ance with the following provisions. In the event that there is any conflict between the provisions of this SPECIAL PROVISION and any other provision of By-law 2111, as amended, then the provisions of this SPECIAL PROVISION shall apply, but in the event that this SPECIAL PROVISION is silent on any matter, then the provisions of By-law 2111, as amended, shall apply. The Block Numbers cited herein refer to Block Numbers indicated on Schedule "X-I" hereto. ..,..,,,., :--.,\.,~~...~ . . . . - 2 - 1. Block 1 (i) Permitted Uses one single family dwelling per lot, and uses, buildings and structures accessory thereto (ii) Zone Provisions (a) Lot Area (minimum) (b) Lot Frontage (minimum) 565 square metres 17.5 metres (where lot lines are not par- allel, or where the front lot line is not a straight line, the lot frontage shall be the distance between the side lot lines, measured on a line 7.5 metres back fro~ and par- allel to, the shortest tangent of the front lot line, (c) Front Yard (minimum) (d) Interior Side Yard (minimum) 6.0 metres 1.8 metres, provided that where an attached garage or carport is provided, the minimum side yard shall be 3.7 metres on the driveway side. 6.0 metres (e) Exterior Sideyard (minimum) .. . 2. Block 2 (e e e - 3 - (f) Rear Yards (minima) (1) single family dwelling (ii) accessory building or structure (g) Gross Floor Area (minimum) (h) Building Height (maximum) (i) Parking Spaces (minimum) 7.5 metres 1. 8 metres 165.0 square metres 10.0 metres 1 space per single family dwelling (i) Definitions For the pruposes of this SPECIAL PROVISION: (a) "PARK" shall mean an area consisting largely of open space, which may include a recreational area, playground, - playfield or similar use, but shall not include a mobile home park or a tourist camp. (b) "PARK, PRIVATE" shall mean a park other than a public park. (c) "PARK, PUBLIC" shall mean a park owned or operated by the Corporation of the Town of Newcastle, the Regional Municipality of Durham, the Central Lake Ontario Con~er- vation Authority, or any other Authority, Board, Commission or Ministry established under any statute of Ontario or Canada. (ii) Permitted Uses . a private or public park, exclusive of all buildings or structures except those required for flood or erosion control. - 4 - . (iii) Zone Provisions (a) Lot Area (minimum) (b) Lot Frontage (minimum) 3. Block 3 (i) Definitions For the purposes of this SPECIAL PROVISION: (a) "CATALOGUE SALES OUTLET" shall mean a retail 4 hectares 95 metres . establishment comprised of a merchandise display area and a merchandise warehouse or storage area where customers are required to make their purchases through a central order desk using a merchandise catalogue. (b) "LANDSCAPED AREA" shall mean the open unobstructed space from ground to sky at grade on a lot accessible to pedestrians and which is suitable for the growth and maintenance of grass, flowers, shrubs and other ground cover or landscaping including any surfaced walkways, patios or similar area but does not include any driveway or ramp, whether surfaced or unsurfaced, any curb, retaining wall, parking or display area or any area beneath or within any building or structure. (c) "LOT COVERAGE" shall mean the percentage of the total lot area which may be occupied by buildings and/or outside display areas. (d) "RECREATIONAL CLUB" shall mean a private or public establishment the principle