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Home My WebLink About84-52 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- 52 being a By-law to amend Restricted Area By-law 1592, as amended, of the former Township of Clarke, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area (Zoning) By-law 1592, as amended, of the former Township of Clarke in order to identify a private zoo and recreational/fitness centre pursuant to Section 8.3.2.8 of the Durham Regional Official Plan. NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "A" Map 1 to By-law 1592, as amended, is hereby further amended by changing to IA_18" the zone designation of the lands indicated as "Z0NE CHANGE TO A-18" on the attached Schedule "X" hereto. 2. Section 10.3 of By-law 1592, as amended, is hereby further amended by adding the following subsection (p): "(p) A-18 _ Part of Lot 25, Concession 5 Notwithstanding any provisions of this By-law to the contrary, that Part of Lot 25, Concession 5, designated as Special Provision "A-18 on Schedule II A" hereto, shall only be used in accordance with the following provisions. In the event that there is any conflict between the provisions of this Special Provision, and any other provisions of this By-law 1592, 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 1592, as amended, shall apply. (i) Definitions (a) Animal Enclosure - shall mean an area completely enclosed and covered by chainlink fencing of no larger than 16cm gauge, or solid walls within which one or more animals can be confined and which is surrounded by a public security area, but shall not include a Temporary Holding Space. Where an earthen floor is provided within an animal enclosure, a 2 foot wide strip of wire mesh shall be provided, extending horizontally underground into the cage from the base of the enclosing wall or fence. (b) Animal Enclosure, Large - shall mean an animal enclosure designed to accommodate a cougar, cheetah, bear, lion or tiger and shall be limited to a maximum of three (3) animals per enclosure. (c) Animal Enclosure, Small - shall mean an animal enclosure designed to accommodate an ocelot, panther, jaguar, lynx, leopard, wolf, bobcat, or monkey and shall be limited to a maximum of two (2) animals per enclosure. I Fif e NO.!D_Q__'_m~_~_:__~_I.L.._.J - i i - (i) Definitions (Cont'd) (d) Building - shall mean a structure, temporary or permanent, having a roof supported by columns or one or more walls, which is used for the shelter, accommodation, or enclosure of persons, animals, equipment, goods or materials. Fitness Centre - shall mean a building in which facilities are provided for recreational athletic activities including but not limited to body-building and exerci se cl asses, and shall inc1 ude associ ated facilities such as a sauna and solarium. (e) (f) Private Zoo - shall mean a collection of animals confined within appropriate animal enclosures, privately owned and operated on a commercial basis, and shall include only the following animals: jaguar, lion, tiger, cougar, cheetah, leopard, ocelot, lynx, panther, bobcat, bear, wolf, monkey, swans, ducks and geese. Animals, reptiles or birds not specifically included in this definition, shall be prohibited. Public Security Area - shall mean an area of land free and clear of any buildings or structures surrounding an animal enclosure, and which is made inaccessible to members of the public by means of a 1.25 metre high, chain-link security fence which is secured by means of a locked gate, and which fence is no closer to an animal enclosure than 2 metres. (g) (h) Temporary Holding Space - shall mean a fenced area connected to and associated with an animal enclosure within which an animal can be temporarily confined, and which has access only to the animal enclosure and where not separated from a public area by a public security area, such temporary holding space shall be constructed with solid walls immediately abutting any pub 1 i c area. (ii) Permitted Uses No person shall, within the lands designated "Special Provision A-18" on Schedule "A" hereto, use the lands, or