HomeMy WebLinkAbout81-123
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
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BY-LAW #............;.
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By-law Number 81- 123
a By.....law to. amend Rel?,tt~~ct Atea RY"'"laW'
Number 2111, as. amended, of the form,e'( Townshi:p
of Darlington now in the Town of Newcas,tle.
WHEREAS the Council of the Corpo.tation of the Town of Newca.s:tle
deems it advisable to amend Restri,cted Ar:ea By-law Number: 2111,
Jt
as amended, of the former Township of Darlington;
NOW THEREFORE the Council of the Town of Newcastle ENACTS as
follows:
1.
By-law 2111, as amended, is hereby further amended by
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adding to. Section 13 the fo.llowing subsectio.n (bb):
"(bb) No.twithstanding any pro.visio.n o.f this By-law to
the co.ntrary, tho.se parts of lots 32, 33, 34 and
35, Co.ncessio.n II, designated "SPECIAL PROVISION
e
BY-LAW 81-12' on Schedule IAI hereto shall only
be used in accordance with the following pro.visio.ns.
In the event that there is any co.nflict between the
pro.visio.ns o.f this SPEC1AL PROVISION and any other
pro.visio.n o.f this By-law 2111, as amended, then the
pro.visio.ns of this SPECIAL PROVISION shall apply, but
in the event that this SPECIAL PROVISION is silent o.n
any matter, then the pro.visions of this By-law 2111, as
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amended, shall apply. The Block Number cited herein refers
to the Block number indicated o.n Schedule "X-2" hereto..
I File No._____.__-Wl-,--~.5.-"J.':IL----1
- ii -
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(i) Definitions
For the purposes of this SPECIAL PROVISION:
a) "Beer, Liquor or Wine Outlet" shall mean a retail
establishment where beer, liquor or wine are offered
for sale, comprised of a merchandise pick-up and dis-
play area and a merchandise warehouse or storage area.
b) "Catalogue Sales Outlet" shall mean a retail establish-
ment 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.
"Landscaped Area" shall mean the open unobstructed space
c)
.
from ground to sky, at grade on a lot, accessible to
pedes trians and which is sui table for the growth and
maintenance of grass, flowers, shrubs and/or other
ground cover or landscaping including any surfaced walk-
ways, patios or similar area but not including 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.
d) "Lot Coverage" shall mean the percentage of the total
lot area which may be occupied by buildings and/or outside
display areas.
e) "Motor Vehicle Gasoline Bar" shall mean one or more pump
islands, eaCh consisting of one or more gasoline or diesel
fuel pumps, and an attendant's shelter having a floor area
of not more than 20.0 square metres, which shall not be
.
used for the sale of any product
other than liquids and
- iii -
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small accessories required for the operation of motor
vehicles, but shall not include any other establishment
otherwise defined or classified in this By-law. For the
purposes of this By-law, an automobile washing facility
shall be considered as a permitted use accessory to a
"Motor Vehicle Gasoline Bar".
f) I'Motor Vehicle Service Station" shall mean an establish-
ment engaged in the retail sale of gasoline, diesel fuel
or other petroleum products and new motor vehicle acces-
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sories, and where motor vehicle maintenance, inspection,
repair or washing operations may be carried out, but shall
not include bodywork to, painting or sale of, motor vehicles.
g) "Recreational Club or Facility" shall mean a private or
public establishment, the principle use of which shall be
recreational or athletic activities.
h) "Required Yard" shall mean the minimum yard required by
this By-law.
i) "Tavern" shall mean a building where alcoholic beverages
are sold for consumption on the premises only and shall
include a lounge, beverage room or public house licenced
under the Liquor Licence Act of Ontario, but excluding a
dining room, dining lotmge or club where full course meals
are served.
