Loading...
HomeMy WebLinkAbout83-83 ~-- ..11/1' ~.. .. . AMENDED BY AMENDED BY AMENDED BY J BY.LAW 1i.~.:P.~;1.. BY.LAW if:L:J2.~ BY.LAW ~;'~1: A .......,,~, AMENDeD SY MENDED~' \ THE CORPORATI ON OF THE TOWN OF NEWCASTLE BY-LAWI.'J..~.-.~.?~. BY-LAW, _ rY ... 1\ BY-LAW NUMBER 83- 83 AMENDED BV~\ I 1..0 pY.LAW #P.'Y.. u for the Town ATTACHMENT 2 e' . being a By-law to constitute a Committee of Adjustment of Newcastle pursuant to the Planning Act, 1983. WHEREAS Section 43 of the Planning Act, 1983, provides that the by-laws may be passed to constitute and appoint a Committee of Adjustment for the Municipality composed of such persons, not fewer than three, as the Council considers advisable; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle, pursuant to Section 43 of the Planning Act, 1983, enacts as fo 11 ows : 1. That a Committee of Adjustment within the meaning of the Planning Act, 1983, composed of six (6) persons is hereby constituted for the Town of Newcastle. 2. That the members of the Committee of Adjustment shall hold office for the term of the Council that appointed them. 3. That the members of the Committee of Adjustment shall hold office until their successors are appointed, and shall be eligible for re-appointment. 4. Where a member of the Committee ceases to be a member before the expiration of his term, the Council of the Town of Newcastle shall appoint another eligible person for the unexpired portion of the term. 5. Three (3) members of the Committee of Adjustment shall constitute a quorum. 6. The members of the Committee of Adjustment shall elect one of themselves as Chairperson, and when the Chairperson is absent through illness or otherwise, the Committee may appoint another member to act as Chairperson pro tempora. 7. The Committee shall appoint a Secretary-Treasurer who may be a member of the Committee and may engage such employees and consultants as is considered expedient within the limits of the monies appropriated for the purpose. 8. The members of the Committee shall be paid such compensation as the Council may provide from time to time. I File NO.n.!tQ'nl.'...Ln.n....._.nnn..l ,,--..,_.... ..,,_..~' . l , - 2 - 9. The Secretary-Treasurer shall keep on file minutes and records of all applications and the decisions thereon, and of all other official business of the Committee, and Section 78 of the Municipal Act applies with the necessary modifications to such documents. 10. In addition to complying with the requirements of the Planning Act, 1980, the Committee shall comply with such Rules of Procedure as are prescribed. 11. The following persons are hereby appointed members of the Committee of Adjustment of the Town of Newcaste: Mr. T. F. Rehder, 5 Beech Avenue, Bowmanville, Ontario Mr. H. C. Muir, R.R. # 6, Bowmanville, Ontario Mrs. Jean Payne, R.R. # 3, Newcastle, Ontario Mr. Arnold Reicheld, P.O. Box 433, Newcastle, Ontario Mr. J. P. Murdoch, 243 Liberty Street North, Bowmanville, Ontario Mr. Wesley J. Yellowlees, R.R. # 1, Hampton, Ontario 12. The Committee of Adjustment, upon the application of the owner of any land, building or structure affected by any by-law as passed pursuant to Section 34 or 37 of the Planning Act, 1983, or a predecessor of such Sections, or any person authorized in writing by the owner, may, despite any other act, authorize such minor variance from the provisions of the by-law in respect of the land, building or structure or the use thereof as, in its opinion, is desirable for the appropriate development or use of the land, building or structure, provided that in the opinion of the Committee, the general intent and purpose of the by-law and of the official plan, are maintained. 13. In addition to its powers under paragraph 12, the Committee, upon any such application, where any land, building or structure on the day the by-law was passed was lawfully used for a purpose prohibited by the by-law, may permit: a) the enlargement or extension of the building or structure, provided that the use that was made of the building or structure on the day the by-law was passed, or a use permitted under sub-clause b) hereof continued until the date of the application to the Committee, but no permission may be given to enlarge or extend the building or structure beyond the limits of the land owned and used in connection therewith on the date the by-law was passed; or III '1o" "'" - 3 - b) the use of such land, building or structure for a purpose that, in the in the opinion of the Committee, is similar to the purpose for which it was used on the date the by-law was passed, or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the date the by-law was passed, or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the date the by-law was passed, provided that the use for a purpose prohibited by the by-law or another for a purpose previously permitted by the Committee continued until the date of the application to the Committee, or c) where the use of lands, buildings or structures permitted in the by-law are defined in general terms, may permit the use of any land, building or structure for any purpose that in the opinion of the Committee conforms with the uses permitted in the by-law. 14. In addition to its powers under paragraph 12 and 13, a Committee of Adjustment, upon approval of a district plan for the Town of Newcastle incorporating policies in respect of the regulation of signs and other advertising devices, shall also be empowered to grant minor variances from the provisions of by-law 76-25, as amended, of the Corporation of the Town of Newcastle, being a comprehensive Sign By-law. 15. That all by-laws of the Corporation of the Town of Newcastle constituting a Committee of Adjustment or appointing members thereto are hereby repealed. BY-LAW read a fi rst time thi s 13th day of BY-LAW read a second time this 13th day of BY-LAW read a third time and finally passed June 1983 June June this 1983 1983 13th day of ~~ AY R ~1kA ~ . CLERK