HomeMy WebLinkAbout78-44
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'rHE CORPORATION OF THE TOWN
OF NEWCASTLE
BY-LA\-l NO. 78-44
being a by-law to amend Restricted Area By-law
Number 2lll of the former Township of Darlington
WHEREAS, the Council of the Corporation of the Town of Newcastle deems it advisable to
amend Restricted Area By-law Number 2lll of the former Township of Darlington;
NOW THEREFORE. the Council of the Corporation of the Town of Newcastle ENACTS AS FOLLOWS:
1. Section 9 of By-law 2lll is hereby amended by adding to Subsection
(c) the following Subsection 2:
"2) M2-2; Lot 29 & 3D, Concession 1
Notwithstanding any provisions of this by-law to the contrary, those portions
of lots 29 and 30, designated "M2 -2" on the attached Schedule "A" hereto, shall
be used only in accordance with the provisions of this Subsection:
(i) Definitions
For the purposes of this subsection.
(a) "BULK STORAGE TANK" shall mean a tank for the bulk storage of
petroleum, petroleum products, chemicals gases or similar substances.
This definition shall not include a storage tank which is accessory to
another use on the lot where such tank is located.
(b) "FACTORY OUTLET" shall mean a building or part of a building,
accessory to a permitted industrial use, where the products
manufactured by that industry are kept for wholesale or retail sale.
(c) "GARAGE, COMMERCIAL" shall mean an establishment or premises where vehicles
owned by the general public are repaired or maintained.
(d) "FLOOR AREA, GROSS" shall mean the aggregate of the horizontal area
of each storey, measured between the exterior faces of the exterior
walls at the floor level of such storey.
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(2)
(e) "FLOOR AREA, NET" shall mean that portion of the gross floor
area of a building which is used by a Non-Residential use defined
herein but excluding:
i) any part of such building used by another Non-Residential
use which is defined herein;
ii) any part of such building used for the parking or storage
of motor vehicles;
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iii) any part of such building. used for equipment to heat ,such
building or a portion thereof; and,
iv) the thickness of any exterior walls of such building.
(f) "OPEN STORAGE AREA" shall mean land used for the outside storage
of equipment, goods or materials. This definition shall uot
inelude a stoJ:age use located iu. a building, a salvag.! yard. a
delivery space or a parking space.
(g) "PRIVATE GASOLINE PUMP ISLAND" shall meaD a structure used to
dispense gasoline solely to vehicles owned or leased by the
occupant of the lot where such gasoline pump island is located.
This d~fin1tion shall not include an automobile service station
or any other facility for the sale of fuels.
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(i1) Permitted Uses
an assembly plant;
a bulk storage tank;
a business office accessory to a permitted use;
a commercial garage;
an equ1PD1ent storage building;
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a factory outlet;
a maintenance garage;
a manufacturing plant,
an open storage area;
a parking lot;
a private gasoline pump island;
(iii) Zone Provisions
(a) lot area (minimum)
(b) lot frontage (minimum)
(c) lot coverage (maximum)
(d) front yard (minimum)
(e) interior sideyard
(minimum)
(3)
1 acre
l50 feet
50%
35 feet
15 feet, provided that
where a side lot line
abuts a residential zone,
or abuts a lot having a residential
use situated thereon within 100 feet
the minimum side setback shall be 30
feet.
(f) exterior sideyard(minimum)- 35 feet
(g) rear yard (minimum)
35 feet, provided that where
a rear lot line abuts a residential
zone. or abuts a lot line having a
residential use situated thereon
within lOO feet, the minimum rear
yard shall be 50 feet, and provided
(4)
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further that no rear yard shall
be required from any portion of a rear
lot line which abuts a railroad right-
')f-way.