use of which shall be recreational or athletic activities. \. '. - 5 - . . (e) "REQUIRED YARD" shall mean the minimlUll yard required by this By-law. (ii) Permitted Uses a) a retail sales and service establishment for furniture major appliances office equipment beer, liquor or wine outlet a catalogue sales outlet b) outside display and sale and service of shrubs, flowers and other related nursery stock and garden supplies snowmobiles, motorcycles, boats and motors, and recreational vehicles motor vehicles, equipment and accessories c) a restaurant, a take-out restaurant and/or tavern d) a bowling alley, roller skating rink, assembly hall, banquet hall, recreational club, fraternal organization clubhouse e) a funeral home f) an animal hospital or veterinary clinic g) offices located within a second storey only (iii) Zone Provisions . a) Lot Area (minimum) b) Lot Frontage (minimum) c) Lot Coverage (maximum) d) Front Yard (minimum) 5000 square metres 100 metres 30% 15.25 metres - 6 - . e) Interior Side Yard (minimum) f) Exterior Side Yard (minimlUll) g) Rear Yard (minimum) ;,. h) Landscaped Area (minimum) i) Building Height (maximum) 7.5 metres, provided that where a side lot line abuts a residential zone, or abuts a lot having a residential use situated thereon, within 30 metres of such common lot line, the minimum side yard shall be 10.5 metres. 10.5 metres 7.5 metres, provided that where a rear lot line abuts a residential zone or abuts a lot having a residential use situ- ated thereon, within 30 metres of such common lot line, the minimum rear yard shall be 10.5 metres. 35% two (2) storey, provided that the second storey does not ex- ceed 35% of the total permitted lot coverage. j) Parking Spaces (minima) i) uses listed under (ii)a) above 1 for each 20 square metres of display area plus 1 for each 95 square metres of storage or warehouse space. . , .' - 7 - . ii) uses listed under (ii)b) above 1 for each 95 sq. metres of total floor area and/or outside display area iii) uses listed under (ii)c) above 1 space for every 4 persons seating capacity or each 15 square metres of total floor area whichever is greater iv) uses listed under (ii)d) above 1 space for every 6 persons seating capacity or for every 20 square metres of total floor area whchever is greater v) uses listed under (ii)e) above \. 1 space for every 10 persons of capacity uses listed under (ii)f) above 3 spaces per practitioner vii) uses listed under (ii)g) above vi) 1 for each 20 sq. metres of total floor area k) Loading Spaces (minima) - Gross Floor Area Number of Spaces 500 sq. metres or less 501 to 2,500 sq. metres 2,501 to 12,500 sq. metres for every 12,500 sq. metres or portion thereof in excess of 12,501 square metres o 1 2 1 additional 1) No parking or loading space shall be located within a required side yard or closer than 5 metres to any street line or 10.5 metres of any lot line which abuts a residential zone or abuts a lot having a residential . . . . . -. . ~ - 8 - use situated thereon, within 30 metres of such common lot line. m) No open storage, other than the display of merchandise associated with a use permitted under ii)b) above, shall be permitted. n) No outside display of merchandise shall be permitted within any required yard. 4. Schedule "X-1" to By-law 80'"137 shall form a part of this SPECIAL PROVISION." 