HomeMy WebLinkAbout2006-040
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-040
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law
for the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with the policies contained in Amendment #46 to the Clarington
Official Plan (COPA 2005-011) to implement the Clarington Energy Business Park and the
rezoning application ZBA 2005-0059;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a
new subsection 23A as follows:
"SECTION 23A
23A ENERGY PARK OFFICE (M01) ZONE
23A.1 DEFINITIONS
For the purposes of this zone, the following definitions apply;
Business or Administrative Office shall mean an establishment in which one or
more persons are employed in conducting, managing, or administering a business.
The term business or administrative office includes the administrative offices of a
government agency or a non-profit organization.
Convention Centre shall mean an establishment having facilities for meetings,
seminars, exhibitions, workshops and other similar activities and may include
dining facilities to serve participants but does not include sleeping accommodation.
Drive-Through Facility shall mean the use of land, buildings or structures, or part
thereof, to provide or dispense products or services, either wholly or in part
through an attendant or a window or an automated machine, to customers
remaining in motor vehicles located in a stacking lane.
Energy- Related shall mean a use within a building, or structure that is directly
involved in the administration, distribution, research and development, testing, or
production of energy and energy related products.
Fitness Centre shall mean an establishment that provides facilities for recreational
or athletic activities, including but not limited to body-building and exercise classes.
Research and Development Facility shall mean an establishment used for the
purpose of conducting pure and applied research and experimentation and
includes such facilities as administrative offices, laboratories, lecture rooms,
display rooms, pilot units, simulating equipment and the like and service and
machine shops to serve the research and development facility.
23A.2 PERMITTED USES
No person shall within the Energy Park Office (M01) Zone use any land or erect,
alter or use any building or structure except as specified hereunder:
i) financial office without a drive-through facility;
ii) energy-related business or administrative office;
iii) convention centre;
iv) day nursery;
v) fitness centre;
vi) hotel;
vii) university or college facilities;
viii) research and development facility; and,
ix) eating establishment without a drive-through facility.
23A.3 REGULATIONS
a)
Lot Area (minimum)
1 hectare
b)
Lot Frontage (minimum)
80 metres
c) Yard Requirements:
i)
For lots fronting onto South Service Road
Front Yard
28 metres (minimum) to
31 metres (maximum)
4 metres (minimum) to
8 metres (maximum)
Exterior Side Yard
ii) For lots fronting onto Energy Drive (a future public street shown on
Schedule 1)
Front Yard 6 metres (minimum) to
8 metres (maximum)
Exterior Side Yard 4 metres (minimum) to
8 metres (maximum)
iii) For lots fronting onto other roads
Front Yard 4 metres (minimum) to
8 metres (maximum)
Exterior Side Yard 4 metres (minimum) to
8 metres (maximum),
except where the exterior side
yard abuts South Service Road,
then the exterior side yard shall be
28 metres (minimum) to 31 metres
(maximum), or except where the
exterior side yard abuts Energy Drive,
then the exterior exterior side yard shall be 6
metres (minimum) to 8 metres (maximum)
iv) Interior Side Yard (minimum)
5 metres
v) Rear Yard (minimum)
10 metres, except where the
rear yard abuts South Service Road,
then the rear yard shall be 28 metres
(minimum) to 31 metres (maximum)
d)
Lot Coverage (maximum)
60%
e)
Landscape Open Space (minimum)
20%
f)
Building Height (minimum)
12 metres on lands
located within 50 metres from
Courtice Road or South Service
Road, otherwise 5 metres
g) Landscaping Strip Width Requirements (minimum)
i)
ii)
Front Yard and Exterior Side Yard
Interior Side Yard and Rear Yard
4 metres
2 metres
h) The length of the building fayade of the first building constructed along the
front lot line of a lot shall be a minimum width representing 40% the total
length of the lot frontage.
i) No outside storage or outside garbage facilities shall be permitted.
j) Parking areas shall not be located within the required front yard or the
exterior side yard."
2. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a
new subsection 23B as follows:
"SECTION 23B
23B ENERGY PARK PRESTIGE (M02) ZONE
23B.1 DEFINITIONS
For the purposes of this zone, the following definitions apply;
Business or Administrative Office shall mean an establishment in which one or
more persons are employed in conducting, managing, or administering a business.
The term business or administrative office includes the administrative offices of a
government agency or a non-profit organization.
Drive-Through Facility shall mean the use of land, buildings or structures, or part
thereof, to provide or dispense products or services, either wholly or in part
through an attendant or a window or an automated machine, to customers
remaining in motor vehicles located in a stacking lane.
