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Home My WebLink About78-16 ,. , 4 ~ . -- . . THE CORPORATION OF THE TOWN OF NEWCASTIE BY-LAW No. 78-16 :Being a by-law to amend Zoning By-la.w 1587 of the f01'lDer Town of Bowmanville, as amended. NOli '1IW!l:ARFQRE :BE IT ENACTED by Council of The Corporation of the Town of Newastle, as follows: 1. SUl:il!iDUIE B of By-law 1587 of the fo:mer Town of :Bowmanv1lle is hereby emended by adding thereto the following: "SPECIAL CONDITION 7 The whole of Parts 1 to 26 in Reference Plan registered in the Registr;y Office for the Registry Division of Durham (No. 10) as Plm 1OR-150, and shown on Schedule "A" hatched and ma:clted with the figure 1 encircled, shall be subject to special regulations hereinaf'ter conta:1ned and where there is any conflict between the regulations hereinafter set out and any other provisions of By-law 1581, then the provisions of these special regulations will apply, but in all other respects the provisions of this by-law, as amended, shaJ.l apply. 1 .1. Defined Area - The a:rea subject to this special condition is the whole of Pa:rts 1 to 26 in Reference Plan re.p.stered in the Registry Office for the Registr;y Division of Durham (No. 10) as Plan 1OR..,750. 1.2. P8r.mitted Uses - No person shall use ~ of the lands in the defined area, or erect, alter, or use any building or structu:re on sUch lands for any parpose except in acoordance with the following provisions: (a) Industrial Uses: - a wa:rehouse for the storage of goods and material wi thin a wholly enclosed structu:re; - a retail store or service shop accessory or 1ncidentalto the use pem! tted in an 1nclu8trial zone j - an assembly bottling, processing, mamlfacturing or incidental use carried out within a wholly enclosed building or structure except obnoxious uses, which uses shaJ.l include those uses more parlicularly described in Section 7.10 of :By-law 1581 and the followi.Ilg: - an arsenal; - asphalt produ-c.tionj ~ - ~ - 2 - e - livestock: sheds and pens or stock ~ds; - cement, lime or sulphate works; - coke manuf'acturing - commercial ~bage incineration and/or disposal operation including any vehicles or equipment used in such operations bu.t not including those accessory to a use pemi tted by this by-law; - extraction ot oU from fish; - manufacturing, refining or processing of hydrocloric acid nitric acid, picric acid, sulphuric acid or any sulphurous acid; - JDa'II\1factl:.lre 'or storaee of explosives or fire works; - wool pulling or wool scouring; 1.3 Nininnun set backs, heights, lot coverage and landsoaped open space - e (a) Front Yam (Hinimum) - 35 feet (b) Exterior Side Yard - 35 feet y (Nininnun) (c) Interior Side Yard (Minimum) - on interior lots one side yard shaJ.l be not less than 15 feet and the other side yard " shaJ.l be not less than 10 feet; - on exterior lots, the interior side yard shall not be less than 15 feet. (d) Rear Yard (I1:inimum) - 25 feet (e) Height (Maximum) - 35 feet (f) Lot Coverage (l-Iaximum) - 60 per cent (g) Landscaped Open Space (Hinimum) - 10 per oent of lot area. 1.4 Lots adjacent to ~ 401 - . No person shall within the Defined .AXea use any lot or erect, , alter or use any bu.ilding or structure for arry non-residential purpose within 500 feet of the centre line of H1~401 except in accordance with the following provisions: - 3 - . (a) G.round Floor Area: (Jofinimum) - 7,000 square feet (b) External Design: (i) all plans and specifications f~ all buildings and structures shall be prepa:red by a registered architect and bear his stamp. (ii) The exteri~ of the wall or walls of' any building or structure facing HighW8\V 401 and the adjoining two side walls of such building or structure shall be of brick, stone or glass constructions provided that the following facing materials IDa\V be used to a mATi!Tl1JIll of 40 per cent of' the total surface area of each wall: e - stainless steel; - decorative glazed terra cotta.; - ceramic veneer; - precast stone or concrete panels; - aluminium; - bronze; - steel with protective glazed enamel or porcelain finish; - asbestos siding and/or wood frames, doors and fascias. 