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 20 day of October , A.D. 1980. BY-LAW READ a second time this 20 day of October , A.D. 1980. BY-LAW READ a third time and finally passed this 20 day of October A.D. 1980. ~.d~-/ G. B. RICKARD, Mayor (seal) ~, I .1 ". THIS IS SCHEDULE 1)(1 TO BY-L,l\W 80- n7 i PASSED THIS 70 DAY OF O('toh~r,l\. 0.1980. ROAD ALLOWANCE BETWEEN CONCESSIONS 2 and 3 l~~~t@~J ZONE CHANGE TO SPECIAL PROVISION ............ BY-LAW 80-...ll1.. N72043'30"E 7'997m N72042'40"E IOO'678m l E 10 co co co ~ o v -v v o V z : . ", ..t.. : ~ .i I .... -.. . o ~_-....l 50 ---- 'N!! __ ~69005'40"E 127'656m --- __ 2 ~ N650IS''30''E 3.920m ---- ~ ---- ---- --- ---- ------ --- /-- ~fir& a~2--r./ . I d~ /' J.M.Mcllroy ,Cieri, 25 . ~ 50 100m , (' I I ~ II .! ! i i , I I , THIS ~S SCHEDULE 'X-1' TO BY-LAW 80- 117 ~ PASSED THIS 20 _ DAY OF Ortnhpr.. ,A. D. 1980. ] ROAD ALLOWANCE BETWEEN CONCESSIONS 2 and 3 :t = e 0_ -- I'- "'0 10' o 0 va:> Z N72043'3d'E 7'997m I:N72042'40"E 100-67 m-ll N25029'20"W I 24'36Sm e o ~ ~ 6 -0 E (\j (\/U) - (\/ 'It 010 o .:.. 1'-1'- Z ~ -0 e _v S; ~U) o . U)V ZIO 1 E 10 a:> cp a:> \-1 N 101S'30"E 36-661 - NI7045'40"E 12.57Sm 5 N23046'20"E (\j 27.022 ---..... U) N46035'2d'e: 0) ~ N66020'10"E 27.022m ----..... - :t ~ ....l: I.IJ LLI =0 e 33.300m - 9) .... = =0'" (\/ N404S'3~ ' /2 ~}2 ,., -U) ~ 9'144m \, ~ ~ t; ~ ~ ~ NI30IS'30"E "L ,,41 041 ro 10 z 10 0<<" 36'576m - r~ _s~ -;.0 .t ~ ," f"\V ;:"J R- co. I 04- N33041'3d'w ~~ \J !?.'" .8,.... 25.90Sm ,V.V" ~ ~ ~ ~ ~ NS70IS'30"E 6'096m--' I I "L N N630S0' ,,~ (;'f'" N770 ~so/340" 30"~ 19. . ,~~~ a N7I033'30" 19 SO"~ 19~. 17'S44 870 rnl ot;.~O).~rv o...V N4042'/0" ~ 21-8/frn "4Irn---. rnJ Q V W ~29 ~ ~ \ __ ~rr; (() N20007'1 " 4rn_ . . . J __ -- __ N8oo3/'4 ,,0 W 2S'823 . N55025'10"E 29-S22m J --- ___ Na0037'oO" NI5000'O ~,~ 13'942rn rn_ N77055'10"W2B'126m __ E 0 W20.a ~ 0"1/ 3 __ f93'402m 03rn_. BL vT\ -- __ HWy -- -- NS0037'od'E 16.093m -- ___ N5! -- __ N69005'40"E 127.656m -- __ 2 ~ N650IS''3d'E '3.920m ----- ~--- . ", ..\.. : ~ } ! ....... . ~ -0 e -(\/ v U)o QU) o . 10(\/ za:> 3: o v -<t <t o <t Z ..... ..... .-. '''. ...: '. ..' o ~_--.J 50 25 100m . ~ -- --- ---- /,---- ~,4~~/Lt!_ G.B ickord ,Mayor . 50 ...~ '2~ J.M.Mc:lroy,~ . {v'" .. . . ltj ~--,. Ontario Form R-6 r The Clerk Town of Newcastle 40 Temperance St., BOWMANVILLE, Ontario. L1C 3A6 L . . . Ontario Municipal Board 416/965- '568 9 180 Dundas St. West Toronto. Ontario M5G 1 E5 Quote File Number R 81286 February 27, 1981 Dear Sir: Enclosed is documentation as follows: c=J Copy of Decision dated c=J Duplicate original of Decision dated o February 25, 1981 Board's Order made c=J Appointment For Hearing Yours truly, SW:ak Encl. (s) C. Saruyama Supervisor Planning Administ MAA :; 1111 a iJbWN Of NIWWfU CWK OfP,.KJM .. . . . . - *' .., "~ ,.. R 81286 Ontario Municipal Board IN 'l'BE MATTER. OF Sec.t.ion 35 of The Planning Act (R.S.O. 1970, c. 349), -an4- IN THE MATTER OF an application by The Corporation of the Town of Newcastle for approval of its Restricted Area By-law 80-137 B E FOR E I A.H. ARRELL, Q.C. Vice-chairman ) ) ) ) ) ) ) Wednesday, the 25th day of February, 1981 -and- H.W. KELLY, Q.C. Member The objectors to approval of the said by-law having withdrawn their Objections; THE BOARD ORDERS that By-law 80-137 is hereby approved. J ,I # ! ,.1 ij " .Ilit, / ~it~~ SECRETARY ENTERED o. B. No..Rfl~f.............. Folio No... 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