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HomeMy WebLinkAbout77-61 J . ' . . CORPORATION OF THE TOWN OF NEWCASTLE By-law No. 77-61 Being a by-law to amend Zoning By-law 1587 of the former Town of Bowmanville, as amended NOW THEREFORE BE IT ENACTED by Council of The Corporation of the Town of Newcastle, as follows: 1. By-law 77-57 is hereby repealed; 2. Schedule B of By-law 1587 of the former Town of Bowmanville is hereby amended by adding thereto the following: SPECIAL CONDITION 5 e The whole of Block A and the westerly 125 feet of Block B according to a registered plan of Subdivision registered in the Registry Office for the Registry Division of Durham (No.10) as Number 698, shall be subject to special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any other provisions of By-law 1587, then the provisions of these special regulations will apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1.1. Defined Area- The area subject to this special condition is the whole of Block A and the westerly 125 feet of Block B Plan 698. 1.2. Permitted Uses- No person shall use any of the lands in the defined area, or erect, alter or use any building or structure on such lands for any purpose except in accordance with the following provisions: . (a) Commercial Uses: a rete:ll shop a bank a financial office a service shop a personal service shop a restaurant a professional office a 'business office a clinic a theatre ('" . (2) . a bake shop a studio a governmental office (b) Accessory Commercial Uses: The preparation, mixing, assembly, or packaging of drugs, medicines, foods, goods and other materials sold from the premises. Indoor mall, sprinkler room, electrjcal room, manager's ~~fice, janitor's room, public restrooms, garbage storage rooms and any use necessary for the operation of a shopping centre. 1.3. Minimum Setbacks, Height, Lot Coverage and Landscaped Open Space- No person shall use any of the lands in the defined area, or erect, alter. or use any building or structure on such lands for any purpose except in accordance with the following provisions: (a) Front Yard (minimum) . (b) Exterior Side Yard (minimum) (c) Interior Side Yard (minimum) 65 feet 65 feet (d) Rear Yard (minimum) 25 feet except that where a side lot line abuts a residential zone the minimum interior side yard shall be 50 feet. 35 feet except that where a rear lot line abuts a res- idential zone the minimum rear yard shall be 50 feet. 35 feet 35% (e) Height (maximum) (f) Lot Coverage (maximum) (g) Landscaped Open Space (minimum) an area 5 feet in depth abutting every exterior lot line except where such area is occupied by a driveway or walkway. . . . ..fit. , (3) . 1.4. One Foot Reserves- Notwithstanding any provisions of Section 3.54 of By-law 1587 to the contrary, a parcel of land which is separated from a public highway by only a one foot reserve shall be deemed to abut that public highway. 1.5. Front Line- Notwithstanding any provisions of Section 3.62 of By-law 1587 to the contrary, the front lot line shall mean the property lot line that divides the lot from King Street only by a one foot reserve. 1.6. Lot- Notwithstanding the provisions of Sections 3.54, 3.90 and 7.2 of By-law 1587 the whole of the lands in the defined area shall be deemed to be a lot and the lot lines shall be deemed to be the perimeters of the defined area. 2. SPECIAL CONDITION 1 of Schedule B of By-law 1587 shall be amended as follows: - (a) adding after the words "King's Highway No.2" in the third line of Special Condition 1, the following words "except the whole of Block A and the westerly 125 feet of Block B, Plan 698; and, (b) adding immediately before the words "Block B shall be used for apartment houses and accessory uses" in Special Condition 1, Paragraph 1.3 (b), the following words "Except the whole of Block A and the westerly 125 feet of Block B, Plan 698". 3. Map 4 of Schedule "A" to By-law 1587 shall be amended to show the lands in the defined area to be subject to Special Condition 5 and the zone symbol on the westerly 125 feet of Block B, Plan 698, shall be changed from "R" to "C". 4. This by-law shall be effective on the date of its enactment subject to the approval of the Ontario Municipal Board. BY-LAW READ A FIRST AND SECOND time this .!~~.. day of ..~.q.~.~t.., 1977. BY-LAW READ A THIRD AND FINAL time this ..J.~~. day of ...rt.~.9.t;1..5.?:.,1977. . (8 E A L) L-- J.K. McIlroy, 'X z R 772573 Ontario Municipal Board IN THE HATTER OF Section 35 of The Flann;ng Act (R.S.O. 1970, c. 3 U , - and - IN THE MATTER OF an application by The Corporation of the Town of Newcastle for approval of its Restricted Area By-law 77-61 B E F O R E A.J.L. CHAPMAN, Q.C. ) Member ) ) - and - ) Monday, the 11th day of ) C.G. CHARBON, Q.C. ) December, 1978 Member ) The objectors to approval of the said by-law having withdrawn their objections; THE BOARD ORDERS that By-law 77-61 is hereby approved. V A� SECRETARY RE D �- s