Energy Industry shall mean an establishment that have as its main focus the
development, commercialization and/or demonstration of energy products and
services. This may include assembly, manufacturing, fabricating or processing
activities that are not offensive or not likely to be offensive by reason of the amount
of noise, smoke, odour, emissions, or vibration produced therein, but excludes a
recycling facility, material sorting or dismantling, a waste management or
processing facility, or a waste incineration facility.
Energy- Related shall mean a use within a building, or structure that is directly
involved in the administration, distribution, research and development, testing, or
production of energy and energy-related products.
Research and Development Facility shall mean an establishment used for the
purpose of conducting pure and applied research and experimentation and
includes such facilities as lecture rooms, administrative offices, laboratories,
display rooms, pilot units, simulating equipment and the like and service and
machine shops to serve the research and development facility.
23B.2 PERMITTED USES
No person shall within the Energy Park Prestige (M02) Zone use any land or
erect, alter or use any building or structure except as specified hereunder:
i) financial office without a drive-through facility;
ii) commercial or technical school;
iii) energy-related business or administrative office;
iv) day nursery;
v) energy industry;
vi) university or college facilities; and,
vii) research and development facility.
23B.3 REGULATIONS
a)
Lot Area (minimum)
1 hectare
b)
Lot Frontage (minimum)
80 metres
c) Yard Requirements
i) For lots fronting onto South Service Road
Front Yard
Exterior Side Yard
28 metres (minimum) to
31 metres (maximum)
4 metres (minimum) to
8 metres (maximum)
ii) For lots fronting onto other roads
Front Yard
Exterior Side Yard
4 metres (minimum) to
8 metres (maximum)
28 metres (minimum) to
31 metres (maximum)
iii) Interior Side Yard (minimum)
5 metres
iv)
Rear Yard (minimum)
10 metres, except
where the rear yard abuts
South Service Road, then the
rear yard shall be 28 metres
(minimum) to 31 metres (maximum)
d)
Lot Coverage (maximum)
60%
e)
Landscape Open Space (minimum)
20%
f)
Building Height (minimum)
5 metres
g) Landscaping Strip Width Requirements (minimum)
i) Front and Exterior Side Yard
4 metres
ii) Interior Side and Rear Yard
2 metres
h) The length of the building fayade of the first building constructed along the
front lot line of a lot shall be a minimum width representing 40% the total
length of the lot frontage.
i) No outside storage or outside garbage facilities shall be permitted.
j) Parking areas shall not be located in the required front yard or the exterior
side yard."
3. Section 23BA "SPECIAL EXCEPTIONS - ENERGY PARK PRESTIGE (M02)
ZONE" is hereby amended by introducing a new subsection 23BA.1 as follows:
"23B.4.1
ENERGY PARK PRESTIGE EXEPTION (M02-1) ZONE
Notwithstanding Section 23B, those lands zoned M02-1 on the Schedules to this
By-law, in addition to the uses and regulations permitted in the M02 zone, may
also be used for the purposes of an automotive auction subject to the following:
a) Definitions:
"Automotive Auction" shall mean the use of land, buildings or structures or
part thereof, used for the storage of operable motor vehicles which are to be
sold on the premises by public auction.
b) Regulations:
i)
Lot area (minimum)
12 hectares
ii)
The maximum building area to be used
for automotive auction purposes
2400 square metres
iii) Accessory uses to an automotive auction may include a car wash, a
motor vehicle repair garage, and a business or administrative office."
4. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a
new subsection 23C as follows:
"SECTION 23C
23C ENERGY PARK LIGHT INDUSTRIAL (ML 1) ZONE
23C.1 DEFINITIONS
For the purposes of this zone, the following definitions apply;
Business or Administrative Office shall mean an establishment in which one or
more persons are employed in conducting, managing, or administering a business.
The term business or administrative office includes the administrative offices of a
government agency or a non-profit organization.
Energy Industry shall mean an establishment that have as its main focus the
development, commercialization and/or demonstration of energy generation
products and services. This may include assembly, manufacturing, fabricating or
processing activities that are not offensive or not likely to be offensive by reason of
the amount of noise, smoke, odour, emissions, or vibration produced therein, but
excludes a recycling facility, material sorting or dismantling, a waste management
or processing facility, or a waste incineration facility.
Energy- Related shall mean a use within a building, or structure that is directly
involved in the administration, research and development, testing, or production of
alternative energy sources.
Research and Development Facility shall mean an establishment used for the
purpose of conducting pure and applied research and experimentation and
includes such facilities as lecture rooms, administrative offices, laboratories,
display rooms, pilot units, simulating equipment and the like and service and
machine shops to serve the research and development facility.
