HomeMy WebLinkAbout75-66
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THE CORPORATION OF THE TOVlN OF NE\hJCASTLE
BY-LAW NUMBER 75-66
Being, a by-law to amend Zoning By-law Number 1587 of
the former Town of Bowmanv.ille
WHEREAS the Municipal Council of the Town of Newcastle wishes to
permit the construction of a mixed use corrmercial and residential develop-
ment on certain lands located on the north side of King Street between
Division Street and George Street in Bowmanville;
NOW THEREFORE, the Municipal Council of the Corporation of the
Town of Newcastle, pursuant to Section 35 of the Planning Act, R.S.O. 1970,
Chapter 349, and amendments thereto, hereby ENACTS as follows:
1. By-law Number 1587 is hereby amended by adding
thereto the following Section l6A:
SECTION l6A DOWNTOWN COMMERCIAL-RESIDENTIAL CRD ZONE
(1) USES PERMITTED
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No person shall within any CRD Zone use any lot or erect
or use any building or structure for any purpose except
one or more of the following CRD uses; namely:
(a) RESIDENTIAL USES:
an apartment house located above one or more
permitted non-residential uses and contained
in the same building therewith.
(b) NON-RESIDENTIAL USES:
a billiard room;
a business office;
a clinic;
a commercial school;
a dry cleaning or laundry outlet;
a financial office;
a laundromat;
a merchandise service shop;
a personal service shop;
a professional office;
a public use;
a restaurant;
a retail store;
a theatre
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(2) ZONE PROVISIONS
No person shall within any CRD Zone use any lot or
erect7 alter or use any building or structure unless
such lot is served by a public water system and a
sanitary sewer system and except in accordance with
the following provisions:
(s) LOT AREA (minimum):
(i) Apartment house containing
not more than 6 dwelling
units - 10,000 square feet
(ii) Apartment house containing
more than 6 dwelling units
(b) LOT FRONTAGE (minimum):
(c) FRONT YARD (minimum):
(i) Non-residential uses
(ii) Apartment house
(d) EXTERIOR SIDE YARD (minimum):
(i) Non-residential uses
(ii) Apartment house
- 900 square feet per
dwelling unit
- 90 feet
- 10 feet
- 35 feet
- 10 feet
- 25 feet
(e) INTERIOR SIDE YARD (minimum): - none required,
provided that where the interior side lot line
abuts a zone other than a Commercial Zone, the
minimum interior side yard width shall be
- 25 feet.
(f) REAR YARD (minimum):
(i) Apartment house
(ii) Non-residential uses
(g)
MINI~illM FLOOR AREA PER
DWELLING UNIT:
(i) Bachelor dwelling unit
(ii) One bedroom dwelling unit
(iii) Two bedroom dwelling unit
(iv) Three bedroom dwelling unit
(v) Dwelling unit containing
more than three bedrooms
(h) LOT COVERAGE (maximum):
(i) Non-residential uses
(ii) Apartment house
- 35 feet
- 35 feet
- 450 square feet
- 600 square feet
- 750 square feet
- 850 square feet
- 925 square feet,
plus an additional
75 square feet for
each bedroom in
excess of 4
- 75%
35%
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. (2) ZONE PROVISIONS (continued)....
(1) HEIGHT (maximum: - 40 feet,
except that if any portion of a building is erected
above a height of 40 feet, the required yard dimen-
sions applicable to such portion of the building
shall be increased by 1 foot for each 1 foot by
which such building exceeds a height of 40 feet.
Such provision shall not apply to an interior side
yard if the interior side lot line abuts a Commer-
cial or Institutional Zone nor shall such provision
apply to a rear yard if the rear lot line abuts a
Commercial or Institutional Zone.
(j) LOCATION OF DWELLING UNITS:
No dwelling unit shall be located except in any
storey above the first storey.
(k) DWELLING HOUSES PER LOT (maximum): - 1 only
(1) HABITABLE ROOM WINDOW:
Where the exterior wall of an apratment dwelling
house contains a habitable room window, such wall
shall be located no less than 25 feet from any
interior side lot line.
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(m) LANDSCAPED OPEN SPACE (minimum):
Notwithstanding the provisions of Section 3(51)
hereof to the contrary, the lands designated as
landscaped open space for an apartment dwelling
house may be located above finished grade but
not above a height of 30 feet.
