HomeMy WebLinkAboutPD-81-87j .,\~~~
TOWN OF NEWCASTLE
REPORT File #~ ~ r
Res. #d~j~,~ ~'~~,~-
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By-Law # ~' ~ ,,~-~
NE~TI . General Purpose and Administration Committee
DATE: Monday, March 16, 1987
T #: PD-81-87 FILE #: PLN 4.1
CT: TOWN OF NEWCASTLE COMPREHENSIVE
ZONING BY-LAW 84-63
UUR FILE: PLN 4.1
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-81-8"/ be received; and
* 2. THAI- the By-law attached hereto to amend By-law 84-63, as amended, be forwarded to
Council for approval.
BACKGROUND AND COMMENT:
Un January 19, 1y87 a Report was presented to Council which dealt with home occupations in
the "Residential Estate (RE)" zone. This was referred back to Staff to 're-examine the
issue in light of a letter from Mr. James.
Staff have reviewed the matter and have drafted a by-law which recommends the deletion of
home occupations from the "Residential Estate (RE)" zone. The concept of nuisance is a
legal term and is extremely difficult to define. To quantify noise and traffic in terms
of existing levels, possible changes in level and the setting of an "acceptable" level is
difficult to establish in a developing area or for each area of the Town. Instead, the
present wording allows a subjective determination of nuisance based upon evidence
submitted by complainents. Staff are therefore not inclined to recommend a change in
definition.
...2
U~ ~
REPORT NO.: PD-81-87
Page 2
Staff have reviewed Mr. James' letter and feel that an office which is set
up in the home, and which is not the primary place of business, is not a
home occupation. This is merely an accessory use to the residence. The
elimination of home occupations from the list of permitted uses will
therefore, not stop a person from having an office in their home.
The proposed amendment appears to address the concerns of Mr. James and
also, provides the tightening of the By-law which Staff had originally
intended when it introduced the amendment.
Respectfully submitted,
. wards, .I.P.
Director of Planning
Recommended for presentation
to the Committee
Lawrence ~ o'tsef f
Chief Ad ,~ st;rati ve Officer
TFC*TTE*jip
*Attach.
I~larch 5, 1987
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87-
. .being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the
.Corporation of the Town of Newcastle.
• "WHEREAS the Council of the Corporation of the Town of Newcastle deems it
•, advisable to amend By-law 84-63, as amended, of the Corporation of the Town of
Newcastle;
NbW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of
.Newcastle enacts as follows:
~1) Section 8.1(a) is hereby amended by deleting, in its entirety, Subsection
"ii).
'•2) This By-law shall come into effect on the date of passing hereof subject
~to the provisions of Section 34 of the Planning Act, 1983.
BY-LAW read a first time this day of 1987
BY-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
1987.