23C.2 PERMITTED USES
No person shall within the Energy Park Light Industrial (ML 1) Zone use any land or
erect, alter or use any building or structure except as specified hereunder:
i) energy-related business or administrative office;
ii) energy-related commercial or technical school;
iii) energy industry;
iv) outside storage of goods and materials where such use is accessory and
incidental to permitted use; and
v) research and development facility.
23C.3 REGULATIONS
a) Lot Area (minimum)
0.5 hectares
b) Lot Frontage along Energy Drive, a future
public street shown on Schedule 1 (minimum)
Lot Frontage along other roads (minimum)
50 metres
30 metres
c) Yard Requirements
i) Front Yard
Along Energy Drive
Along other roads
6 metres (minimum) to
8 metres (maximum)
4 metres (minimum) to
8 metres (maximum)
ii) Exterior Side Yard
4 metres (minimum) to
8 metres (maximum)
iii) Interior Side Yard (minimum)
5 metres
iv) Rear Yard (minimum)
10 metres
d) Lot Coverage (maximum)
60%
e) Landscape Open Space (minimum)
10%
f) Building Height (minimum)
5 metres
g) Landscaping Strip Width Requirements (minimum)
i)
Front Yard and Exterior Side Yard
4 metres
ii)
Interior Side Yard and Rear Yard
2 metres
h) The length of the building fayade of the first building constructed along the
front lot line of a lot shall be a minimum width representing 40% the total
length of the lot frontage.
i) Parking areas are not permitted within the required front yard or exterior side
yard.
23C.4 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS
Servicing, loading and garbage areas shall be located in the rear or interior side
yard and shall be screened from view. Servicing and loading areas in an interior
side yard shall be set back a minimum of 10 metres from the front of the building.
23C.5 REGULATIONS FOR OUTSIDE STORAGE
a) A maximum of 25% of the lot area may be used for outside storage.
b)
Maximum height of outdoor storage area
3 metres"
c) Outside storage of materials shall be screened from public streets adjoining
the lot by a combination of buildings, berms or landscaped open space.
5. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a
new subsection 23D as follows:
"SECTION 23D
23D ENERGY PARK GENERAL INDUSTRIAL (ML2) ZONE
23D.1 DEFINITIONS
For the purposes of this zone, the following definitions apply;
Energy Industry shall mean an establishment that have as its main focus the
development, commercialization and/or demonstration of energy products and
services. This may include assembly, manufacturing, fabricating or processing
activities that are not offensive or not likely to be offensive by reason of the amount
of noise, smoke, odour, emissions, or vibration produced therein, but excludes a
recycling facility, material sorting or dismantling, a waste management or
processing facility, or a waste incineration facility.
Research and Development Facility shall mean an establishment used for the
purpose of conducting pure and applied research and experimentation and
includes such facilities as lecture rooms, administrative offices, laboratories,
display rooms, pilot units, simulating equipment and the like and service and
machine shops to serve the research and development facility.
23D.2 PERMITTED USES
No person shall within the Energy Park General Industrial (ML2) Zone use any
land or erect, alter or use any building or structure except as specified hereunder:
i) energy industry;
ii) energy-related commercial or technical school;
iii) outside storage of goods and materials where such use is accessory and
incidental to a permitted use; and
iv) research and development facility.
23D.3 REGULATIONS
a)
Lot Area (minimum)
0.5 hectares
b)
Lot Frontage (minimum)
30 metres
c) Yard Requirements
i)
Front Yard and Exterior Side Yard
4 metres (minimum) to
8 metres (maximum)
5 metres
10 metres
ii)
iii)
Interior Side Yard (minimum)
Rear Yard (minimum)
d)
Lot Coverage (maximum)
60%
e)
Landscape Open Space (minimum)
10%
f)
g)
Building Height (minimum)
5 metres
Landscaping Strip Width Requirements (minimum)
i) Front Yard and Exterior Side Yard
ii) Interior Side Yard and Rear Yard
4 metres
2 metres
h) The length of the building fayade of the first building constructed along the
front lot line of a lot shall be a minimum width representing 40% the total
length of the lot frontage.
i) Parking areas are not permitted within the required front yard or exterior
side yard.
23D.4 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS
Servicing, loading and garbage areas shall be located in the rear or interior side
yard and shall be screened from view. Servicing, loading and garbage areas in an
interior side yard shall be set back a minimum of 10 metres from the front of the
building.
