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The Corporation of the Municipality of Clarington
By-law 2018-059
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 Municipality of
Clarington for ZBA 2016-0008;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 2, 3, 16 and 26 of By-law 84-63 are amended as set out in of this By-law.
2. The following definition is added:
Mixed -Use Building
Shall mean a building containing apartment dwellings and at least one non-
residential use.
3. The following General Provisions are added:
3.11 b Home Occupation (Multi -Residential)
a. Permitted Uses
i) adult home care;
ii) business, professional or administrative office;
iii) caterer;
iv) children's home care;
v) home craft business;
vi) instructional services; and
vii) personal service shop.
b. Regulations
The following regulations apply to dwelling units wherein a home
occupation is permitted:
i) There shall be no display, other than a sign erected in conformity
with the By-laws of the Municipality.
ii) Not more than twenty-five (25) percent of the total floor area of
the dwelling unit shall be used for the purposes of the home
occupation use.
iii) No additional parking shall be required.
iv) There shall be no outside storage of goods or materials
associated with a home occupational use.
v) Instructional services may accommodate a maximum of one
student at a time.
4. Sections 26.4, 26.5 and 26.6 are deleted and replaced with:
26.4 Certain Words
In this By-law words used in the present tense include future; words in the
singular number include the plural; words in the plural include the singular
number; and the word "used" includes "arranged, designed, or intended to be
used"; the word "shall" is mandatory and not directory.
26.5 Zone Suffixes
Zone symbols on the schedules may be followed by one or more letters and
numbers enclosed in brackets as follows:
a. The suffix "T" indicates the maximum number of units permitted within the
boundary of the zone limits. The maximum total numbers of units
permitted is indicated by the letter "T" followed by a number. For example,
"R1 (T: 65)" indicates that a maximum of 65 units may be developed.
b. The suffix "S" indicates the minimum and maximum number of stories
permitted for buildings constructed within the boundary of the zone limits.
For example, the category MU1(S:2/4) indicates a minimum of 2 stories
and a maximum of 4 stories. Where one number is indicated, both the
minimum and maximum are the same. For example, the category
MU1(SA) indicates that both the minimum and the maximum number of
stories permitted is 4.
26.6 Compund Zones
Notwithstanding any other zone provision of this By-law, where two or more zone
symbols are shown on a map to this by-law divided by an oblique line "/", the total
of the lands within that lot may be used for any use permitted in either one of the
zones included in the compound zone symbol subject to the regulations
applicable to said zone.
Where two or more zones in a compound zone permit the same use and the
regulations contained in each zone for that use are different, the least restrictive
regulation shall apply.
5. Section 16A — MIXED -USE (MU) ZONE, is deleted and replaced with the
following:
This By-law establishes the following zones and places all lands subject to this
By-law in one or more of the following zones:
-..
..
Commercial Mixed -Use
MU1
Residential Mixed -Use
MU2
Urban Centre Mixed -Use
MU3
16A Mixed Use (MU) Zone
16A.1 Zones
• Commercial Mixed Use (MU1)
• Residential Mixed Use (MU2)
• Urban Centre Mixed Use (MU3)
16A.2 Permitted Uses
Uses permitted in the Mixed Use Zones are denoted by the symbol "✓" in the
column applicable to that zone and the corresponding row for a specific permitted
use in the Permitted Uses table.