.
ii) Permitted Uses
a) a retail sales and/or service establishment for
furniture
major appliances
office furniture
- iv -
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home improvement supplies
motor vehicle equipment and accessories
b) a beer, liquor or wine outlet
c) a catalogue sales outlet
d) a retail sales and/or service establishment, with
outdoor display areas for
shrubs, flowers and other related nursery stock
and garden supplies
recreational vehicles, equipment and accessories
motor vehicles, equipment and accessories
e) a restaurant, tavern or take-out restaurant
f) a bowling alley, roller skating rink, assembly
hall, banquet hall, fraternal organization clubhouse
or a recreational club or facility
g) a hotel or motel
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h) an animal hospital or veterinary clinic
i) offices, located on a second floor only, unless
directly related to the primary use(s) of the
ground floor
j) Notwithstanding any prov1s10n of this by-law to the con-
trary, uses existing at the date of passing of this By-law,
located within BLOCK 11' as outlined on Schedule "X-2" hereto,
shall for the purposes of this By-law be considered as per-
mitted uses within said BLOCK '1' in addition to those other
uses permitted within the area subject of this "SPECIAL
PROVISION BY-LAW".
k) Notwithstanding any prOV1S1.0n of this by-law to the con-
trary, nothing in this by-law shall prevent the use of
any land, building or structure for any use not specifically
permitted by this by-law, if such land, building or structure
was legally used for such purpose on the date of passing of
this by-law.
iii) Zone Provisions
a) Lot Area (minimum) 3500 square metres
. b) Lot Frontage (minimum) 30 metres
c) Lot Coverage (maximum) 40%
d) Front Yard (minimum) 15 metres
- v -
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e) Interior Side Yard (minimum)
5 metres provided that where
a side lot line abuts a resi-
dential zone, or abuts a lot
having a residential use sit-
uated thereon, within 15 metres
of such common lot line, a min-
imum side yard of 10 metres
shall be required.
f) Exterior Side Yard (minimum)
10 metres
g) Rear Yard (minimum)
5 metres, provided that
where a rear lot line abuts
a residential zone, or abuts
a lot having a residential
use situated thereon, within
15 metres of such common lot
line, the minimum rear yard
shall be 10 metres.
.
h) Landscaped Area (minimum)
20%
i) Building Height (maximum)
10 metres
j) Parking Spaces (minima)
i) Uses listed by (ii)a),b)
and c) above
1 for each 20 square metres
of gross floor area of dis-
play area plus 1 for each 100
square metres of gross floor
area of storage or warehouse
sp ace.
ii) Uses listed by (ii)d)
above
1 for each 100 square metres
of gross floor area and/or
outside display area.
.
- vi -
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iii) Uses Listed by (ii)e)
above
Tavern and Take-Out Restaurant
1 for each 4 persons seating
capaci ty or each 6 square
metres of gross floor area
whichever is greater.
Restaurant
1 for each 4 persons seating
capacity or each 15 square
metres of gross floor area
whichever is greater.
iv) Uses listed by (ii)f)
above
1 for each 6 persons seating
capacity or each 20 square
metres of gross floor area
whichever is greater.
.
v) Uses listed by (ii)g)
above
1 for each guest room or unit
vi) Uses listed by (ii)h)
above
3 for each practitioner
vii) Uses listed by (ii)i)
above
1 for each 20 square metres
of gross floor area
viii) Uses permitted by (ii)j)
above
in addition to all other per-
mitted uses 1 for each 10
square metres of gross floor
area.
ix) Where a building, structure or site accommodates more than
one of the uses listed by Section (ii) "Permitted Uses",
the parking space requIrement shall be the aggregate of the
requirements for the separate portions of the building,
structure, or site occupied by such separate use.
.
- vii
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x) Where a parking area abuts a residential zone or a lot
having a residential use situate thereon within 15 metres
of the common lot line, all lighting facilities shall be
so designed and arranged as to direct and/or reflect the
light away from that residential zone or use.
k) i) Ingress and Egress
With the exception of ingress and egress provided in
association with a motor vehicle service station or a
motor vehicle gasoline bar, all other uses shall be de-
veloped with common points of ingress and egress, to be
developed in conjunction with adjacent properties, having
a minimum separation distance of 75 metres from centre
line to centre line, where fronting upon a Type B Arterial
Road and 180 metres where fronting upon a Type A Arterial
Road as designated by the Durham Regional Official Plan.
Notwithstanding this provision, subject to the consider-
ation and approval of the Council having jurisdiction,
temporary direct access to an arterial road may be per-
mitted until a permanent access via a common point of
ingress and egress is available.
ii) The distance between an intersection of street lines
and the nearest point of ingress and egress for a use,
other than a motor vehicle service station or motor
vehicle gasoline bar, shall be 50 metres, except for
temporary points of access as may be approved by the
Council having jurisdiction.
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.