(i) Apartment house
- 35% which may
include a play
area
(ii) Non-resdiential uses
- 10%
(n) PLAY AREAS:
A play area shall be provided on each lot contain-
ing more than 10 dwelling units in accordance with
the following:
(i) Minimum area
(ii) Location
- 4% of the lot
area
- not in a required
front yard
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(0) PARKING:
Notwithstanding the provisions of Section 7.16 hereof
to the contrary, off-street parking facilities shall
be provided and maintained upon the same lot on which
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(2) ZONE PROVISIONS
(0) PARKING: (continued)....
the principal use is located in accordance with
the following provisions.
TYDe of Use Minimum Parkin~ Soace Reauirement
Apartment house - 1.25 parking spaces per dwelling
unit
Other uses None
(p)
INDOOR PARKING BONUS:
Notwithstanding the provlslons of Section l6A
(2)(a) hereof to the contrary~ if more than
one half of the required parking spaces for
the apartment house are provided within the
main building or underground on the same lot
therewith~ the minimum lot area per dwelling
unit may be reduced to 800 square feet per
dwelling unit.
(q) YARD MEASURElJIENT:
Notwithstanding the provisions of Section 3.90
to the contrary, no area of land shall be deemed
not to be a yard appurtenant to an apartment
house solely because such area of land is occ-
upied by a permitted non-residential building,
structure or use whose height does not exceed
4 feet above the floor level of the lowest
dwelling unit in such apartment house.
2, Section 5.1 of By-law Number 1587 is hereby
amended by inserting it1mediately below the word
"Commercialll, the words IIDowntown Commercial
Residentialll and be inserting immediately below
the symbol "c" the symbol "CRDII.
3. Map 3 of Schedule IIA" to By-law Number 1587 is
hereby amended by changing to CRD the zone des-
ignation of the lands indicated "ZONE CHANGE TO
CRD" on the attached Schedule "XII hereto.
4. Section 7.22(a) of By-law Number 1587 is hereby
amended by inserting the words IICRD Downtown
Commercial-Residentialll immediately below the
words "RM3 High Density Apartmentsll.
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5. No part of this By-law comes into force without
the approval of the Ontario Municipal Board,but,
subject to such approval, this By-law takes effect
on the date hereof.
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THIS BY-LAW read a first time this day of . A.D. 1975.
THIS BY-LAW read a second time this /qJ# day of !tt4u,rr A.D. 1975.
THIS BY-LAW read a third time and finally passed this / t{ .u'L day of
4-u, fu ,-r A.D. 1975.
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Ontario
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Form R-6
Ontario
Municipal
Board
416/965-1912
123 Edward Street
Toronto Ontario
M5G 1 E5
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The Clerk,
Town of Newcastle,
40 Temperance St.,
BOWMANVILLE, Ontario.
LIC 3A6
L..
I?U1~ ~~ ~urber
March 18,1976
Dear Sir
Re: Town of Newcastle
Restricted Area By-law 75-66
Enclosed is documentation as follows:
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Copy of Decision dated
Copy of Decision dated
(Signed Duplicate Original to follow)
[] Duplicate Original of Decision dated
[] Copy of Board's Order made
KJ Duplicate Original of Board's Order
made on the 17th day of March, 1976
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[] Appointment for Hearing
Yours truly
GD./ed:
Enclosure
C. Saruyama
Supervisor
Planning Administration
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RECE:IVED
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TOWN 'Of NlWCAI1U
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R 751957
Ontario Municipal Board
IN THE MATTER OF Section 35 of
The Planning Act (R.S.O. 1970,
c.349),
- and -
IN THE MATTER OF an application
by The Corporation of the Town
of Newcastle for approval of
its Restricted Area By-law 75-66
)
)
) WedneSday, the 17th day of
)
) March, 1976
)
)
BEFORE:
W. H. PALMER,
Chairman
- and -
A. L. McCRAE,
Vice-Chairman
No objections to approval having been received
as required,
approved.
THE BOARD ORDERS that By-law 75-66 1s hereby
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K. C. ANDREWS
SECRETARY
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MAR 1 9 1976
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R 751957
Ontario Municipal Board
IN THR MA'l"l'BR OF SeoUon 35 of
The Planning Act (R.s.a. 1970,
c. 349),
- and -
I, H'
IN THE MATTER OF an application
by The Corporation of the Town
of Newcastle for approval of
its Restricted Area By-law 75-66
BEFORE:
w. H. PALMER,
Chaiplan
- and -
)
)
) Wednesday, the 17th day of
)
) March, 1976
)
)
A. L. McCRAE,
Vice-chairman
No objections to approval having been received
as required;
.
THE BOARD ORDERS that By-law 75-66 1. hereby
approved.
K. C. ANDREWS
SECRETARY
O. B. :'~.!r~:.L
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MAR 1 9 1970
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