(h) landscaping area
(minimum) lO%
(i) building height (maximum) 35 feet
(j) parking spaces (mimima)-
i) business office
1 for each 200 square feet of net
floor area or portion thereof.
ii) commercial garage
1 for each 50 square feet of
gross floor area or portion thereof
iii) other uses
1 for each 750 square feet of net
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floor area or portion thereof
(k) parking space location - . No parking space shall be located
closer than 5 feet to any street line
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or 18 feet to any lot line which abuts
a residential zone or abuts a lot
having a residential use situated
thereon within lOO feet.
(1) lo~dingspaces (m1n~)
i) ,.commercl,algarage
1 per lot
ii) othe~ uses
th6greaterof one p~rlot;
or (lne for each 30,000 square feet
of gr:oss .floorarea or portion thereof.
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(5)
(m) Gasoline Pump Island
Location - No part of any gasoline pump island
shall be located in any front yard or
closer than 15 feet to any side or
rear lot line.
(n) Open Storage Area
Regulations
No open storage area shall be permitted
except in accordance with the following
provisions;
i) no open storage area shall be permitted in a front
yard or exterior sideyard;
ii) no open storage area shall be permitted in a rear
yard adjacent to a rear lot line of such lot which abuts a
Residential Zone or abuts a lot having a Residential
use situated thereon with~n 100 feet;
iif) poopeustorage.area shall be permitted
in a sideyard adjacent to a side lot line of such lot
which abuts a Residential Zone or abuts a lot having a
Residential use situated thereon within 100 feet;
iv) every open storage area or lot having an open storage
area situated thereon shall be enclosed by a wall or fence
not less than 6 feet in height and. cOQ8~ructed of: ,uniformma,tedal;
and,
v) no portio~ .of any open storage area .fo~ combustible
materials shall be located closer than 20 feet to any lot line.
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(6)
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(0) Development Agreement - Notwithstanding any provision
of the Building By-law or any other
By-law of the Corporation of the Town
of Newcastle to the contrary, no building
permit or license shall be issued in
respect of the subject lands until the
owner of the said lands has entered into
a development agreement w~th the
Corporation of the Town of Newcastle
as described in Section 35(a) of The
Planning Act.
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(p)Unserviced Lot Requirements
(i) No more than 10,000 gallons of
water per day shall be taken from any
lake, stream, well or reservoir;
(ii) no water taken from any lake,
stream, well or reservoir and utilized
in any way in the manufacturing process
shall be discharged in such manner that
it flows outside the boundary of the
lot either above or below ground level.
(iii) no privately owned sewage system
shall discharge effluent in such a manner
that it flows outside the boundary of the
lot either above or below ground level.
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(7)
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(iv) the number of persons employed
on the lot shall not exceed the regulations
of the Durham Health Unit and shall be
subject to the approval of the Durham
Health Unit.
2. Key Map 2l of Schedule "A" to By-law 2111, as amended, is hereby further
amended by changing to "M2-2" the zone designation of the lands designated as
"ZONE CHANGE TO M2-2" on the attached Schedule "X" hereto.
3. This by-law shall come into effect on the date hereof, subject to receiving
the approval of the Ontario Municipal Board.
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BY-LAW READ a first time this 5th day of June, 1978
BY-LAW READ A SECOND TIME this 5th day of June 1978
BY-LAW READ A THIRD TIME and finally passed this 5th day of June, 1978
G. B.
Mayor
J. M.
Clerk
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Ontario
CX>MP4UNICATIONS #14
I~'l'roN
R 782075
Ontario Municipal Board
IN '.mE MAT'tER OF Section 3S of
The Planninq Act (R.S.O. 1970,
c. 349),
-and-
IN THE MATTER 01' an application
by The Corpora'tion of 1:he '!'oWn
of NeweasUe for approval of
its Restricted Area By-law 78-44
BEFORE:
S.S. SPEIGEL
Member
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Friday, the 22nd day of
September, 1978
- and -
D.B. MoROBB
Member
No objections to approval having been received
as requ1rech
'1'BE BOAltD ORDERS that: By-law 78-44 is
hereby approved.
SECRETARY
ENTERED
o. B. No....l?:2f:;;s::.......
folio Mo........?.;!...............
SEP 27 1978
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