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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 92- 207
BEING A BY-LAW PASSED PURSUANT TO THE PROVISIONS OF
SECTION 34 OF THE PLANNING ACT, C.1.S.0. 1983, AS AMENDED,
TO AMEND ZONING BY-LAW NO. 84-63
WHEREAS the Council of the Town of Newcastle has received a request to amend Jay-law No. 84-
63, the Comprehensive Zoning By-law, insofar as is necessary to rezone those lands forming Part
Lot 15, Concession 7, located adjacent to the north westerly limits of the Intersection of Regional
Road No.9 and Carscadden Road, having an area of approximately 15 hectares, so as to provide for
the creation of 14 estate residential lots and a block of land to be retained as private open space;
AND WHEREAS the Ontario Municipal Board under appeal by Kirby Heights Estates Inc. of
rezoning application DEV 88-122 within the Town of Newcastle orders the Town of l~ewcastle to
amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle as fdlows:
AND WHEREAS the matters hereinafter set forth in this By-law are in conformity with the Official
Plan for the Regional Municipality of Durham as amended by Amendment No. 233 ~\dopted by
Regional Council on April 18, 1991;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the, Town of
Newcastle ENACTS as follows:
1. Section 8 "Residential Estate (RE)" Zone is hereby amended by adding thereto the following
new Special Exception 8.3.8 as follows:
"8.3.8 RESIDENTIAL ESTATE EXCEPTION (RE-8) ZONE
Notwithstanding Section 8.2, the lands zoned RE-8 on the schedules to this E.y-Iaw, shall be
subject to the following regulations:
a)
b)
Lot Area (minimum)
Lot Frontage (minimum)
0.8 hectares
45 metres"
2. Section 6 "Agricultural (A)" Zone is hereby amended by adding thereto the following new
Special Exception 6.4.45 as follows:
"6.4.45 AGRICULTURAL EXCEPTION (A-45) ZONE
Notwithstanding Section 6.1 and 6.3, the lands zoned A-45 on the schedules to this By-law,
shall be subject to the, following regulations:
a) Residential Uses
i) prohibited
b) Non-Residential Uses
i) conservation and forestry;
ii) flood, erosion and/or siltation control works and storm water management
facility;
Hi) open space which for the purposes of this by-law shall mean an area which
is open and unobstructed from ground to sky at finished grade on a lot or
portion thereof, which is either maintained in its natural state or which is
suitable for planting of trees and reforestation but shall not indude any
other use or activity otherwise specified herein; and,
- 2 -
c)
Zone Regulations
i) Lot Area (minimum)
ii) Lot Frontage (minimum)
Hi) Landscaped Open Space (minimum)
iv) Lot Coverage (maximum)
2.5 hectares
55 metres
80%
5%"
3. Section 5 "Environmental Protection (EP)" Zone, is hereby amended by adding thereto the
following new Special Exception 5.2.7 as follows:
"5.2.7 ENVIRONMENTAL PROTECTION EXCEPTION (EP-7) ZONE
Notwithstanding Section 5.1, the lands zoned EP-7 on the schedules to this By-law shall be
subject to the following regulations:
a) Residential Uses
i) prohibited
b) Non-Residential Uses
i) greenbelt park, conservation, forestry, bird sanctuaries, wildlife reserves or
other similar uses which proved for the preservation of the natural
environment
ii) flood and erosion control works"
4. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone
designation from:
"Agricultural (A)" to "Residential Estate Exception (RE-8)";
" Agricultural (A)" to "Environmental Protection Exception (EP-7)" and
"Agricultural (A)" to "Agricultural Exception (A-45)" Zone.
5. Schedule" A" attached hereto shall form part of this By-law.
6. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of SeCtion 34 of the Planning Act.
BY-LAW read a first time this 13th day of
October
1992.
BY -LAW read a second time this 13th day of
October
1992.
BY-LAW read a third time and finally passed this 13thday of October
1992.
. ~
~ MAYOR
CLERK
t.
This
is
Schedule "A"
to
By-law 92 - 207 ,
passed
this 13th day
of OCTOBER , 1992 A.D.
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