1.5 One Foot Reserves - Notwithstanding any provisions of' Section 3.54 to the contrary, a parcel of land. which is separa.ted from a. public hi~ by only a one foot reserve shall be deemed to abut that public hi~. 1.6 Performance Standards - All permitted uses sha.1l observe the following stands.'rds of performance:- Type of Emission (a) Noise l-!a.ximum Emission Permissable Imperceptible at any point on any lot line. (b) Odours, Toxic or Corrosive Gases Nil (c) Vibration Imperceptible outside the building. e (d) Glare and Heat Imperceptible outside the building. (e) Elec'tiroma€;netic Imperceptible outside the build.i:ng. ;; '" - 4- e 1 .7 Parking - NoM tbstanrHng an::r provisions of Section 7.16 to the contr~ the mini.mwn parking requirements for industrial uses in the defined area shall be one space for every 750 square feet of gross floor area of aJ.l stru.c.tures or buildi.ngs erected on the lot, and no portion of rm:r parking area in an::r front yard or exterior side yard shall be closer than 5 feet to arI:3 front lot line or exterior side lot line. Not more than one parking space for ever:! 7,000 sq'U&N feet of gross floor area of all buildings and structures located on the lot shall be located in arry front or exterior side yard. 1.8 Oatside Stor888 - . Save and except parking all permitted uses and other operations inoidential thereto inoluding stor~ shall be carried on within the confines of a building. A storage area. lli th roof but without side walls ~ be permitted up to the ground floor area of the building provided that such storage area shall be so located that it is not visible from a:ny public roadW'8\1. 1.9 DevelolJUent ~ement - The defined area shall be subject to the provisions of Section 3580 of the PlN'lni11g Aot, R.S.O. 1970, Chapter 349, as amended, and the provisions of Section 7.22 of this :By-law shall apply notwi tbstanding the fact that the defined area is not ,,71 thin a zone specified in Section 7.22 of this :By-law". . 2. J.1ap 6 of Schedule "A" to. :By-law 1587 is hereby amended to show the lands in the defined area as hatched and marked with the figure 7 encircled. 3. This by-law shall be effective on the date of its enactment subject to the approval of The Ontario Municipal Boa:rd.. . /3 j:;&, If A--1ke H-" 8 BY-LAW READ A FmsT TDIE THIS ....... da\v of ............... ,197 1.5.a:- . M A- IU t.f- 8 BY-LAW READ A SECOND Tll1E THIS. ...... da\v of ./.'............., 197 . / 3~--- H A-Ilc. J-t-. BY-LAW READ A T1IIBD AND FINAL Tn,IE THIS .......~ of ..............., 1978. (SEAL ) ;? ( ~~/ G. B. RI , I'~or . ..- ... Form R-6 . Ontario Municipal Board 416/965-1908 180 Dundas St. W. Toronto Ontario M5G 1 E5 r The Clerk Town of Newcastle 40 Temperance St. BOWMANVILLE, Ontario. LIC 3A6 L Quote File Number R 781323 June 9, 1978 Dear Sir: Enclosed is documentation as follows: . o o Copy of Decision Dated Copy of Decision dated (Signed Duplicate Original to follow) [] Duplicate Original of Decision dated lliJ Board's Order made June 6, 1978 [] Appointment for Hearing Yours truly, ak Enclosure ~ - Y"'-#' <<.. c. Saruyama Supervisor Planning Administration RECEIVED . JUN 14 :973 TOWN 0:: r:_ .~CASTLE ........ -------- .-L.- _ // ..... I '.. /1 . ~~~ ~~~ ~DIi!3I" Ontario R 781323 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 78-16 BEFOREI . - and - ) ) ) ) ) ) ) Tuesday, the 6th day of June, 1978 w. SBUB, Q.C. Chairman C.G. EBERS, Q.C. Member The objectors to approval of the said by-law havinq withdrawn their objections, THE BOARD ORDERS that By-law 78-16 is hereby approved. (/'I~) . SECRETARY ENTERED o. B. No..B.::Z~:::.~....... Folio No...~.~.~............. JUN 9 1978 Ik~'"'~it h,~~"i ~ ~'~~f' II" ~___J.~"" .~~ ./ trt ~~ C If gri '"' ,