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- viii -
iii) All common points of ingress and ~gress shall not
exceed 10 metres in width and shall provide for one
ingress lane and two egress lanes for turning move-
ments.
1) Loading Spaces (minima)
Gross Floor Area
Number of Spaces
500 sq. metres or less
501 to 2500 sq. metres
2501 to 12,500 sq. metres
for every 12,500 sq. metres
in excess of 12,501 sq. metres
o
1
2
1 additional
m) No parking or loading space shall be located within a
required side or rear yard where such yard abuts a resi-
dential zone or a lot containing a residential use situated
thereon within 15 metres of the common lot line.
n) No open storage, other than the display of merchandise
associated with a.use permitted by Section (ii) d) above,
shall be permitted.
0) No outdoor display of merchandise shall be permitted within
any required yard.
iv) Other Permitted Uses
.
In addition to the uses permitted by Section (ii) above the
lands subject to this SPECIAL PROVISION may also be used for
the purposes of a "Motor Vehicle Gasoline Bar" and a "Motor
Vehicle Service Station" in accordance with the following
provisions:
a) Lot Area (minimum)
1050 square metres
- ix -
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b) Lot Frontage (minimum)
c) Lot Coverage (maximum)
d) Front Yard (minimum)
e) Interior Side Yard (minimum)
35 metres
30%
12.5 metres
5 metres provided that
where a side lot line abuts
a Residential zone or a lot
having a residential use sit-
uate thereon, within 15 metres
of such common lot line the
minimum side yard shall be
10 metres.
f) Exterior Side Yard (minimum)
g) Rear Yard (minimum)
12.5 metres
.
5 metres provided that where
a rear lot line abuts a Resi-
dential zone or a lot having
a residential use situate
thereon, within 15 metres of
such common lot line the min-
imum rear yard shall be 10
metres.
h) Landscaped Area (minimum)
i) Building Height (maximum)
j) Lot Depth (minimum)
20%
10 metres
30 metres provided that where
the lot is a corner lot, the
minimum lot depth shall be 35
metres
k)
Pump Locations
Notwithstanding any other provisions of this By-law to the
contrary, a gasoline or diesel fuel pump island and/or an
overhanging canopy, cover or shelter, intended for weather
.
- x -
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protection purposes, on an attendant's shelter, as
part of a "Motor Vehicle Gasoline Bar" or a "Motor
Vehicle Service Station", may be located within any
front or exterior side yard provided:
(i) that the minimum distance between any portion of
any pump island or overhanging structure and any
street line shall be 4.5 metres; and that
(ii) where the lot is a corner lot no portion of any
pump island or overhanging structure shall be lo-
cated closer than 3.0 metres to a straight line
between a point in the front lot line and a point
in the exterior side lot line, each such point being
a distance of 15 metres from the intersection of such
lines, or 4.5 metres to the street line where such
street line forms a diagonal between the front lot
line and the exterior side lot line."
2. Map 21 of Schedule 'A' of By-law 2111, as amended, is hereby
further amended by changing to "SPECIAL PROVISION BY-LAW 8l-12~
the zone designation of the lands designated "ZONE CHANGE TO
SPECIAL PROVISION BY-LAW 81-129 on the attached Schedules "X"
and "X-I" hereto.
3. Schedule "X-2" to By-law 8l-l23shall form part of this SPECIAL
PROVISION.
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- xi -
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4. This By-law shall come into effect on the date hereof, subject
to the provisions of Section 35(10) of the Planning Act, R.S.O.
19 70 .
BY-LAW READ a first time this 2lstday of September
, A.D. 1981.
BY-LAW READ a second time this 21st day of September
, A.D. 1981.
BY-LAW READ a third time and finally passed this 21st day of September
A.D. 1981.
(seal)
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D. W. OAKES, CLERK
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THIS IS SCHEDULE 'X' TO BY-LAW 81-llLi
PASSED THIS 21st' DAY OF SeptembeA.D. 1981.
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David W, Oakes, Clerk
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THIS IS SCHEDULE IX-II TO BY-LAW 81-JdL,
PASSED THIS 21st DAY OF SeptembeA.D. 1981.
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ZONE CHANGE TO SPECI AL
PROVISION BY-LAW 81-123,
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D,W.Oakes, Clerk
THIS IS SCHEDULE IX_21 TO BY-LAW 81-E2...,
PASSED THIS 21st DAY OF SeptembeA. D. 1981.
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