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Home My WebLink About81-124 #i, -." .-.......-:.f...~-~ ''''''-'-~_.' '-tr- ...;llr _.m'_..~ .-. ../!' 1iP {jt~ ~y ,.pG'-';/ _ ~ '~, . .../V,I /' '''... /1 if ~ AMENDED ~ _ 03<2> ;"y.LP,W ~............ THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 81-124 being a By-law to amend Restricted Area 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 advisable to amend Restricted Area By-law Number 2111, e as amended, of the former Township of Darlington; NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. By-law 2111, as amended, is hereby further amended by adding \. to Section 13 the following subsection (cc): "(cc) Notwithstanding any provision of this by-law to the contrary, that part of Lot 34, Concession II, designated as "SPECIAL PROVISION BY-LAW 81-124' on Schedule 'A' e hereto shall only be used in accordance with the follow- ing provisions. In the event that there is any conflict between the provisions of this SPECIAL PROVISION and any other provision 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 this By-law 2111, as amended, shall apply. The Block numbers cited herein refer to Block numbers indicated on Schedule "X-I" hereto. -. 'J hre NO.nn(QQ..,.J.5.,..L.'li!..._.../ - ii - . (i) Definitions - Blocks 1, 2 and 3 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 display 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. c) "Landscaped Area" shall mean the open unobstructed space from ground to sky, at grade on a lGt, accessible to pedestrians and which is suitable 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) "Recreational Club or Facility" shall mean a private or public establishment, the principle use of which shall be recreational or athletic activities. . - iii - . f) "Required Yard" shall mean the minimum yard required by this By-law. g) "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 lounge or club where full course meals are served. (ii) Permitted Uses - Blocks l, 2 and 3 . a) a retail sales and/or service establishment for -,furniture major appliances office furniture 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 organiation, clubhouse or a recreational club or facility g) a hotel or motel 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 - iv - . j) Notwithstanding any provision of this by-law to the contrary, 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 - Blocks 1, 2 and 3 a) Lot Area (minimum) (i) Block 1 7000 sq uare metres (ii) Block 2 3500 square metres (iii) Block 3 3500 square metres b) Lot Frontage (minimum) (i) Block 1 75 metres (ii) Block 2 30 metres (iii) Block 3 30 metres . c) Lot Coverage (maximum) 40% d) Front Yard (minimum) l5 metres 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 situated thereon, within l5 metres of such common lot lfue, a minimum side yard of 10 metres shall be required. f) Exterior Side Yard (minimum) lO metres . - v - . g) Rear Yard (minimum) 5 metres, provided that where a rear lot line abuts a residential zone or a lot having a resi- dential use situated thereon, within 15 metres of such common lot line the minimum rear yard shall be lO metres. h) Landscaped Area (minimum) 20% i) Building Height (maximum) lO 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 display area plus 1 for each lOO square metres of gross floor area of stor- age or warehouse space. . ii) Uses listed by (ii)d) above 1 for each 100 square metres of gross floor area and/or outside display area. iii) Uses listed by (ii)e) above Tavern or Take-out Restaurant 1 for each 4 persons seat- ing capacity or each 6 square metres of gross floor area whichever is . greater. Restaurant 1 for each 4 persons seat- ing capaci ty or each l5 square metres of gross floor area whichever is greater. .r - vi - . iv) Uses listed by (ii)f) above 1 for each 6 persons seat- ing 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) 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 por- tions of the building, structure, or site occupied by such separate uses. ix) 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) Ingress and Egress i) All uses shall be developed with common points of ingress and egress, to be developed in conjunction with adjacent properties and having a minimum separation distance of . 75 metres from centre line to centre line, where fronting - vii - . 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 consideration and approval of the Council having jurisdiction, temporary direct access to an ar- terial road may be permitted until a permanent access via a common point of ingress and egress is available. ii) The distance between an intersection of streetlines 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. iii) All common points of ingress and egress shall not exceed lO metres in width and shall provide for one ingress lane and two egress lanes for turning move- ments. l) Loading Spaces (minima) Gross Floor Area Number of Spaces 500 sq. metres or less 0 50l to 2500 sq. metres 1 250l to l2,500 sq. metres 2 for every 12,500 sq. metres in excess of l2,50l sq. metres 1 additional m) No parking or loading space shall be located within . a required side or rear yard where such yard abuts - viii - . a residential 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." 2. Map 2l of Schedule A of By-law 2lll, as amended, is hereby further amended by changing to Special Provision By-law 8l-l24 the zone designation of the lands designated "ZONE CHANGE TO SPECIAL PROVISION BY-LAW 8l-l24" on the attached Schedule "X" hereto. . 3. Schedule "X-I" to By-law 8l-l24shall form part of this SPECIAL PROVISION. 4. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35(lO) of the Planning Act, R.S.O. 1970. BY-LAW READ a first time this2lst day 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. /4~~~ - G. B. RICKARD, YOR (seal) .~ . D. W. OAKES, CLERK "'. THIS IS SCHEDULE 'x' TO BY-LAW 81-11L, PASSED THIS 21st DAY OF SeptemberA. D. 1981. ZONE CHANGE TO SPECIAL PROVISION BY-LAW 81-~. : : ~ : ..::! ::.: :..........' : ".: .... 10 /'f) . .. ........ ....... ;.... :...: ; ..:.:: ::;.. :::: :.::: ~....~. ~::: "C C C ~ /'f) ..... .....:. : ...;. ~..."..: :....:. I:.~ Zw HIGHWAY Ou I-z ~~ -.Jg D::-.J ~<C o <C o 0:: o 25 50 1_ 20 loom~ '\CJ ~~~ --- . .~. .' >z~ G.~~. jCkard ,JIt,a,:.or. . JL!{0 ~ek_y~ D. w. Oakes, Clerk , lO /'f) "C C 0 . 0 ~~ mrr> (/) E .- N 0 N z-' V IX) 0 IX) '-z C>w Zw -'3= G::.- <3:w Om w u z ~ 0 :...J -' <( 0 <( 0 a:: I 10 5 THIS IS SCHEDULE 'X'f TO BY-LAW 81--lll., PASSED THIS 2lst DAY OF SeptemberA.D. 1981. . ... " . . . " . :....... : .., .-: :.... :,,:. .. . ........:.1 ........: :\i :.. .' ::.... 80.678m y! I I / I I I BLOCK 1 E I - -----,---,---- ~ BLOCK I I ~ I I I I I I I I I I I I I I I I I I I ~79'79/" I I -----------_. HIGHWAY N!l 40.231m 37'914m ----j o 10 20 40m~. I \D 4~~./ G.B.ro~ D.W.Oakes, Clerk , '. ~ ~ LOT LOT LOT LOT . LOT LOT LOT LOT LOT I 35 34 31 30 29 28 27 26 25 ~ ~ ~ I I ci I . I III I u j: I . C III :. I c 0 u I 0 I I I; I I I I I I I I I SUB~ECT : coumc~ ~ I SITE, I I I I I .. I I . I I I I I I I I I I 0 I I c I I 0 ~~ I . I I I I I I I I j I c I I . I 0 I I . I III l I I c I I I Ill: tlONAL 'II U J J I 'ACI"C I ."ILW'" ~ C"."".. KEY MAP FOR BY-LAW 81- 124. FORMER TOWNSHIP OF DARLINGTON o ~___. ~w"- 500 500 1000m :;;:~Irlt"" r,"-?:;:~ !l;; ::;a ~ ~