HomeMy WebLinkAbout79-24
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 79- 24
A By-law to Regulate the use of lands
and the character, location and use of
buildings and structures in certain areas
of the former Village of Newcastle.
WHEREAS Section 35 of the Planning Act, R.S.O., 1970, provides that the
Council of a municipality may pass by-laws to regulate the use of lands
and the character, location and use of buildings and structures and to
prohibit certain uses of land and the erection and use of certain buildings
and structures in certain areas;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
INTRODUCTION
1 . SECTION 1
(1) SCOPE OF BY-LAW
(a) LANDS SUBJECT TO BY-LAW:
The provisions of this By-law shall apply to the lands within the
cn.rpo<ra,te Hrni t$ Of the 'fown of Newcas\Ue des i gna ted on Schedu 1 e II A II .
(b) CONFORMITY WITH BY-LAW:
No building or structure shall hereafter be erected or altered
nor shall the use of any building, structure or lot hereafter
be changed, in whole or in part, except in conformity with the
provisions of this By-law.
(c) EXISTING USES CONTINUED:
Nothing in this By-law shall prevent the use of any lot, building
or structure for any purpose prohibited by this By-law if such
lot, building or structure was lawfully used for such purpose on
the date of passing of this By-law, so long as it continues to
be used for that purpose.
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(d) BUILDING PERMIT ISSUED:
Nothing in this By-law shall prevent the erection or use of any
building or structure for a purpose prohibited by this By-law if
the plans for such building or structure were approved by the
Building Inspector prior to the date of passing of this By-law,
provided:
(i) when the building or structure is erected, it shall be
used and shall continue to be used for the purpose for
which the building permit was issued; and
(ii) the erection of such building or structure is commenced
within 2 years of the date of passing of this By-law
and provided the erection of such building or structure
is completed within a reasonable time after the erection
thereof is commenced.
(e) COMPLIANCE WITH OTHER RESTRICTIONS:
This By-law shall not be effective to reduce or mitigate any
restrictions lawfully imposed by a governmental authority having
jurisdiction to make such restrictions.
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2. INTERPRETATION OF BY-LAW
(a) SINGULAR AND PLURAL WORDS:
In this By-law, unless the context requires otherwise:
(i) words used in the singular number include the plural; and
(ii) words used in the plural include the singular number.
(b) SHALL IS MANDATORY:
In this By-law, the word "shall" is mandatory.
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(c) USED AND OCCUPIED:
In this By-law, unless the context requires otherwise:
(i) the word "used" shall include "designed to be used" and
"arranged to be used"; and
(ii) the word "occupiedll shall include IIdesigned to be occupiedll
and lIarranged to be occupiedll.
(d) BUILDING, STRUCTURE AND USE CLASSIFICATION:
In this By-law, all buildings, structures and uses named as per-
mitted uses and classified under the headings IIRESIDENTIAL USESII
or IINON-RESIDENTIAL USES" may be referred to as Residential or
Non-Residential buildings, structures or uses respectively.
3. SCHEDULES TO BY-LAW
The attached Schedule IIA" is included in and forms part of this By-law.
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SECTION 2
DEFINITIONS
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(1) "ALTER", when used in reference to a building, structure or
part thereof, means:
(a) to change anyone or more of the external dimensions of
such building or structure; or
(b) to change the type of construction of the exterior walls
or roof of such building or structure; or
(c) to change the use of such building or structure; or
(d) to change the number of uses of dwelling units contained
therein.
II ALTER II, \o,Jhen used in reference to a lot means:
(e) to change the boundary of such lot with respect to a street
or lane; or
(f) to change any dimension or area, relating to such lot, which
. is covered herein by a zone provision; or
(g) to change the of such lot; or
use
(h) to change the number of uses located thereon.
IIAL TERED" and "AL TERATIONII shall have correspondi ng meani ngs.