erect, alter, or use any building or structure for any purpose except one or more of the following uses: _ one single family detached dwelling and buildings and structures accessory thereto - fitness centre - dog kennel - private zoo - pet cemetery - souvenier shop - snack bar (iii) Zone Provisions No person shall, within the lands designated "Specia1 Provision A-18" on Schedule "A" hereto, use the lands, or erect, alter, or use any building or structure except in accordance with the following provisions: - iii - (iii) Zone Provisions (Cont'd) Genera 1 Lot Area (minimum) Lot Frontage (minimum) Yard Requirements (Minimum) (i ) Front Ya rd (ii) Exterior Side Yard (iii) Interior Side Yard - Animal Enclosure - Kennel - All Other Buildings and Structures ( i v ) Rea r Ya rd Lot Coverage (maximum) Landscaped Area (minimum) Building Height (maximum) Building Floor Area Requirements (i) Single Family Dwelling (ii) Fitness Centre (maximum) (iii) Kennel (maximum) (iv) Animal Enclosure - large (minimum) (v) Animal Enclosure - small (mi nimum) (vi) Temporary Holding Areas (minimum) Distance between Animal Enclosures and Buildings (minimum) 10 metres Parking Requirements (minimum) 1 parking space per 30 square metres of total building area excluding animal enclosures and a single family dwelling, plus 2 spaces per animal enclosure. (a) (b) (c) (d) (e) (f) (g) (h) (i ) Single Family Dwelling (a) (b) (c) (d) (e) (f) (g) Front Yard (minimum) Side Yard (minimum) Rear Yard (minimum) Setback (minimum) Floor Area (minimum) Building Height (maximum) Number of Parking Spaces (minimum) Fitness Centre (a) Front Yard (minimum) (b) Side Yard (minimum) (c) Rear Yard (minimum) (d) Setback (minimum) (e) Floor Area (maximum) (f) Building Height (maximum) Dog Kennel (a) (b) (c) ~~ ~ (f) Front Yard (minimum) Side Yard (minimum) Rear Yard (minimum) Setback (minimum) Floor Area (maximum) Building Height (maximum) 40,000 square metres 100 metres 15.0 metres 15.0 metres 6.5 metres 2.5 metres 7.5 metres 10.5 metres 15.0 percent 40.0 percent 10.0 metres 110 square metres 1200 square metres 210 square metres 185 square metres 30 square metres 4.45 square metres 15.0 metres 7.5 metres 10.6 metres 28.0 metres 110.0 square metres 9.0 metres 2 35.0 metres 25.0 metres 10.6 metres 45.0 metres 1200 square metres 10.0 metres 65.0 metres 2.5 metres 10.6 metres 75.0 metres 210.0 square metres 5.0 metres - i v - (iii) Zone Provisions (Cont'd) Private Zoo (a) Distance of Animal Enclosure from any Lot Line (minimum) 6.5 metres (b) All animals exclusive of swans, ducks and geese shall be confined at all times to either an animal enclosure or a temporary holding space. (c) Land used for the purposes of a private zoo shall be completely enclosed by security fencing having a minimum height of 1.8 metres. Ingress and egress to such lands shall be by means of a controlled access gate which shall be kept locked and secured at all times that the private zoo is not open to the public. 3. Schedule "X" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date hereof subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this 9th BY-LAW read a second time this 9th BY-LAW read a third time and finally April 1984 day of April day of Apri 1 passed this 9th 1984 1984 of day ~~L~../ MAYOR ' ~tw- CLERK This is Schedule passed this 9th "X" to By-law 84-~, day of AprilA.D. 1984. =161,53 A=54.15 N72034'E 24.07 N67043'E 30-73 N73057'30"E 40,84 ROt ALLOW BTW CONC. 5 a 6 N.W. An91e Lot 25 Con.5 (SEAL) 148.74 f777J ZONE CHANGE t'LLLJ TO A-18 ~~.~ G.B. Rickard. Mayor ~~'M' ~. D. W. Oak.., Clerk o 25 50 ~- 50 10 Key Map -Former Township of Clarke , ~09T.) ~~T n r -LOT -r' COT I 27 I 25 I I SUBJECT SITE I I I I I I I I " 1 c~ I o~ o r-- 200 c..... .. 250 500m L~T lL~.;r I I I I I I > I I I I' u I ~ I U I I I t j'.-.' . \. 't- ,,{ ~~ :- "W s... ~, .....1 I .-.. r-. ......+ "'-"c.j...U- -+- ~~ u- -' ~~ () E: {~ r--< (:0'-" c- .-> '-' IY)' ~ ~ () ...Ii \"\ 1 .(. I i ~ ... ~ 11.eol'l"l (4Z .0. 'TOTAL S\G-N AR~A 51.0 S~.h1. (550 sQ. fZ"T ) <::l- ee o I f- m C0 f- I z: 0 W 0- ::::;: :r: f- U 0:: <0 f- 0- f- W < 0::