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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 Recommend to Town Council that By-law 73-15 be repealed and replaced with the new comprehensive restricted area By-law for Newcastle Village at the regularly scheduled Council meeting of April 23, 1979."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 I 2 while revising the format of that By-law, and makes certain other changes I 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 i 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 I Board in accordance with the Ontario Municipal Board rules of procedure. i i Respectfully submitted, r' NJF:lb D. N. Smith, M.C.I.P. May 8, 1979 Director of Planning I I 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) . -17- i 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 I 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. i I, 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" I 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 i i 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. I Page 94 added "Financial Office" - does not permit Bank as a permitted use I I i I . II' i i 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." i