(2) IIBUILDINGII means any structure, consisting of walls and a roof,
which is used for shelter, accommodation or enclosure of persons,
animals, equipment, goods or materials.
(a) IIACCESSORY BUILDING" means a detached building which is
incidental, subordinate and exclusively devoted to a main
building or main use and located on the same lot therewith.
(b) "MAIN BUILDING" means the building which contains the
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principal use of the lot on which such building is located.
"BUILDING AREA" means that portion of the lot area of a lot per-
mitted to be covered by one or more building envelopes.
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(4) IIBUILDING BY-LAW means any by-law of the Corporation passed
pursuant to The Planning Act or The Building Code Act, 1974.
(5) IIBUILDING ENVELOPEII means the total area of a building cal-
culated by perpendicular projection onto a horizontal plane.
This definition shall not include:
(a) sills, belt courses, chimneys, cornices, eaves, gutters,
parapets, pilasters or similar ornamental structures unless
such structure projects more than 2 feet horizontally from
an exterior wall of the building; or
(b) unenclosed porches, balconies or steps unless such structure
projects more than 5 feet horizontally from an exterior wall
of the building.
(6) IIBUILDING HEIGHTII means the vertical distance between the finished
grade of the lot on which the building is situated and:
(a) the highest point of the roof surface of a flat roof;
(b) the deck line of a mansard roof; or
(c) the median level between eaves and ridge of a cottage, gable,
gambrel or hip roof.
(7) IIBUILDING INSPECTORII means the officer or employee of the Cor-
poration charged with the duty of enforcing the provisions of
The Building Code Act, 1974 together with any Regulations made
thereunder and the provisions of the Building By-law.
(8) IIBUILDING PERMITII means a permit required by the Building By-law.
(9) IIBUILDING SETBACKII means the least horizontal distance permitted
between a lot line of a lot and the nearest portion of any building
envelope or excavation on such lot.
(a) "BUILDING SETBACK, FRONTII means the building setback on a
lot measured from each front lot line of such lot.
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(b) IIBUILDING SETBACK, FLANK" means the building setback
on a lot measured from each flank lot line of such lot.
(c) "BUILDING SETBACK, REAR" means the building setback on a
lot measured from each rear lot line of such lot.
(d) IIBUILDING SETBACK, SIDE" means the buil ding setback on a
lot measured from each side lot line of such lot.
(10). "DAY NURSERYII means part of a detached single-family dwelling
house where facilities are provided for the day-time care of
not more than 10 children.
(11) IIDETACHEDII, when used in reference to a building, means a
building which is not dependent on any other building for
structural support or enclosure.
(12) IIDWELLING HOUSEII means a detached building occupied or capable of
being occupied as the home or residence of one or more persons.
This definition shall not include any vehicle as defined herein.
(a) IISINGLE-FAMILY DWELLING HOUSE" means a dwell ing house
containing only one dwelling unit and occupied by not
more than one family.
(13) "DWELLING UNITII means a suite of 2 or more habitable rooms,
occupied by not more than one family, in which sanitary con-
veniences are provided and in which facilities are provided for
cooking or for the installation of cooking equipment, and with
an independent entrance either directly from outside the building
or through a common corridor or vestibule inside the building.
This definition shall not include any vehicle as defined herein.
(14) IIERECTII means to build, construct, place, reconstruct or relocate
and without limiting the generality of the word, also includes:
(a) any preliminary operation such as excavating, filling or
draining;
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(b) altering any existing building or structure by an addition,
enlargement, extension or other structural change; and
(c) any work which requires a building permit.
"ERECTED" and "ERECTION" shall have corresponding meanings.
(15) "EXISTING" means existing on the date of passing of this
By-law.
(16) "FAMILYu means one or more human being related by blood, marriage
or legal adoption, or a group of not more than 3 human beings who
need not be related by blood, marriage or legal adoption, living
together as a single housekeeping unit. This definition may also
include domestic servants and not more than 2 roomers or boarders.
