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Home My WebLink About84-89 . . . .. ATTACHMENT 2 to STAFF REPORT PO-122-84 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- 89 being a By-law to amend By-law Number 2111, as amended, of the former Township of Darlington, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it adviseable to amend By-law 2111, as amended, of the former Township of Darlington, now in the Town of Newcastle. NOW THEREFORE, the Corporation of the Town of Newcastle enacts as follows: 1. Section 13 of By-law 2111, as amended, is hereby further amended by adding thereto the following subsection (ggg): "(ggg) Part of Lots 29 & 30, Concession 3 Notwithstanding any provision of this By-law to the contrary, those parts of Lots 29 & 30, Concession 3, designated as "Special Provision By-law 84- 89 II on the attached Schedule 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 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 zone designations cited herein, refer to the zone designations identified on Schedule X-l hereto. (i) Definitions (a) 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. Any tent, canopy, bin, bunk, or platform, vessel, vehicle or trailer used for any of the said purposes shall be deemed a building. (b) Building/Apartment: - shall mean a separate building containing three (3) or more dwellings which have a common entrance from street level and the occupants of which have equal rights to the use of all common halls and/or stairs, and/or elevators, and/or yards. This definition may include a senior citizens apartment building, but shall not include any dwelling otherwise defined or classified herein. (c) Dwelling Unit Area: _ shall mean the habitable area contained in the inside walls of a dwelling, excluding any private garage, carport, porch, veranda, unfinished attic, cellar or sunroom, unless such sunroom is habitable in all seasons of the year and excluding public or common halls or areas, stairways and the thickness of outside walls. I File NO..nn.I:Q.,.3S.,a..:lQS.........1 , I '. - 2 - (d) ~ _ shall mean a parcel or tract of land described in a deed, or other legal document, the title to which is legally conveyable. (e) Golf Course: _ shall mean a public or private area operated for the purpose of playing golf and includes a Par 3 Golf Course, driving ranges, minature courses, club house, dining room, lounge and similar uses. (f) Height of Building: - shall mean the verticle distance measured between the lowest finished grade adjacent to any wall of the building and a) in the case of a flat roof, the highest point of the roof's surface and b) in the case of a mansard roof, the deck roof line and c) in the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. In calculating the height of a building, roof construction, such as bulk heads, penthouses and similar constructions enclosing equipment or stairs and which are less than 6 metres in height and do not occupy more than 30% of the area of the roof upon which they are located and accessory roof constructions, such as chimneys, towers, steeples or television antennaes, shall be excluded. (g) Landscaping: - shall mean any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements all of which are designed to enhance the visual amenity of a property and/or to provided a screen to medicate any objectionable aspects that may detrimentally affect adjacent land. (h) Open Space: _ shall mean the open, unobstructed space from ground to sky at the finish grade on a lot accessible by walking from the street on which the lot is located, which is used exclusively for landscaping and includes any surfaced walk, patio or similar area, but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space, beneath or within a building or structure. (i) Park, Greenbelt: _ shall mean a lot or block of land, the main purpose of which shall be the protection of open space areas and natural watercourses and which may also be used for recreational activities, including playing and athletic fields, but excluding any buildings or structures. - 3 - (j) Park, Private: - shall mean any open space or recreational area owned and operated or maintained in whole or in part by a private organization and may include therein swimming pools, boating facilities, picnic areas, gardens and other similar recreational activities. (k) Park, Public: - shall mean a lot or block of land owned or controlled by a public authority, the main use of which shall be for recreational activities and which may include its use as a playground, or play field, including athletic fields, aquatic facilities, gardens, landscaped areas, and any buildings, the purpose of which shall be for recreation or a use accessory to a recreational use. (ii) Permitted