TABLE.A .2: PERMITTED
IL
RESIDENTIAL USES
Apartment Building
USES IN THE
mul
MIXED -USE ZONE
MU2
✓
✓
Mixed -Use Building
✓
✓
✓ 1
Stacked Townhouse Dwelling
✓
✓
✓
Home Occupation
(Multi -Residential)
✓
✓
✓
Long Term Care Facility
✓
✓
✓
Retirement Home
✓
✓
✓
Existing Single Detached
Dwelling
✓ 2
✓ 2
✓ 2
RETAIL USES
Artisan Studio
✓ 3
✓ 3
✓
Convenience Store
✓ 3
✓ 3
✓
Retail Commercial
Establishment
✓ 3
✓ 3
✓
Supermarket
✓
PERSONAL AND PROFESSIONAL
Business, Administrative or
Professional Office
✓ 3
✓ 3
✓
Eating Establishment
✓ 3
✓ 3
✓
Eating Establishment,
Take-out
✓ 3
✓ 3
✓
Financial Office
✓ 3
✓ 3
✓
Fitness Centre
✓ 3
✓ 3
✓
Day Nursery
,/ 3
✓ 3
✓
Dry Cleaning Distribution
Centre
✓ 3
✓ 3
✓
Hotel
,/ 3
✓ 3
✓
Laundry
,/ 3
✓ 3
✓
Medical or Dental Clinic
✓ 3
✓ 3
✓
Printing or Publishing
Establishment
✓ 3
✓ 3
✓
School, Commercial
✓ 3
✓ 3
✓
Service Shop, Personal
✓ 3
✓ 3
✓
Service Shop, Light
✓ 3
✓ 3
✓
Veterinarian Clinic
✓ 3
✓ 3
✓
GATHERING PLACES AND COMMUNITY
Place of Entertainment ✓ 3
USES
✓ 3
✓
Place of Worship
✓ 3
✓ 3
✓
Private Club
✓ 3
✓ 3
✓
16A.3 Additional Regulations for Permitted Uses
Non-residential units must be located on the first floor (ground floor) and within
the business establishment street fagade when located within a mixed -use
building. Non-residential units may also be permitted elsewhere in a mixed -use
building provided that the ground floor is fully occupied with non-residential uses.
2. Existing single detached dwellings shall be subject to the regulations contained in
Section 12.2.
3. Non-residential uses are only permitted within a mixed -use building in the MU1
and MU2 zones.
4. Building which existed on the date of the passing of this By-law may only be
converted to a new or additional use if they conform to all regulations of the
respective MU zone
16A.4 Regulations
The regulations for lots in the Mixed Use Zones are set out in the Regulations
table.
TABLE,. •ZONE
Minimum Lot Area (Ha)
0.25
0.25
0.25
Minimum Lot Frontage (metres)
50
50
50
Minimum (metres)
2.0
2.0
2.0
Front
Maximum (metres) for
Yard
the minimum building
5.0
5.0
5.0
height
Exterior
Minimum (metres)
2.0
2.0
2.0
Side
Yard
(for
Maximum (metres)
5.0
5.0
5.0
corner
lots
Minimum (metres)
1.5
1.5
1.5
Interior
Side
Minimum abutting an
Yard
Urban Residential
5.0
5.0
5.0
Zone (metres)
Minimum (metres)
1.5
1.5
1.5
Rear
Minimum abutting an
Yard
Urban Residential
10.0
10.0
10.0
Zone (metres)
kexciiairr,
accessory
buildings
Number
As shown on
As shown on
As shown on the
of storeys
Minimum
the Zoning
the Zoning
Zoning Map
(subject
Map
Map
Schedule
to
Schedule
Schedule
Section
26.5 -
As shown on
As shown on
As shown on the
Zone
Maximum
the Zoning
the Zoning
Zoning Map
Suffixes)
Map
Schedule
Map
Schedule
Schedule
Minimum gross floor area
Above the first floor, each storey shall contain a
gross floor area equal to or greater than 50% of
the gross floor area of the floor immediately
beneath it.
Minimum
Along Durham
70%
70%
70%
length of
Highway 2
the street
fagade
Along any other
30%
30%
30%
public or private street
Buildings six storeys or taller shall
setback all floors above the fourth
3.0
3.0
3.0
storey that face a public street
(metres)
Amount of transparent glazing
within the business establishment
50%
50%
50%
street fagade
Within a street fagade; or
Residential Entrance
Along the side of the building but no more than
Location
half the width of the building from a street fagade.
of
Entrance
At least one public entrance for each business
Non -Residential
located on the first floor shall be located within a
Entrance
street fagade.
Maximum size of non-residential
600
600
No limit
units (square metres)
Maximum amount of non-
residential floor space per
3,000
3,000
No limit
property (square metres)
Landscape Requirements
Landscaped Open Space
15%
15%
15%
minimum
Minimum planting strip abutting
an Urban Residential zone
3.0
3.0
3.0
(metres)
Minimum number of loading
spaces
1
1
1
4 metres x 9 metres
Minimum distance between a
parking space and a building
2.5
2.5
2.5
where a walkway is located
beside the building (metres)
Minimum number of parking
spaces based on the gross floor
area of bank, professional office,
1 for every
1 for every
1 for every
retail commercial establishments
40 mz
40 m2
40 mz
and personal service shop
Minimum number of parking
spaces per apartment dwelling
1.0
1.0
1.0
unit (including visitor parking
spaces
16A.5 Additional Regulations in the Mixed -Use Zone
a. Notwithstanding Section 3.7a. no new uses may be established on a lot
that contains less than the minimum required lot area and frontage.
b. The front yard and exterior side yard setbacks only apply to the buildings,
or portion of buildings, which are being counted towards compliance with
the minimum length of the street fagade.