(17) "FINISHED GRADE" means the median elevation between the highest
and lowest points of the finished surface of the ground (mea~Mred
at the base of a building or structure) but exclusive of any
embankment in lieu of steps.
(18) "FLOOD PLAIN" means the area below the high water mark of a water-
body, as defined by the applicable Flood Plain mapping prepared
by the Conservation Authority having jurisdiction.
(19) "FLOOR AREA" means the horizontal area of a storey, measured
between the exterior faces of the exterior walls at the floor
level of such storey.
(a) "DWELLING UNIT AREA" means the aggregate of the floor areas
of all habitable rooms in a dwelling unit, excluding the
thickness of any exterior walls.
(20) "GARAGE, PRIVATE" means an accessory building or portion of a
dwelling house which is fully enclosed and used for the sheltering
of permitted vehicles. This definition shall not include a carport
or other open shelter.
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(21) "HABITABLE ROOW means a room designed to provide living, dining,
sleeping or kitchen accommodation for persons. This definition
may include a bathroom, den, library or enclosed sun room but
shall not include any private garage, carport, porch, verandah,
unfinished attic, unfinished basement or unfinished cellar.
(22) "HOME OCCUPATION" means any occupation conducted for gain or
profit within a dwelling unit. This definition may include dress-
making; hairdressing; instruction in arts, crafts, dancing or
music to not more than 6 pupils at anyone lesson; molding;
painting; sculpting; weaving; or the making or repairing of
garden or household ornaments, clothing, personal effects or
toys.
(23) llHOME PROFESSIONll means any profession practised within a dwelling
unit. This definition may include the offices of an accountant,
architect, auditor, dentist, drugless practitioner, engineer,
insurance agent, land surveyor, lawyer, medical practitioner,
notary, realtor or town planner.
(24) "LOT" means a parcel of land which is capable of being legally
conveyed in accordance with the provisions of Section 29 of The
Planning Act (R.S.O. 1970).
(a) "CORNER LOri means a lot having 4 or less lot lines and
situated at the intersection of 2 street lines which contain
an angle of not more than 135 degrees. Where such street
lines are curved, the angle of intersection of the street lines
shall be deemed to be the angle formed by the intersection of
the tangents to the street lines, drawn through the extremities
of the side lot lines. In the latter case, the corner of the
lot shall be deemed to be that point on the street line near-
est to the point of intersection of the said tangents.
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(b) "EXISTING LOT" means a lot which, on the date of passing
of this By-law, was held under distinct and separate ownership
from abutting lots as shown by a registered conveyance in the
records of the Registry Office or Land Titles Office.
(c) "FULLY SERVICED LOT" means a lot which is served by a public
water system and a sanitary sewer system.
(d) "INTERIOR LOT" means any lot which has street access, other
than a corner lot or a through lot.
(e) "THROUGH LOT" means any lot having 2 or more lot lines
abutting a street, other than a corner lot.
(25) "LOT AREA" means the total horizontal area within the lot lines
of a lot, excluding the horizontal area of any flood pain
or marsh located on such lot.
(26) "LOT FRONTAGE" means the horizontal distance between the 2 lot
lines which intersect the front lot line of a lot, such distance
being measured along a line which is parallel to the front lot
line and distant from the front lot line a distance equal to the
minimum front building setback required herein for the specified
use in the zone where such lot is located.
(27) "LOT LINE" means any boundary of a lot or the vertical projection
thereof:
(a) "FRONT LOT LINE" means, in the case of an interior lot, the
lot line dividing the lot from the street. In the case of a
corner lot, the shorter lot line abutting a street shall be
deemed to be the front lot line except that where the lot
lines abutting a street are the same length, the lot line
used for the principal entrance to the lot shall be deemed to be
the front lot line. In the case of a through lot, the lot
line used for the principal entrance to the lot shall be deemed to
be the front lot line.