23D.5 REGULATIONS FOR OUTSIDE STORAGE
a) A maximum of 50% of the lot area may be used for outside storage.
b)
Maximum height of outdoor storage
5 metres"
c) Outside storage of materials shall be screened from public streets adjoining
the lot by a combination of buildings, berms or landscaped open space.
6. Section 23D.6 "SPECIAL EXCEPTIONS - ENERGY PARK GENERAL
INDUSTRIAL (ML2) ZONE" is hereby amended by introducing a new subsection
23D.6.1 as follows:
"23D.6.1
ENERGY PARK GENERAL INDUSTRIAL EXEPTION (ML2-1)
ZONE
Notwithstanding Section 23D, those lands zoned ML2-1 on the Schedules to this
By-law, in addition to the uses and regulations permitted in the ML2 zone, may
also be used for the purposes of an automotive auction and a motor vehicle
wrecking yard subject to the following:
a) Definitions:
"Automotive Auction" shall mean the use of land, buildings or structures or
part thereof, used for the storage of motor vehicles which are to be sold on
the premises by public auction.
b) Regulations:
i) Lot area (minimum) 10 hectares
ii) The maximum building area to be used
for automotive auction and motor wrecking 1400 square metres
iii) Maximum height of outside storage associated
with automobile auction and motor vehicle
wrecking yard 3 metres
iv) No portion of the lot used for outside storage shall
be visible from an abutting property or an improved public street."
7. Schedule "1" to By-Law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Holding - Light Industrial ((H)M1) Zone" to "Holding - Energy Park Office ((H)M01)
Zone"
"Holding - Light Industrial ((H)M1) Zone" to "Holding - Energy Park Prestige
((H)M02) Zone"
"Holding - General Industrial ((H)M2) Zone" to "Holding - Energy Park Office
((H)M01) Zone"
"General Industrial (M2) Zone" to "Holding - Energy Park Prestige ((H)M02) Zone"
"General Industrial (M2) Zone" to "Holding - Energy Park General Industrial ((H)ML2)
Zone"
"General Industrial (M2) Zone" to "Holding - Energy Park Prestige Exception
((H)M02-1) Zone"
"General Industrial Exception (M2-11) Zone" to "Holding - Energy Park Light
Industrial ((H)ML 1) Zone"
"General Industrial Exception (M2-11) Zone" to "Holding - Energy Park General
Industrial ((H)ML2) Zone"
"General Industrial Exception (M2-15) Zone" to "Holding - Energy Park General
Industrial Exception ((H)ML2-1) Zone"
"Holding - General Industrial ((H)M2) Zone" to "Holding - Energy Park General
Industrial ((H)ML2) Zone"
"Holding - General Industrial ((H)M2) Zone" to "Holding - Energy Park Light Industrial
((H)ML 1) Zone"
"Service Station Commercial Exception (C6-6) Zone" to "Holding - Energy Park
Office ((H)M01) Zone"
as shown on the attached Schedule "A" hereto.
8. Schedule "A" attached hereto shall form part of this By-Law.
9. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 17(2) and 34 (21) of the Planning Act, R.S.O. 1990.
By-Law read a first time this
28
day of
February
2006
By-Law read a second time this
28
day of
February
2006
By-Law read a third time and finally passed this 28
day of February
2006
/J}av1~
~fayor
This is Schedule
"A"
to By-law 2006-
040
,
passed this
27th
day of February
,
2006 A.D.
~
-
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J':-::":.:":':.:-::':.:-::.:.:':I ZONING CHANGE FROM
~~:~~~;~~:~~:~:~~:~~:~:~ "(H)M 1" TO "(H)M02"
ZONING CHANGE FROM
"M2" TO "(H)M02-1"
D..............
...............
...............
. . . . . . . . . . . . . . .
...............
...............
...............
. ............
~
ZONING CHANGE FROM
"M2-15" TO "(H)ML2-1"
ZONING CHANGE FROM
"M2-11" TO "(H)ML2"
..
~
III
ZONING CHANGE FROM
"M2-11" TO "(H)ML 1"
m
-
ZONING CHANGE FROM
"C6-6" TO "(H)M01"
_ ZONING TO REI\AAIN "Ep.
ZONING CHANGE FROM
"M2" TO "(H)ML2"
ZONING CHANGE FROM
"(H)M2" TO "(H)ML2"
~
t#~~
ZONING CHANGE FROM
"(H)M2" TO "(H)ML1"
ZONING CHANGE FROM
"(H)M1" TO "(H)M01"
John Mutton, Mayor
SUBJECT
LANDS
LAKE ONTARIO
Courtice