HomeMy WebLinkAboutP-108-78 a I �
CdRPORATI®N OF TVIE TOWN OF NEWCASTLE ;J ( �)
PLANNING DEPAR,rAAEN`r
TELEPHONE 263-2231 - HAMPTON, ONTARIO, LOB 1J0
TO: Chairman and Members of the REPORT y0. P-103-78
Planning & Development Committee DATE: December 11 , 1973
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SUBJECT: Conformity of Gabourie,Ai rstrip with the Darlington Zoning
By-law.
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ORIGIN: Request from Planning and Development Committee.
In accordance with Resolution P-566-73, we have reviewed the
provisions of the Darlington Zoning By-law to determine where the Gabourie
airstrip is a permitted use, and offer the following comments.
The subject airstrip is located in Part of Lot 31 , Concession 1 ,
Darlington, and is zoned "Deferred Development" and "Agriculture" in the
Darlington Zoning By-law. Permitted uses in this zone include "single
family detached dwellings" and "general agricultural uses , which are not
obnoxious to the public welfare" .
It is conceivable that a farmer could require an airplane and air-
strip for such operations as crop dusting. In such an instance, the
airstrip would be accessory to the agricultural use of the land, and would,
therefore, be a permitted use under Section 4 (k) of the Darlington By-law.
The By-law defines an accessory use as a use which is "normally incidental ,
subordinate and exclusively devoted to a main use, building or structure
and located on the same lot therewith" .
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We understand that the owner of this airstrip has rented stor4ge
space and airstrip rights to the owners .of several airplanes which do
not appear to be used in conjunction with the farming operation on the
lot. For this reason, it is our opinion that the use of the airstrip
for this purpose does not comply with the provisions of the Darlington
Zoning By-law.
However, this violation of the zoning by-law is complicated by
the fact that Darlington Council on December 22, 190, approved the
issuance of a private aerodrome licence to the airstrip by the Department '
of Transport, but did not take the matter to its logical conclusion by
changing the zoning of the property accordingly.
If Council wishes to honour this previous approval , we would
suggest that the 6y-law be amended to recognize the existing use.
Alternatively, if Council wishes to rescind the earlier approval , we
would suggest that the By-law enforcement Officer be requested to initiate
prosecution procedures against the owner for the zoning by-law infraction.
Respec fully submitted
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NJF: lb Leslie L. Kristof, M.C. I .P.
Director of Planning & Deve opment.
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