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(29)
(30)
(31)
(32)
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(b) IIFLANK LOT LINEII means any lot line which abuts a street,
other than a front lot line.
(c) IIREAR LOT LINEII means any lot line which is not a front
lot line, a flank lot line or a side lot line.
(d) IISIDE LOT LINEII means a lot line which intersects a front
lot line or a flank lot line provided that, if any side
lot line or portion thereof is the rear lot line on an
abutting lot, such lot line or portion thereof shall be
deemed to be a rear lot line.
IINON-CONFORMING", when used in reference to a lot, building
or structure, means a lot, building or structure which does
not conform to one or more of the zone provisions of the zone
in which such lot, building or structure is located.
"PARKII means an area, consisting largely of open space, which
may include a recreational area, playground, playfield or similar
use, but shall not include a mobile home park or a tourist camp.
(a) "PUBLIC PARKII means a park owned or operated by the Corporation
or the Region, any local board of the Corporation or the
Region, any Conservation Authority established by the Govern-
ment of Ontario or any other Authority, Board, Commission or
Ministry established under any statute of Ontario or Canada.
"PERMITTED" means permitted by this By-law.
"PERMITTED USE" means a use which is permitted in the zone where
such use is located.
"SIGHT TRIANGLE II means the triangular space on a lot formed by 2
intersecting street lines and a line drawn from a point in one
street line across such lot to a point in the other street line,
each such point being 30 feet from the point of intersection of
the street lines (measured along the street lines). Where the 2
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street lines do not intersect at a point, the point of inter-
of the street lines shall be deemed to be the intersection
section)of the projection of the street lines or the intersection
of the tangents to the street lines.
(33) "SIGN" means a name, identification, description, device, dis-
play or illustration which is affixed to or represented directly
or indirectly upon a building, structure or lot which directs atten-
tion to an object, product, place, activity, person, institute,
organization or business.
(34) II STOREY II means that portion of a building or structure between
any floor level of such building or structure and the floor,
ceiling or roof next above such floor level.
(a) "FIRST STOREY" means the storey with its floor closest to
finished grade and having its ceiling at least 6 feet above
finished grade.
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(b) "0NE-HALF STOREY" means that portion of a building situated
wholly or partly within the roof and in which there is a
vertical dimension of at least 7.5 feet (measured from
finished floor to finished ceiling) over a floor area equal
to at least 50% of the floor area of the storey next below.
(c) "ATTIC" means that portion of a building situated wholly
or partly within the roof but which is not a one-half storey.
(d) "BASEMENT" means any storey below the first storey which is
at least 50% above finished grade (measured from finished
floor to finished ceiling).
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(e) "CELLAR" means any storey below the first storey which is
more than 50% below finished grade (measured from finished
floor to finished ceiling).
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(35) "STREETII means a public thoroughfare under the jurisdiction of
either the Corporation, the Region or the Province of Ontario.
This definition shall not include a lane or private right-of-way.
(36) "STREET ACCESS" means, when referring to a lot, that such lot
has a lot line or portion thereof which is also a street line.
(37) "STREET LINEII means the limit of a street allowance and is the
dividing line between a lot and a street.
(38) IISTREET SETBACK" means the least horizontal distance required
between the centreline of a street allowance and the nearest part
of any building envelope or excavation on a lot (measured at right
angles to such centreline).
(39) IISTRUCTUREII means anything constructed or erected, the use of
which requires location on or in the ground, or attached to some-
thing having location or or in the ground.
(40) "USEII, when used as a noun, means the purpose for which a lot,
building or structure, or any combination thereof, is designed,
arranged, occupied or maintained.
IIUSESII shall have a corresponding meaning.
"USEII shall have a corresponding meaning.
IIUSEII (when used as a verb), IIUSED" and liTO USE" shall have
corresponding meanings.
(a) "ACCESSORY USE" means a use which is incidential, subordinate
and exclusively devoted to a main building or main use and
located on the same lot therewith.