C. The parking requirements of any MU zone may be accommodated on
lands zoned MU within 150 metres of the subject property.
16A.6 Holding Symbol
The holding symbol will be removed once the Municipality is satisfied with the
following items:
a. Access
i) Conformity with the respective road authority's entrance
requirements;
ii) Accommodating access between adjoining properties;
iii) The entrance location will not inhibit redevelopment on other lots in
the same block; and
b. Environmental Protection
i) For properties located on the north side of Durham Highway 2, an
Environmental Impact Study must be completed in accordance with
the Clarington Official Plan and the recommendations incorporated
into the approved Site Plan.
C. Servicing
i) The uses to be permitted will be serviced by Municipal water and
sanitary sewers.
16A.7 Site Specific Exceptions
Section 16A.7.1 Commercial Mixed -Use Exception "MU 1-1 " Zone
Notwithstanding the respective provisions of Section 16A, those lands zoned
"MU1-1 (SA)" on the Schedules to this By-law shall, in addition to all other uses
and regulations of the MU zone, be subject to the following requirements:
a. Permitted Uses
i) A business, professional or administrative offices may be located
within the building which existed on the date of the passing of this
By-law; and
ii) A medical or dental clinic may be located within the building which
existed on the date of the passing of this By-law.
b. Regulations
i) All permitted uses listed in 16A.7.1 a., must be located within a
building which existing on the date of the passing of this By-law.
ii) Where the zone symbol shown on a Schedule to this By-law is
preceded by the letter (H), the use of the lands shall be limited to
the existing single detached dwelling. The (H) Holding Symbol may
be removed upon Council being satisfied that the property has
received Site Plan approval by June 30, 2019.
Section 16A.7.2 Commercial Mixed -Use Exception "MU1-2" Zone
Notwithstanding the respective provisions of Section 16A, those lands zoned
"MU1-2 (SA)" on the Schedules to this By-law shall, in addition to all other uses
and regulations of the MU zone, be subject to the following requirements:
a. Permitted Residential Uses
i) Dwelling units existing at the date of the passing of this by-law.
b. Permitted Non -Residential Uses
i) Business, professional or administrative offices;
ii) Commercial school;
iii) Convenience store;
iv) Day nursery;
v) Dry Cleaning Distribution Centre;
vi) Eating Establishment;
vii) Eating Establishment, Take-out;
viii) Financial Office;
ix) Hotel;
x) Laundry;
A) Medical or Dental Clinic;
xii) Motel;
xiii) Personal Service Shop;
xiv) Place of Entertainment;
xv) Place of Worship;
xvi) Private Club;
xvii) Retail/Commercial Establishment;
xviii) Tavern;
xix) Veterinarian Clinic; and
xx) Stationary Refreshment Vehicle provided the property was
identified in a Stationary Refreshment Vehicle license issued by the
Municipality prior to September 21, 2015 and the property has
continuously been identified in an annual stationary Refreshment
Vehicle license issued by the Municipality since that date.
C. Regulations
i) All permitted uses listed in 16A.7.2 a. and 16A.7.2 b., with the
exception of a Stationary Refreshment Vehicle, must be located
within one of the two buildings which existing on the date of the
passing of this By-law.
Section 16A.7.3 Urban Centre Mixed Use Exception "MU3-1"
Notwithstanding the respective provisions of Table 16A.4 those lands zoned MU3-
1 (SA/6), on the Schedules to this By-law, shall be subject to the following:
a. Regulations
i) Minimum length of the street facade
along Durham Highway 2 40%
ii) Location of Residential Entrance No requirement
Section 16A.7.4 Urban Centre Mixed Use Exception "MU3-2"
Notwithstanding the respective provisions of Table 16A.4 those lands zoned MU3-2
on the Schedules to this By-law, shall be subject to the following:
a. Regulations
i) Minimum length of the street facade along Durham Highway 2 60%
ii) The minimum required for transparent glazing within the business
establishment street facade shall only be applicable to buildings within
the front yard setback of Durham Highway 2.
iii) The locational requirements of non-residential entrances shall only be
applicable to buildings located within the front yard setback of Durham
Highway 2. Non-residential entrances may also be located along the
side of the building but no more than half the width of the building from
a street facade.
