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THE CORPORATION OF THE
TOWN OF NEWCASTLE
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By-law Number 8l- l25
being a By-law to amend Restricted Area By-law
Number 2lll, 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 2lll, as
e
amended, of the former Township of Darlington.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
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1.
By-law 21ll, as amended, is hereby further amended by adding
to Section l3 the following subsection (dd):
"(dd) Notwithstanding any provision of this by-law to the
contrary, that part of Lots 28 and 29, Concession 2,
e
designated as "SPECIAL PROVISION BY-LAW 8lJ:25" on
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 provision of this By-law 2lll,
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 shall apply.
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File NO...._..-4.i':"9..5...'L,gJ
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(i)
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-ii
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 display
area and a merchandise warehouse or storage area.
b) "Catalogue Sales Outlet" shall mean a retail establish-
met comprised of a merchandise display area and a mer-
chandise 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 lot, accessible to pedes-
trians and which is suitable for the growth and maintenance
of grass, flowers, shrubs and/or other ground cover or
landscaping including any surfaced walkways, 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
.
.
.
ii)
iii
of not more than 20 square metres, which shall not be
used for the sale of any product other than liquids
and small accessories required for the operation of
motor vehicles, but shall not include any other establish-
ment 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) "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-
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 pt~nciple 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 lounge or club where full course
meals are served.
Permitted Uses
a) a retail sales and/or service establishment for
furniture
major appliances
office furniture
iii) Zone Provisions
a) Lot Area (minimum)
b) Lot Frontage (minimum)
c) Lot Coverage (maximum)
d) Front Yard (minimum)
e) Interior Side Yard (minimum)
.
.
.
- iv -
home improvement supplies
motor vehicle equipment and accessories
a beer, liquor or wine outlet
a catalogue sales outlet
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
b)
c)
d)
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
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.
3000 square metres
30 metres
40%
15 metres
5 metres, provided that
where a side lot line
abuts a residential zone,
or abuts a lot having a
residential use situated
thereon, within l5 metres
of such common lot line,
.
.
.
- v -
a minimum sideyard of
10 metres shall be re-
quired.
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)
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
storage or warehouse space
ii) Uses listed by (ii) d)
above
1 for each lOO square netres
of gross floor area anNor
outside display area.
iii) Uses listed by (ii) e)
above
Tavern and Take-Out Restaurant
1 for each 4 persons seating
capacity or each 6 square
metres of gross floor ~a
whichever is greater.
Restaurant
1 for each 4 persons fBating
capacity or each l5 square
- vi -
.
met:r:es of gross floQr m:-ea
whichever is greater.
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 aggregaee
of the requirements for the separate portions of the build-
ing, 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 l5 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)
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
developed with common points of ingress and egress to be
vii -
.
developed in conjunction with adjacent properties,
having a minimum separation distance of approximately
75 metres from centre line to centre line, where frontigg
upon a Type B Arterial Road and l80 metres where fronting
on a Type A Arterial Road as designated by the Durham
Regional Official Plan. Notwithstanding this provision,
subject to the consideration arid 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 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.
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 movements.
l) Loading Spaces (minima)
Gross Floor Area .
Number of Spaces
500 square metres or less
o
50l to 2500 square metres
1
250l to l2,500 square metres
2
.
for every l2,500 square metres
in excess of l2,50l square metres
1 additional
- viii -
.
m) No parking or loading space shall be located within
a required side or rear yard where such yard abuts
a residential zone or a lot containing a residential
use situated thereon within l5 metres of the common
lot line.
n) No open storage, other than the display of merchan-
dise 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)
b) Lot Frontage (minimum)
c) Lot Cove rage (maximum)
d) Front Yard (minimum)
1050 square metres
35 metres
30%
l2.5 metres
e) Interior Side Yard (minimum)
5 metres provided that
where a side lot line
abuts a Residential
zone or a lot having
a residential use
situate thereon, with-
in l5 metres of such
common lot line, the
minimum side yard
shall be 10 metres.
.
A
- ix -
.
f) Exterior Side Yard (minimum)
g) Rear Yard (minimum)
12.5 metres
5 metres provided
that where a rear
lot line abuts a
residential use sit-
uate thereon, within
l5 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) Lot Depth (maximum)
30 metres provided that
where the lot is a
corner lot, the mini-
. mum 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 protection purposes, or 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) €hat the minimum distance hetween 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 located closer
..
- x -
.
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
l5 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
exte rior side lot line."
2.
Maps 21 and 22 of Schedule 'A' of By-law 2lll, as amended,
are hereby further amended by changing to "SPECIAL PROVISION
BY-LAW 81- l25 the zone deisgnation of the lands designated
"ZONE CHANGE TO SPECIAL PROVISION BY-LAW 8l~2j' on the attached
Schedule "X" hereto.
.
3.
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.,
19 70.
BY-LAW READ a first time this 21st 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.
(seal)
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G. B. RICKARD, MAYOR
LO~J-W()A
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D. W. OAKES, CLERK
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THIS IS SCHEDULE lX' TO BY-LAW 81-~,
PASSED THIS 21st DAY OF SePtembeA.D. 1981.
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D.W.Oakes, Clerk
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35 34 33 31 30 I 29 28 I 27 26 25
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FORMER TOWNSHIP OF DARLINGTON
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Ontario Municipal Board
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II 820779
Ontario Municipal Board
IN THE MA'l"l'ER OF Sect.ion 39 of
The Planninq Act: (R.S.O. 1980,
a. 379),
- and -
IN 'l'BE MAftER OF an applica1:ion
by t:he Corpora1:ion of 1:he Town of
Newoastle for approval of i1:s
Resi:r1c'ted Area By-law 81-125 as
amended by By-law 82-37
BEFORE.
. !r.F. BAINES, a.C.
Member
]
]
]
]
Tuesday, 'the 91:h day
of November, 1982
UIS APPLICATION coming on for public hearing 'this day and
aft.er the hearing of 'the application,
'filE BOARD OItO:!BS 'tha1: By-law 81-125 as amended by By-law 82-37
1s hereby approved.
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SECRETARY
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