(b) "MAIN USE" means the principal use of a lot.
(41) IIYARDII means a space, appurtenant to a building, structure or
excavation, located on the same lot as the building, structure
or excavation, and which space is open, uncovered and unoccupied
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from the ground to the sky except for such accessory buildings,
structures or uses as are specifically permitted elsewhere in
this By-law.
(a) "FRONT YARD" means a yard located between the front lot
line and the nearest part of any excavation or main building
on the lot and extending across the full width of the lot.
(b) IlFLANK YARD" means a yard located between a flank lot line
and the nearest part of any excavation or main building on
the lot and extending for the full length of such flank lot
line but excluding any front yard.
(c) "REAR YARD" means a yard located between a rear lot line
and the nearest part of any excavation or main building on
the lot and extending for the full length of such rear lot
line but excluding any front yard or flank yard.
(d) "SIDE YARDIl means a yard located between a side lot line
and the nearest part of any excavation or main building on
the lot and extending for the full length of such side lot
line but excluding any front yard, flank yard or rear yard.
(42) "ZONE" means a designated area of land use shown on Schedule "A"
hereto and includes any special zone used in this By-law.
(43) "Z0NE PROVISION" means any provision of this By-law which is
listed under the heading "Z0NE PROVISIONS" and includes anything
contained in Section 3 hereof which is applicable to the zone.
(44) "Z0NE ADMINISTRATOR" means the officer or employee or the
Corporation charged with the duty of enforcing the provisions
of this By-law.
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SECTION 3 GENERAL PROVISIONS
(1) ACCESSORY USES
Any use, building or structure which is accessory to a permitted use
in a zone shall be permitted in such zone except that none of the
following accessory uses shall be permitted in any zone unless such
accessory use is listed as a permitted use in such zone:
(a) an accessory manufacturing use;
(b) a building or portion thereof used for human habitation;
(c) a gasoline pump island;
(d) a livestock building;
(e) any occupation for gain or profit conducted within or acces~~ry
to a dwelling unit;
(f) an open storage area.
(2) CONSTRUCTION USES
(a) The following uses shall be permitted in any portion of the
Zoned Area:
a building or structure incidential to construction on the lot
where such building or structure is situated, but only for as
long as it is necessary for the work in progress and until the
work is completed or abandoned.
(b) "Abandoned" in this subsection means the failure to proceed expe-
ditiously with the construction work or the failure to undertake
any construction work during any continuous 6 month period.
(3) HOME OCCUPATIONS
No home occupation shall be permitted in any portion of the Zoned Area
unless such home occupation conforms to the following provisions:
(a) SIZE:
Not more than 20% of the dwell i ng unit area shall be used for the
purpose of home occupation uses.
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(4)
(b) ACCESSORY BUILDINGS:
No accessory building shall be erected, altered or used for the
purposes of a home occupation.
(c) SALES OR RENTALS:
There shall be no goods, wares or merchandise, other than those
produced on the premises, offered or exposed for sale or rent
on such premises.
(d) EMPLOYMENT:
No person, other than a member of the family residing on the
premises, shall be engaged in the home occupation.
(e) ADVERTISING:
There shall be no external display or advertising, other than
a lawful sign, to indicate to persons outside that any part of
the dwelling house or lot is being used for a purpose other
than residential.
HOME PROFESSIONS
No home profession shall be permitted in any portion of the Zoned
Area unless such home profession conforms to the following provisions:
(a) SIZE:
Not more than 20% of the dwelling unit area shall be used for
the purpose of home profession uses.
(b) ACCESSORY BUILDINGS:
No accessory bui 1 ding sha 11 be erected, altered or used for the
purposes of a home profession.
(c) OCCUPANCY:
The dwelling unit containing the home profession shall be occupied
as a residence by the professional user.
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(d)
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EMPLOYMENT:
Not more than one person, other than an occupant of the dwelling
unit containing the home profession, shall be employed in the
home profession.
