HomeMy WebLinkAboutP-75-79 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith . ,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231
REPORT TO PLANNING AND DEVELOPMENT COMMITTEE MEETING OF May 14, 1979
REPORT NO. : P-75-79
SUBJECT: Newcastle Village Restricted Area (Zoning) By-law
BACKGROUND:
At the April 23, 1979, Council Meeting, the following re-
commendation of the Planning and Development Committee was adopted:
"l. That the Planning and Development Committee consider
the new comprehensive restricted area By-law for
Newcastle Village, and
2. Recommend to Town Council that By-law 73-15 be repealed
and replaced with the new comprehensive restricted area
By-law for Newcastle Village at the regularly scheduled
Council meeting of April 23, 1979."
COMMENT:
Following on the above noted resolution of Council, staff
recommends that proposed By-law 79-44 be forwarded to Council for formal
adoption. By-law 79- 44, as noted in the Report to the Planning and
Development Committee of April 16, 1979, incorporates the major provisions
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while revising the format of that By-law, and makes certain other changes
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as outlined in the attached "Summary of Changes to By-law 73-15". In
view of the status of By-law 73-15, staff recommends that By-law 79-44
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be approved by Council and processed by the Town Clerk as a comprehen-
sive by-law for the former Village of Newcastle in accordance with
Ontario Municipal Board procedures.
Schedule 'A' to By-law 79-44 will be presented to the Com-
mittee at the May 14, 1979 meeting. Upon adoption of the following
recommendations by Committee, proposed By-law 79-44 will be forwarded
to Council with the necessary copies of Schedule 'A' attached and all
changes incorporated.
RECOMMENDATION:
That the Planning and Development Committee recommend to
Council:
1. That By-law 79-44 be read a first and second time, and
2. Adopted as the restricted area by-law for certain lands
in the former Village of Newcastle, and
3. That By-law 79-44 be forwarded to the Ontario Municipal
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Board in accordance with the Ontario Municipal Board
rules of procedure.
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Respectfully submitted,
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NJF:lb D. N. Smith, M.C.I.P.
May 8, 1979 Director of Planning
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 79- 44
A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND
USE OF BUILDINGS AND STRUCTURES IN CERTAIN LANDS IN THE FORMER VILLAGE
OF NEWCASTLE, NOW IN THE TOWN OF NEWCASTLE.
WHEREAS The Planning Act provides that the Council of the municipal
corporation may pass by-laws to regulate the use of lands and the
character, location and use of buildings and structures;
AND WHEREAS the Municipal Council of the Corporation of the Town of
Newcastle considers it advisable to regulate the use of land situated
within a Defined Area, as hereinafter designated;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
SECTION I SPECIFIC CONDITIONS
1. INTERPRETATION
1.1 TITLE.
This By-law may be cited as the "ZONING BY-LAW"
1.2 APPLICATION
For the purposes of this By-law, the definitions and
interpretations given herein shall govern.
1.3 DEFINED AREA
The provisions of this By-law shall apply to all lands within
the "Defined Area", as shown on Schedule "A" hereto,
1.4 INTERPRETATION
For the purposes of this By-law, words used in the present tense
include the future: words in singular number include the plural
and words in the Plural include the singular number; the word
11shall" is mandatory; the words "used"
2.33 FINISHED GRADE
Shall. mean the median elevation between the highest and
Lowest points of the finished surface of the ground
(Measured at the base of a building or structure) but
exclusive of any embankment in lieu of steps.
2.34 FLOODPLAIN
Shall mean the area below the high water mark of a water-
course, as determined by the Conservation Authority having
jurisdiction.
2.35 FLOOR AREA, GROSS
Shall mean total floor area, as defined herein, exclusive
however of:
a< any part of the building or structure below finished
grade which is used for heating equipment, the storage
or parking of motor vehicles, locker storage and laundry
facilities, children's play areas and other accessory
uses, or used as living quarters by the caretaker,
watchman or other supervisor of the building or
structure; and
b. enclosed malls when used as a common area between stores.
2.36 FLOOR AREA, GROUND
Shall mean the maximum ground floor area of a building
measured to the outside walls, excluding, in the case of a
dwelling house, any private garage, carport, porch, verandah,
sunroom (unless such sunroom is habitable at all seasons
of the year) .
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SUMMARY OF CHANGES TO BY-LAW 73-15
PAGE, CHANGE REASON FOR CHANGE
Total By-law format - definitions - would make By-law more
Section changed to easily understood by
Section 2; tables de- public
leted and incorporated - would make By-law easier
into the zone provisions to amend
for each zone. - more compatible with other
town zoning by-laws
Page 6 Section 3.5 - maximum - amendment to Municipal
penalty for contravention Act
increased to $1000
Page 1.6 added definition of "farm - not previously defined
produce retail outlet",
"financial office"
Page 17 definition of floodplain - previous definition too
restrictive, required 75'
setback from centreline of
even a drainage ditch.
Page 21 definition of "Home - previous definition not
Occupation" specific enough
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Page 25 definition of lot - previously defined as par-
cel of land which is described
in a "registered deed" - does
not reflect provisions of
Section 29 of Planning Act.
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Pape 32 added definition of - not previously defined
"open storage area"
Page 33 changed definition of - previous definition would
"Parking Space" have permitted a parking
space 1' foot wide and 200
feet long, as long as it was
200 square feet in area.
Page 34 added definition of not previously defined
"Public Use"
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Page 38 added definition of "Taxi - not previously defined
Office and Waiting Room" j
Page 51 Provisions for flood - unnecessarily restrictive
plain - todcout require-
ment that no part of flood
plain could be used to cal-
culate zone requirements
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PAGE CHANGE REASON FOR CHANGE
Page 54 Section 3.1.2 - all other. By-laws of the
- added exemption for Town have already been
smaller lots than required amended to reflect this
by the By-law created as change.
as a result of a voluntary
sale of land to an authority
with expropriation powers.
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Page 94 added "Financial Office" - does not permit Bank
as a permitted use
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OTHER CHANGES PROPOSED
(numbers indicated on map)
Schedule "A" 1) relocate C2 zone change approved
in part of Lot 30, Con. 1 by previous Council but
By-law not approved
2) change RI zone to R2 8'
3) expansion of RR Zone "
to provide adequate lot
depth
4) Change from RU to RR "
5) increase in area of C2-1 apparent error in
zone to reflect accurate original by-law
property boundaries
6) delete lot lines from subdivision not yet
Vierhout subdivision draft approved
7) change "Village Boundary"
to "Defined Area Boundary"
change limits of "Defined Area"
to Milani subdivision
g) Change Plate "A" to "Schedule update
All "Reeve" to "Mayor_"
g) Change from RI to C3 property
owned by the Canadian Imperial
Bank of Commerce fronting on
King Street
Page 1 delete original page 1, replace adds reference to
by attached page 1 "Defined Area",
and to "former. Village
of Newcastle" i
Page 17 delete original page 17, adds words "as deter-
replace by attached page 17 mined by the Conser-
vation authority having
jurisdiction."
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