Uses (a) URBAN RESIDENTIAL TYPE FOUR (R4) ZONE - apartment building (b) ENVIRONMENTAL PROTECTION (EP) ZONE - conservation area - reforestration or forestry areas - bird or wildlife sanctuary - greenbelt park - stormwater, flood and erosion control facilities (c) -AGRICULTURAL EXCEPTION (A-8) ZONE - a golf course (iii) Zone Provisions (a) URBAN RESIDENTIAL TYPE FOUR (R4) ZONE (i) Density (maximum) 80 units/hectare (ii) Lot Frontage (minimum) (iii) Yard Requirements (minimum) - Front Yard - Interior Side Yard - Exterior Side Yard - Rear Yard (iv) Dwelling Unit Area (minimum) - Bachelor Dwelling Unit - 1 Bedroom Dwelling Unit - 2 Bedroom Dwelling Unit - Dwelling Unit containing 3 or more bedrooms 20 metres 7.5 metres 7.5 metres 7.5 metres 7.5 metres 40 square metres 55 square metres 70 square metres 80 square metres + 7 square metres for each bedroom in excess of 3 - 4 - (v) Lot Coverage (maximum) 40% (vi) Landscape Open Space (minimum) 35% (vii) Building Height (maximum) 12 metres (viii) Building Height Exception _ a building in excess of 12 metres may be erected provided that the applicable yard requirements are increased by a percentage directly proportionate to the percentage increase in building height above 12 metres. (ix) No buildings or structurs may be erected and no use may be established in the Urban Residential type four (R4) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. (b) AGRICULTURAL EXCEPTION A-8 ZONE (i) Lot Area (minimum) 6 hectares (ii) Lot Frontage (minimum) 20 metres (iii) Yard Requirements (minimum) - Front Ya rd - Exterior Side Yard - Interior Side Yard - Rear Yard 15 metres 15 metres 15 metres 15 metres (i v) (v) (c) (i) Lot Coverage (maximum) Building Height (maximum) 5% 1 0 metres ENVIRONMENTAL PROTECTION Those portions of any lot zoned Environmental Protection (EP) abutting an Urban Residential Type Four (R4) Zone may be included as lot area for the purposes of calcultating the maximum number of units permitted on that lot. (iv) General Provisions (i ) Building Permits Prior to issuance of building permits in respect of any of the lands designated as Special Provision By-law 84- 89 on the attached Schedule A hereto, a servicing agreement shall be entered into with the Regional Municipality of Durham. (i i) Municipal Servicing Requirement No buildings or structures may be erected and no use may be established in the Urban Residential Type Four (R4) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. r - 5 - 2. Map 16 of Schedule A, By-law 2111, as amended, is hereby further amended by changing to Special Provision By-law 84-89 , the zone designation of the lands designated Zone Change to Special Provision By-law 84- 89 on the attached Schedule X hereto. 3. . Schedul es X and X-l attached hereto shall fonn part of thi s By-l aWe 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 25th day of 1984. June BY-LAW read a second time the 25th day of 1984. June BY-LAW read a third time and finally passed this 25th day of June 1984. *~~ ~~ L RK This is ~chedule- "X-1" to By-law 84-~, passed this 25th dayof~A.D. 1984. ~ '0 '" .", 0 69,45 80'37 ~ z N 18050'W 45-62 0 <II ;. A-8 Ul It> A-8 '? (II CD '" ,., on ,;. ,., N72033'E R4 A-8 en N ~ on '" R4 ~ N ~ z '" CD .;, ~ co A-8 R4 co f8 ,;. 6 ,.. ,., Q 399,00 N72033'E EP 45,90 N72032'E 48'77 NI8042'W 3H4 N72032'E 20'12 NI8042'W 23'72 N72.o32'E 60'96 N44002'20"W 72'12 o o N72035'50E 117,08 NI8042'W 9-91 N 18042'W 49, 38 N72032'E 40'84 N72040'E 81,34 G.8, RICKARD, MAYO}l . ~.~ OW OAKES, CLERK o 25 50 ...........-- 50 10 Key 'Map -Former Township of Darlington o 250 ~--- 500 100 LOT LOT LOT I LOT LOT LOT LOT I LOT LOT I LOT 35 34 33 31 30 29 28 27 26 25 I I I j I I I I I I I i I 0 I I I c 000 0 . I I I t & - t f I I I , i SUBJECT I , I I SITE I I I I I , I. :1 NASH I RD. I , _J: I , LOT 24 179'10 (j) :g N ,;, d5 ~ .on co ~ N Z (j') g ~ r- CD ~ g -l !::! c::( 2 0 a: I 177'21 o a: w u i= a: :) 8 r<'l 01 Z o a: o w a: LOT 23 ~~~ ~ I I I I I I I I f -~---j I I .. This is Schedule "X" to By-law 84-~, passed this25thday of June A.D. 1984. N72033'E 179'10 O'l :g C\I ,;, d5 ~ '", co t C\I z (/) b ..J ~ I- CD 399'00 N72032'E 48.77 NI8042'W 31-14 N72032'E 20'12 NI8042'W 23.72 N72032'E 60,96 N44002'20''W 72'12 f'I"l 01 Z Ci 0:: rj w 0:: EALl G.B.RIC~ ~.~. DW, OAKES, CLERK N7Z035'50 E 117.08 N18042'W 9'91 N 18042'W 49.38 N72032'E 40,84 N72040'E 81.34 t77771 ZONE CHANGE TO SPECIAL [LLLLJ PROVISION BY-LAW 84-_. o 25 50 .........--- 50 10 d Key 'Map -Former Township of Darlington o 250 ~--- 500 100 LOT LOT LOT I LOT LOT LOT LOT I LOT 35 34 33 31 30 29 28 27 I I j I I I I I i 0 I I .. ~~~ 0 . I I t I ~ f I I I SUBJECT I I SITE I I I I I I RD. I -, I L~6T I ~~T I I I I I t f f '- i I I I I ~, _ .1.: LOT LOT 24 23 ~I~ ~ I I I I I I I I I II