(e) ADVERTISING:
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There shall be no external display or advertising, other than a
lawful sign,to indicate to persons outside that any part of the
dwelling house or lot is being used for apurpose other than
residential.
(5) PUBLIC USES
(a) STREETS AND INSTALLATIONS:
Nothing in this By-law shall prevent the use of land for a street
or prevent the installation of a watermain, sanitary sewer main,
storm sewer main, gas main, pipeline, lighting fixture, or over-
head or underground electrical or telephone line provided that
the location of such main or line has been approved by the
corporation of the Town of Newcastle.
(b) GENERAL PROVISIONS:
Every public use shall comply with the general provisions of
this By-law as contained in Section 3 hereof.
(c) ZONES WHERE PERMITTED:
Except as provided in clause (a) hereof, the only public use
permitted in a specific zone shall be those public uses listed
as permitted uses in the said zone.
(d) ZONE PROVISIONS:
Every public use shall comply with the zone provisions of the
zone wherein such public use is located.
(e) PROVISIONS IN RESIDENTIAL ZONES:
Any above-ground non-recreational public use which is located
in a Residential zone shall be enclosed in a building designed,
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located and maintained in general harmony with the permitted
Residential buildings in such zone.
(6) SIGHT TRIANGLES
(a) USES PROHIBITED:
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Within any area defined as a sight triangle, the following
uses shall be prohibited:
(i) a building, structure or use which would obstruct the
vision of drivers of motor vehicles;
(ii) a fence, tree, hedge, bush or other vegetation, the top
of which exceeds 3.5 feet in height above the elevation
of the street;
(iii) any portion of a parking space;
(iv) a berm or other ground surface which exceeds the elevation
of the street by more than 2 feet;
(v) a sign, other than a pole sign, the body of which is not
less than 13 feet above the elevation of the centreline of
the street.
The provisions of this clause shall not apply at any intersection
controlled by traffic signal lights.
(7) SIGNS
Nothing in this By-law shall apply to prevent the erection, alteration
or use of any sign, provided such sign complies with the by-laws of
the Corporation regulating signs and provided such sign complies with
the provisions of this By-law regarding sight triangles.
(8) STORAGE OF SPECIAL VEHICLES
(a) VEHICLES PERMITTED:
. No person shall use any lot in any Residential zone for the
purpose of parking or storing a boat, motor home, snowmobile or
tourist trailer except for:
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(i) one boat which shall not exceed 27 feet in length;
(ii) one motor home which shall not exceed 27 feet in length;
(iii) two snowmobiles; or
(iv) one tourist trailer which shall not exceed 27 feet
in length, exclusive of hitch or tongue.
(b) YARDS WHERE PERMITTED:
In any Residential zone, the parking or storage of a boat,
motor home, snm-mobile or tourist trailer shall only be per-
mitted in a private garage, carport or other building and
not in any parking space or sight triangle, except that
such boat, motor home, snowmobile or tourist trailer may
be parked or stored in an interior sideyard or rear yard
but no closer than 4 feet to any lot line.
(9) SWIMMING POOLS
(a) COMPLIANCE WITH OTHER BY-LAWS:
Nothing in this By-law shall apply to prevent the erection,
alteration or use of any swimming pool, provided such
swimming pool complies with the by-laws of the Corporation
regulating swimming pools.
(b) BUILDING AREA EXEMPTION:
A swimming pool shall be considered as part of the building
area unless no part of the swimming pool or its railing
protrudes more than 5 feet above the ground level surrounding
the swimming pool.
(10) PARKING AREA REGULATIONS
(a) SIZE:
Each parking space shall be at least 20 feet long, 10 feet
wide and have a vertical clearance of at least 6 feet.
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(b) LOCATION:
The required parking area shall not form a part of any
street~ lane~ delivery space or loading space. The re-
quired parking area shall be provided on the lot occupied
by the building~ structure or use for which the said parking
area is required.