7
9
Section 15A Major Institutional (P1) Zone is hereby amended by adding, the
following new Special Exception zone 15A.3 as follows:
15A.3 Special Exceptions — Major Institutional (P1) Zone
15A.3.1 Major Institutional Exception (P1-1) Zone
Notwithstanding Section 15A.1 those lands zoned P1-1 as shown on the
Schedules to this By-law shall be subject to the following uses and regulations:
a. Permitted Uses
i) Library
b. Regulations
i) Lot Area (minimum)
ii) Lot Frontage (minimum)
iii) Yard Requirements (minimum)
a). Front Yard (minimum)
(maximum)
b). Exterior Side Yard (minimum)
(maximum)
c). Interior Side Yard
d) Rear Yard
0.25 Ha
50 metres
2 metres
5 metres
2 metres
5 metres
1.5 metres
1.5 metres
Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation as indicated on the attached Schedule "A".
Schedule `A' attached hereto shall form part of this By-law.
The following Sections shall be deleted in their entirety:
16.5.35 GENERAL COMMERCIAL EXCEPTION (C1-35) ZONE
17.5.3 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-3) ZONE
10. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
Passed in Open Council this 11th day of June, 2018.
14
Adrian Foster, Mayor
Andrew All son, Chief Administrative Officer
This is Schedule "A" to By-law 2018-059 , passed this 11th day of June 1 2018 A.D.
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Zoning Change From '(H)R1' To '(H)MU2(S:4)' Zoning Change From 'C1' To '(H)MU3-2(S:1/6)' Zoning Change From 'C2-3' To '(H)MU1(S:4)' 0 Zoning Change From 'R1' To '(H)MU1(S:4)' Zoning Change From 'R1' To '(H)MU3-1(S:4/6)' Zoning Change From 'C1' To 'EP'
Zoning Change From (H)R1 To (H)MU2(S:4/6) U Zoning Change From 'C1' To'(H)MU3-2(S:2/6)' 0 Zoning Change From 'C5-1' To'(H)MU2(S:4/6)/C5-1' Zoning Change From R1 To (H)MU1-1(S:4) Zoning Change From R1-51 To (H)MU2(S:4/6)/R1-51 Zoning Change From R1 To EP
Zoning Change From '(H)R1' To '(H)MU3(S:4/6)' Zoning Change From 'C1' To '(H)MU3(S:4/6)' 0 Zoning Change From 'C5-5' To '(H)MU2(S:4/6)/C5-5' Zoning Change From 'R1' To '(H)MU2(S:4)' �Zoning Change From 'R2' To '(H)MU2(S:4/6)' Zoning Change From 'R4' To 'EP'
Zoning Change From'(H)R1'To'R3' Zoning Change From 'Cl -35'To'(H)MU1-2(S:2/4)' Zoning Change From 'EP'To'(H)MU1-1(S:4)' Zoning Change From'R1'To'(H)MU2(S:4/6)' Zoning Change From '(H)R1'To'(H)R1/P1-1' Zoning To Remain'EP'
Zoning Change From ' H R2-50' To' H MU2 S:4 ' zoning Change From 'Cl61' To'C1-61/P1-1' _ Zoning Change From 'EP' To '(H)MU2(S:4)' E---- Zoning Change From 'C1' To '(H)MU3(S:6/12)' `� zoning To Remain EP-2
9 g ( ) ( ) ( ) 0 9 g Zoning Change From 'R1' To '(H)MU3(S:4/6)' �_ _ ; 9 '
Zoning Change From '(H)R -X o'( U2(S:4)' r---- 1 Zoning Change From 'C2' To '(H)MU3(S:4/6)' 0 Zoning Change From 'EP' To '(H)MU3(S:4/6)'
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Adrian Foster, Mayor Courfice ZbA 201 b-UU08 Schedule 4 Andrew Allison, Chief Administrati"ve'Off icer 1