RESTRICTIONS IN RESIDENTIAL ZONES:
(c)
No person shall use any parking area or parking space in
a Residential zone except in accordance with the following:
(i) Not more than one vehicle per dwelling unit shall
be a commercial motor vehicle as defined in The
Highway Traffic Act.
(ii) The manufacturer's rated capacity of any such commercial
motor vehicle shall not exceed one ton.
ZONES
SECTION 4
(1) ZONE CLASSIFICATION
For the purpose of this By-law~ all lands within the Zoned Area
are divided into zones and are classified as follows:
One-Family Residential Zone
Environmental Protection Zone
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ONE-FAMILY RESIDENTIAL ZONE (Rl)
SECTION 5
(1) USES PERMITTED
No person shall within any Rl Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more
of the following Rl uses, namely;
a public park;
a sewage pumping station
(2)
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(c) DWELLING HOUSES PER LOT (maximum):
(d) BUILDING AREA (maximum):
(e) BUILDING SETBACK, FRONT (minimum):
(f) BUILDING SETBACK, FLANK (minimum):
(g) BUILDING SETBACKS, REAR (minima):
(i) main building
(ii) accessory building
(h) BUILDING SETBACKS, SIDE (minima):
(i) main building with attached
private garage or attached
- 1 only
- 35%
- 20 feet
- 10 feet
- 35 feet
- 4 feet
carport
(ii) main building without attached
private garage or attached
- 4 feet
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carport
- 10 feet on driveway
side; 4 feet on
other side
(iii) other accessory buildings
- 4 feet
- 4 feet
(i) BUILDING SEPARATION (minimum):
(j) BUILDING HEIGHTS (maxima):
(i) main building - 30 feet
(ii) accessory building - 15 feet
(k) DWELLING UNIT AREA (minimum): - 950 square feet
provided that for a dwelling house which contains no basement
or cellar, the minimum dwelling unit area shall be
- 1,150 square feet
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(1) PARKING SPACES (minima):
(i) dwelling house
- 1 for each
dwelling unit
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(ii) home occupation or
home profession
- the greater of:
2 per lot; or
for each 200
square feet of
net floor area or
portion thereof
devoted to the home
occupation or home
profession
(m) PARKING SPACE LOCATION:
No part of any parking space shall be located closer than
20 feet to any street line.
(n) GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
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SECTION 6
ENVIRONMENTAL PROTECTION ZONE (EP)
(1) USES PERMITTED
No person shall within any EP Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more
of the following EP uses, namely;
(a) RESIDENTIAL USES:
prohibited.
(b) NON-RESIDENTIAL USES:
a barbecue pit;
a parking area;
a public park;
a swimming pool (in ground)
a tool shed.
(2) ZONE PROVISIONS
No person shall within any EP Zone use any lot or erect, alter or
use any building or structure except in accordance with the following
provisions:
(a) BUILDING AREA (maximum):
(b) BUILDING SEPARATION (mi nimum):
(c) BUILDING HEIGHT (maximum):
- 300 square feet
for each building
- 4 feet
- 15 feet
(d) No person shall erect any building or structure within any
EP Zone without the written permission of the Ganaraska
Conservation Authority.
(e) GENERAL PROVIS IONS:
In accordance with the provisions of Section 3 hereof.
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SECTION 7
ADMINISTRATION
.
(1) ZONING ADMINISTRATOR
This By-law shall be administered by the Zoning Administrator.
(2) ISSUANCE OF BUILDING PERMITS AND LICENSES
Notwithstanding any provision of the Building By-law or any other
by-law of the Corporation to the contrary, no building permit or
license shall be issued where the proposed building, structure or
use would be in violation of any provision of this By-law.
(3) INSPECTION
(a) CONDITIONS FOR ENTRY:
Subject to clause (b) of this subsection, the Zoning Adminis-
trator, Building Inspector or any other officer or employee
of the Corporation, acting under the direction of Council, is
hereby authorized to enter, at all reasonable hours, upon any
property or premises for the purpose of carrying out his duties
under this By-law.
(b) RESTRICTIONS FOR ENTRY OF DWELLING UNITS:
.
Notwithstanding any provision of clause (a) of this subsection
to the contrary, no officer or employee of the Corporation shall
enter any room or place being used as a dwelling unit or part
thereof without the consent of the occupant except under the
authority of a search warrant issued pursuant to Section 16
of The Summary Convictions Act (R.S.O. 1970).
(4) VIOLATIONS AND PENALTIES
Every person who uses any lot, or erects, alters or uses any building
or structure or any part of any lot, building or structure in a manner
. contrary to any requirement of this By-law, or who causes or permits
such use, alteration or erection, or who violates any provision of
this By-law or causes or permits a violation, shall be guilty of an
.
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.
.
offence and upon conviction therefor, shall forfeit and pay a
penalty, at the discretion of the convicting Magistrate, not ex-
ceeding Three Hundred Dollars ($300.00), exclusive of costs, for
each such offence, and every such penalty shall be recoverable
under The Municipal Act and The Summary Convictions Act. Each
day of violation shall constitute an offence.
(5) REMEDI ES
In case any building or structure is to be erected or altered or any
part thereof is to be used, or any lot is to be used, in contravention
of any requirement of this By-law, such contravention may be restrained
by action at the instance of any ratepayer or of the Corporation
pursuant to the provisions of The Planning Act or The Municipal Act
in that behalf.
( 6 ) VAll D ITY
If any section, clause or provision of this By-law, including anything
contained in Schedule "A" attached hereto, is for any reason declared
by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of the By-law as a whole or any part thereof,
other than the section, clause or provision so declared to be invalid
and it is hereby declared to be the intention that all the remaining
sections, clauses or provisions of this By-law shall remain in full
force and effect until repealed, notwithstanding that one or more
provisions thereof shall have been declared to be invalid.
(7) EXISTING BY-LAWS
The provisions of By-law 73-15, shall no longer apply to the lands
designated on Schedule "AII hereto.
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SECTION 8
APPROVAL
This By-law shall become effective on the date hereof, subject to
receiving the approval of the Ontario Municipal Board.
THIS BY-LAW given its first reading this 26 day of March
, 1979.
THIS BY-LAW given its second reading this 26 day of March , 1979.
THIS BY-LAW read a third time and passed this 26 day of March , 1979.
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(Mayor)
(sea 1)
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SUNSET 80lA.EVARO
R.P. 656
R.P.656
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SUNSET SLVO.
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SUNSET BLVD.
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THIS IS SCHEDULE I AI TO BY-LAW
79----2L, PASSED THIS 2f) DAY OF
M::lrrn, A.D. 1979,.y ,,/
4~~&-,-..,L_;-/
G.B, RICKARD, Mayor tj,..... '" ~.~______~_SEAL)
JM MciLROY, Clerk ~
"-
1;;//1 ZONE CHANGE TO 1 RI'
~j'01 ZONE CHANGE TO 'E p'
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Onta ria
R 791701
....
Ontario Municipal Board
IN THE MA'l'TER 01' Section 35 of
The Planning Act (a.s.o. 1970,
c. 349),
... and -
IN THE MA'l'TER OF an applica1:ion
by The COrporat.ion of 'the Town
of Newcas1:le for approval of
its Resuict.ed Area By-law 79-24
. BEI'OREIl
B.A. SEABORN
Member
- and -
)
)
)
)
)
)
)
Monday, 'the 28th day of
May, 1979
M. D. DNDERSON
M...~
No objec'tions 'to approval havJ.ng been received
as required,
THE BOARD ORDERS that. By-law 79-24 is
bueby approved.
.
,
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ENTERED
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